Department of Corrections v. Barry

ERVIN, Chief Judge.

The Department of Corrections (Department) appeals from the Career Service Commission’s (Commission) final order, pursuant to Barry’s appeal of a disciplinary action, granting a directed verdict in favor of Barry on grounds that the Department had not provided Barry with sufficient notice of the reasons for his suspension to afford him a fair opportunity to meet the charges. We do not find it necessary to discuss the five points raised by the Department. Instead, we reverse upon the sole finding that Barry waived any error based on insufficiency of notice by his failure to…