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JONES v. STATE EX REL. OFFICE OF JUVENILE AFFAIRS

No. 107,379.

268 P.3d 72 (2011)

2011 OK 105

Mary Roshawn JONES, Plaintiff/Appellant, v. STATE of Oklahoma, ex rel., OFFICE OF JUVENILE AFFAIRS, Defendant/Appellee.

Supreme Court of Oklahoma.

December 20, 2011.

Attorney(s) appearing for the Case

Charles C. Vaught , Kevin S. Marritt , Tulsa, Oklahoma, for Plaintiff/Appellant.

Lisa Erickson Endres , Assistant Attorney General, Oklahoma City, Oklahoma, for Defendants/Appellees.

KAUGER, J.:

¶ 1 The first impression issue presented here is whether the provisions of the Oklahoma Standards for Drug and Alcohol Testing Act (SWDATA), 40 O.S. §§ 551-563 permit a classified state employee to file an action in district court prior to the exhaustion of administrative remedies. We hold that SWDATA provides an independent cause of action which authorizes a classified state employee to file an...

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