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DEPARTMENT OF HEALTH v. MAXWELL

No. COA02-92.

576 S.E.2d 688 (2003)

North Carolina DEPARTMENT OF HEALTH AND HUMAN SERVICES, VOCATIONAL REHABILITATION, Petitioner, v. Michael Duane MAXWELL, Respondent.

Court of Appeals of North Carolina.

March 4, 2003.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Lisa Granberry Corbett, for petitioner-appellant.

Voerman & Gurganus, by David E. Gurganus, New Bern, for respondent-appellee.

HUDSON, Judge.

Respondent, Michael Duane Maxwell, was employed by Petitioner, North Carolina Department of Health and Human Services, Division of Vocational Rehabilitation ("State VR") from 6 July 1998 until his termination on 30 April 1999. Thereafter, he appealed through internal grievance procedures without success and then filed a Petition for a Contested Case with the Office of Administrative Hearings ("OAH"). The...

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