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Receipt of Emergency Medicaid requires proof of Georgia residency.

Topic: Medicaid Eligibility, Decided by Judge Baxter 
Docket Number: ******* , Decision Date: 2016-06-08 
Attachment: Click here to download the decision. 

A citizen of Belize who was flown into Georgia to receive treatment after a butane tank explosion in Belize was not entitled to Emergency Medicaid because he did not establish Georgia residency.

Judge ruled on value of conservation easement for tax credit purposes.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1635204 , Decision Date: 2017-07-11 
Attachment: Click here to download the decision. 

The Department of Natural Resources’ (DNR) certification of a $67,500 tax credit for Petitioner River Refuge, LLC’s donation of a conservation easement was supported by a preponderance of the evidence.  DNR based the amount of the tax credit on an appraisal completed by the State [..] Read More..

Federal court upholds OSAH judge’s decision that a school district’s evaluation did not fulfill IDEA requirements.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: 1419673 , Decision Date: 2014-06-03 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Parents of a special needs child obtained an independent functional assessment after they determined that the school district’s evaluation was inappropriate.  After the parents sought reimbursement for the evaluation, the school district appealed, arguing that its assessment was appropriate.  Judge Baxter granted the parents’ request [..] Read More..

Emission Inspector Certificate revoked for violations of the Emissions Inspection and Maintenance Act.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1542992 , Decision Date: 2015-06-15 
Attachment: Click here to download the decision. 

Petitioner, a certified emission inspector, issued passing emission certificates to forty-four vehicles, despite never having tested the vehicles’ gas caps.  He also issued passing emission certificates to three vehicles that were never tested using a fraudulent practice called “clean scanning,” whereby a surrogate vehicle is [..] Read More..

Dam reclassification from Category II to Category I upheld.

Topic: Dam Safety, Decided by Judge Baxter 
Docket Number: 1548520 , Decision Date: 2015-06-15 
Attachment: Click here to download the decision. 

In compliance with the Georgia Safe Dams Act, the Georgia Department of Natural Resources reclassified the Lakes at Ansley Dam as a Category I dam because improper operation or dam failure would flood a residence with 1.5 feet of water, causing a probable loss of [..] Read More..

Former county commissioner’s retirement benefits reduced for public employment related crime.

Topic: Employment, Decided by Judge Baxter 
Docket Number: 1542632 , Decision Date: 2015-05-14 
Attachment: Click here to download the decision. 

A former county commissioner‘s retirement benefits were reduced after pleading guilty to accepting a bribe and violating his oath of office.  Pursuant to Georgia law, the former commissioner’s benefits were reduced by an amount to three times the economic impact of his abuse of governmental [..] Read More..

Agency waived deadline for requesting administrative review through course of conduct.

Topic: Health Law, Decided by Judge Baxter 
Docket Number: 1508817 , Decision Date: 2015-04-07 
Attachment: Click here to download the decision. 

The Department of Community Health (“the Department”) instructed multiple Medicaid providers to contact a representative of Hewlett Packard (“HP”), its agent, after notifying them that it would seek recoupment of alleged overpayments attributable to errors in its claims processing system.  The providers were not notified [..] Read More..

Teaching certificate suspended 60 days for requesting changes to daughter’s transcript.

Topic: Educators, Decided by Judge Baxter 
Docket Number: 1458939 , Decision Date: 2015-03-13 
Attachment: Click here to download the decision. 

Petitioner, a former superintendent, violated the Code of Ethics for Educators when she requested that her daughter’s transcript be altered to show credit for a course she had not taken and allowed the school district to report her daughter as a dual-enrollment student for state [..] Read More..

Evidence insufficient to establish a daycare provider caused an infant’s death.

Topic: Early Care & Learning, Decided by Judge Baxter 
Docket Number: 1512274 , Decision Date: 2015-03-19 
Attachment: Click here to download the decision. 

Petitioner, a Child Care Learning Center, retained its certificate to operate its facility—so long as it no longer operates an infant room—after the judge found insufficient evidence to establish the Petitioner’s admitted rule violations resulted in an infant’s death.

Out-of-state suspension of hunting license recognized in Georgia pursuant to interstate compact.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1457706 , Decision Date: 2014-11-04 
Attachment: Click here to download the decision. 

The State of Florida suspended Petitioner’s hunting, fishing, and trapping privileges.  Both Georgia and Florida are members of the Interstate Wildlife Violator Compact (the Compact).  Because member states are required by the Compact to treat a suspension “as if it had occurred in their state,” [..] Read More..

Educator’s criminal convictions warrant three-year suspension, but not revocation, of teaching certificate.

Topic: Educators, Decided by Judge Baxter 
Docket Number: 1509619 , Decision Date: 2014-11-17 
Attachment: Click here to download the decision. 

Petitioner, an educator, pled guilty to possession of cocaine, a felony, as well as three misdemeanor convictions, and was sentenced to probation.   In light of Petitioner’s criminal convictions, the Professional Standards Commission recommended revocation of her teaching certificate.  However, the Court found that the Commission’s [..] Read More..

Vendor disqualified from the WIC Program for three years for multiple program violations.

Topic: Public Health, Decided by Judge Baxter 
Docket Number: 1514909 , Decision Date: 2014-12-12 
Attachment: Click here to download the decision. 

The Department of Public Health sought to disqualify Petitioner, a vendor, from the Georgia Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) for program violations discovered during an audit.  Specifically, the vendor redeemed WIC vouchers in amounts that were not supported by its [..] Read More..

Licensee fined for repeated failure to respond to investigator inquiries.

Topic: Insurance, Decided by Judge Baxter 
Docket Number: 1505759 , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

The Department of Insurance sent several letters to Petitioner, a licensed Resident Agent, regarding allegations of certain business practices.  After Petitioner failed to respond to any of the Department’s letters, it commenced suspension proceedings, whereupon Petitioner finally responded to the allegations.  Although the Department took [..] Read More..

Educator’s license revoked for attempting to have inappropriate relationship with student.

Topic: Educators, Decided by Judge Baxter 
Docket Number: 1501143 , Decision Date: 2014-09-25 
Attachment: Click here to download the decision. 

Petitioner, a high school assistant principal, band director, and varsity wrestling coach, committed serious breaches of the Code of Ethics for Educators by making comments of a sexual nature to a student, sending the student inappropriate texts, and attempting to kiss her. Petitioner’s violations warranted [..] Read More..

Application filed less than one year after license revocation must be denied.

Topic: Early Care & Learning, Decided by Judge Baxter 
Docket Number: 1455802 , Decision Date: 2014-08-12 
Attachment: Click here to download the decision. 

The Department of Early Care and Learning’s (DECAL’s) revocation of Petitioner’s license to operate a child care learning center (CCLC) was affirmed after Petitioner filed an unconditional withdrawal of her hearing request.  DECAL was thereafter required by its rules to deny Petitioner’s subsequent application to [..] Read More..

Misinformed non-citizen voter did not violate election laws.

Topic: Elections, Decided by Judge Baxter 
Docket Number: 1103797 , Decision Date: 2010-11-16 
Attachment: Click here to download the decision. 

Respondent, a permanent resident, but not a citizen of the United States, did not violate election laws by registering to vote and voting in a primary election because he was unaware that he lacked the qualifications to register or vote, relied on the erroneous statements [..] Read More..

Implied consent notice for deaf drivers must be conveyed by interpreter or in writing.

Topic: DUI, Decided by Judge Baxter 
Docket Number: 1016048 , Decision Date: 2010-01-12 
Attachment: Click here to download the decision. 

Where a hearing impaired individual is stopped for driving under the influence (DUI), the arresting officer must arrange for the implied consent warning to be conveyed by a qualified interpreter or in writing.  As the arresting officer failed to provide the implied consent notice in [..] Read More..

May incur DUI for driving on private property.

Topic: DUI, Decided by Judge Baxter 
Docket Number: 1020963 , Decision Date: 2010-03-05 
Attachment: Click here to download the decision. 

A driver who was operating his vehicle in his backyard while under the influence of alcohol was lawfully placed under arrest for driving under the influence.

School district ordered to reimburse the cost of behavior evaluations.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2014-06-03 
Attachment: Click here to download the decision. 

A school district’s Functional Behavioral Assessment (FBA) was deemed inappropriate because the data collection did not provide reliable conclusions as to the functions of the Petitioner’s serious and problematic behaviors. Additionally, the school district erred in failing to perform a Functional Analysis (FA), which was [..] Read More..

Ambiguity in Food Stamp Manual regarding whether owner of LLC must report all business income as personal income.

Topic: Public Assistance, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2014-04-16 
Attachment: Click here to download the decision. 

The Office of Inspector General (OIS) sought to administratively disqualify Respondent, a food stamp recipient, for committing two intentional program violations and to recoup an overissuance of $33,693.00 for the period of January 2009 through December 2012.  The first allegation is that Respondent committed an [..] Read More..

Plaintiff’s IDEA claims dismissed where insufficient evidence presented to demonstrate that school district failed to provide Free and Appropriate Public Education.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: XXXXXXX , Decision Date: 2014-02-25 
Attachment: Click here to download the decision. 

Plaintiff, a child receiving special education services under the Individuals with Disabilities Education Improvement Act (IDEA), failed to demonstrate that Defendant, a school district, denied him a Free and Appropriate Public Education (FAPE) in the least restrictive environment by providing math classes in a collaborative [..] Read More..

Special diet does not justify in-home placement of special education child.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2010-11-18 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The Eleventh Circuit Court of Appeals affirmed the District Court of the Northern District of Georgia, which had upheld Judge Amanda Baxter’s determination that Plaintiff, a student, was not denied a free appropriate public education (FAPE).  Plaintiff’s parents challenged her educational placement in a severe [..] Read More..

Enrollment in a private school with the Georgia Special Needs Scholarship Program constitutes parental refusal of IDEA services.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2013-12-04 
Attachment: Click here to download the decision. 

When Defendant’s parents enrolled him in a private school in Fulton County with the use of a Special Needs Scholarship, they waived their right to services under the Individuals with Disabilities Education Act (IDEA), including a right to an independent educational evaluation (IEE) at public [..] Read More..

No violation of FAPE for failure to maintain samples of all classwork.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2013-10-31 
Attachment: Click here to download the decision. 

The school district did not deny Plaintiff, a special education student, with a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA).  First, while parents have the right to inspect and review all of their child’s educational records under the IDEA, [..] Read More..

Location of student’s IEP does not violate right to FAPE.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2013-11-21 
Attachment: Click here to download the decision. 

The School District did not violate Plaintiff’s right to a free appropriate public education (FAPE) when his individualized education program (IEP) placed him in a high school based on residency rather than at his preferred location. A parent is not entitled to dictate the location [..] Read More..

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