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COM., DEPT. OF TAXATION v. HOGAN

Record No. 0900-89-2.

397 S.E.2d 902 (1990)

COMMONWEALTH of Virginia, DEPARTMENT OF TAXATION v. Brian N. HOGAN.

Court of Appeals of Virginia.

November 13, 1990.

Attorney(s) appearing for the Case

Neil A. G. McPhie, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., Cleo E. Powell, Sr. Asst. Atty. Gen., and Alma F. Jackson, Asst. Atty. Gen., on brief), for appellant.

James B. Thorsen (Thorsen & Page, Richmond, on brief), for appellee.

Present COLEMAN, COLE and WILLIS, JJ.

COLEMAN, Judge.

The Department of Taxation dismissed its employee, Brian Hogan, as a disciplinary measure. Hogan grieved the dismissal under the state's grievance procedure established pursuant to Code § 2.1-114.5:1. A grievance arbitration panel issued a decision directing the Department to reinstate Hogan. The panel, in addition to directing reinstatement, issued a nonbinding recommendation that he be demoted.

As a result of the grievance decision the...

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