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THE AGENCY v. TYSON

Record No. 1352-13-2.

758 S.E.2d 89 (2014)

63 Va. App. 417

VIRGINIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL v. Don C. TYSON.

Court of Appeals of Virginia, Richmond.

May 27, 2014.

Attorney(s) appearing for the Case

Ronald R. Regnery , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Wesley G. Russell, Jr. , Deputy Attorney General; Guy W. Horsley, Jr. , Special Assistant Attorney General, on briefs), for appellant.

Darry A. Parker for appellee.

Present: FELTON, C.J., KELSEY and PETTY, JJ.

KELSEY, Judge.

The Virginia Department of Alcoholic Beverage Control (the "agency") fired Don C. Tyson in 2012. Tyson exhausted his grievance remedies afforded by the State Grievance Procedure, Code § 2.2-3000 et seq. On appeal, the circuit court reversed the administrative hearing officer's decision, which upheld the agency's decision to terminate Tyson, on the ground that the agency violated Tyson's procedural due process rights. Finding no legal basis...

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