Virginia Department of Alcoholic Beverage Control v. Don C. Tyson

KELSEY, Judge.

The Virginia Department of Alcoholic Beverage Control (the “agency”) fired Don C. Tyson in 2012. Tyson exhausted his grievance remedies afforded by the State Grievance Procedure, Code § 2.2-3000 et seq. On appeal, the circuit court reversed the administrative hearing officer’s decision, which upheld the agency’s decision to terminate Tyson, on the ground that the agency violated Tyson’s procedural due process rights. Finding no legal basis for that conclusion, we reverse the circuit court’s holding and reinstate the hearing officer’s decision.

I

Ordinarily, an appellate court…