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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..

Scope of review limited to whether candidate met residency qualifications for office.

Topic: Elections, Decided by Judge Walker 
Docket Number: 1638940 , Decision Date: 2016-05-18 
Attachment: Click here to download the decision. 

A candidate for State House District 151 failed to establish that he met the residency requirements for that office.  The evidence showed that, as a result of decennial redistricting by the state legislature, James Ricardo Williams’s residence was moved from District 151 to District 154 [..] 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..

Agency authorized to revoke teaching certificate based on out-of-state disciplinary action.

Topic: Educators, Decided by Judge Walker 
Docket Number: 1617917 , Decision Date: 2016-01-21 
Attachment: Click here to download the decision. 

Facing disciplinary action for misconduct, an educator resigned from his position in Florida and moved to Georgia, where he applied for a teaching certificate.  On his application, the educator failed to disclose that he was at that time under an investigation by the Florida disciplinary [..] Read More..

Board authorized to revoke physician’s license for inappropriately prescribing opioids.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1603818 , Decision Date: 2015-12-17 
Attachment: Click here to download the decision. 

The Georgia Composite Medical Board (“the Board”) sought to revoke a physician’s license for failing to adhere to minimum standard of acceptable practice with regard to his treatment of ten patients, and for allegedly operating an unlicensed pain clinic.  The physician prescribed Xanax and oxycodone [..] Read More..

Vehicle auctioning companies subject to fine for failure to facilitate title transfers.

Topic: Consumer Protection, Decided by Judge Walker 
Docket Number: 1558819 , Decision Date: 2015-10-08 
Attachment: Click here to download the decision. 

Vehicle auctioning companies violated the Fair Business Practices Act by failing to facilitate title transfers after selling motor vehicles to consumers, which in two cases resulted in the consumer losing possession of the vehicle.  However, the Court upheld only the violations for which Office of [..] Read More..

DEA investigation uncovers physician misconduct.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1606610 , Decision Date: 2015-12-02 
Attachment: Click here to download the decision. 

During an investigation by the Drug Enforcement Agency, a physician issued controlled substances prescriptions to undercover DEA officers, though they exhibited textbook signs of misuse and abuse of medications.  Upon conducting its own investigation, the Georgia Composite Medical Board determined that the physician’s treatment of [..] Read More..

License revoked for recklessly prescribing controlled substances.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1602303 , Decision Date: 2015-10-19 
Attachment: Click here to download the decision. 

The Court upheld the revocation of a physician’s license to practice medicine based on evidence that the physician continued to prescribe controlled substances to one patient despite drug screenings that indicated the patient was failing to take the medications as prescribed and was abusing illegal [..] Read More..

Hearsay evidence insufficient to show unlicensed operation of personal care home.

Topic: Health Law, Decided by Judge Walker 
Docket Number: 1554338 , Decision Date: 2015-07-08 
Attachment: Click here to download the decision. 

The Department of Community Health determined that Petitioner was operating an unlicensed personal care home based on residents’ statements that Petitioner provided them with regular meal services and assistance with their medications.  However, the residents’ out-of-court statements were insufficient to establish that Petitioner was providing [..] Read More..

Educator given two-year suspension for failure to make timely report of suspected sexual abuse.

Topic: Educators, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2015-06-03 
Attachment: Click here to download the decision. 

Petitioner, a school counselor, received information that a student had attempted suicide because her stepfather was sexually abusing her.  The student acknowledged the suicide attempt and later made comments during a conference that gave rise to reasonable cause for the counselor to believe that the [..] Read More..

Recycling and composting operation’s failure to abide by permit terms results in revocation.

Topic: Environmental Law, Decided by Judge Walker 
Docket Number: 1442274 , Decision Date: 2015-01-21 
Attachment: Click here to download the decision. 

The Georgia Department of Natural Resources issued an administrative order revoking a Solid Waste Handling Permit and a National Pollution Discharge Elimination System Permit (“NPDES Permit”) issued to Wilbros, LLC, a commercial recycling and composting operation, for alleged violations of Georgia law, solid waste management [..] Read More..

Dental license revoked for performing grossly inadequate root canals.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1522089 , Decision Date: 2015-02-18 
Attachment: Click here to download the decision. 

The Georgia Board of Dentistry discovered after conducting peer review that Respondent, a licensed dentist, fell below minimum acceptable and prevailing standards for the industry in performing several root canals, including one instance in which Respondent performed a root canal “in the bone rather than [..] Read More..

Nursing license revoked for criminal conviction and failure to notify licensing authority.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1514107 , Decision Date: 2014-11-18 
Attachment: Click here to download the decision. 

Respondent, a licensed practical nurse, was convicted of theft by taking, a felony, and thereafter failed to notify the Georgia Board of Nursing (the Board) within the mandated time period, whereupon the Board instituted disciplinary proceedings against her license.  The Court recommended that Respondent’s license [..] Read More..

Educator’s license revoked for sexual relationship with a high school student living in her home.

Topic: Educators, Decided by Judge Walker 
Docket Number: 1504060 , Decision Date: 2014-10-08 
Attachment: Click here to download the decision. 

Petitioner, an elementary school teacher, engaged in a sexual relationship with an eighteen-year-old high school student who lived in her home.  Petitioner’s conduct amounted to serious violations of the Code of Ethics for Educators and warranted revocation of her license.

Destroyed signs cannot be repaired without prior authorization.

Topic: Outdoor Advertising, Decided by Judge Walker 
Docket Number: 1446204 , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

The Department of Transportation correctly instructed the Petitioner to remove illegal signs that were erected without lawful permits after they repaired signs that were destroyed by a tornado without the Department’s authorization.

Facility fined for failure to provide access to inspectors.

Topic: Public Health, Decided by Judge Walker 
Docket Number: 1501919 , Decision Date: 2014-09-29 
Attachment: Click here to download the decision. 

The Department of Community Health’s decision to fine a Private Home Care Provider was upheld where the facility’s owner failed on two occasions to provide the Department’s inspectors with access to the facility.

Suspension reduced from one year to 45 days for teacher who consumed alcohol at a school function.

Topic: Educators, Decided by Judge Walker 
Docket Number: 1503074 , Decision Date: 2014-09-10 
Attachment: Click here to download the decision. 

The Professional Standards Commission sought to suspend Petitioner’s teaching certificate for one year.  Petitioner, who was a chaperone at the school prom, consumed alcohol prior to arriving at the school prom and again at the bar in the hotel where the prom was being held [..] Read More..

No stay of SOURCE benefit termination as discharge planning was provided.

Topic: Health Law, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2014-06-09 
Attachment: Click here to download the decision. 

Judge Walker denied Petitioner’s request to stay the termination of SOURCE benefits pending adequate discharge planning, finding that a referral to Fayette Senior Services for housekeeping and home delivered meals was adequate.  Nevertheless, even if the Department of Community Health had failed to comply with [..] Read More..

Debt to a private bank for which Federal Deposit Insurance Corporation was subsequently appointed receiver does not render candidate an “illegal holder of public funds.”

Topic: Elections, Decided by Judge Walker 
Docket Number: 1238686 , Decision Date: 2012-07-10 
Attachment: Click here to download the decision. 

Mr. William Carruth, a candidate for State Senate, established residency requirements in the Senate District where he sought office.  Mr. Carruth’s debt to the Federal Deposit Insurance Corporation (FDIC), an appointed receiver for the private bank at which he originally incurred the debt, did not [..] Read More..

Deputy Registrar sanctioned for soliciting voter registration applications at a private nursing home facility without authorization.

Topic: Elections, Decided by Judge Walker 
Docket Number: 119672 , Decision Date: 2011-05-25 
Attachment: Click here to download the decision. 

Respondent, the Deputy Registrar for Bulloch County, was issued a public reprimand and required to pay a civil penalty for soliciting voter registration applications at a private nursing home facility without prior authorization from the facility’s administrator.

Candidate’s membership on State Transportation Board did not disqualify him from running for State Senate.

Topic: Elections, Decided by Judge Walker 
Docket Number: 1238687 , Decision Date: 2012-07-11 
Attachment: Click here to download the decision. 

Neither the Georgia Constitution, nor state election law, prohibited Respondent, a member of the State Transportation Board (STB), from seeking office in Senate District 21.  The reimbursement Respondent received pursuant to STB Membership did not constitute “emoluments” that would disqualify him from candidacy.

Viewpoint two: Constitutionality of roadblock is within the scope of Administrative License Suspension hearing.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1403305 , Decision Date: 2013-08-18 
Attachment: Click here to download the decision. 

In Hamilton v. the Department of Drivers’ Services, Judge Walker held that the state must produce evidence of the constitutionality of a roadblock in order to show that the driver stopped at the roadblock was lawfully arrested, a matter within the scope of the Administrative [..] Read More..

OSAH Judge on Philanthropy and Family

Topic: Court News, Decided by Judge Walker 
Docket Number:  , Decision Date:  
Attachment: Click here to download the decision. 

Judge Ronit Walker The May 14, 2014 edition of the SaportaReport newsletter featured an article by Judge Ronit Walker entitled “Five Lessons on How Philanthropy has Strengthened My Family.”  To view the article, please go to: http://saportareport.com/leadership/philanthropy/2014/05/12/five-lessons-volunteering-taught-my-family/

SOURCE termination remanded for failure to provide discharge planning.

Topic: Health Law, Decided by Judge Walker 
Docket Number: ******* , Decision Date: 2014-04-24 
Attachment: Click here to download the decision. 

The Department of Community Health’s decision to terminate Petitioner from the Service Options Using Resources in Community Environments (SOURCE) program was remanded to the Department because the Department failed to provide adequate discharge planning. Remand was appropriate even though (1) Petitioner did not meet the [..] Read More..

Cognitive loss caused by seizures within target population for SOURCE.

Topic: Health Law, Decided by Judge Walker 
Docket Number: ******* , Decision Date: 2014-03-05 
Attachment: Click here to download the decision. 

The Department of Community Health (DCH) could not terminate Petitioner’s SOURCE benefits on the grounds that his limitations stem from a developmental disability, thereby placing him outside the program’s target population.  Petitioner was not born mentally disabled or developmentally delayed but, rather, suffered cognitive loss as [..] Read More..

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