Court News


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Notice of Proposed Revisions to OSAH’s Rules

Topic: Court News

The Chief Judge of the Office of State Administrative Hearings (“OSAH”) proposes to promulgate one new rule and amend six rules of OSAH’s Rules and Regulations.  Click here for the complete notice, posted April 4, 2022.  A hearing for public comment is scheduled for May 4, 2022, at 2 p.m. at OSAH’s Atlanta office, 225 Peachtree Street NE, Suite 400, Atlanta, GA 30303.

Longstanding failure to comply with drinking-water laws results in $245,000 in civil penalties

Topic: Environmental Law, Decided by Judge Howells 
Docket Number: 2122467 , Decision Date: 2022-02-25 
Attachment: Click here to download the decision. 

In a decision by Judge Howells, the owner of five public water systems for subdivisions and mobile home parks was ordered to pay $245,000 in civil penalties. The penalties arose from the owner’s continued violations of the Safe Drinking Water Act, including repeated failures to collect water samples for testing. Judge Howells concluded the owner’s actions “can only be considered knowing, intentional, and willful,” given his continued noncompliance over the course of a decade.

GNETS placement did not violate IDEA’s “least restrictive environment” mandate

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 0000000 , Decision Date: 2022-01-18 
Attachment: Click here to download the decision. 

In denying a  request for relief under the Individuals with Disabilities Education Act (“IDEA”).  Judge Schroer concluded the student’s GNETS placement did not violate the “least restrictive environment” mandate, as the evidence showed the student required a therapeutic environment to learn self-regulation and social skills.

Judge upholds school district’s finding that child’s misconduct was not caused by untreated impulsivity issues

Topic: Special Education, Decided by Judge Howells 
Docket Number: 0000000 , Decision Date: 2022-01-18 
Attachment: Click here to download the decision. 

Judge Howells affirmed the school district’s manifestation determination that a 12-year-old’s misconduct—specifically, brandishing an airsoft gun at school—was not caused by the special-education student’s untreated issues with impulsivity.

Decision calls for nurse’s license to be revoked based on video footage of attack on patient

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 2211807 , Decision Date: 2022-01-14 
Attachment: Click here to download the decision. 

In affirming the Nursing Board’s revocation of an LPN’s license, Judge Walker rejected the nurse’s argument that her abusive conduct with a child patient was part of a “training program” to curb negative behavior. The Judge concluded that the video footage revealed the incident to [..] Read More..

Evidence of nurse kicking, hitting adult patient leads to order for license revocation

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 2211808 , Decision Date: 2022-01-13 
Attachment: Click here to download the decision. 

The Nursing Board sought to revoke an LPN’s license based on evidence that the nurse had kicked, hit, and pushed an adult patient with developmental disabilities.  In affirming the Nursing Board’s decision, Judge Walker rejected the LPN’s assertion that he had been unprepared for the [..] Read More..

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