State, Department of Corrections v. Ludwick

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The Supreme Court reversed the district court's denial of the petition filed by the Nevada Department of Corrections (NDOC) seeking judicial review of a hearing officer's decision to reinstate Brian Ludwick's employment after NDOC terminated Ludwick for a first-time offense, holding that the hearing officer committed legal error in relying on an invalid regulation to set aside Ludwick's termination.The Supreme Court remanded the case, holding (1) the hearing officer erred in relying on a regulation that the State Personnel Commission had not approved as statutorily required; and (2) in light of O'Keefe v. State, Department of Motor Vehicles, 431 P.3d 350 (Nev. 2018), the hearing officer did not properly consider whether Ludwick's actions constituted violations of the valid regulations NDOC charged him with violating and, if so, whether those violations warranted termination as a first-time disciplinary measure. View "State, Department of Corrections v. Ludwick" on Justia Law