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DEPARTMENT OF REVENUE, FINANCE v. WADE

No. 2011-SC-000095-DG.

379 S.W.3d 134 (2012)

DEPARTMENT OF REVENUE, FINANCE, AND ADMINISTRATION CABINET, et al., Appellants v. Wanda Faye WADE, et al., Appellees.

Supreme Court of Kentucky.

September 20, 2012.

Attorney(s) appearing for the Case

Travis Alan Powell , Frankfort, KY, Counsel for Appellants.

Paul F. Fauri , Frankfort, KY, Counsel for Appellee, Wanda Faye Wade.

Mark A. Sipek , Boyce Andrew Crocker , Kentucky Personnel Board, Frankfort, KY, Counsel for Appellee, Personnel Board, Commonwealth of Kentucky.

Opinion of the Court by Justice SCOTT.

This case requires us to determine whether a state employee, after receiving notice of her employer's intent to dismiss her, waives her right to a pre-termination hearing by repeatedly engaging in conduct that delays the hearing. The Kentucky Personnel Board concluded that Appellee, Wanda Faye Wade, did not waive her right to a pre-termination hearing, and that her dismissal therefore violated her right to due process. The Franklin...

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