« Previous PageNext Page »

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..

Notice of termination of Medicaid benefits must be accurate.

Topic: Health Law, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2014-02-20 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) was not permitted to terminate Petitioner’s Medicaid benefits for failure to participate during the review process.  Petitioner presented credible evidence that she had, in fact, cooperated with the review process.  Other theories given to support the termination [..] Read More..

Medicaid applicant must be responsible for paying medical bills to qualify for spend-down eligibility.

Topic: Health Law, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2014-02-20 
Attachment: Click here to download the decision. 

Petitioner may be eligible for Adult Medically Needy (AMN) Medicaid if she is able to submit medical bills in excess of the Medically Needy Income Level for which she is personally responsible to pay.  While she submitted evidence of $40,000 worth of medical expenses to [..] Read More..

Need for supplemental oxygen insufficient to participate in Medically Fragile Daycare.

Topic: Health Law, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2014-01-16 
Attachment: Click here to download the decision. 

State was permitted to terminate Petitioner’s participation in the Medically Fragile Daycare (MFD) component of the Georgia Pediatric Program (GAPP).  While Petitioner may need supplemental oxygen on occasion, he has an established regimen of therapy.  In such a case, the administration of oxygen is not [..] Read More..

Must inform public assistance applicants of unavailability of application website.

Topic: Public Assistance, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2014-01-27 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) violated the due process rights of Petitioner, a Medicaid recipient, when it informed her that she had until November 30, 2013, to file a renewal application on its website, COMPASS, but did not inform her that the [..] Read More..

Tax credit certification application denied because of failure to prove film company’s role in the production.

Topic: Film & TV, Decided by Judge Walker 
Docket Number: 1411896 , Decision Date: 2013-12-18 
Attachment: Click here to download the decision. 

Judge Walker upheld the decision of the Georgia Film, Music & Digital Entertainment Division of the Georgia Department of Economic Development to deny Petitioner’s application for a Tax Credit Certification for the production “Black in America.”  Petitioner failed to establish that it produced, co-produced, or [..] Read More..

OSAH does not have subject matter jurisdiction over a breach of a settlement agreement that does not implicate FAPE.

Topic: Special Education, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2013-09-24 
Attachment: Click here to download the decision. 

The Individuals with Disabilities Education Improvement Act (IDEA) does not grant OSAH subject matter jurisdiction to determine whether a valid settlement agreement exists between a school district and the parents of a special needs child. Such claims may be heard administratively only insofar as they [..] Read More..

Parent may not represent adult child in an IDEA hearing.

Topic: Special Education, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2013-06-17 
Attachment: Click here to download the decision. 

The parent’s IDEA due process hearing request was dismissed without prejudice. Judge Walker held that even where a party may represent his or her child’s interests through a grant of powers of attorney, he or she may not act as legal counsel. Such powers do [..] Read More..

Incorrect processing of Medicaid application results in remand to DFCS.

Topic: Health Law, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2013-11-12 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) failed to determine Petitioner’s eligibility for the Independent Care Waiver Program (ICWP), the Medicaid class of assistance for which she applied.  Instead, DFCS erroneously processed a QI-1 Medicaid application on her behalf, before issuing a denial.  DFCS [..] Read More..

Reduction of monthly food stamp allotment authorized due to recipient’s increased income.

Topic: Public Assistance, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2013-10-29 
Attachment: Click here to download the decision. 

Respondent, the Division of Family and Children Services (DFCS), was authorized to reduce Petitioner’s monthly allotment under the Food Stamp Program because Petitioner’s monthly income had increased.

Driver’s license suspension reversed due to insufficient evidence of the legality of roadblock.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1412231 , Decision Date: 2013-10-30 
Attachment: Click here to download the decision. 

Suspension of Petitioner’s driver’s license reversed where the arresting officer did not sufficiently establish the legality of the roadblock at which Petitioner was stopped.

Driver’s license suspended for operating golf cart on state highway while intoxicated.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1406189 , Decision Date: 2013-10-28 
Attachment: Click here to download the decision. 

Suspension of Petitioner’s driver’s license upheld after he was arrested driving a golf cart on a state highway while under the influence of alcohol.

Facility disqualified from the Child and Adult Care Food Program after child left on bus.

Topic: Early Care & Learning, Decided by Judge Walker 
Docket Number: 1414309 , Decision Date: 2013-11-21 
Attachment: Click here to download the decision. 

The Department of Early Care and Learning (DECAL) correctly disqulified Hope For Kids Academy, LLC from participating in the Child and Adult Care Food Program (CACFP) after a child was left on a bus.  The   improper use of a checklist to account for the children [..] Read More..

Medical evidence insufficient to implicate daycare provider in head trauma.

Topic: Early Care & Learning, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2013-10-09 
Attachment: Click here to download the decision. 

Petitioner, a professional day care provider with an unblemished record and a reputation as a gentle caretaker, retained her certificate of registration to operate a family day care.  There was insufficient evidence that Petitioner was responsible for harming an infant in her care after he [..] Read More..

Family day care facility subject to emergency closure after marijuana use discovered on property.

Topic: Early Care & Learning, Decided by Judge Walker 
Docket Number: 1411999 , Decision Date: 2013-10-02 
Attachment: Click here to download the decision. 

Petitioner’s family day care home was subject to emergency closure after marijuana use was discovered on the property.  Additionally, Petitioner was caring for more than six children without the appropriate type of license.

Driver’s license suspension reversed because no testimony on legality of roadblock.

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

Petitioner was not lawfully placed under arrest for DUI because no evidence was introduced that the roadblock at which he was stopped was legal.

To avoid license suspension Petitioner must make child support payments and participate in Fatherhood Program.

Topic: Child Support, Decided by Judge Walker 
Docket Number: 1407413 , Decision Date: 2013-09-25 
Attachment: Click here to download the decision. 

Child Support Services (CSS) may suspend Petitioner’s license unless he (1) makes two immediate payments toward his child support arrears, (2) continues to make timely child support and arrears payments in the future, and (3) participates in the Fatherhood Program, a state-run child support education [..] Read More..

Delinquent child support obligor may retain license if he makes immediate payment on arrears and timely payments thereafter.

Topic: Child Support, Decided by Judge Walker 
Docket Number: 1406401 , Decision Date: 2013-09-17 
Attachment: Click here to download the decision. 

Petitioner may retain his license if he makes an immediate payment toward his arrears and makes timely payments thereafter.

Delinquent child support obligor’s license suspended for failure to adhere to the terms of a prior order.

Topic: Child Support, Decided by Judge Walker 
Docket Number: 1404915 , Decision Date: 2013-10-09 
Attachment: Click here to download the decision. 

Petitioner’s license was suspended after he failed to adhere to the terms of a February 2013 order that allowed him to keep his license if he made two purge payments of $500 each toward his arrears and continued to make timely payments.

Father delinquent on child support payments avoids license suspension by making period arrears payments.

Topic: Child Support, Decided by Judge Walker 
Docket Number: 1406401 , Decision Date: 2013-09-17 
Attachment: Click here to download the decision. 

In order to avoid the suspension of his license, a delinquent child support obligor was required to make three separate arrears payments of $1000.00 each, as well as continue to make timely monthly child support and arrears payments.

Insufficient evidence of fraud where spouse only used home as a mailing address.

Topic: Inspector General, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2013-09-11 
Attachment: Click here to download the decision. 

The Office of the Inspector General (OIS) was not permitted to recoup Respondent’s food stamp benefits and administratively disqualify her from participation in the Food Stamp Program, because it failed to prove by a clear and convincing standard that she had defrauded the Food Stamp [..] Read More..

Cannot terminate food stamp benefits where non-compliance is due to State’s failure to provide requested interpretive services.

Topic: Public Assistance, Decided by Judge Walker 
Docket Number: ******* , Decision Date: 2013-07-23 
Attachment: Click here to download the decision. 

The Department of Human Resources was not permitted to terminate Petitioner’s food stamp benefits for failure to provide income verification where it repeatedly failed to provide Petitioner with a Spanish language interpreter in violation of its own foreign language assistance policy.  Upon receiving interpretive services, [..] Read More..

Realtor license revoked for unethical conduct.

Topic: Real Estate, Decided by Judge Walker 
Docket Number: 1326299 , Decision Date: 2013-07-01 
Attachment: Click here to download the decision. 

Respondent’s real estate license was properly revoked as a result of unethical conduct.  Specifically, she (1) altered a commission check, (2) comingled a commission check with her personal funds, (3) put a property at risk by taping the key to the outside of the lockbox [..] Read More..

Probationary insurance license for reformed First Offender.

Topic: Insurance, Decided by Judge Walker 
Docket Number: 1338309 , Decision Date: 2013-06-13 
Attachment: Click here to download the decision. 

Judge Walker reversed the Department of Insurance’s decision to deny Petitioner an insurance license. Even though Petitioner had received First Offender treatment for one felony count of theft by shoplifting—a valid basis for denying a license—she has since demonstrated honesty and transparency regarding her conviction.  [..] Read More..

« Previous PageNext Page »