State need not establish that every screening officer at roadblock had sufficient training and experience.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1627741 , Decision Date: 2016-05-31 
Attachment: Click here to download the decision. 

In establishing the validity of a roadblock, the state is required to show that the screening officer who made the determination to administer field sobriety tests had sufficient training to qualify him or her as a screening officer.  Accordingly, where a roadblock was executed by [..] Read More..

Agency’s definition of “moral turpitude” unchanged by case law.

Topic: Professional Licensing, Decided by Judge Brown 
Docket Number: 1624258 , Decision Date: 2016-03-15 
Attachment: Click here to download the decision. 

A Department of Driver Services regulation prohibits recertification of a DUI Program Instructor or Director who has been convicted of a crime of “moral turpitude.”  At the time the regulation was promulgated, Georgia courts held that the phrase encompassed shoplifting, and that a witness could [..] Read More..

Roadblock documentation may be admitted without testimony of supervising officer

Topic: DUI, Decided by Judge Brown 
Docket Number: 1625955 , Decision Date: 2016-02-02 
Attachment: Click here to download the decision. 

The state need not produce the testimony of the supervising officer who implemented an administrative roadblock in order for documentation authorizing the roadblock to be admissible.  Testimony of a trooper who was involved in executing the roadblock at issue was sufficient to lay the foundation [..] Read More..

Review is limited to allegations described in the notification of adverse action.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1615989 , Decision Date: 2016-01-11 
Attachment: Click here to download the decision. 

The principles of due process require that an individual receive meaningful notice of the allegations of misconduct.  Accordingly, where the notification of adverse action indicated that a certified nurse aide’s name would be placed on the nurse aide registry for abuse, the Court would not [..] Read More..

County Nurse Manager dismissed for serious mismanagement of local health department.

Topic: Employment, Decided by Judge Brown 
Docket Number: 1520671 , Decision Date: 2015-04-06 
Attachment: Click here to download the decision. 

Petitioner, a county nurse manager, was demoted and reassigned for training based upon allegations of an employee under her direct supervision, later corroborated by other employees, that she demonstrated a lack of work ethic, competence, and professionalism.  Petitioner was subsequently terminated after the nursing managers [..] Read More..

Reimbursement denied where provider failed to document that inpatient services met program criteria.

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1450910 , Decision Date: 2014-12-23 
Attachment: Click here to download the decision. 

Crisp Regional Hospital, a Medicaid-enrolled provider, did not document the medical necessity of services provided to a patient in its care.  Specifically, the hospital did not write on “utilization review notes” that the patient met “severity of illness or intensity of service” criteria for the [..] Read More..

CNA Supervisor’s removal of a resident from dining room during cleaning was not neglect.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1501921 , Decision Date: 2014-10-24 
Attachment: Click here to download the decision. 

Petitioner’s conduct in removing a wheelchair-bound resident from a room by force during potentially-hazardous cleaning operations did not amount to neglect.  Petitioner exhausted reasonable alternatives before removing the resident and acted out of concern for the resident’s safety.  Accordingly, the Department of Community Health (DCH) [..] Read More..

Recoupment of Medicaid payments only justified by clear violations of policy.

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1420530 , Decision Date: 2014-05-02 
Attachment: Click here to download the decision. 

The Georgia Department of Community Health (DCH) was authorized to recoup payments made to a Medicaid provider for one of three alleged violations.  Specifically, it could recoup payments where the provider did not comply with the Provider Manual’s requirement to include Body Mass Index (BMI) [..] Read More..

Delay in reading of implied consent notice justified by circumstances.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1418678 , Decision Date: 2014-04-03 
Attachment: Click here to download the decision. 

A forty-five minute delay in reading the implied consent notice to Petitioner did not invalidate the subsequent chemical test, because the delay was due to an apparent medical emergency and, thereafter, Petitioner’s disruptive behavior.

Inconsistent and hearsay evidence insufficient to support finding of neglect.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1433320 , Decision Date: 2014-03-31 
Attachment: Click here to download the decision. 

Respondent was not authorized to place a finding of neglect on the Nurse Aide Registry where the evidence giving rise to its proposed action was unsupported by testimony.  Witness accounts of the incident were inconsistent and failed to establish that Petitioner engaged in neglectful conduct.

Delinquent child support obligors tax return offset by child support arrearages.

Topic: Child Support, Decided by Judge Brown 
Docket Number: 1341551 , Decision Date: 2013-10-02 
Attachment: Click here to download the decision. 

Although two children were no longer subject to the original order, any modifications must be made by the superior court that issued the original child support order.

Court of Appeals reinstates Judge’s suspension of a limited driving permit.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1232100 , Decision Date: 2012-06-18 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The Department of Driver Services was permitted to revoke Petitioner’s Limited Driving Permit after he pled nolo contendere to a speeding violation and paid a fine.  Double jeopardy did not bar the suspension because a license suspension is not a conviction or a punishment but [..] Read More..

Daycare closed for failure to adhere to State rules and regulations.

Topic: Early Care & Learning, Decided by Judge Brown 
Docket Number: 1346077 , Decision Date: 2013-07-03 
Attachment: Click here to download the decision. 

Emergency closure of a daycare facility was appropriate in light of a finding that it had violated numerous rules, including: failure to supervise children, obtain adequate medical treatment for an injured child, properly perform vehicle safety checks, and obtain parental permission for a field trip.

No neglect of nursing home resident where nurse complied with training.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1334397 , Decision Date: 2013-06-17 
Attachment: Click here to download the decision. 

Judge Brown reversed the decision of the Department of Community Health (DCH) to list Petitioner in the State Nurse Aide Registry for neglect of a resident.  The evidence demonstrated that Petitioner complied with her training and provided services as necessary to avoid harming the resident.  [..] Read More..

Certificate of motor vehicle title revoked due to failure to comply with public sale requirements.

Topic: Vehicle Title, Decided by Judge Brown 
Docket Number: 1337944 , Decision Date: 2013-06-17 
Attachment: Click here to download the decision. 

The dispossessed owner of a vehicle should be re-issued a certificate of title.  Two subsequent transfers of title were revoked for failure to properly conduct a public sale.  To have been conducted properly, the notice of public abandonment and notice of sale should have been [..] Read More..

Judge finds that nurse did not abuse combative patient.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 0000001 , Decision Date: 2013-03-14 
Attachment: Click here to download the decision. 

Petitioner appeals DCH’s decision to record in Georgia’s Nurse Aide Registry that Petitioner was abusive to a patient after she held a combative patient’s wrists to prevent him from attacking her. The Judge REVERSED the decision because Petitioner’s actions were reasonable under the circumstances.

Assisted living facility retains license but is ordered to pay civil penalty and adhere to license limitations due to twelve violations.

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1233167 , Decision Date: 2013-04-11 
Attachment: Click here to download the decision. 

Judge Brown reversed the decision of the Georgia Department of Community Health to revoke Petitioner’s license to operate an assisted living facility for lack of “imminent” or “substantial” danger to residents. Despite the decision to reverse, however, the judge upheld twelve of the twenty-one alleged [..] Read More..

Judge rules that individuals who are physically capable of completing all daily life activities are ineligible for SOURCE benefits.

Topic: Health Law, Decided by Judge Brown 
Docket Number: 0000000 , Decision Date: 2012-10-30 
Attachment: Click here to download the decision. 

Petitioner, a 32 year old SOURCE recipient appeals the Agency’s termination of her SOURCE benefits.  Petitioner was diagnosed with mental retardation and therefore needed assistance with activities such as bathing and dressing, but was physically capable of completing all activities of daily living. The Agency [..] Read More..