June 2013

Supervisors implementing police roadblocks can participate in screening drivers.

DUI

Petitioner challenged the suspension of his license for driving under the influence on two grounds: an unlawful roadblock and an improperly administered horizontal gaze nystagmus test (“HGN”).  Contrary to Petitioners assertions, the Judge found that (1) the legality of the roadblock was not impaired by the implementing supervisor’s participation in screening drivers, and (2) the […]

Supervisors implementing police roadblocks can participate in screening drivers. Read More

Tax intercept unlawful where obligor has not defaulted on child support order.

Human Services

The Division of Child Support Services (“CSS”) cannot intercept a child support obligor’s tax return where support payments are not “past due.”  A payment is not past due unless the non-custodial parent is delinquent on court-ordered payments.  While Petitioner owed a lump sum of $20,000 for child support, he has been timely making monthly installment

Tax intercept unlawful where obligor has not defaulted on child support order. Read More

Health and safety violations in personal care home warranted revocation of license to operate.

Health Law

Judge upheld the revocation of Petitioner’s state license to operate a personal care home.  Petitioner lost or did not timely order residents’ medications, administered un-prescribed medications, and transferred residents to other facilities without their medications.  The facility was also not kept in good repair.  Due to the seriousness of the violations, coupled with the administrator’s

Health and safety violations in personal care home warranted revocation of license to operate. Read More

Fine appropriate where violations established and no hardship waiver shown.

Health Law

The Department imposed a fine of $600 for various violations, including the failure to test a resident’s blood sugar prior to administering medication and storing, instead of disposing of, expired medications.  Petitioner argued for a waiver of the fine because the facility has since hired a new director who has improved conditions.  Despite this and

Fine appropriate where violations established and no hardship waiver shown. Read More

Real estate brokers reprimanded and fined for failure to use correct name and license number.

Real Estate

Respondents are Mr. Voss, a real estate broker, and Lakeshore Estate Marketing and Services (“Lakeshore”), a real estate broker firm.  The Georgia Real Estate Commission sought to sanction both for actions by Voss, acting as an agent for Lakeshore, in (1) using the name “Lakeshore Real Estate Broker” and “Lakeshore Real Estate Brokerage” in signing

Real estate brokers reprimanded and fined for failure to use correct name and license number. Read More

Self-employment rehabilitation services unavailable for pre-existing businesses.

Vocational Rehabilitation

Judge upheld the Georgia Vocational Rehabilitation Agency’s (“GVRA”) decision to deny Petitioner services to enable her to open a business and thereby become self-employed.  The decision was based on a finding that Petitioner had established the business approximately two years prior to the GVRA’s review of her application and had incurred expenses each of those

Self-employment rehabilitation services unavailable for pre-existing businesses. Read More

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