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LUCK v. EMPLOYMENT SEC. COM'N

No. 8010SC452.

272 S.E.2d 607 (1980)

Gregory P. LUCK, Petitioner Appellee, v. EMPLOYMENT SECURITY COMMISSION of North Carolina, Respondent Appellant.

Court of Appeals of North Carolina.

December 16, 1980.

Attorney(s) appearing for the Case

W. G. Mitchell, North Wilkesboro, for petitioner appellee.

Howard G. Doyle, Chief Counsel, and Gail C. Arneke, Staff Atty., Raleigh, for respondent appellant.

HARRY C. MARTIN, Judge.

The only question presented by this appeal is whether Luck's appeal was timely. It appears that this is a case of first impression in North Carolina. The pertinent provisions of N.C.G.S. 126-35 and 126-38 are:

§ 126-35. ... No permanent employee subject to the State Personnel Act shall be discharged, suspended, or reduced in pay or position, except for just cause. In cases of such disciplinary action, the employee shall, before...

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