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Permit for Sea Island’s groin project did not violate Shore Protection Act.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1630908 , Decision Date: 2016-08-26 
Attachment: Click here to download the decision. 

The Shore Protection Committee issued a permit to Sea Island Acquisition, LLC, for the construction and maintenance of a rock groin near the southern end of Sea Island in Glynn County.  The new groin would be accompanied by beach nourishment and dune construction.  Petitioners—consisting of [..] Read More..

Medicaid-ineligible spouse must be included to determine income limit for Medicare Savings Programs.

Topic: Health Law, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-07-27 
Attachment: Click here to download the decision. 

Pursuant to its policy manual, the Division of Family and Children Services determined the income limit for Q-track Medicaid programs according to the federal poverty level for an individual where the applicant had a Medicaid-ineligible spouse.  This policy contradicted the plain language of the Medicaid [..] Read More..

Allegations not included in Statement of Matters Asserted cannot serve as a basis for sanction.

Topic: Professional Licensing, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-07-21 
Attachment: Click here to download the decision. 

The Georgia Board of Nursing was authorized to impose a sanction against a licensee due to her violation of a consent order wherein she agreed to abstain from alcohol and controlled substances, attend aftercare treatment, and ensure that the Board received quarterly aftercare reports.  However, [..] Read More..

Resource level required for spouse to live in community must be determined using reasonable method.

Topic: Public Health, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-08-18 
Attachment: Click here to download the decision. 

A nursing home resident and his spouse, who resided in the community, were denied Nursing Home Medicaid because their combined resources exceeded program limits.  Federal law allowed for redetermination of the resource limit where it was necessary to allow the community spouse to generate sufficient [..] Read More..

Agency’s adverse action letter failed to comport with standards of due process.

Topic: Procedure, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-08-03 
Attachment: Click here to download the decision. 

The Department of Community Health’s letter denying the Petitioner’s request for an increase in occupational therapy was “so lacking in grammar and syntax that it [was] largely incomprehensible,” and thus denied the Petitioner the adequate notice required under Georgia law and the principles of due [..] Read More..

TANF applicant entitled to conciliation following first material violation.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-05-31 
Attachment: Click here to download the decision. 

A TANF applicant’s failure to attend a meeting due to her mistake in recording the date and time of the appointment constituted a material violation of program rules.  However, as the applicant’s failure to keep the appointment was the first material violation she had committed, [..] Read More..

Acceptance of partial payment insufficient to show alteration of Admission Agreement.

Topic: Health Law, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-06-06 
Attachment: Click here to download the decision. 

The fact that the owner of a personal care home accepted partial payments from a resident did not alter the terms of the Admission Agreement where the resident assured the owner he would make up for the difference in payment at a later date.  Therefore, [..] Read More..

Lack of utilities in candidate’s purported home refutes residence claim.

Topic: Elections, Decided by Judge Miller 
Docket Number: 1638942 , Decision Date: 2016-04-20 
Attachment: Click here to download the decision. 

A candidate for the Georgia legislature failed to establish that he met residency requirements in the district for which he sought office where his purported home in the district was without water service during the time he claimed to have resided there.  Further, the candidate’s [..] Read More..

School district ordered to hire consultant to develop, oversee child’s educational program.

Topic: Special Education, Decided by Judge Miller 
Docket Number: 1600119 , Decision Date: 2016-01-05 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Petitioner, an autistic child receiving special education services, was not offered a free appropriate public education (FAPE), as guaranteed under the Individuals with Disabilities Education Improvement Act (IDEA).  First, the school district’s staff improperly relied upon the results of invalid functional behavioral assessments, failed to [..] Read More..

Evasive, unreliable testimony regarding criminal record insufficient to establish mitigation.

Topic: Health Law, Decided by Judge Miller 
Docket Number: 1616599 , Decision Date: 2015-11-04 
Attachment: Click here to download the decision. 

The Department of Community Health denied an application for authorization to work at a personal care home due to two felony convictions.  Although the applicant initially testified that she had since been involved in no criminal activity, she admitted during cross-examination that charges of financial [..] Read More..

Parolee qualified to work at personal care facility due to mitigating factors.

Topic: Health Law, Decided by Judge Miller 
Docket Number: 1616603 , Decision Date: 2015-11-03 
Attachment: Click here to download the decision. 

An applicant was denied authorization to work in a personal care home owing to her conviction for three non-violent felony offenses in 2009.  At the time she sought authorization, the applicant was on parole and had yet to complete the terms of her sentence.  However, [..] Read More..

Vendor terminated for failure to meet minimum square footage requirement.

Topic: Public Health, Decided by Judge Miller 
Docket Number: 1561610 , Decision Date: 2015-10-02 
Attachment: Click here to download the decision. 

The Georgia WIC Program requires vendors to maintain 3,000 square feet of continuous retail food sales space open to the public, including administrative and storage space. The store at issue only contained 2,138 square feet of continuous retail food sales space, including administrative and storage [..] Read More..

DFCS must make eligibility determination when SSA’s 90-day period elapses.

Topic: Medicaid Eligibility, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2015-10-26 
Attachment: Click here to download the decision. 

When a Medicaid applicant applies for Supplemental Security Income through the Social Security Administration (SSA), DFCS generally does not make an independent determination of blindness or disability. Instead, SSA makes the eligibility determination. Under federal regulations, however, if an applicant has applied for both Medicaid [..] Read More..

Driver failed to demonstrate proper rescission of refusal to take test.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1604812 , Decision Date: 2015-09-15 
Attachment: Click here to download the decision. 

The driver did not meet his burden of showing he properly rescinded his initial refusal to take the state-administered chemical test.  Specifically, the driver did not rebut the corporal’s testimony that honoring the driver’s request was unreasonable because the corporal had other calls for service. [..] Read More..

State failed to prove that principal directed faculty to assist students during CRCT.

Topic: Educators, Decided by Judge Miller 
Docket Number: 1547238 , Decision Date: 2015-07-02 
Attachment: Click here to download the decision. 

A principal of an elementary school in the Atlanta Public School system was accused of violating the Code of Ethics for Educators by allegedly instructing faculty to point out correct answers to students during administration of the Criterion-Referenced Competency Test.  However, the Court found that [..] Read More..

Decision to issue land application system permit upheld.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1525822 , Decision Date: 2015-05-26 
Attachment: Click here to download the decision. 

The Georgia Department of Natural Resources issued a permit to the City of Guyton to construct a land application system (LAS), which applies treated wastewater to land via irrigation system. The Petitioner, an adjacent land owner, argued surface water and groundwater from the LAS site [..] Read More..

Civil penalty reduced to $20 based on mitigating circumstances.

Topic: Tollway, Decided by Judge Miller 
Docket Number: 1508806 , Decision Date: 2015-02-02 
Attachment: Click here to download the decision. 

Respondent failed to pay the Georgia 400 toll fee on 21 occasions as a result of his failure to register his new vehicle’s license plate number with his Peach Pass account. The $70 civil penalty per violation was reduced to $20 per violation because Respondent [..] Read More..

Civil penalty waived based on several mitigating circumstances.

Topic: Tollway, Decided by Judge Miller 
Docket Number: 1512405 , Decision Date: 2015-02-02 
Attachment: Click here to download the decision. 

Respondent failed to pay the Georgia 400 toll fee on 177 separate occasions due to her failure to update her address, register her new license plate, and ensure that a balance remained on her Peach Pass account. By statute, Respondent must pay for each toll [..] Read More..

Allegations that traffic stop was pretextual unsupported by evidence.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1526352 , Decision Date: 2015-02-25 
Attachment: Click here to download the decision. 

Petitioner challenged the traffic stop precipitating her arrest for DUI, citing purported evidence that the stop was pretextual.  The Court declined to find a pretextual stop because the Petitioner’s evidence was refuted by the arresting officer’s credible testimony, which was corroborated by video evidence, that [..] Read More..

Testamentary devise to trust results in transfer penalty.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2013-07-29 
Attachment: Click here to download the decision. 

Petitioner, a nursing home resident, was ineligible for Medicaid while her husband was alive because the couple’s combined resources exceeded program limits.  When her husband died, all of the couple’s resources were transferred to a trust held for the sole benefit of their daughter per [..] Read More..

Claims barred by statute of limitations absent tolling exception.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-12-02 
Attachment: Click here to download the decision. 

Petitioner, a parent of a special needs child, did not request a due process hearing under the Individuals with Disabilities Education Act (“IDEA”) within two years of the date she knew of the alleged action that formed the basis of her complaint, and did not [..] Read More..

Adoptive parent entitled to adoption assistance benefits denied due to agency error.

Topic: Human Services, Decided by Judge Miller 
Docket Number: 1518237 , Decision Date: 2015-01-14 
Attachment: Click here to download the decision. 

Petitioner, the adoptive parent of two children, was denied adoption assistance benefits because a caseworker failed to submit a timely application on her behalf and, consequently, no adoption assistance agreement was in place prior to finalization of adoption.  The caseworker’s error constituted an extenuating circumstance [..] Read More..

Teaching certificate suspended for failure to make timely report of allegations of child abuse.

Topic: Educators, Decided by Judge Miller 
Docket Number: 1453141 , Decision Date: 2014-09-04 
Attachment: Click here to download the decision. 

As an educator, Petitioner was required by Georgia law to report suspected child abuse to her supervisors “no later than 24 hours from the time there is reasonable cause to believe a child has been abused.”  However, after one of her students described an incident [..] Read More..

Disciplinary action against teaching credential in another state and concealment thereof results in revocation of teaching certificate.

Topic: Educators, Decided by Judge Miller 
Docket Number: 1453140 , Decision Date: 2014-09-02 
Attachment: Click here to download the decision. 

Petitioner did not report his disciplinary history as a California educator—including that he had been placed on administrative leave, that his employer had not renewed his contract, and that his teaching credential had been suspended following allegations of unprofessionalism—on his applications for a Georgia teaching [..] Read More..

Erroneous grant of application does not preclude later disciplinary action.

Topic: Real Estate, Decided by Judge Miller 
Docket Number: 1454067 , Decision Date: 2014-09-23 
Attachment: Click here to download the decision. 

Respondent, a licensed real estate salesperson, was arrested on two felony counts in 2007, and ultimately sentenced to three years of probation.  Although her license was on inactive status at the time of the arrest and sentencing, she was still required to report the guilty [..] Read More..

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