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ASHLEY v. DEPARTMENT OF HEALTH AND WELFARE

No. 15124.

696 P.2d 353 (1985)

108 Idaho 1

Robert J. ASHLEY, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND WELFARE, Defendant-Respondent.

Court of Appeals of Idaho.

February 27, 1985.

Attorney(s) appearing for the Case

John Souza, Pocatello, for plaintiff-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Michael Richard De Angelo and Steven Stoddard, Deputy Attys. Gen. and William B. Latta, Jr., Boise, for defendant-respondent.

Before HUNTLEY, Acting C.J., and WALTERS and OLIVER, Acting JJ., Special Panel.

HUNTLEY, Acting Chief Judge.

Robert J. Ashley was dismissed from his employment with the Idaho Department of Health and Welfare. He appealed the Department's decision to the Idaho personnel commission, where a hearing officer held an evidentiary hearing and affirmed the Department's decision to dismiss him. I.C. § 67-5316(h) provides, in part:

"If the matter has been assigned for hearing by a member of the commission or a duly appointed presiding officer...

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