Stewart v. Department of Health & Welfare

SHEPARD, Chief Justice.

This is an appeal from a decision of the district court which in turn was an appeal from a decision from the Idaho Personnel Commission. The sole issue on appeal to the district court was the authority of the Personnel Commission to award attorney fees to a successful party in an administrative appeal. The district court held that the Personnel Commission had no such authority to award attorney fees. We reverse.

Appellants Stewart and Summers were dismissed from their employment at the Idaho State School and Hospital. They appealed their dismissal, and after hearings…