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LEWIS v. DEPT. OF HUMAN RESOURCES

No. 888SC527.

375 S.E.2d 712 (1989)

Thomas Earl LEWIS, Petitioner-Appellee, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Respondent-Appellant.

Court of Appeals of North Carolina.

February 7, 1989.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. John R. Corne, Raleigh, for the State.

Barnes, Braswell, Haithcock, & Warren, P.A. by W. Timothy Haithcock, Goldsboro, for petitioner-appellee.

BECTON, Judge.

Respondent-appellant, the Department of Human Resources ("DHR"), appeals from a superior court order which reversed as arbitrary and capricious the decision of the State Personnel Commission ("the Commission") to dismiss an employee grievance appeal. The grievance appeal was dismissed, initially by DHR and subsequently by the Commission, because it was filed one day late. We hold that the Commission decision was not arbitrary or capricious, and reverse...

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