February 2014

Formal rulemaking unnecessary because new rule complied with federal law.

Vocational Rehabilitation

The Georgia Vocational Rehabilitation Agency (GVRA) correctly determined that Petitioner, a student, no longer met the financial need criteria for GVRA financial assistance due to a change in policy.  The charge in policy complied with federal law and was not required to be promulgated through formal rulemaking procedures.  Under the new rule, because Petitioner was […]

Formal rulemaking unnecessary because new rule complied with federal law. Read More

A conditional discharge is not a criminal conviction for purposes of food stamp benefits.

Public Assistance

The Office of Inspector General (OIS) was not permitted to administratively disqualify Petitioner, a food stamp recipient, from receiving benefits, nor could it collect an overissuance of food stamps.  OIS asserted that Petitioner had committed food stamp fraud by failing to report a felony drug charge.  However, as Petitioner was not convicted for the felony

A conditional discharge is not a criminal conviction for purposes of food stamp benefits. Read More

Real Property Appraiser license revoked for negligence and incompetence in appraising property value.

Real Estate

Respondent’s State Certified Residential Real Property Appraiser license was appropriately revoked after he conducted a property appraisal that contained numerous inconsistencies, errors, and omissions of required information.  The failure to employ the techniques necessary to produce an accurate and credible appraisal resulted in the valuation of a property at $145,500, instead of its true fair

Real Property Appraiser license revoked for negligence and incompetence in appraising property value. Read More

Cannot deny food stamp benefits when recipient unable to comply with renewal interview.

Public Assistance

In the absence of refusal to comply with the renewal process, the Division of Family and Children Services (DFCS) could not disqualify Petitioner from food stamp participation for merely failing to complete the interview portion of the renewal application process.  Petitioner never received the scheduled interview call, and Respondent’s non-functioning communication channels stymied Petitioner’s efforts

Cannot deny food stamp benefits when recipient unable to comply with renewal interview. Read More

Medically Fragile Daycare benefits cannot be terminated where required to prevent regression.

Health Law

Petitioner, a child in the Medically Fragile Daycare (MFDC) program, was granted six additional months in the program because she (1) meets the Skilled Nursing Level of Care, (2) receives 100% of her daily calories via a G-tube, (3) has services ordered by a physician, and (4) requires services that are so inherently complex that

Medically Fragile Daycare benefits cannot be terminated where required to prevent regression. Read More

Manager of group homes dismissed because of financial irregularities and security breaches.

Employment

Petitioner was appropriately dismissed under the State Personnel Board Rule that permits a classified employee to be terminated for “negligence or inefficiency in performing assigned duties.”  Petitioner’s duties included managing and supervising the operation of two group homes. Her incompetence and negligence were demonstrated by, first, a strong pattern of financial irregularities at the facilities,

Manager of group homes dismissed because of financial irregularities and security breaches. Read More

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