August 2013

Crane found to be weight compliant because added load necessary for safe operation.

The Department of Public Safety’s Motor Carrier Compliance Division (MCCD) improperly invalidated Petitioner’s permit to operate a self-propelled crane and assessed a fine. The weighing officer with MCCD had determined that the vehicle was overweight and out of compliance because the contents of an attached metal box, as well as the counter weights used to

Crane found to be weight compliant because added load necessary for safe operation. Read More

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

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, Petitioner supplied the needed verification.

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

Parent’s work schedule may be considered in determining medically necessary GAPP hours.

The State was not permitted to reduce the number of skilled nursing hours Petitioner receives under the Georgia Pediatric Program (GAPP).  Petitioner needs direct, one-on-one monitoring by a skilled nurse or trained caregiver when he is awake.  Because Petitioner’s mother, a single parent, has not been able to find daytime employment she must sleep during

Parent’s work schedule may be considered in determining medically necessary GAPP hours. Read More

Sterling reputation as an educator weighed against seriousness of violations.

Petitioner owned and operated a daycare. Because Petitioner knew she was in violation of a maximum capacity requirement, she hid four children outside during a Georgia Department of Early Care and Learning (DECAL) inspection of the facility. When the children were discovered, she denied that they were students at her daycare and told them to

Sterling reputation as an educator weighed against seriousness of violations. Read More

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