Cox v. State ex rel. Oklahoma Department of Human Services

KAUGER, J.;

{1 We granted certiorari to determine whether: 1) in all instances, 74 0.8.2001 § 840-6.3 1 or Merit Protection Commission Rule OAC 455:10-11-4 2 require an employ*610er to progressively discipline an employee before discharge or to demonstrate that some lesser disciplinary act would be ineffective before imposing a more stringent penalty; and 2) the factual determination to uphold the employee's discharge was clearly erroneous in view of the reliable, material, probative and substantially competent evidence or arbitrary or capricious.3 We determine that 74 0.8.2001 $ 840-6.8 and Merit…