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COLORADO DEPT. OF HUMAN SERVICES v. MAGGARD

No. 09SC910.

248 P.3d 708 (2011)

COLORADO DEPARTMENT OF HUMAN SERVICES, State Veterans Home at Fitzsimons, and Colorado State Personnel Board, Petitioners v. Norma Jean MAGGARD, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 28, 2011.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Joseph F. Haughain , Senior Assistant Attorney General, Civil Litigation and Employment Law Section, Denver, Colorado, Attorneys for Petitioner Department of Human Services.

John W. Suthers , Attorney General, Roxane D. Baca , Senior Assistant Attorney General, Kris A. Gomez , Assistant Attorney General, Business and Licensing Section, Denver, Colorado, Attorneys for Colorado State Personnel Board.

Vonda G. Hall , Denver, Colorado, Attorney for Respondent.

Chief Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this appeal, we review the second of two court of appeals' opinions that reviewed a decision of the Colorado State Personnel Board (Board) upholding the termination of Respondent Norma Jean Maggard by the appointing authority of the Colorado Department of Human Services, State Veterans Home at Fitzsimons (appointing authority). Maggard v. Dep't of Human Servs. (Maggard II),

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