Georgia Department of Education v. Niemeier

Bernes, Judge.

We granted appellant Georgia Department of Education’s (“Department”) application for discretionary appeal to determine whether the State Personnel Board (“the Board” or “SPB”) was authorized to issue additional findings of fact based on the record evidence and to reverse the administrative law judge’s (“ALJ”) initial decision upholding the Department’s dismissal of Sam Niemeier. We conclude that the Board was so authorized and therefore, we affirm.

“ ‘(V)iewed in a light most favorable to [Niemeier], the prevailing party before the [B]oard, and with every presumption in favor of…