August 2015

Affidavits to support opposition to a motion for summary determination must be sworn.

Professional Licensing

A physician attached two affidavits to her response to the Georgia Composite Medical Board’s (“Board’s”) motion for summary determination. The two affidavits, one of which was unsigned, and neither of which was sworn to in person before a notary public or other officer empowered to administer oaths, were invalid, and could not serve as competent […]

Affidavits to support opposition to a motion for summary determination must be sworn. Read More

Hearsay evidence insufficient to show unlicensed operation of personal care home.

Health Law

The Department of Community Health determined that Petitioner was operating an unlicensed personal care home based on residents’ statements that Petitioner provided them with regular meal services and assistance with their medications. However, the residents’ out-of-court statements were insufficient to establish that Petitioner was providing meals or assistance with medication.  Although Petitioner did not object

Hearsay evidence insufficient to show unlicensed operation of personal care home. Read More

DOT employee dismissed for making personal use of government vehicle.

Employment

The Georgia Department of Transportation (GDOT) launched an investigation into one of its employees in response to a report that the employee frequented a pool hall during work hours using his state-issued vehicle.  Using a GPS tracking device, the GDOT determined that the employee used the government vehicle to run personal errands, and that he

DOT employee dismissed for making personal use of government vehicle. Read More

Nurse aide misappropriated resident’s anti-anxiety medication for her boyfriend.

Nurse Aide Registry

A certified nurse aide was fired from a nursing facility after her boyfriend reported to the facility that she had provided him with an anti-anxiety drug that had been prescribed to one of the nursing facility’s residents.  The boyfriend subsequently returned the resident’s medication to the facility.  The boyfriend later recanted, and claimed that he

Nurse aide misappropriated resident’s anti-anxiety medication for her boyfriend. Read More

State failed to prove that principal directed faculty to assist students during CRCT.

Educators

A principal of an elementary school in the Atlanta Public School system was accused of violating the Code of Ethics for Educators by allegedly instructing faculty to point out correct answers to students during administration of the Criterion-Referenced Competency Test.  However, the Court found that the allegations against the principal were unfounded because the testimony

State failed to prove that principal directed faculty to assist students during CRCT. Read More

Storing residents’ medications does not constitute operation of personal care home.

Health Law

The Department of Community Health sought to fine the owners of an informal “halfway house” $104,000 for allegedly operating an unlicensed personal care home.  However, the “assistance” provided by the owners – storing the residents’ medications in a personal vault and taking them out of the vault twice a day for the residents to self-administer

Storing residents’ medications does not constitute operation of personal care home. Read More

Scroll to Top