Issue: Compliance/Other; Ruling Date October 19, 2001: Ruling #2001-194; Agency: Department of Transportation; Outcome: Agency in compliance

In the matter of Department of Transportation/ No. 5278

October 19, 2001

Pursuant to Va. Code 2.2-3006(B), the Virginia Department of Transportation (VDOT) seeks approval from the Director of this Department to proceed with its appeal of the hearing officer’s final decision in case #5278. Having carefully reviewed the agency’s request, this Department has found no evidence that VDOT’s appeal is being presented for any improper purpose such as to harass or cause delay. Accordingly, VDOT’s request is granted and the agency may now file a notice of appeal with the circuit court in the jurisdiction in which the grievance arose. Any such notice must be filed within 30 days of the date of the issuance of the October 2, 2001 Response to Reconsideration.

Approval to proceed with the circuit court appeal in no way reflects of the relative merits of the appeal addresses or the jurisdiction of the circuit court. Note that the circuit court "shall award reasonable attorneys’ fees and costs to the employee if the employee substantially prevails on the merits" of the agency’s appeal.

Neil A.G. McPhie, Esquire
Director

William G. Anderson, Jr.
Employment Relations Consultant