Issue: Compliance, Administrative Review of Hearing Decision; Ruling date March 28, 2001; Ruling #2001-051; Agency: Department of Mental Health, Mental Retardation and Substance Abuse Services; Outcome: Out of compliance (grievant)

COMMONWEALTH of VIRGINIA

Department of Employment Dispute Resolution

RULING OF DIRECTOR ON ADMINISTRATIVE REVIEW
OF HEARING DECISION

In the matter of Department of Mental Health, Mental Retardation and Substance Abuse Services
Ruling Number 2001-051
March 28, 2001

ISSUE:

Should the grievant's March 27, 2001 administrative appeal to this Department of her March 16, 2000 hearing decision be granted?

RULING:

The grievant's administrative appeal to this Department's Director is untimely and will not be addressed.

EXPLANATION:

Section 7.2 of the Grievance Procedure Manual requires that all requests for administrative review of a hearing decision be made in writing and received by the administrative reviewer within 10 calendar days of the date of the original hearing decision. When computing time under the grievance procedure, "the day of the event from which the designated period of time begins to run shall not be included." Grievance Procedure Manual § 9.3.

In this case, the hearing officer issued his decision on March 16, 2001. The tenth calendar day following that decision is March 26, 2001. Thus, the grievant's Notice of Administrative Appeal, filed by facsimile on March 27, 2001 with this Department's Director, is untimely by one day, and will not be addressed. Accordingly, the March 16, 2001 hearing decision is a final hearing decision (Grievance Procedure Manual § 7.2(d)), and is subject to judicial review. See Grievance Procedure Manual § 7.3.

Neil A.G. McPhie, Esquire
Director