January 2016 - Administrative Law Report

In DUI arrest, state failed to establish probable cause given totality of the evidence.

Minor driving infractions (speeding, crossing the dashed lane marker, slightly grazing curb upon stopping), watery eyes, and moderate odor of alcohol, were insufficient to demonstrate probable cause when weighed against clear indicia that the driver was not intoxicated, including his clear speech, normal gait, and an appropriate responses to the officer’s questions.

In DUI arrest, state failed to establish probable cause given totality of the evidence. Read More

Vehicle auctioning companies subject to fine for failure to facilitate title transfers.

Consumer Protection

Vehicle auctioning companies violated the Fair Business Practices Act by failing to facilitate title transfers after selling motor vehicles to consumers, which in two cases resulted in the consumer losing possession of the vehicle. However, the Court upheld only the violations for which Office of Consumer Protections offered sufficient evidentiary support. Further, the Court reversed

Vehicle auctioning companies subject to fine for failure to facilitate title transfers. Read More

Federal court upholds OSAH judge’s decision that a school district’s evaluation did not fulfill IDEA requirements.

Special Education

Parents of a special needs child obtained an independent functional assessment after they determined that the school district’s evaluation was inappropriate. After the parents sought reimbursement for the evaluation, the school district appealed, arguing that its assessment was appropriate. Judge Baxter granted the parents’ request for an independent educational evaluation at public expense, finding that

Federal court upholds OSAH judge’s decision that a school district’s evaluation did not fulfill IDEA requirements. Read More

Indoor signs communicating advertisement to the outdoor public subject to regulation.

Outdoor Advertising

Advertisements visible to, and intended to be visible to, the outdoor traveling public are subject to regulation under the Georgia Outdoor Advertising Control Act, even where they are physically located inside of a building. Further, LED signs with changing messages are subject to regulation because, while they are not strictly covered under the statutory definition

Indoor signs communicating advertisement to the outdoor public subject to regulation. Read More

DEA investigation uncovers physician misconduct.

Professional Licensing

During an investigation by the Drug Enforcement Agency, a physician issued controlled substances prescriptions to undercover DEA officers, though they exhibited textbook signs of misuse and abuse of medications. Upon conducting its own investigation, the Georgia Composite Medical Board determined that the physician’s treatment of the agents, and six other patients, fell below the minimum

DEA investigation uncovers physician misconduct. Read More

License revoked for recklessly prescribing controlled substances.

Professional Licensing

The Court upheld the revocation of a physician’s license to practice medicine based on evidence that the physician continued to prescribe controlled substances to one patient despite drug screenings that indicated the patient was failing to take the medications as prescribed and was abusing illegal drugs on a regular basis. The physician also took no

License revoked for recklessly prescribing controlled substances. Read More