VANDERBURG v. N.C. DEPT. OF REVENUE

No. COA04-554.

608 S.E.2d 831 (2005)

Michael H. VANDERBURG, Petitioner, v. NC DEPARTMENT OF REVENUE, Respondent.

Court of Appeals of North Carolina.

March 1, 2005.


Attorney(s) appearing for the Case

Ferguson, Stein Chambers, Adkins, Gresham & Sumter, P.A., by John W. Gresham, Charlotte, for petitioner-appellee.

Attorney General Roy Cooper, by Special Deputy Attorney General George W. Boylan and Assistant Attorney General Michael D. Youth, for respondent-appellant.


TYSON, Judge.

The North Carolina Department of Revenue ("NCDOR") appeals an order affirming the Final Agency Decision of the State Personnel Commission ("the Commission"). The Commission adopted the recommended decision of the Administrative Law Judge ("ALJ") that overturned the dismissal of Michael H. Vanderburg ("Vanderburg") and reinstated him to his former position. We affirm.

I. Background

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