January 2017 - Page 2 of 4 - Administrative Law Report

Hearsay within hearsay was not admissible under the business/public records exception.

Although inspection reports and a sheriff’s report could be admissible under the business and/or public records exceptions to the hearsay rule, the statements from third parties within those reports did not fall under those exceptions and, as they did not fit under other exceptions to the hearsay rule, they were inadmissible.

Hearsay within hearsay was not admissible under the business/public records exception. Read More

State could not rely on documentation of criminal conviction to meet its burden in administrative case.

Educators

The Professional Standards Commission sought to sanction an educator’s certificate based, in part, on her alleged violation of the standards governing honesty, confidentiality, and required reports. However, the Commission introduced no evidence in support of the allegations at the hearing, but instead relied on the Indictment and Final Disposition from the educator’s criminal trial. The

State could not rely on documentation of criminal conviction to meet its burden in administrative case. Read More

Educator suspended for showing up to school intoxicated.

Educators

The results of a preliminary breath test performed on a portable device were entitled to no evidentiary weight absent evidence that the device was approved for use as an initial alcohol screening device, and could not support the Professional Standards Commission’s finding that a teacher showed up to school intoxicated, especially where the officer who

Educator suspended for showing up to school intoxicated. Read More

Permit for Sea Island’s groin project did not violate Shore Protection Act.

Environmental Law

The Shore Protection Committee issued a permit to Sea Island Acquisition, LLC, for the construction and maintenance of a rock groin near the southern end of Sea Island in Glynn County. The new groin would be accompanied by beach nourishment and dune construction. Petitioners—consisting of environmental advocacy groups—argued that the groin project violated the Shore

Permit for Sea Island’s groin project did not violate Shore Protection Act. Read More

Duplicate food stamp benefits must be recouped from the ineligible household.

Health Law

Where two households claimed the same child as a household member for the purpose of obtaining food stamp benefits, resulting in the issuance of duplicate benefits, the correct action was to recoup benefits from the head of household that falsely claimed that the child continued to reside with her, not to seek recoupment from the

Duplicate food stamp benefits must be recouped from the ineligible household. Read More

Care management organization failed to demonstrate authority to recover reimbursements.

Public Health

Peach State Health Plan (Peach State), a care management organization (CMO) sought to recover payments made to JLD, a speech therapy provider, based primarily on its determination that JLD failed to document the duration of speech therapy sessions. However, in the absence of a contract provision holding otherwise, such payments were “voluntary” under Georgia law.

Care management organization failed to demonstrate authority to recover reimbursements. Read More