Department of Health & Welfare v. Sandoval

BURNETT, Judge.

In this appeal we must decide what degree of deference should be accorded to findings of fact made by the Personnel Commission, when those findings conflict with a credibility determination made by the Commission’s own hearing officer. The question is framed by facts surrounding the discharge of a state employee.

On December 22,1983, it was discovered that a mentally retarded resident at the Idaho State School & Hospital had been beaten severely. An investigation ensued. A hospital worker asserted that another employee, Maria Sandoval, had admitted beating the resident. Sandoval…