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An owner or administrator with a criminal record may not operate a personal care home.

Health Law

Georgia law forbids the State from issuing a Personal Care Home license to any applicant with a criminal record.  However, it is not enough for the owner or administrator to have committed any violation of the law.  The violation for which the owner has been arrested and charged must be a “crime” as enumerated in […]

An owner or administrator with a criminal record may not operate a personal care home. Read More

Facility fined because inadequate staff training endangered a resident.

Health Law

The Healthcare Facility Regulation Division of the Department of Community Health appropriately fined Petitioner, a Community Living Arrangement (CLA), for its failure to train its staff to address a resident’s Behavioral Support Program. The failure to train violated CLA rules, which require a facility to have sufficient qualified and trained employees to safeguard residents’ welfare,

Facility fined because inadequate staff training endangered a resident. Read More

Formal rulemaking unnecessary because new rule complied with federal law.

Vocational Rehabilitation

The Georgia Vocational Rehabilitation Agency (GVRA) correctly determined that Petitioner, a student, no longer met the financial need criteria for GVRA financial assistance due to a change in policy.  The charge in policy complied with federal law and was not required to be promulgated through formal rulemaking procedures.  Under the new rule, because Petitioner was

Formal rulemaking unnecessary because new rule complied with federal law. Read More

A conditional discharge is not a criminal conviction for purposes of food stamp benefits.

Public Assistance

The Office of Inspector General (OIS) was not permitted to administratively disqualify Petitioner, a food stamp recipient, from receiving benefits, nor could it collect an overissuance of food stamps.  OIS asserted that Petitioner had committed food stamp fraud by failing to report a felony drug charge.  However, as Petitioner was not convicted for the felony

A conditional discharge is not a criminal conviction for purposes of food stamp benefits. Read More

Real Property Appraiser license revoked for negligence and incompetence in appraising property value.

Real Estate

Respondent’s State Certified Residential Real Property Appraiser license was appropriately revoked after he conducted a property appraisal that contained numerous inconsistencies, errors, and omissions of required information.  The failure to employ the techniques necessary to produce an accurate and credible appraisal resulted in the valuation of a property at $145,500, instead of its true fair

Real Property Appraiser license revoked for negligence and incompetence in appraising property value. Read More

Cannot deny food stamp benefits when recipient unable to comply with renewal interview.

Public Assistance

In the absence of refusal to comply with the renewal process, the Division of Family and Children Services (DFCS) could not disqualify Petitioner from food stamp participation for merely failing to complete the interview portion of the renewal application process.  Petitioner never received the scheduled interview call, and Respondent’s non-functioning communication channels stymied Petitioner’s efforts

Cannot deny food stamp benefits when recipient unable to comply with renewal interview. Read More

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