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KEYES v. NORTH CAROLINA DEPT. OF TRANS.

No. COA08-1542.

684 S.E.2d 65 (2009)

James Albert KEYES, Petitioner, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of North Carolina.

October 20, 2009.

Attorney(s) appearing for the Case

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton III, New Bern, & Stephen A. Graves, P.A., Washington, for petitioner.

Attorney General Roy Cooper, by Assistant Attorney General Alexandra M. Hightower, for respondent.

WYNN, Judge.

Petitioner James Albert Keyes appeals from a Superior Court order affirming the State Personnel Commission's decision to dismiss Petitioner James Albert Keyes for just cause. Upon review, we affirm in part, and remand for consideration of the issue of willfulness by the Administrative Law Judge.

The record tends to show that Keyes worked at DOT as a transportation worker, a position that required a commercial driver's license (CDL). On 14 October...

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