November 2013

Cognitively alert applicant eligible for the Independent Care Waiver Program.

Judge reversed and remanded the denial of Petitioner’s application for the Independent Care Waiver Program (ICWP), because he meets both the eligibility criteria for entry and the service specifications for his requested services.  Specifically, he qualifies for Personal Support Services Level III as he is cognitively alert—i.e., awake and aware of his surroundings—despite having the

Cognitively alert applicant eligible for the Independent Care Waiver Program. Read More

Medical evidence insufficient to implicate daycare provider in head trauma.

Petitioner, a professional day care provider with an unblemished record and a reputation as a gentle caretaker, retained her certificate of registration to operate a family day care.  There was insufficient evidence that Petitioner was responsible for harming an infant in her care after he experienced chronic subdural hemorrhaging, likely caused by abusive head trauma. 

Medical evidence insufficient to implicate daycare provider in head trauma. Read More

Boundary of hazardous waste facility established at time of permitting.

Under the federal Resource Conservation and Recovery Act of 1976 and the Georgia Hazardous Waste Management Act, the boundaries of a hazardous waste facility are established at the time of permitting.  Subsequent transfer of a portion of the permitted property does not change the boundary of the facility—even if the portion of the property purchased,

Boundary of hazardous waste facility established at time of permitting. Read More

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