Tamburello v. State, Department of Management Services, Division of Retirement

This cause is before us on appeal from the Department of Management Services, Division of Retirement’s (DOR) final order rejecting several of the hearing officer’s findings of fact to determine that Tam-burello had been re-employed within twelve months of his retirement and was, therefore, required to repay retirement benefits made by DOR. We reverse.

As relevant to this appeal, the hearing officer found:

6. The consulting contract specified that petitioner would act as an independent contractor while performing services under the contract, and that he would not *33be an employee of the College.…