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DEPT. OF SAFETY v. BEARD

No. 306, Sept.Term, 2000.

790 A.2d 57 (2002)

142 Md. App. 283

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES v. Joseph William BEARD and Mary W. Owens, Personal Representatives of the Estate of Jeffrey Beard.

Court of Special Appeals of Maryland.

January 30, 2002.

Attorney(s) appearing for the Case

Michele J. McDonald, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on the brief), for appellant.

David V. Diggs (Kahn, Smith & Collins, P.A., on the brief), Baltimore, for appellee.

Argued before HOLLANDER, KRAUSER, and ROBERT N. DUGAN (Specially assigned), JJ.

KRAUSER, Judge.

The issue before us is whether the Department of Public Safety and Correctional Services, appellant, can terminate the employment of a Drinking Driver Monitor because he was convicted of driving while under the influence of alcohol. The answer to that question is neither as simple nor as predictable as it might appear at first blush.

Our review of relevant law reveals, on the one hand, an Executive...

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