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Child in stable condition terminated from participation in the Georgia Pediatric Program.

Topic: Health Law, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2013-09-06 
Attachment: Click here to download the decision. 

Petitioner, a child with a medical condition requiring a skilled assessment and monitoring that would take no more than one hour to complete, did not qualify for continued participation in the Georgia Pediatric Program (GAPP), failing to meet the requisite level-of-care eligibility requirement.

Name calling constituted abuse where nursing home resident suffered mental anguish.

Topic: Nurse Aide Registry, Decided by Judge Kennedy 
Docket Number: 1337175 , Decision Date: 2013-09-19 
Attachment: Click here to download the decision. 

Petitioner’s name may be entered on the state’s Nurse Aide Registry based on a finding of abuse, but not neglect.  Petitioner acted abusively by calling a resident a name that caused her mental anguish.  However, Petitioner did not neglect the resident when she applied a [..] Read More..

Order for Intended Emergency Closure affirmed where transportation rule violations endangered children.

Topic: Early Care & Learning, Decided by Judge Kennedy 
Docket Number: 1407273 , Decision Date: 2013-09-04 
Attachment: Click here to download the decision. 

Petitioner, a child care facility, was subject to an Order for Emergency Closure for twenty-one days after an investigation, triggered by a child being left unattended in a van, revealed that the facility was not complying with transportation rules intended to ensure child safety.

Mere presence of alcohol does not, by itself, support an inference of impairment.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 1344563 , Decision Date: 2013-07-30 
Attachment: Click here to download the decision. 

Police officer did not have probable cause to arrest Petitioner for driving under the influence or refusing to consent to a state-administered chemical test because, while Petitioner, who had been stopped at a roadblock, admitted to drinking, the officer presented no evidence that he had [..] Read More..

License suspension reversed in light of financial inability to pay child support.

Topic: Child Support, Decided by Judge Kennedy 
Docket Number: 1343995 , Decision Date: 2013-08-06 
Attachment: Click here to download the decision. 

The action to revoke Petitioner’s license for child support arrears was reversed in consideration of Petitioner’s decline in income and history of timely payments.

Articulable suspicion of criminal activity.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 1339402 , Decision Date: 2013-07-30 
Attachment: Click here to download the decision. 

Pulling into the driveway of an unoccupied home to switch drivers was sufficiently suspicious to give an officer articulable suspicion of criminal activity.  Furthermore, the encounter was non-coercive and did not constitute a stop.  Suspension of Petitioner’s license was appropriate as she did not affirmatively [..] Read More..

Food stamp benefits terminated for failure to complete review.

Topic: Public Assistance, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2013-08-05 
Attachment: Click here to download the decision. 

Petitioner’s food stamp benefits were properly terminated for failure to complete a continued eligibility review because he knew of his telephone interview appointment, understood that he would be unable to receive the call due to poor cell phone reception, and did not contact his reviewer [..] Read More..

Revocation of replacement motor vehicle title acquired by fraud.

Topic: Vehicle Title, Decided by Judge Kennedy 
Docket Number: 1341250 , Decision Date: 2013-06-26 
Attachment: Click here to download the decision. 

The Department of Revenue was permitted to revoke a replacement Motor Vehicle Certificate of Title that did not reflect a pre-existing lien on the vehicle and reinstate the original Certificate of Title that reflected Petitioner as the original security lienholder.  The issuance of the replacement [..] Read More..

Judge grants real estate license to Petitioner who was charged with forgery and sanctioned for misappropriation of drugs for self-use.

Topic: Real Estate, Decided by Judge Kennedy 
Docket Number: 1311105 , Decision Date: 2012-11-01 
Attachment: Click here to download the decision. 

Petitioner appeals Respondent’s denial of a Georgia real estate license. In 1996, Petitioner was charged with Forgery in the 1st degree and the charge was nolle prossed. Additionally, the Georgia Board of Nursing sanctioned her nursing license when she misappropriated controlled substances for self-use.  In [..] Read More..

Judge denies insurance license to Petitioner who pled guilty to fraud charge.

Topic: Professional Licensing, Decided by Judge Kennedy 
Docket Number: 1319705 , Decision Date: 2013-01-25 
Attachment: Click here to download the decision. 

Petitioner appealed Respondent’s denial of his application for a resident insurance agent license. In 2011, Petitioner pled guilty to one felony count of first degree fraud. Under the First Offender Act, Petitioner was discharged without a court adjudication of guilt. Petitioner’s fraud charge related to [..] Read More..

Judge reverses the Department of Insurance’s refusal to grant license because of Petitioner’s guilty plea to battery charges.

Topic: Professional Licensing, Decided by Judge Kennedy 
Docket Number: 1319840 , Decision Date: 2013-01-25 
Attachment: Click here to download the decision. 

Petitioner appealed Respondent’s refusal to grant Petitioner a resident agent producer license. When Petitioner was in high school in 2003, Petitioner pled guilty to misdemeanor battery. The following year, Petitioner pled guilty to misdemeanor family violence battery, misdemeanor battery, and felony obstruction of an officer. [..] Read More..

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