O’Keefe v. State, Department of Motor Vehicles

The Supreme Court affirmed the district court’s order granting a petition for review of a decision of a hearing officer to reinstate a classified employee after that employee was terminated by the Department of Motor Vehicles (DMV), holding that the hearing officer applied the wrong standard of review.After the DMV terminated the employee’s employment for disciplinary reasons, the employee requested a hearing to challenge the decision. The hearing officer reversed the DMV’s decision to terminate the employee and recommended the lesser discipline of a suspension. The district court granted the DMV’s petition for judicial review and set aside the hearing officer’s decision. The court of appeals affirmed. The Supreme Court affirmed, holding (1) whether the employee violated a law or regulation is reviewed de novo, but the agency’s decision to terminate the employee is entitled to deference; and (2) the hearing officer did not apply that deferential standard in this case. View "O’Keefe v. State, Department of Motor Vehicles" on Justia Law