A federal district court upheld a hearing officer’s decision to terminate a Virginia Department of Corrections ranking major who allegedly violated department policy by failing to report a prohibited relationship between a supervisor and subordinate. The hearing officer’s decision was based on an internal agency policy and not contradictory to law—such as a constitutional provision, statute, regulation, or judicial decision—therefore the circuit court erred in reversing his termination on the basis that the hearing officer misapplied the policy because the decision was outside the scope of judicial review, the court said. The circuit court also abused its discretion when awarding ...
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