Evasive, unreliable testimony regarding criminal record insufficient to establish mitigation.

Topic: Health Law, Decided by Judge Miller 
Docket Number: 1616599 , Decision Date: 2015-11-04 
Attachment: Click here to download the decision. 

The Department of Community Health denied an application for authorization to work at a personal care home due to two felony convictions.  Although the applicant initially testified that she had since been involved in no criminal activity, she admitted during cross-examination that charges of financial transaction card fraud were pending against her.  The Court upheld the denial, as it was unable to conclude from the applicant’s evasive and unreliable testimony that she did not have a propensity for behavior involving moral turpitude.