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Suspension inappropriate where educator complied with mandatory reporting requirements.

Topic: Educators, Decided by Judge Teate 
Docket Number: 1642834 , Decision Date: 2016-08-26 
Attachment: Click here to download the decision. 

A high school assistant principal was directed by the principal to investigate an incident involving two students circulating a naked photograph of one of their peers. The assistant principal complied, and later reported her findings to the principal, but did not directly report the incident [..] Read More..

Reflex action is not “willful.”

Topic: Nurse Aide Registry, Decided by Judge Teate 
Docket Number: 1627980 , Decision Date: 2016-03-17 
Attachment: Click here to download the decision. 

A nurse aide was not shown to have abused a resident where the evidence on record showed that she slapped the resident “reflexively” in response to being struck in the face, as “abuse” under the governing regulation requires a showing of willfulness.

Employee was not provided with adequate notice of grounds for demotion.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1634698 , Decision Date: 2016-04-13 
Attachment: Click here to download the decision. 

A community service board was not authorized to demote a classified employee for alleged “misconduct,” “inefficiency in performing assigned duties” and “conduct reflecting discredit” on the board where the notice of the proposed demotion provided only that the board had received complaints from six employees, [..] Read More..

Classified employee dismissed for failure to return to duty.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1518105 , Decision Date: 2015-03-11 
Attachment: Click here to download the decision. 

After a workplace injury, Petitioner was placed on leave without pay while she received worker’s compensation benefits. Once those benefits expired, the Department of Revenue paid out the annual and sick leave benefits that she had accumulated during her tenure.  After exhausting all of her [..] Read More..

Engineer demoted for negligence and inefficiency in performing assigned duties.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1523425 , Decision Date: 2015-02-20 
Attachment: Click here to download the decision. 

The Georgia Department of Transportation (“DOT”) demoted Petitioner from Assistant Area Engineer to Construction Project Engineer after he failed to follow up with his contractors to ensure that the DOT’s permits were updated and, in a separate incident, unilaterally approved his contractor to undercut and [..] Read More..

Vendor agreements cancelled for extremely inappropriate behavior and pattern of non-compliance.

Topic: Vocational Rehabilitation, Decided by Judge Teate 
Docket Number: 1511100 , Decision Date: 2015-01-14 
Attachment: Click here to download the decision. 

Petitioner, a blind vendor, maintained food vendor operations in two federal buildings pursuant to agreements authorized under the Business Enterprise Program.  The Georgia Vocational Rehabilitation Agency (“GVRA”) canceled Petitioner’s agreements after Petitioner proved incapable of complying with the program’s accounting rules, and following an incident [..] Read More..

Court Martial not an automatic bar to licensure.

Topic: Insurance, Decided by Judge Teate 
Docket Number: 1506926 , Decision Date: 2014-12-10 
Attachment: Click here to download the decision. 

The Georgia Department of Insurance denied Petitioner’s application based upon his conviction for two violations of the Uniform Code of Military Justice while serving in the United States Navy.  The Court concluded that Petitioner could be granted a license, despite his criminal history, because Petitioner [..] Read More..

State employee discharged for sending threatening e-mail.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1501930 , Decision Date: 2014-12-17 
Attachment: Click here to download the decision. 

The Department of Corrections suspended, and thereafter terminated Petitioner, a classified employee, for sending an e-mail containing threatening language and vivid descriptions of violence to another employee.  Petitioner appealed, contending that the purpose of the e-mail was to point out deficits in workplace security.  The [..] Read More..

Educator suspended for one year for failure to maintain professional relationship with students.

Topic: Educators, Decided by Judge Teate 
Docket Number: 1501735 , Decision Date: 2014-11-19 
Attachment: Click here to download the decision. 

The Professional Standards Commission recommended that Petitioner’s teaching certificate be revoked after several female students reported that he made comments of a sexual nature to them.  Petitioner’s conduct, while very inappropriate and unprofessional, fell short of the egregiousness that would warrant revocation.  Accordingly, the Court [..] Read More..

Center denied licensure where ownership transferred to avert denial.

Topic: Early Care & Learning, Decided by Judge Teate 
Docket Number: 1458128 , Decision Date: 2014-12-17 
Attachment: Click here to download the decision. 

The Department of Early Care and Learning (DECAL) was authorized to deny an application to operate a child care learning center where the former owner of a center, whose license had been revoked in the wake of multiple rule violations, transferred ownership of the center [..] Read More..

Narcotic Treatment Program’s certification revoked for serious violations of governing law.

Topic: Public Health, Decided by Judge Teate 
Docket Number: 1512293 , Decision Date: 2014-12-30 
Attachment: Click here to download the decision. 

The Department of Community Health (“the Department’) sought to revoke New Serenity’s certification to operate a Narcotics Treatment Program after it discovered nine violations during a site visit, including severe staffing and record-keeping deficits.  Although New Serenity submitted several plans of correction to the Department, [..] Read More..

Applicant’s academic and career achievements support grant of appraiser classification.

Topic: Real Estate, Decided by Judge Teate 
Docket Number: 1510856 , Decision Date: 2014-10-21 
Attachment: Click here to download the decision. 

Petitioner applied for appraiser classification approximately twelve years after his appraiser classification was revoked for failure to comply with a Consent Order.  The Georgia Real Estate Appraiser Board denied the application based upon the revocation as well as Petitioner’s conviction for misdemeanor theft in 1992, [..] Read More..

Inclusion of Income of student’s parents resulted in reduction, not termination, of benefits.

Topic: Vocational Rehabilitation, Decided by Judge Teate 
Docket Number: 1448717 , Decision Date: 2014-10-08 
Attachment: Click here to download the decision. 

The Georgia Vocational Rehabilitation Agency (GVRA) sought to discontinue college tuition payments that Petitioner received through the Vocational Rehabilitation program after program requirements were changed to include the income of recipients’ parents in the calculation of benefit amounts.  While GVRA was entitled to reduce tuition [..] Read More..

Insufficient evidence to support dismissal of classified employee.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1501736 , Decision Date: 2014-10-08 
Attachment: Click here to download the decision. 

Petitioner, a classified employee, appealed her dismissal by her employer.  The conclusory testimony of the employer’s HR Director to the effect that Petitioner had committed violations of Pathways and the Department of Behavioral Health and Developmental Disabilities policies, uncorroborated by documentary evidence, was insufficient to [..] Read More..

Real estate salesperson’s license revoked for violations of state law.

Topic: Real Estate, Decided by Judge Teate 
Docket Number: 1504621 , Decision Date: 2014-10-10 
Attachment: Click here to download the decision. 

The Georgia Real Estate Commission was authorized to revoke the license of Petitioner, a real estate salesperson, after she conducted real estate transactions through her own unlicensed company, failed to deliver transaction documents to her broker, mishandled the money of her principals, received consideration from [..] Read More..

Department of Insurance properly exercised its discretion in denying the application of a woman previously caught cheating on an exam.

Topic: Insurance, Decided by Judge Teate 
Docket Number: 1456934 , Decision Date: 2014-08-19 
Attachment: Click here to download the decision. 

Petitioner was caught cheating during the examination component of a Resident Agent License Application. She failed the exam, but the company administering the exam reported the incident to the Georgia Department of Insurance (“DOI”).  After Petitioner took the exam again and passed, the DOI refused [..] Read More..

Suspension without pay for pending misdemeanor charge did not comply with State Personnel Board Rules.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1459125 , Decision Date: 2014-08-13 
Attachment: Click here to download the decision. 

Petitioner, a classified employee, was suspended without pay after he was arrested and charged with simple assault.  The suspension was not in compliance with State Personnel Board rules absent evidence that the pending criminal charge was a crime of moral turpitude or that it would [..] Read More..

Denial of reinstatement on Wrecker Rotation List reasonable.

Topic: Wrecker Services, Decided by Judge Teate 
Docket Number: ***** , Decision Date: 2014-05-09 
Attachment: Click here to download the decision. 

The Department of Public Safety (DPS) properly exercised its discretion in denying Petitioner, a wrecker service, from reinstatement on the Wrecker Rotation List for the Georgia State Patrol.  Petitioner, in applying for reinstatement, did not provide persuasive evidence of compliance with state laws.  Although the [..] Read More..

Failure to file necessary pleading results in default order and dismissal of appeal.

Topic: Procedure, Decided by Judge Teate 
Docket Number: 1438415 , Decision Date: 2014-05-06 
Attachment: Click here to download the decision. 

Petitioner was found to be in default for failure to file an answer within thirty days of the date a hearing notice was sent by certified mail to her home address.  Petitioner was sent two notices—the second after she refused service of the first. However, [..] Read More..

Food stamp recipient administratively disqualified and required to return overpayment.

Topic: Public Assistance, Decided by Judge Teate 
Docket Number: ***** , Decision Date: 2014-05-13 
Attachment: Click here to download the decision. 

A food stamp recipient was found to have committed food stamp fraud by failing to report her husband on her food stamp application.  The clear and convincing evidence, which included evidence that her husband held himself out as living at that address and that she [..] Read More..

GBI’s decision to issue written reprimand upheld.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1439989 , Decision Date: 2014-04-24 
Attachment: Click here to download the decision. 

Petitioner, a classified employee of the Georgia Bureau of Investigation (GBI), grieved the GBI’s decision to issue a written reprimand for his “lack of good judgment,” relating to the his failure to notify the chain of command about a reported sexual assault. The written reprimand was [..] Read More..

Officer must read implied consent notice or tender card into the record.

Topic: DUI, Decided by Judge Teate 
Docket Number: 1426241 , Decision Date: 2014-03-11 
Attachment: Click here to download the decision. 

Petitioner contested the suspension of his driver’s license following a DUI arrest.  At the hearing, while the arresting officer testified that he read the implied consent notice to the Petitioner, he did not read the implied consent notice card into the record, nor did he tender [..] Read More..

Creating risk of aspiration constitutes neglect for purposes of placement on the Nurse Aide Registry.

Topic: Nurse Aide Registry, Decided by Judge Teate 
Docket Number: 1433322 , Decision Date: 2014-03-12 
Attachment: Click here to download the decision. 

Petitioner’s name was properly placed on the Nurse Aide Registry for neglecting a resident after Petitioner, in response to a resident’s yelling, repeatedly poured water directly into a resident’s open mouth while the resident was lying flat on his back in bed. Petitioner’s actions constituted [..] Read More..

Child Support Services appropriately seized bonus pay from child support obligor.

Topic: Child Support, Decided by Judge Teate 
Docket Number: 1424847 , Decision Date: 2014-02-14 
Attachment: Click here to download the decision. 

The Division of Child Support Services (CSS) of the Department of Human Services acted within its authority when it seized bonus pay from a delinquent child support obligor. At the time of the lien notice Petitioner’s arrears totaled approximately $47,148.96. In response to the lien, [..] Read More..

Leaving child unattended justified revocation of Family Day Care Home permit.

Topic: Early Care & Learning, Decided by Judge Teate 
Docket Number: ***** , Decision Date: 2014-02-14 
Attachment: Click here to download the decision. 

Bright from the Start revoked Petitioner’s license to operate a Family Day Care Home after a determination that the facility had committed medium-risk and high-risk violations of applicable rules.  The high risk violation occurred when a child was left unattended at the facility for more [..] Read More..

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