GIBBS v. DEPARTMENT OF HUMAN RESOURCES

No. 8510SC109.

335 S.E.2d 924 (1985)

Hilda GIBBS v. DEPARTMENT OF HUMAN RESOURCES.

Court of Appeals of North Carolina.

November 5, 1985.


Attorney(s) appearing for the Case

David M. Rouse, Goldsboro, for petitioner-appellant.

Atty. Gen. Lacy H. Thornburg by Special Deputy Atty. Gen. M. Ann Reed, for respondent-appellee.


JOHNSON, Judge.

Two issues are presented by this appeal: (1) whether a finding of just cause was required; and (2) whether the chief hearing officer properly rendered a decision even though he did not hear the testimony, the hearing officer who heard the testimony having resigned before rendering a decision.

The first issue we address is whether a finding of just cause was required in this case. G.S. 126-35 provides in pertinent part:

No permanent...

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