Issue: Compliance/Hearing Decision; Ruling Date October 16, 2001; Ruling #2001-186; Agency: Department of Transportation; Outcome: Hearing Officer in Compliance.

COMPLIANCE RULING OF DIRECTOR

In the matter of Department of Transportation/ No. 2001-186

October 10, 2001

Is the hearing officer out of compliance with the grievance procedure by failing to decide the issues qualified for hearing (discrimination and retaliation) in Case No. 5256?

No. The hearing officer is in compliance with the grievance procedure. Issuance of the revised decision on September 20, 2001, concludes the administrative review process with no possibility of further review by this Department or the Department of Human Resource Management.¹ Thus, the hearing officer’s decision has now become a final hearing decision. Once a hearing decision becomes final, either party may seek review by the circuit court on the grounds that the final hearing decision is contradictory to law. ²This Department’s rulings on matters of compliance are final and nonappealable. ³

This Department has already ruled on this issue. In our September 14, 2001 compliance ruling, we considered this exact issue and held that "the hearing officer has complied, in part, with the grievance procedure by determining there was no basis for the grievant’s discrimination claim." ⁴The hearing officer was requested to revise his written decision to state his findings on the retaliation issue, which he accomplished on September 20, 2001. In doing so, the hearing officer determined that there was no basis to conclude that the agency retaliated against grievant.

Neil A. G. McPhie, Esquire
Director

June M. Foy
Senior Consultant