April 2015 - Administrative Law Report

Governor Nathan Deal Appoints Larry O’Neal as the New Chief for the Georgia Tax Tribunal

The Office of State Administrative Hearings welcomes Governor Nathan Deal’s announcement that State House Majority Leader Larry O’Neal will serve as the next Chief Judge of the Georgia Tax Tribunal, a division of the Office of State Administrative Hearings that hears and resolves disputes between the Georgia Department of Revenue and taxpayers. Judge O’Neal […]

Governor Nathan Deal Appoints Larry O’Neal as the New Chief for the Georgia Tax Tribunal Read More

Arresting officers need not ensure that DUI suspects understand implied consent notice.

DUI

The fact that an arresting officer read a DUI suspect the implied consent notice shortly after advising him of his Miranda rights, including his right to an attorney, did not render the implied consent notice defective. Because the arresting officer read the applicable implied consent notice to the suspect, he was deemed under Georgia law

Arresting officers need not ensure that DUI suspects understand implied consent notice. Read More

Civil penalty reduced to $20 based on mitigating circumstances.

Tollway

Respondent failed to pay the Georgia 400 toll fee on 21 occasions as a result of his failure to register his new vehicle’s license plate number with his Peach Pass account. The $70 civil penalty per violation was reduced to $20 per violation because Respondent genuinely (albeit incorrectly) believed that he had provided his new

Civil penalty reduced to $20 based on mitigating circumstances. Read More

Civil penalty waived based on several mitigating circumstances.

Tollway

Respondent failed to pay the Georgia 400 toll fee on 177 separate occasions due to her failure to update her address, register her new license plate, and ensure that a balance remained on her Peach Pass account. By statute, Respondent must pay for each toll fee plus a $25 administrative fee for each violation. However,

Civil penalty waived based on several mitigating circumstances. Read More

Teaching certificate suspended 60 days for requesting changes to daughter’s transcript.

Educators

Petitioner, a former superintendent, violated the Code of Ethics for Educators when she requested that her daughter’s transcript be altered to show credit for a course she had not taken and allowed the school district to report her daughter as a dual-enrollment student for state funding purposes, knowing her grades would not be recorded as

Teaching certificate suspended 60 days for requesting changes to daughter’s transcript. Read More

Pain management physician’s medical license revoked for unprofessional conduct.

Professional Licensing

Petitioner, a physician working in a pain management clinic, exhibited numerous instances of unprofessional conduct related to prescribing controlled substances, resulting in revocation of her medical license. Petitioner violated minimum standards of acceptable and prevailing medical practice when she failed to appropriately monitor, evaluate, and document numerous patients for whom she prescribed pain medication, including

Pain management physician’s medical license revoked for unprofessional conduct. Read More