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CAPS benefits paid to corporation could not be recovered from individuals absent showing of fraud.

Topic: Early Care & Learning, Decided by Judge Kennedy 
Docket Number: 1509315 , Decision Date: 2016-05-18 
Attachment: Click here to download the decision. 

The Department of Early Care and Learning (DECAL) sought to recover Child and Parent Services (CAPS) Program benefits paid to a corporation doing business as a daycare center.  DECAL alleged that the parents of the owner of the corporation, who had previously operated a different [..] Read More..

Company did not “reproduce” WIC vendor stamp by using generic stamp to clarify store number.

Topic: Public Health, Decided by Judge Kennedy 
Docket Number: 1637592 , Decision Date: 2016-05-02 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The parent company of several WIC-participating grocery stores used a generic four-digit rotary stamp to clarify the store numbers on vouchers that had been returned for illegible or missing vendor stamp imprints.  The Department of Public Health sought to terminate WIC participation for several of [..] Read More..

Daycare’s license revoked for employing individual with unsatisfactory background check.

Topic: Early Care & Learning, Decided by Judge Kennedy 
Docket Number: 1628271 , Decision Date: 2016-03-17 
Attachment: Click here to download the decision. 

The Department of Early Care and Learning notified the owner of a family day care home (FDCH) that it could not make a fitness determination with regard to two of its employees for lack of complete files, and that the employees were therefore prohibited from [..] Read More..

Vendor disqualified for six months for keeping expired food items in stock..

Topic: Public Health, Decided by Judge Kennedy 
Docket Number: 1619233 , Decision Date: 2016-01-04 
Attachment: Click here to download the decision. 

The Department of Public Health determined after investigation that, on three separate occasions, a WIC vendor had kept one or more WIC-approved food items that were outside of the manufacturer’s expiration date in stock, despite having received several warnings.  Accordingly, the vendor was subject to [..] Read More..

Wal-Mart store terminated from WIC participation for reproducing vendor stamp.

Topic: Public Health, Decided by Judge Kennedy 
Docket Number: 1606570 , Decision Date: 2015-12-08 
Attachment: Click here to download the decision. 

Employees of a local Wal-Mart store reproduced the store’s state-issued WIC vendor stamp in violation of its vendor agreement, and used the unapproved stamp on fifty-seven WIC vouchers.  The Department of Public Health terminated the store’s vendor agreement, resulting in a disqualification period of one [..] Read More..

Parent not entitled to independent educational evaluation at public expense.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2015-06-08 
Attachment: Click here to download the decision. 

After the school district’s speech language pathologist determined after evaluation that a student may not benefit from continued speech therapy, the student’s parent requested an independent evaluation to be conducted at public expense.  However, the parent was not entitled to a second publicly-funded evaluation because [..] Read More..

Use of profanity in presence of resident does not, per se, constitute abuse.

Topic: Nurse Aide Registry, Decided by Judge Kennedy 
Docket Number: 1526414 , Decision Date: 2015-04-16 
Attachment: Click here to download the decision. 

A certified nurse aide’s mere use of profanity in the presence of a resident did not amount to abuse in the absence of evidence that it was done with the purpose of inflicting injury, unreasonable confinement, intimidation, or punishment or that her statements caused the [..] Read More..

Failure to inform clients of revocation supports denial of subsequent application.

Topic: Insurance, Decided by Judge Kennedy 
Docket Number: 1519813 , Decision Date: 2015-01-08 
Attachment: Click here to download the decision. 

The Department of Insurance (“the Department”) revoked Petitioner’s insurance agent license in 2009 after he submitted four applications containing false and misleading information.  Petitioner thereafter did not notify his clients that his license had been revoked, and continued to provide them with guidance and advice.  [..] Read More..

Special needs student may be disciplined for conduct that is not attributable to his disability.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2015-02-11 
Attachment: Click here to download the decision. 

Petitioner, a high school student with special needs, was found to be in possession of a bottle of tequila while on campus.   After a Manifestation Determination Review Committee determined that his conduct was unrelated to his disability, Petitioner was suspended for the remainder of the [..] Read More..

Applicant may be licensed as a real estate salesperson having overcome past issues with alcohol abuse.

Topic: Real Estate, Decided by Judge Kennedy 
Docket Number: 1505486 , Decision Date: 2014-12-15 
Attachment: Click here to download the decision. 

Petitioner was formerly licensed by the Georgia Real Estate Commission (“the Commission”).  However, the Commission revoked Petitioner’s license after he neglected to mention several criminal convictions—in addition to the DUI convictions that he did disclose—on a renewal application.  Petitioner applied for a real estate license [..] Read More..

Due Process Complaint dismissed for failure to include a proposed resolution.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: 1511371 , Decision Date: 2014-10-28 
Attachment: Click here to download the decision. 

Petitioner’s Due Process Complaint against a school system was dismissed without prejudice because Petitioner failed to adhere to the Individuals with Disabilities Education Act (IDEA) requirement that such complaints include “a proposed resolution of the problem to the extent known and available to the complaining [..] Read More..

Failure to comply with court order resulted in case dismissal.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

Petitioner’s willful failure to comply with the Court’s Order directing the student to attend three transition periods to assist in his transition back into the least restrictive environment resulted in dismissal of Petitioner’s Due Process Complaint.

Application denied due to identity fraud and forgery convictions.

Topic: Insurance, Decided by Judge Kennedy 
Docket Number: 1502560 , Decision Date: 2014-09-26 
Attachment: Click here to download the decision. 

Petitioner did not report his prior criminal convictions for forgery and identity theft on his online Resident Agent License application. Because the online application was completed by a third party at Petitioner’s direction, he did not realize that the application called for disclosure of convictions [..] Read More..

Derisive comments that caused a resident mental anguish amounted to verbal abuse.

Topic: Nurse Aide Registry, Decided by Judge Kennedy 
Docket Number: 1500988 , Decision Date: 2014-09-02 
Attachment: Click here to download the decision. 

Petitioner, a Certified Nurse Aide, verbally abused a resident by telling her that she had multiple sclerosis “because she was mean” and that the resident was “going to hell”, causing the resident mental anguish.  Respondent was therefore authorized to place a written description of an [..] Read More..

School district must continue to pay for private residential placement during transition period.

Topic: Educators, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2014-06-26 
Attachment: Click here to download the decision. 

A school district was directed to pay for a student’s continued placement in a private facility after the student could not complete the three-part transition period, which was designed to prepare the student to move back to the school district.  As the transition period was [..] Read More..

Petitioner denied insurance license based on recent crimes and continuing probation.

Topic: Professional Licensing, Decided by Judge Kennedy 
Docket Number: 1458251 , Decision Date: 2014-08-08 
Attachment: Click here to download the decision. 

The Georgia Department of Insurance properly denied an agent license to an individual who was sentenced under the First Offender Act for felony damage to property and misdemeanor battery less than a year before applying for his license and continued to serve probation for the [..] Read More..

Failure to hold license suspension hearing within thirty days did not harm Petitioner.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 1321363 , Decision Date: 2013-04-29 
Attachment: Click here to download the decision. 

Petitioner moved for the rescission of his administrative license suspension on the basis that the Department of Driver Services failed to hold a hearing within thirty days of his request for a hearing and did not issue him a temporary driving permit.  Under the circumstances, [..] Read More..

Concern for family not sufficient to excuse refusal to take breath test.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 0320144 , Decision Date: 2002-12-23 
Attachment: Click here to download the decision. 

A driver’s refusal to submit to a breath test following his arrest for DUI was not justified by personal concerns for his family, his confusion regarding the content of the implied consent warning, or the officer’s failure to affirmatively provide him with an opportunity to [..] Read More..

Driver’s insistence upon blood test alone constituted refusal.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 1450018 , Decision Date: 2014-06-17 
Attachment: Click here to download the decision. 

The driver, who was under arrest for driving under the influence (DUI), refused to take the breath test designated by the arresting officer, insisting instead he would only take a blood test.  Refusing to take the test designated by the arresting officer is tantamount to [..] Read More..

Breath test must be correctly administered before inadequate sample considered refusal.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 0927508 , Decision Date: 2009-06-17 
Attachment: Click here to download the decision. 

The Department of Drivers’ Services did not satisfy its burden of proof because it failed to submit any evidence demonstrating that the state-administered breath test was properly given. Thus, the burden could not shift to the driver to demonstrate her inadequate breath sample was due [..] Read More..

Failure to provide an adequate breath sample due to a physical impairment was not a refusal.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 0623431 , Decision Date: 2006-06-22 
Attachment: Click here to download the decision. 

Suspension of Petitioner’s driver’s license was lifted because Petitioner presented sufficient evidence that she suffered from a physical impairment that limited her ability to provide an adequate breath sample. Thus, her inability to provide a sufficient sample could not be construed as a refusal to [..] Read More..

Reckless transportation violation justifies transportation restrictions and fine.

Petitioner, a child care learning facility, was appropriately fined and subject to a 12-month-transportation restriction after the facility erroneously transported a pre-K student, without parental authorization, to an elementary school in which he was not enrolled.  The violation arose as a result of a decision [..] Read More..

IDEA due process complaint dismissed for failure to participate in mandatory resolution session.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2014-02-18 
Attachment: Click here to download the decision. 

Under the Individuals with Disabilities Education Act (IDEA), both the parents of the special-education child and the school district must participate in a joint resolution session or mediation prior to a due process hearing, except in the case of a joint waiver.  Petitioner’s due process [..] Read More..

Senior Community Service Employment Program stipend constitutes wages for Medicaid eligibility.

Topic: Medicaid Eligibility, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2013-10-22 
Attachment: Click here to download the decision. 

Petitioner’s Medicaid benefits were terminated because a stipend, which she received from the Senior Community Service Employment Program under Title V of the Older Americans Act, put her over the income limit.  The stipend constituted a wage because (1) it is remuneration for personal services; [..] Read More..

Reduction of food stamps proper where no evidence that Petitioner was personally liable for medical expenses.

Topic: Public Assistance, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2013-09-09 
Attachment: Click here to download the decision. 

The Division of Family and Children Services properly calculated Petitioner’s food stamp benefits.  Petitioner was not entitled to an excess medical deduction because she did not produce evidence that she was personally liable to pay medical bills.

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