The parent company of several WIC-participating grocery stores used a generic four-digit rotary stamp to clarify the store numbers on vouchers that had been returned for illegible or missing vendor stamp imprints. The Department of Public Health sought to terminate WIC participation for several of the company’s stores based on its determination that such practice […]
A Department of Driver Services regulation prohibits recertification of a DUI Program Instructor or Director who has been convicted of a crime of “moral turpitude.” At the time the regulation was promulgated, Georgia courts held that the phrase encompassed shoplifting, and that a witness could be impeached through evidence that he or she committed such
Agency’s definition of “moral turpitude” unchanged by case law. Read More
The Professional Standards Commission (“the Commission”) was not authorized to revoke the teaching certificate of the former superintendent of McIntosh County School District because it failed to demonstrate that the superintendent knew of allegations of a sexual relationship between a student and a high school teacher. The campus police chief’s testimony that he informed the
Former superintendent not shown to have knowledge of alleged child abuse. Read More
The Department of Community Health was authorized to fine a community living arrangement (CLA) based on the failure of the owner to be present, or ensure that a staff member was present, during an annual inspection. However, the Department’s proposed fine amount was unsupported inasmuch as it was premised on the CLA’s commission of violations
Civil penalty amount unsupported where no residents were in facility’s care. Read More
A nurse aide was not shown to have abused a resident where the evidence on record showed that she slapped the resident “reflexively” in response to being struck in the face, as “abuse” under the governing regulation requires a showing of willfulness.
Reflex action is not “willful.” Read More
The Department of Early Care and Learning notified the owner of a family day care home (FDCH) that it could not make a fitness determination with regard to two of its employees for lack of complete files, and that the employees were therefore prohibited from providing services at the FDCH. However, on multiple occasions, a
Daycare’s license revoked for employing individual with unsatisfactory background check. Read More
