Facility not entitled to hearing to contest plan of correction.

Topic: Procedure, Decided by Judge Walker 
Docket Number: 1701961 , Decision Date: 2016-09-27 
Attachment: Click here to download the decision. 

The Department of Community Health was required to provide notice and an opportunity for a hearing prior to only certain administrative actions specified by statute.  Therefore, as requiring a facility to submit a plan of correction was not among the administrative actions for which prior [..] 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 
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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..

Licensee not in default where service of hearing notice not perfected.

Topic: Procedure, Decided by Judge Walker 
Docket Number: 1642577 , Decision Date: 2016-06-20 
Attachment: Click here to download the decision. 

The Court declined to enter a default order for a licensee’s failure to appear at the hearing where service of the Notice of Hearing by certified mail was unsuccessful and the Georgia Board of Nursing did not demonstrate that it attempted personal service, sought to [..] Read More..

Testimony consisting of witnesses’ interpretation of statutory provision improper and irrelevant.

Topic: Procedure, Decided by Judge Malihi 
Docket Number: 1512455 , Decision Date: 2015-02-20 
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After exchanging witness lists, the parties filed various motions seeking to exclude the testimony of various witnesses at the evidentiary hearing, citing evidentiary law governing relevance and expert and lay witness testimony.  In response, the Court issued an order outlining the general rules that would [..] Read More..

Failure to appear resulted in case dismissal.

Topic: Procedure, Decided by Judge Howells 
Docket Number: 1505029  , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

Petitioner waived or abandoned her right to contest the proposed sanction to her teaching certificate when she failed to file a required pleading, failed to appear at the hearing, and failed to participate in the proceeding.  Accordingly, the matter was dismissed.

Failure to file necessary pleading results in default order and dismissal of appeal.

Topic: Procedure, Decided by Judge Teate 
Docket Number: 1438415 , Decision Date: 2014-05-06 
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Petitioner was found to be in default for failure to file an answer within thirty days of the date a hearing notice was sent by certified mail to her home address.  Petitioner was sent two notices—the second after she refused service of the first. However, [..] Read More..

Request for reconsideration denied.

Topic: Procedure, Decided by Judge Oakley 
Docket Number: 1428722 , Decision Date: 2014-03-20 
Attachment: Click here to download the decision. 

Petitioner’s request for reconsideration of an ALJ’s final decision was denied because the Petitioner filed the request more than 10 days after entry of the final decision and Petitioner did not proffer any intervening development, change in controlling law, or any grounds to support the [..] Read More..