Petition for Review

Petitions for Review  See also § 19-60 

In determining the nature and extent of discipline, hearing officers must focus on the employee’s own record.  In re Webster, CSB 03-11A, 4 (4/14/12). 

19-61 (D)

The Board may reverse a hearing officer’s decision only if it is not supported by the evidence in the record and is clearly erroneous.  In re Webster, CSB 03-11A, 3 (4/14/12).  

Hearing officers are charged with judging the credibility of witnesses and deciding the weight assigned to testimony and other evidence. In re Webster, CSB 03-11A (4/14/12). 

Decision was not clearly erroneous where witnesses who appellant claimed were not made available by the agency, were known to appellant and appellant failed to subpoena them.  In re Webster, CSB 03-11A, 4 (4/14/12). 

Where video evidence was clear and unambiguous, what non-appearing witnesses may have claimed to see is insufficient basis to reverse hearing officer’s conclusions.  In re Webster, CSB 03-11A, 4 (4/14/12).

Career Service Board may reject argument for reduction in penalty based upon discipline in unrelated cases and which makes no cogent argument relating them to the present case.  In re Webster, CSB 03-11A, 4 (4/14/12).

Grounds for 

A claim which was not stated in the Petition for Review is not properly before the Board in petitioner’s brief. In re Webster, CSB 03-11A, 5, 6 (4/14/12). 

A claim which does not materially impact the outcome or conduct of the hearing does not provide any basis to disturb the ruling of the hearing officer. In re Webster, CSB 03-11A, 5 (4/14/12). 

Petitioner/appellant’s claim that he did not timely receive appellant’s IAB file does not affect hearing officer’s decision where the petitioner did not argue there was material prejudice by his late reception of the file and the record contained sufficient evidence to support the hearing officer’s findings. In re Webster, CSB 03-11A, 5 (4/14/12). 

Petitioner’s allegations did not constitute a claim under CSR 19-61 A where he asserted the nonappearance of a witness at hearing, but he failed to subpoena the witness or request an extension to do so. In re Webster CSB 03-11A, 4 (4/14/12). 

Petitioner failed to state a claim under CSR 19-61 B., erroneous rules interpretation, where he failed to identify a violation or erroneous interpretation of any rule. In re Webster, CSB 03-11A, 6 (4/14/12).

Criminal prosecutions have no applicability Career Service hearings.  In re Webster, CSB 03-11A (4/14/12).


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