April 2015 - Page 2 of 3 - Administrative Law Report

Classified employee dismissed for failure to return to duty.

After a workplace injury, Petitioner was placed on leave without pay while she received worker’s compensation benefits. Once those benefits expired, the Department of Revenue paid out the annual and sick leave benefits that she had accumulated during her tenure. After exhausting all of her leave time and worker’s compensation benefits, Petitioner told the Department […]

Classified employee dismissed for failure to return to duty. Read More

Allegations that traffic stop was pretextual unsupported by evidence.

DUI

Petitioner challenged the traffic stop precipitating her arrest for DUI, citing purported evidence that the stop was pretextual. The Court declined to find a pretextual stop because the Petitioner’s evidence was refuted by the arresting officer’s credible testimony, which was corroborated by video evidence, that the stop was not premised on pretext, but rather on

Allegations that traffic stop was pretextual unsupported by evidence. Read More

Personal care home fined $36,400 for operating without a license.

Public Health

Petitioner was required to obtain a license for her facility, which fit the definition of a personal care home because it provided housing, food, and supervised the self-administration of medicine. When she neglected to obtain a license, even after receiving notice of the violation, she was fined a $100 penalty per resident for each of

Personal care home fined $36,400 for operating without a license. Read More

Evidence insufficient to establish a daycare provider caused an infant’s death.

Early Care & Learning

Petitioner, a Child Care Learning Center, retained its certificate to operate its facility—so long as it no longer operates an infant room—after the judge found insufficient evidence to establish the Petitioner’s admitted rule violations resulted in an infant’s death.

Evidence insufficient to establish a daycare provider caused an infant’s death. Read More

Decision to refrain from performing operation reasonable under the circumstances.

Professional Licensing

The Georgia Composite Medical Board sought disciplinary action against a surgeon for his decision not to immediately operate on a patient displaying signs of infection, but rather to wait until the following morning. However, considering the risks of immediate surgery given the patient’s unstable condition and the resources available to the surgeon, the Court concluded

Decision to refrain from performing operation reasonable under the circumstances. Read More

Testamentary devise to trust results in transfer penalty.

Public Assistance

Petitioner, a nursing home resident, was ineligible for Medicaid while her husband was alive because the couple’s combined resources exceeded program limits. When her husband died, all of the couple’s resources were transferred to a trust held for the sole benefit of their daughter per the terms of his will. Petitioner became resource-eligible for Medicaid

Testamentary devise to trust results in transfer penalty. Read More