OSAH is pleased to announce the inauguration of the Public Benefits Project in partnership with Emory University School of Law and Atlanta Legal Aid Society. As of February 2014, nineteen Emory Law students, under the supervision of Atlanta Legal Aid Attorney Nancy Rhinehart, will be providing free legal advice and representation to public benefit recipients […]
Administrative Law Judge Patrick Woodard and OSAH staff attorney Shoshana Elon were recently elected as chair and vice chair of the Administrative Law Section of the Georgia Bar, respectively. A revitalization of the section is underway, with several social and educational functions currently being planned. The first event is tentatively scheduled for March 2014.
Administrative Law Section Undergoing Revitalization. Read More
The collective knowledge doctrine acknowledges that officers are justified in relying on the statements of other officers in forming reasonable suspicion. The doctrine does not, however, allow for the arresting officer to establish that the detaining officer had reasonable suspicion necessary to conduct a traffic stop through evidence of the out-of-court statements of that officer.
The collective knowledge doctrine does not negate a hearsay objection. Read More
State improperly dismissed Petitioner’s appeal as untimely. Petitioner filed the appeal within thirty days of the date on the face of the letter but more than thirty days after receiving it in the mail. Petitioner was entitled to rely on the date of letter as the date of issuance. Under the facts of the case,
Appeal timely filed within thirty days of date on denial letter. Read More
Georgia law forbids the State from issuing a Personal Care Home license to any applicant with a criminal record. However, it is not enough for the owner or administrator to have committed any violation of the law. The violation for which the owner has been arrested and charged must be a “crime” as enumerated in
An owner or administrator with a criminal record may not operate a personal care home. Read More
The Healthcare Facility Regulation Division of the Department of Community Health appropriately fined Petitioner, a Community Living Arrangement (CLA), for its failure to train its staff to address a resident’s Behavioral Support Program. The failure to train violated CLA rules, which require a facility to have sufficient qualified and trained employees to safeguard residents’ welfare,
Facility fined because inadequate staff training endangered a resident. Read More
