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Recoupment authorized for provider’s non-compliance with CAPS Program exemption criteria.

Topic: Early Care & Learning, Decided by Judge Oakley 
Docket Number: 1509501 , Decision Date: 2014-10-02 
Attachment: Click here to download the decision. 

Petitioner, a child care provider, was granted exemptions from licensure by the Department of Early Care and Learning for two categories of child care services.  DECAL authorized Petitioner to receive subsidies through the Childcare and Parent Services (CAPS) Program, for providing services that conformed to [..] 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..

Insufficient credible evidence to support finding of unethical behavior by school principal.

Topic: Educators, Decided by Judge Oakley 
Docket Number: 1417810 , Decision Date: 2014-02-05 
Attachment: Click here to download the decision. 

Revocation of Petitioner’s teaching certificate was reversed.  Petitioner, a school principal during the 2008-2009 school year, was alleged to have encouraged test proctors for the Criterion Referenced Competency Test (CRCT) to prompt students to change wrong answers.  While an analysis of test answers indicated that [..] Read More..

Loss of teaching certificate justified by criminal convictions.

Topic: Educators, Decided by Judge Oakley 
Docket Number: 1428722 , Decision Date: 2014-02-14 
Attachment: Click here to download the decision. 

Petitioner’s teaching certificate was revoked after he was convicted of felony possession of cocaine and misdemeanor possession of marijuana.  His actions violated Standards One and Ten of the Code of Ethics for Educators, which require teachers to abide by state laws and demonstrate conduct that [..] Read More..

Cannot deny food stamp benefits when recipient unable to comply with renewal interview.

Topic: Public Assistance, Decided by Judge Oakley 
Docket Number: ***** , Decision Date: 2014-01-24 
Attachment: Click here to download the decision. 

In the absence of refusal to comply with the renewal process, the Division of Family and Children Services (DFCS) could not disqualify Petitioner from food stamp participation for merely failing to complete the interview portion of the renewal application process.  Petitioner never received the scheduled [..] Read More..

Real Property Appraiser license revoked for negligence and incompetence in appraising property value.

Topic: Real Estate, Decided by Judge Oakley 
Docket Number: 1418433 , Decision Date: 2014-01-09 
Attachment: Click here to download the decision. 

Respondent’s State Certified Residential Real Property Appraiser license was appropriately revoked after he conducted a property appraisal that contained numerous inconsistencies, errors, and omissions of required information.  The failure to employ the techniques necessary to produce an accurate and credible appraisal resulted in the valuation [..] Read More..

Petitioner denied insurance license based on crimes of moral turpitude.

Topic: Professional Licensing, Decided by Judge Oakley 
Docket Number: 1412456 , Decision Date: 2013-11-25 
Attachment: Click here to download the decision. 

The Georgia Department of Insurance was authorized to refuse the issuance of a resident insurance license to an individual who pled guilty to statutory rape and child molestation ten years prior to submitting his application.

Criminal activity resulted in reprimand of teaching certificate.

Topic: Educators, Decided by Judge Oakley 
Docket Number: ***** , Decision Date: 2013-12-23 
Attachment: Click here to download the decision. 

The Professional Standards Commission (PSC) issued Petitioner a teaching certificate, while also reprimanding him.  The reprimand was the result of Petitioner’s 2008 guilty plea to eight counts of felony Financial Transaction Card Fraud under the First Offender Act.  Although Petitioner successfully completed his period of [..] Read More..

Petitioner denied insurance license based on lack of trustworthiness and dishonest practices.

Topic: Professional Licensing, Decided by Judge Oakley 
Docket Number: 1415046 , Decision Date: 2013-11-25 
Attachment: Click here to download the decision. 

The Georgia Department of Insurance was authorized to refuse the issuance of a license to an individual who pled guilty to insurance fraud, identity fraud, and making false statements in the same year he submitted his application.

Drug convictions result in revocation of real estate licenses.

Topic: Real Estate, Decided by Judge Oakley 
Docket Number: 1407876 , Decision Date: 2013-10-25 
Attachment: Click here to download the decision. 

Respondent failed to disclose a drug possession with intent to distribute conviction in six separate applications to the Georgia Real Estate Commission until his license was censured in another state.  His failure to disclose the felony conviction provided grounds for revoking his real estate salesperson, [..] Read More..

Evidence of good character justifies grant of real estate license.

Topic: Real Estate, Decided by Judge Oakley 
Docket Number: 1403343 , Decision Date: 2013-09-03 
Attachment: Click here to download the decision. 

Judge Oakley reversed the decision of the Georgia Real Estate Commission to deny Petitioner’s application for a real estate license on the grounds that he had previously had his real property appraiser’s license sanctioned in 2007.  Petitioner demonstrated sincere regret over the prior incident and [..] Read More..

Repeated criminal convictions result in denial of Resident Insurance License Application.

Topic: Professional Licensing, Decided by Judge Oakley 
Docket Number: ***** , Decision Date: 2013-09-03 
Attachment: Click here to download the decision. 

Petitioner was appropriately denied a Resident Insurance License.  He has been convicted of multiple felonies and misdemeanor crimes involving moral turpitude.  Current participation in Alcoholics Anonymous is insufficient to show continued sobriety or that he is trustworthy during periods of sobriety.

Driver’s license suspended after inebriated driver left scene of single car accident.

Topic: DUI, Decided by Judge Oakley 
Docket Number: 1406362 , Decision Date: 2013-09-20 
Attachment: Click here to download the decision. 

Petitioner’s driver’s license was suspended after an officer located her, intoxicated, at her home shortly after a single car accident.  It was apparent that she had recently been driving the vehicle, which was registered in her name, due to the state of her clothing and [..] Read More..

Medicaid recipient was properly placed in the Pharmacy Lock-In Program to eliminate prescription abuse.

Topic: Health Law, Decided by Judge Oakley 
Docket Number: ***** , Decision Date: 2013-09-16 
Attachment: Click here to download the decision. 

Petitioner, a Medicaid recipient, was placed in Department of Community Health’s Pharmacy Lock-In Program after discovering a pattern of behavior indicating prescription abuse.  First, Petitioner’s drug therapy did not correlate with his diagnoses.  Second, his provider triggered the investigation upon suspicions of prescription drug abuse. [..] Read More..

Emergency closure upheld on basis of blatant disregard of licensing requirements and endangerment of children.

Topic: Early Care & Learning, Decided by Judge Oakley 
Docket Number: 1409608 , Decision Date: 2013-09-19 
Attachment: Click here to download the decision. 

Petitioner, who runs a group day care and child care learning center, was subject to an order for emergency closure for twenty-one days on the basis of (1) Petitioner’s blatant disregard of applicable licensing requirements; (2) Petitioner’s actions and inactions, which placed the safety and [..] Read More..

Teacher’s license suspended for one year for mishandling and misappropriation of school funds.

Topic: Educators, Decided by Judge Oakley 
Docket Number: 1405702 , Decision Date: 2013-09-23 
Attachment: Click here to download the decision. 

Petitioner’s teaching certificate was suspended for one year for violating Standards Five and Ten of the Code of Ethics for Educators after she (1) failed to follow the school’s established protocol for the handling of funds, (2) borrowed funds for personal use, and (3) retained [..] Read More..

Appraiser application denied for submission of false information.

Topic: Real Estate, Decided by Judge Oakley 
Docket Number: 1345288 , Decision Date: 2013-07-31 
Attachment: Click here to download the decision. 

The Georgia Real Estate Appraiser’s Board appropriately denied Petitioner’s State Registered Appraiser Application for (1) failing to disclose misdemeanors in response to criminal history questions on prior applications, and (2) sanctions by other occupational licensing bodies.

Disbarred attorney permitted real estate salesperson license.

Topic: Real Estate, Decided by Judge Oakley 
Docket Number: 1341913 , Decision Date: 2013-07-10 
Attachment: Click here to download the decision. 

A disbarred attorney was permitted a real estate license despite prior felony fraud convictions because of abundant evidence of regret and a present reputation for trustworthiness, integrity, and competence.

Denial of teaching license for felony conviction upheld.

Topic: Educators, Decided by Judge Oakley 
Docket Number: 1339923 , Decision Date: 2013-06-11 
Attachment: Click here to download the decision. 

Petitioner denied ever having been convicted of a felony on her application for a State of Georgia teaching certificate.  Because Petitioner had in fact been convicted of a felony, Judge Oakley found denial to be proper under the Code of Ethics for Educators.

Provider’s Medicaid claim was untimely and incomplete.

Topic: Health Law, Decided by Judge Oakley 
Docket Number: ******** , Decision Date: 2013-06-27 
Attachment: Click here to download the decision. 

Rockdale Medical Center could not be reimbursed for services provided under the Emergency Medical Assistance for Immigrants (EMA) provision, because it did not file a claim within six months of the determination of retroactivity and did not include documentation necessary to process the claim. 

Revocation of real estate license for unfair trade practices.

Topic: Real Estate, Decided by Judge Oakley 
Docket Number: 1336283 , Decision Date: 2013-06-13 
Attachment: Click here to download the decision. 

Respondent is a licensed real estate broker in the State of Georgia.  Petitioner, Georgia Real Estate Commission, sought to revoke his license for dishonest and unlawful behaviors committed while engaged in the business of selling property.  Judge Oakley determined that Petitioner did not demonstrate the [..] Read More..

Teacher reprimanded for inappropriate and unethical behavior.

Topic: Educators, Decided by Judge Oakley 
Docket Number: 1326553 , Decision Date: 2013-02-22 
Attachment: Click here to download the decision. 

Judge upholds reprimand of a Coosa High School teacher who inappropriately approached another teacher to ask if she had plastic surgery on her posterior. Petitioner failed to demonstrate that his conduct preserved the dignity and integrity of the teaching profession.

Teacher suspended for failure to inform school nurse of possible child abuse.

Topic: Educators, Decided by Judge Oakley 
Docket Number: 1321557 , Decision Date: 2013-02-08 
Attachment: Click here to download the decision. 

Petitioner, a kindergarten teacher in Dougherty County, observed bite marks and scratches on a child’s back, buttocks, and genital area. The school system’s child abuse policy requires first reporting suspicion of child abuse to the school nurse. The Judge affirmed a 15 day suspension because [..] Read More..

Judge affirms suspension of teacher’s certificate based on multiple reports of physical and verbal abuse of student athletes.

Topic: Educators, Decided by Judge Oakley 
Docket Number: 1315429 , Decision Date: 2012-12-31 
Attachment: Click here to download the decision. 

The Professional Standards Commission sought to suspend Petitioner’s teaching certificate for 90 days. Petitioner is a high school teacher and football coach. The credible evidence on the record supports a finding that Petitioner physically abused student athletes on two occasions. Additionally, Petitioner used excessive profanity [..] Read More..

Judge denies teacher certification to applicant who fraudulently submitted $700,000 of unauthorized prescription reimbursements to Medicaid.

Topic: Educators, Decided by Judge Oakley 
Docket Number: 1325857 , Decision Date: 2013-02-01 
Attachment: Click here to download the decision. 

Petitioner appealed Respondent’s recommendation to deny his application for a teaching certification. Petitioner pled guilty to conspiracy to defraud state of political subdivision and false writing pursuant to filling unauthorized prescriptions and fraudulently submitting those prescriptions to the Georgia Medicaid Program for reimbursement to the [..] Read More..

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