W. VA. DEPT. OF HEALTH & HUMAN RES. v. HESS

No. 21278.

432 S.E.2d 27 (1993)

189 W.Va. 357

WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Appellant, v. Warren HESS, John Mellinger and Vicki Britner, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 16, 1993.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Atty. Gen., Charlene A. Vaughan, Asst. Atty. Gen., Charleston, for appellant.

James M. Haviland, Crandall, Pyles & Haviland, Charleston, for appellees.


MILLER, Justice:

The West Virginia Department of Health and Human Resources (Department) appeals a final order of the Circuit Court of Kanawha County, dated March 14, 1992, dismissing its appeal from an administrative decision of the West Virginia Education and State Employees Grievance Board (Board). The circuit court dismissed the case because: (1) the Department failed to appeal the administrative decision within the time frame prescribed by W.Va.Code, 29-6A-7...

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