We granted the application of the Georgia Department of Community Health to determine whether the Tift County Superior Court erred when it held that the State Personnel Board exceeded its authority in adopting regulations authorizing an administrative law judge ALJ to resolve an appeal from the Board’s termination of a classified state employee, Elizabeth Dillard, without holding an evidentiary hearing. We hold that the regulation at issue does not comport with the Georgia Merit System Act, OCGA § 45-20-1 et seq., in that it denied Dillard, who had been deemed “voluntarily separated” from employment, her statutory right to a hearing. We therefore affirm the decision of the superior court. A superior court may reverse a decision of the State Personnel Board only if substantial rights of the petitioner have been prejudiced because the board’s findings, inferences, conclusions, decisions, or orders are: 1 in violation of constitutional or statutory provisions; 2 in excess of the statutory authority of the board; 3 made upon unlawful procedure; 4 clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or 5 arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. OCGA § 45-20-9 m.
The relevant facts are not in dispute. Dillard began working with the Department of Community Health in 1991. In October 2008, by which time she was a classified employee, Dillard went on a leave of absence without pay as a result of a carpal tunnel injury. She returned to work from April 20 through July 31, 2009. On September 2, Dillard requested additional leave in order to have surgery. The Board granted her request, and Dillard was paid workers’ compensation benefits effective September 16, 2009. On October 13, a personnel officer with the Department sent a written reminder to Dillard that the Department had not yet received a physician’s statement concerning her inability to work. Dillard then provided a physician’s statement indicating that she could not return to work until November 17.
