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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..

Formal rulemaking unnecessary because new rule complied with federal law.

Topic: Vocational Rehabilitation, Decided by Judge Teate 
Docket Number: ***** , Decision Date: 2014-01-15 
Attachment: Click here to download the decision. 

The Georgia Vocational Rehabilitation Agency (GVRA) correctly determined that Petitioner, a student, no longer met the financial need criteria for GVRA financial assistance due to a change in policy.  The charge in policy complied with federal law and was not required to be promulgated through [..] Read More..

Classified employee suspended for work absence, tardiness, and non-adherence to communication policies.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1418652 , Decision Date: 2013-12-20 
Attachment: Click here to download the decision. 

Petitioner, a classified employee, was appropriately suspended without pay for one week due to her failure to report to work, her consistent lateness to monthly meetings, and her poor adherence to communication policies.  In addition, Petitioner’s employment history and failure to improve even after corrective [..] Read More..

Negligence, insubordination, and misconduct warrant dismissal of corrections officer in penal setting.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1408949 , Decision Date: 2013-11-18 
Attachment: Click here to download the decision. 

Dismissal of a Department of Corrections (DOC) officer for negligence in performing duties, insubordination, and misconduct was affirmed.   Dismissal was justified as an appropriate sanction after the corrections officer (1) failed to maintain accountability roster of inmates in her unit, in compliance with DOC’s Standard [..] Read More..

Petitioner’s non-compliance with permit warranted static scale reading and subsequent fine for exceeding single-axle weight limit.

Topic: Overweight Trucks, Decided by Judge Teate 
Docket Number: 1405544 , Decision Date: 2013-09-25 
Attachment: Click here to download the decision. 

The Department of Public Safety correctly assessed a fine against a transport company where its vehicle exceeded the single-axle limit by over a thousand pounds. Because Petitioner’s driver was operating on a route not authorized by its single-trip permit, the weigh station inspector could elect [..] Read More..

Store disqualified from participation in WIC for multiple program violations.

Topic: Public Health, Decided by Judge Teate 
Docket Number: 1339978 , Decision Date: 2013-08-06 
Attachment: Click here to download the decision. 

A store was disqualified from participating in the Women, Infants, and Children (WIC) Program for three years as a result of multiple violations of WIC rules, including redeeming food for an amount exceeding the purchase price and for permitting purchases of non-WIC eligible items with [..] Read More..

Reimbursement of Child and Adult Care Food Program funds for non-compliance.

Topic: Early Care & Learning, Decided by Judge Teate 
Docket Number: 1344110 , Decision Date: 2013-07-18 
Attachment: Click here to download the decision. 

America’s Second Harvests of Coastal Georgia (ASHCG), a participating food service provider in the Child and Adult Care Food Program (CACFP), was required to reimburse the Department of Early Care and Learning (DECAL) for labor costs and insurance premiums. Reimbursement was appropriate in relation to labor costs because [..] Read More..

Subjective discomfort does not constitute willful abuse.

Topic: Nurse Aide Registry, Decided by Judge Teate 
Docket Number: 1337177 , Decision Date: 2013-07-01 
Attachment: Click here to download the decision. 

In the absence of evidence of willfulness, the State was not permitted to include a nurse’s name on the Georgia Nurse Aide Registry for two allegations of sexual and mental abuse.  Regarding the first allegation, the Department investigation only showed that the resident was uncomfortable [..] Read More..

GAPP Medically Fragile Daycare not appropriate in light of surgical correction and absence of skilled care needs.

Topic: Health Law, Decided by Judge Teate 
Docket Number: ******* , Decision Date: 2013-06-14 
Attachment: Click here to download the decision. 

Petitioner, an applicant for Medically Fragile Daycare services within the Georgia Pediatric Program, was appropriately denied entry into the program.  First, her heart condition had been corrected by surgery.  Second, her requested services (medication administration, G-tube feedings, and vital sign monitoring) could be competently performed [..] Read More..

Real estate brokers reprimanded and fined for failure to use correct name and license number.

Topic: Real Estate, Decided by Judge Teate 
Docket Number: 1333088 , Decision Date: 2013-05-29 
Attachment: Click here to download the decision. 

Respondents are Mr. Voss, a real estate broker, and Lakeshore Estate Marketing and Services (“Lakeshore”), a real estate broker firm.  The Georgia Real Estate Commission sought to sanction both for actions by Voss, acting as an agent for Lakeshore, in (1) using the name “Lakeshore [..] Read More..

Self-employment rehabilitation services unavailable for pre-existing businesses.

Topic: Vocational Rehabilitation, Decided by Judge Teate 
Docket Number: ******* , Decision Date: 2013-06-28 
Attachment: Click here to download the decision. 

Judge upheld the Georgia Vocational Rehabilitation Agency’s (“GVRA”) decision to deny Petitioner services to enable her to open a business and thereby become self-employed.  The decision was based on a finding that Petitioner had established the business approximately two years prior to the GVRA’s review [..] Read More..

Nurse aide did not willfully abuse nursing home resident.

Topic: Health Law, Decided by Judge Teate 
Docket Number: 1331399 , Decision Date: 2013-04-19 
Attachment: Click here to download the decision. 

Judge determined that Petitioner, a nurse aide, did not willfully abuse an elderly patient. The now-deceased patient suffered from dementia and was known to have made unsubstantiated allegations of abuse in the past. The sole witness was not reliable. While the nursing home resident may [..] Read More..

Judge affirms recoupment after audit reveals several infractions.

Topic: Health Law, Decided by Judge Teate 
Docket Number: 1303659 , Decision Date: 2012-10-26 
Attachment: Click here to download the decision. 

Petitioner appealed the Agency’s notice of recoupment of sums totaling $20,560. The Agency conducted an onsite audit of Petitioner’s records. The audit revealed (1) Petitioner did not conduct supervisory visits as required; (2) the nurse did not sign the activity participation record as required; (3) [..] Read More..

Judge affirms the termination of a Georgia Department of Transportation employee accused of sexual harassment and other policy violations.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1323999 , Decision Date: 2013-01-28 
Attachment: Click here to download the decision. 

Petitioner appealed Respondent’s decision to terminate his position as a classified employee. Respondent terminated Petitioner when a female coworker observed him viewing pornographic images in the workplace. Network security personnel traced Petitioner’s deleted browser history and discovered 25 visits to pornography sites. The GDOT Employee [..] Read More..

Judge affirms the Dekalb County Board of Health’s decision to terminate a nurse for insubordination and violation of attendance rules.

Topic: Employment, Decided by Judge Teate 
Docket Number: 1125875 , Decision Date: 2012-11-26 
Attachment: Click here to download the decision. 

Petitioner appealed the Dekalb County Board of Health’s decision to terminate her from her position as Public Health Nurse. Respondent terminated Petitioner due to insubordination, lack of professionalism, inefficiency in performing assigned duties, and violation of attendance rules. Respondent presented witnesses and documents proving that [..] Read More..

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