KAHN, J.
Julius G. Smith appeals a final order from the Public Employees Relations Commission ("PERC"). In the order, PERC rejected the hearing officer's recommendation that Smith's termination be reduced to a sixty-day suspension without pay. On appeal, Smith argues PERC erred as a matter of law when it found that marital strife and emotional turmoil never qualify as mitigating factors in its review of agency action. We vacate the order and remand for further proceedings...
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