Personnel

ALJ recommends dismissal of charges where employee made honest mistake.

Respondent was charged with being absent without leave and insubordinate when she mistakenly appeared for an OATH hearing at 10:00 a.m. instead of 2:00 p.m. ALJ Kevin F. Casey recommended dismissal of the charges because the proof did not show that respondent was given a clear directive to report to her worksite in the morning and for trial in the afternoon.

Dep't of Environmental Protection v. Moriates, OATH Index No. 1633/14 (July 8, 2014).