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PSC v. Wilson
State: Maryland
Court: Court of Appeals
Docket No: 133/04
Case Date: 09/13/2005
Preview:Public Service Commission v. Wilson, No. 13 3, Septe mber T erm, 20 04. STATUTORY INTERPRETATION - STATE PERSONNEL MANAGEMENT SYSTEM PUBL IC SERVICE COMMISSION - APPOINTING AUTHORITY - THE FIVE COMMISSIONERS OF THE PUBLIC SERVICE CO MMISSION (OR THE VO TE OF A MAJORITY THEREOF) CONSTITUTE THAT AGENCY'S "APPOINTING AUTHORITY" STATUTORY INTERPRETATION - STATE PERSON NEL MANA GEMENT SY STEM PROCEDURES TO BE FOLLOWED PRIOR TO TERMINATION AS THE RESULT OF "EMPLOYEE MISCO NDU CT" - IN ORDER TO CONSTITUTE "EMPLOYEE MISC OND UCT ," ALLEGED EMPLOYEE CONDUCT MUST IMPLICATE AN ELEMENT OF WRONGDOING OR CULPABLE NEGLIGENCE ADMINISTRATIVE LAW - EXHAUSTION OF ADMINISTRATIVE REMEDIES CONSTITUTIONAL EXCEPTION - WHEN AN INDIVIDUAL CHALLENGES THE CONSTITUTIONALITY OF A STATUTE OR REGULATION AS APPLIED TO THAT INDIVID UAL'S PARTICULAR CIRCUM STAN CES, AV AILAB LE AN D SPEC IFIC ADMINISTRATIVE REMEDIES MUST BE EXHAUSTED BEFORE RESORT TO A JUDICIAL FORUM At-will employee of the Maryland Public Serv ice C omm issio n ("C omm issio n"), C hrys Wilson, was term inated initially by the Chairman of the Commission, acting without the approva l, acquiescence, or delegation of the Commission as a whole, which is made up of five Commissioners (including the Cha irman). Under M d. Code (1993 , 2004 Repl. Vo l.),
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