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MAGGARD v. DEPARTMENT OF HUMAN SERVICES

No. 09CA0210.

226 P.3d 1209 (2009)

Norma Jean MAGGARD, Petitioner-Appellant, v. DEPARTMENT OF HUMAN SERVICES and Colorado State Veterans Home at Fitzsimons, Respondents-Appellees, and State Personnel Board, Appellee.

Colorado Court of Appeals, Div. V.

September 17, 2009.

Attorney(s) appearing for the Case

Vonda G. Hall, Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Joseph F. Haughain, Senior Assistant Attorney General, Denver, Colorado, for Respondents-Appellees Department of Human Services and Colorado State Veterans Home at Fitzsimons.

John W. Suthers, Attorney General, Roxane D. Baca, Senior Assistant Attorney General, Denver, Colorado, for Appellee State Personnel Board.

Opinion by Judge RICHMAN.

Norma Jean Maggard appeals the order of the State Personnel Board (the Board) upholding her termination by the Department of Human Services and the Colorado State Veterans Home at Fitzsimons (collectively DHS). We reverse the Board's order and remand for reinstatement of the initial decision issued by the administrative law judge (ALJ).

I. Background

The appointing authority for DHS terminated Maggard's employment as a certified...

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