June 2014 - Page 2 of 3 - Administrative Law Report

Food stamp recipient administratively disqualified and required to return overpayment.

A food stamp recipient was found to have committed food stamp fraud by failing to report her husband on her food stamp application. The clear and convincing evidence, which included evidence that her husband held himself out as living at that address and that she had never initiated judicial or administrative actions to collect child […]

Food stamp recipient administratively disqualified and required to return overpayment. Read More

Denial of reinstatement on Wrecker Rotation List reasonable.

Wrecker Services

The Department of Public Safety (DPS) properly exercised its discretion in denying Petitioner, a wrecker service, from reinstatement on the Wrecker Rotation List for the Georgia State Patrol. Petitioner, in applying for reinstatement, did not provide persuasive evidence of compliance with state laws. Although the DPS Manual does not specify required documentation, DPS did not

Denial of reinstatement on Wrecker Rotation List reasonable. Read More

Department’s failure to provide Deferred Adoption Assistance Agreement upon request before adoption justified entry into agreement after adoption.

Human Services

The Department of Human Services denied Petitioners, adoptive parents, entry into a Deferred Adoption Assistance Agreement, because the agreement was not entered into before the finalization of the adoption. However, the Petitioners requested the agreement before the adoption was finalized, and the Department’s failure to act constituted an extenuating circumstance, justifying entry into the agreement

Department’s failure to provide Deferred Adoption Assistance Agreement upon request before adoption justified entry into agreement after adoption. Read More

NCCI Manual requires refund of all excess insurance premiums.

Insurance

The Basic Manual for Workers’ Compensation and Employers’ Liability Insurance, published by the National Council on Compensation Insurance (NCCI), which is incorporated into all workers’ compensation policies in Georgia, can only reasonably be interpreted to require the refund of all excess premiums resulting from the misclassification of employees. The phrase “inception of the policy,” in

NCCI Manual requires refund of all excess insurance premiums. Read More

Reimbursement for job-related expenses not income for food stamp purposes.

Public Assistance

For purposes of determining food stamp eligibility, income does not include non-taxable per diem reimbursements for the expense of meals and lodging incurred in connection with employment.

Reimbursement for job-related expenses not income for food stamp purposes. Read More

Imminent danger to children justifies emergency closure of child care facility.

Early Care & Learning

The Georgia Department of Early Care and Learning properly ordered the emergency closure of a licensed family day care home as a result of the imminent danger posed to children. Specifically, a child in the facility’s care was admitted to the hospital for an emergency craniotomy. Available medical evidence suggested the toddler was subjected to

Imminent danger to children justifies emergency closure of child care facility. Read More