January 2016 - Page 2 of 3 - Administrative Law Report

Vendor terminated for failure to meet minimum square footage requirement.

The Georgia WIC Program requires vendors to maintain 3,000 square feet of continuous retail food sales space open to the public, including administrative and storage space. The store at issue only contained 2,138 square feet of continuous retail food sales space, including administrative and storage space. Thus, the Department was required to terminate the vendor […]

Vendor terminated for failure to meet minimum square footage requirement. Read More

Weight of vehicle obtained on uncalibrated scale insufficient to establish violation.

Overweight Trucks

The Department of Public Safety failed to demonstrate that the weight of a tractor-trailer’s axles exceeded permitted limits because the static scale used to measure the axle weights had not been calibrated and the trucking company presented credible evidence to refute the accuracy of the weighing.

Weight of vehicle obtained on uncalibrated scale insufficient to establish violation. Read More

Qualified aliens subject to five-year waiting period before receiving Medicaid.

Public Assistance

Petitioner and his family, all of whom entered the United States legally in 2012, were ineligible for Medicaid during a mandatory five-year “waiting period” absent a showing that they met a statutorily-prescribed exception.

Qualified aliens subject to five-year waiting period before receiving Medicaid. Read More

Adopted child entitled to continued assistance lost due to agency’s failure to inform.

Public Assistance

An agency representative failed to advise adoptive parents of a twelve-year-old child that signing the adoption agreement before the child turned thirteen precluded the child from accessing continued benefits in the event she attended college after she turned eighteen. This non-disclosure departed from the agency’s rules and regulations, and entitled the child to continued benefits

Adopted child entitled to continued assistance lost due to agency’s failure to inform. Read More

Evasive, unreliable testimony regarding criminal record insufficient to establish mitigation.

Health Law

The Department of Community Health denied an application for authorization to work at a personal care home due to two felony convictions. Although the applicant initially testified that she had since been involved in no criminal activity, she admitted during cross-examination that charges of financial transaction card fraud were pending against her. The Court upheld

Evasive, unreliable testimony regarding criminal record insufficient to establish mitigation. Read More

Parolee qualified to work at personal care facility due to mitigating factors.

Health Law

An applicant was denied authorization to work in a personal care home owing to her conviction for three non-violent felony offenses in 2009. At the time she sought authorization, the applicant was on parole and had yet to complete the terms of her sentence. However, she established that she was qualified to work in a

Parolee qualified to work at personal care facility due to mitigating factors. Read More