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COX v. STATE EX REL. OKLAHOMA DHS

No. 96,899.

87 P.3d 607 (2004)

2004 OK 17

Bruce R. COX, Petitioner/Appellee, v. STATE of Oklahoma, ex rel., OKLAHOMA DEPARTMENT OF HUMAN SERVICES, Respondent/Appellant, and Oklahoma Merit Protection Commission, Respondent.

Supreme Court of Oklahoma.

March 9, 2004.

Attorney(s) appearing for the Case

Charles L. Waters, General Counsel, Richard A. Resetaritz, Assistant General Counsel, Oklahoma Department of Human Services, Oklahoma City, OK, for Respondent/Appellant.

Robert W. Cole, Oklahoma City, OK, for Petitioner/Appellee.

KAUGER, J.:

¶ 1 We granted certiorari to determine whether: 1) in all instances, 74 O.S.2001 § 840-6.31 or Merit Protection Commission Rule OAC 455:10-11-42 require an employer to progressively discipline an employee before discharge or to demonstrate that some lesser disciplinary act would be ineffective before imposing a more stringent penalty; and 2) the...

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