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HOOD v. IDAHO DEPT. OF HEALTH AND WELFARE

No. 20273.

868 P.2d 479 (1994)

125 Idaho 151

Cottie HOOD, Employee, Petitioner-Appellant, v. IDAHO DEPARTMENT OF HEALTH AND WELFARE, Employer, Respondent.

Supreme Court of Idaho, Boise, December 1993 Term.

February 9, 1994.

Attorney(s) appearing for the Case

William B. Latta, Jr., Boise, for petitioner-appellant.

Larry EchoHawk, Atty. Gen., Michael R. DeAngelo, Deputy Atty. Gen., argued, for respondent.

JOHNSON, Justice.

This is a public employee grievance case. We conclude that in adopting an administrative rule establishing a probationary period of 1,040 hours of credited state service for state employees, the Idaho Personnel Commission (the commission) erroneously construed its statutory authority to adopt a rule establishing a probation period not to exceed six months.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Cottie Hood was employed...

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