On Application for Rehearing
THOMAS, Judge.
The opinion of February 5, 2010, is withdrawn, and the following is substituted therefor.
On December 23, 2005, the Alabama Department of Mental Health and Mental Retardation, now known as the Department of Mental Health ("DMH"), terminated Jeffery Miller's employment as a Mental Health Worker I for allegedly abusing a patient at the Taylor Hardin Secure Medical Facility ("Taylor Hardin"). Miller...
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