August 2013 - Page 3 of 4 - Administrative Law Report

Relief operator is not a licensed blind vendor.

A relief operator under the Rehabilitation Services Business Enterprise Program (BEP), which provides legally blind individuals with opportunities to operate vending facilities, is not considered a licensed blind vendor. Pursuant to the terms of their Temporary Agreement of Operation, the Rehabilitation Services Agency was permitted to merge the operations of Petitioner’s facility with a nearby […]

Relief operator is not a licensed blind vendor. Read More

Subjective discomfort does not constitute willful abuse.

Nurse Aide Registry

In the absence of evidence of willfulness, the State was not permitted to include a nurse’s name on the Georgia Nurse Aide Registry for two allegations of sexual and mental abuse. Regarding the first allegation, the Department investigation only showed that the resident was uncomfortable because she believed the nurse to be homosexual, but not

Subjective discomfort does not constitute willful abuse. Read More

Individual with autism did not meet SOURCE criteria.

Health Law

Petitioner has autism. Petitioner was properly terminated from the Services Options Using Resources in Community Environments (SOURCE) Program because she did not meet the target group criteria of aged or physically disabled. She also did not meet minimum nursing home level-of-care requirements.

Individual with autism did not meet SOURCE criteria. Read More

Termination of Petitioner’s SOURCE services reversed.

Health Law

The Department of Community Health was not permitted to terminate Petitioner’s SOURCE services. The Department did not give Petitioner notice with sufficient specificity, nor did it consult with Petitioner’s primary care physician prior to the annual review for continued eligibility. Also, the Department was unaware of Petitioner’s recent health developments. Finally, Petitioner met the minimum

Termination of Petitioner’s SOURCE services reversed. Read More

Realtor license revoked for unethical conduct.

Real Estate

Respondent’s real estate license was properly revoked as a result of unethical conduct. Specifically, she (1) altered a commission check, (2) comingled a commission check with her personal funds, (3) put a property at risk by taping the key to the outside of the lockbox in lieu of returning it, and (4) failed to submit

Realtor license revoked for unethical conduct. Read More

Testimony by two-way video permitted for good cause.

Technology

Testimony by two-way video is permitted where the witnesses are non-parties, are otherwise unavailable, and live out of state.

Testimony by two-way video permitted for good cause. Read More