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NEW MEXICO DEPT. OF HEALTH v. ULIBARRI

No. 13971.

852 P.2d 686 (1993)

115 N.M. 413

The NEW MEXICO DEPARTMENT OF HEALTH, Petitioner-Appellee, v. Theresa ULIBARRI, Respondent-Appellant.

Court of Appeals of New Mexico.

April 7, 1993.

Attorney(s) appearing for the Case

Beth Schaefer, Sp. Asst. Atty. Gen., Asst. Gen. Counsel, Office of Gen. Counsel, New Mexico Dept. of Health, Santa Fe, for petitioner-appellee.

Dave Romero, Jr., The Romero Law Firm, P.A., Las Vegas, for respondent-appellant.

OPINION

MINZNER, Chief Judge.

Employee appeals the district court's reversal of the State Personnel Board's (Board) decision to reinstate her employment. The dispositive issue is whether the district court erred in determining that the Board did not have jurisdiction to hear Employee's appeal because Employee failed to file a timely notice of appeal with the Board.

Based on the reasoning discussed below, we reverse the district court's order and reinstate...

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