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N.C. DEPT. OF CORRECTION v. McKIMMEY

No. COA00-1528.

561 S.E.2d 340 (2002)

NORTH CAROLINA DEPARTMENT OF CORRECTION, Petitioner-Appellant, v. Michael McKIMMEY, Respondent-Appellee.

Court of Appeals of North Carolina.

April 2, 2002.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General J. Philip Allen for petitioner-appellant.

D. Keith Teague, P.A., by D. Keith Teague and Danny Glover, Jr., Elizabeth City, for respondent-appellee.

BRYANT, Judge.

On 20 November 1995, petitioner North Carolina Department of Correction (NCDOC) dismissed respondent probation/parole officer Michael McKimmey pursuant to N.C. Admin. Code tit. 25, r. 1J.0606 for grossly inefficient job performance. After an internal appeal within NCDOC, respondent's dismissal was upheld by the Secretary of the Department of Correction. On 6 March 1996, respondent filed a petition for a contested hearing with the Office of Administrative...

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