July 2013 - Page 2 of 4 - Administrative Law Report

Food stamp over-issuance found where Petitioner failed to report full income.

Judge Walker-Russell found an over-issuance of food stamp benefits to Petitioner as a result of her failure to report the earned income of a household member. The Division of Family and Children Services (DFCS), therefore, correctly denied Petitioner benefits for the month of September 2012 and appropriately reduced her allotment in the month of October […]

Food stamp over-issuance found where Petitioner failed to report full income. Read More

All responsible parties liable to pay back taxes.

Tax Court

Judge Beaudrot affirmed the decision of the Department of Revenue to issue an Official Assessment and Demand for Payment for failure to pay outstanding sales and use tax liabilities. Petitioner is co-founder of a company and owns a minority share. He is responsible for managing the finances of the operation. Because Petitioner willfully withheld tax

All responsible parties liable to pay back taxes. Read More

Interloctory order in insurance case.

Insurance

The Commissioner of Insurance filed a show cause order against several respondents relating to the sale of limited medical insurance benefits as part of expanded membership in the National Better Living Association (NBLA). On cross motions for summary determination, Judge Schroer ruled on four issues. First, she denied NBLA’s motion for summary determination on the

Interloctory order in insurance case. Read More

No intentional program violation but recoupment for over-issuance permitted.

Inspector General

Respondent did not disclose certain financial information in her food stamp recertification. The Office of Inspector General (OIG) sought to disqualify her from Food Stamp Program participation on the basis of an intentional program violation. Because there was insufficient evidence to establish her lapses were intentional under a clear and convincing standard, Judge Langston reversed

No intentional program violation but recoupment for over-issuance permitted. Read More

Delinquent child support obligor permitted passport.

Child Support

While Federal regulations prohibit the issuance of a passport to an applicant who is in arrears on child support obligations by more than $2,500, there is an exemption where the passport is indispensable for generating income needed to pay current support or arrearage. Petitioner is in arrears of approximately $62,867.84; however, he demonstrated that his

Delinquent child support obligor permitted passport. Read More

Probationary insurance license for reformed First Offender.

Insurance

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. She successfully completed probation early and has maintained numerous employment

Probationary insurance license for reformed First Offender. Read More