DEPT. OF HEALTH AND WELFARE v. SANDOVAL

No. 16560.

742 P.2d 992 (1987)

113 Idaho 186

DEPARTMENT OF HEALTH AND WELFARE, Petitioner-Appellant, v. Maria G. SANDOVAL, Respondent-Respondent.

Court of Appeals of Idaho.

August 3, 1987.


Attorney(s) appearing for the Case

Jim Jones, Atty. Gen. by James F. Wickham and Michael R. DeAngelo (argued), Deputy Attys. Gen., Boise, for petitioner-appellant.

William F. Gigray, III, and Scott E. Fouser (argued), Gigray, Miller, Downen, Weston & Pasley, Caldwell, for respondent-respondent.


BURNETT, Judge.

In this appeal we must decide what degree of deference should be accorded to findings of fact made by the Personnel Commission, when those findings conflict with a credibility determination made by the Commission's own hearing officer. The question is framed by facts surrounding the discharge of a state employee.

On December 22, 1983, it was discovered that a mentally retarded resident at the Idaho State School & Hospital had been beaten...

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