« Previous PageNext Page »

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..

Respondent ordered to remove a sign visible from a state route and on residential property.

Topic: Outdoor Advertising, Decided by Judge Miller 
Docket Number: 1457463 , Decision Date: 2014-08-28 
Attachment: Click here to download the decision. 

Respondent erected a sign visible from and adjacent to State Route 515.  Respondent applied for the necessary permit, but the Department denied the permit because the sign is in a residential area. The Court ordered the Respondent to remove the sign within 120 days and [..] Read More..

Court of Appeals agrees with Judge’s determination that issuance of a buffer variance for lake was improper, reverses two Superior Court rulings.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1308374 , Decision Date: 2013-01-14 
Attachment: Click here to download the decision. 

The Judge ruled in favor of several groups (“River Groups”) challenging a variance granted by the Director of the Environmental Protection Division of the Georgia Department of Natural Resources. The variance allowed Grady County to encroach upon the 25-foot vegetative buffer around state waters required [..] Read More..

Corporation and its officers assessed civil penalties of over one million dollars for violations of the Fair Business Practices Act.

Topic: Consumer Protection, Decided by Judge Miller 
Docket Number: 1456186 , Decision Date: 2014-08-14 
Attachment: Click here to download the decision. 

Bene-Fit Health Products, Inc. (Bene-Fit)—a corporation in the business of selling “magnetic field therapy” products—and its principals were assessed a fine for violations of the Fair Business Practices Act (FBPA).   Bene-Fit and its principals advertised an eight-week delivery time frame with the knowledge that products [..] Read More..

Confrontation at Elections Board Office did not rise to the level of election law violation.

Topic: Elections, Decided by Judge Miller 
Docket Number: 1104233 , Decision Date: 2010-11-16 
Attachment: Click here to download the decision. 

A confrontation at an Elections Board Office instigated by Respondent during early voting did not amount to an election law violation where Respondent did not use or threaten violence and the incident did not materially interfere with the execution of poll officer duties.

Dispute over voter’s refusal to remove campaign pin did not amount to election law violation.

Topic: Elections, Decided by Judge Miller 
Docket Number: 1104232 , Decision Date: 2010-11-16 
Attachment: Click here to download the decision. 

Respondent, a voter, did not violate election laws by causing a disturbance at a polling place over her refusal to remove a pin with a photograph of Barack Obama because she did not use or threaten violence and the incident did not materially interfere with [..] Read More..

Candidate for Georgia House of Representatives established legal residency in appropriate district.

Topic: Elections, Decided by Judge Miller 
Docket Number: 1238691 , Decision Date: 2012-07-09 
Attachment: Click here to download the decision. 

Ms. Carla Roberts, a candidate for the Georgia House of Representatives, established legal residency in the district for which she sought office through evidence that she maintained and furnished a home, paid utilities, received mail, registered her vehicle, and voted there.

Imminent danger to children justifies emergency closure of child care facility.

Topic: Early Care & Learning, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-05-23 
Attachment: Click here to download the decision. 

The Georgia Department of Early Care and Learning properly ordered the emergency closure of a licensed family day care home as a result of the imminent danger posed to children.  Specifically, a child in the facility’s care was admitted to the hospital for an emergency [..] Read More..

Plaintiff’s IDEA complaint deemed insufficient.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2014-04-17 
Attachment: Click here to download the decision. 

The Individuals with Disabilities Education Improvement Act (IDEA) requires that a due process complaint contain a description of the problem relating to a proposed initiation or change in the child’s education, facts relating to the problems, and proposed resolutions. Plaintiff’s complaint was insufficient because the [..] Read More..

Bound by current license until application for an increase is granted.

Topic: Health Law, Decided by Judge Miller 
Docket Number: 1433318 , Decision Date: 2014-05-29 
Attachment: Click here to download the decision. 

The Department of Community Health properly fined a personal care home $25,000 for repeat violations of capacity and level-of-care license and rule violations. The fact that the personal care home had a pending application for an increase in capacity did not justify admitting more residents [..] Read More..

Motion to Dismiss granted for absence of legally cognizable claims under IDEA.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-04-21 
Attachment: Click here to download the decision. 

Judge Miller granted Respondent School District’s Motion to Dismiss Plaintiffs’ original due process complaint for failure to state a claim for which relief may be granted under the Individuals with Disabilities Education Act (IDEA).  In their original Complaint, Plaintiffs (1) objected to the physical location [..] Read More..

Complaint must adhere to pleading requirement to describe nature of educational problem.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-04-29 
Attachment: Click here to download the decision. 

Plaintiffs were required to amend their Individuals with Disabilities Education Act (IDEA) complaint to describe the nature of the educational problem and provide relevant facts, in adherence with pleading requirements intended to achieve fairness by ensuring that the School District receives adequate notice of the [..] Read More..

Knowledge of program requirement necessary for violation to be intentional.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-04-29 
Attachment: Click here to download the decision. 

The Office of Inspector General (OIS) was not authorized to administratively disqualify Respondent from participation in the Temporary Assistance for Needy Families (TANF) program for using her benefits at a liquor store.  While such an expenditure is a violation of the TANF program, OIS failed [..] Read More..

Maintenance of resident files necessary for safety.

Topic: Health Law, Decided by Judge Miller 
Docket Number: 1433337 , Decision Date: 2014-04-16 
Attachment: Click here to download the decision. 

Petitioner, a personal care home, was fined $601 by the Department of Community Health (DCH) for failing to keep resident files for two of its residents.  Petitioner mistakenly believed that residents need not have files if they have lived in the personal care home for [..] Read More..

Adjacent property owner has standing to challenge the issuance of land application system permit.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1420278 , Decision Date: 2014-03-05 
Attachment: Click here to download the decision. 

Petitioner established standing to contest the Georgia Department of Natural Resources’s grant of a land-application-system permit for construction of a wastewater treatment facility on land that was hydrologically connected to Petitioner’s property. Petitioner proved that that he was aggrieved or adversely affected by the permit [..] Read More..

No permit to build marina over marshlands where existing facilities can accommodate need.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1408563 , Decision Date: 2014-02-21 
Attachment: Click here to download the decision. 

Bull River Bluff Properties, LLC, an applicant for a permit to build a marina over state-owned marshlands, did not meet its burden under the Coastal Marshlands Protection Act to show that existing public facilities cannot meet its water-related needs.  As a general rule, a permit [..] Read More..

Individual convicted of prostitution allowed to own and operate childcare learning center.

Topic: Early Care & Learning, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2014-02-17 
Attachment: Click here to download the decision. 

Petitioner sought to own and operate a childcare learning center. The Georgia Department of Early Care and Learning (DECAL) denied Petitioner’s application because she was convicted of prostitution-related misdemeanors between 1982 and 1985. The age of the convictions and the evidence presented at the hearing [..] Read More..

Personal care home fined for serious rule violation.

Topic: Health Law, Decided by Judge Miller 
Docket Number: 1421814 , Decision Date: 2014-02-27 
Attachment: Click here to download the decision. 

The Healthcare Facility Regulation Division of the Department of Community Health (DCH) properly fined a personal care home (PCH) for a rule violation that posed a serious threat to residents. The PCH had exterior doors that required a key to open from the inside and [..] Read More..

Petitioner’s offense does not preclude him from working for child-placing agency where mitigating factors shown.

Topic: Human Services, Decided by Judge Miller 
Docket Number: 1429390 , Decision Date: 2014-02-17 
Attachment: Click here to download the decision. 

Respondent’s action precluding Petitioner’s employment by a licensed child-placing agency reversed where Petitioner’s offense occurred nearly five years ago, involved no physical harm to a victim, and examination of Petitioner’s behavior and employment history since the offense demonstrated that he did not have a propensity [..] Read More..

Occassional skilled needs do not qualify for GAPP.

Topic: Health Law, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2013-11-26 
Attachment: Click here to download the decision. 

Petitioner’s health condition improved to the extent that he no longer required skilled nursing or skilled rehabilitation services on a daily basis.  Because he failed to meet the nursing facility level of care, he no longer qualified  for participation in the Georgia Pediatric Program (GAPP) .

District Court affirms ALJ’s decision on denial of FAPE and reimbursement of half of the cost of private school.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2012-05-25 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Petitioner was not offered a free appropriate public education in the least restrictive environment because his Individualized Education Program (IEP) placed him in a special education classroom, ignoring the fact that he was continuing to make progress in a general education environment.  However, the school [..] Read More..

The Department must prove an intentional program violation.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2013-11-21 
Attachment: Click here to download the decision. 

The Georgia Department of Human Services failed to prove by clear and convincing evidence that Petitioner failed to report her full household income.

Failure to report wife’s income results in food stamp over-issuance.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2013-11-21 
Attachment: Click here to download the decision. 

 The Division of Family and Children Services (DFCS) correctly disqualified Petitioner from participation in Supplemental Nutrition Assistance Program for twelve months after he failed to report his wife’s income.

Food stamp allotment modified due to calculation errors.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2013-11-27 
Attachment: Click here to download the decision. 

  The administrative law judge modified a reduction of Petitioner’s food stamp allotment after Petitioner unintentionally misreported her rent and the Department of Human Services erred in its calculation of medical deductions due to an increase in the Medicare supplement premium.

State must provide respite care where needed and must consider caregiver fatigue.

Topic: Health Law, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2013-11-07 
Attachment: Click here to download the decision. 

Forty hours of skilled nursing services under the Georgia Pediatric Program (GAPP) was found insufficient in amount, duration, and scope to reasonably achieve the purpose of correcting or ameliorating Petitioner’s condition.  Judge Miller rejected both the conclusion of the Department of Community Health (DCH) that [..] Read More..

« Previous PageNext Page »