Petitioner contested the suspension of his driver’s license following a DUI arrest. At the hearing, while the arresting officer testified that he read the implied consent notice to the Petitioner, he did not read the implied consent notice card into the record, nor did he tender a copy of the card as an exhibit. Absent evidence […]
Officer must read implied consent notice or tender card into the record. Read More
Petitioner’s name was properly placed on the Nurse Aide Registry for neglecting a resident after Petitioner, in response to a resident’s yelling, repeatedly poured water directly into a resident’s open mouth while the resident was lying flat on his back in bed. Petitioner’s actions constituted neglect as they could have caused aspiration and, as such,
The Department of Human Services, Office of the Inspector General (OIS), failed to prove by clear and convincing evidence that Respondent committed an intentional food stamp program violation. OIS sought to prove that Respondent lived with the father of one of her children, yet did not report his income in applying for food stamp benefits.
Use of mailing address did not prove living arrangement in light of other evidence. Read More
The Department of Community Health (DCH) could not terminate Petitioner’s SOURCE benefits on the grounds that his limitations stem from a developmental disability, thereby placing him outside the program’s target population. Petitioner was not born mentally disabled or developmentally delayed but, rather, suffered cognitive loss as a result of seizures. Furthermore, Petitioner meets the requisite intermediate
Cognitive loss caused by seizures within target population for SOURCE. Read More
Petitioner’s request for reconsideration of an ALJ’s final decision was denied because the Petitioner filed the request more than 10 days after entry of the final decision and Petitioner did not proffer any intervening development, change in controlling law, or any grounds to support the grant of such an extraordinary remedy.
Request for reconsideration denied. Read More
Petitioner established standing to contest the Georgia Department of Natural Resources’s grant of a land-application-system permit for construction of a wastewater treatment facility on land that was hydrologically connected to Petitioner’s property. Petitioner proved that that he was aggrieved or adversely affected by the permit by (1) demonstrating an injury in fact to the aesthetic and
