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Administrative Law Keyed to Lawson
Kimm v. Department of Treasury
Facts
Kimm testified that he believed the agency’s regulations allowed him to make a “minor deviation,” in light of his wife’s medical emergency, to bring his son to daycare. He cited a number of minor deviations that were standard practice-such as finding a place to eat while on a mission, testified that the agency was lax in the enforcement of its GOV regulations, and cited a number of incidents to support his belief. The AJ found that Kimm did not act with the requisite knowledge or disregard that his GOV use constituted a nonofficial use, and that Kimm thought he had discretion to rectify a family emergency while still making the best use of his time to perform agency functions. The Board reversed the initial decision and sustained the suspension, and Kimm petitioned for review.
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