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Mere presence of alcohol does not, by itself, support an inference of impairment.

Police officer did not have probable cause to arrest Petitioner for driving under the influence or refusing to consent to a state-administered chemical test because, while Petitioner, who had been stopped at a roadblock, admitted to drinking, the officer presented no evidence that he had seen any signs of impairment.  The mere presence of alcohol

Mere presence of alcohol does not, by itself, support an inference of impairment. Read More

Educator’s license suspended, not revoked, following a charge of drug possession.

A pre-trial diversion program does not constitute a “conviction” within the meaning of the Code of Ethics for Educators.  Because Petitioner was convicted of only one misdemeanor possession of marijuana, and not two, and because of the circumstances surrounding his commission of the offense, Petitioner’s educator’s license was suspended for ninety days and was not

Educator’s license suspended, not revoked, following a charge of drug possession. Read More

Statistical extrapolation valid method of determining overpayments.

The Department of Community Health (DCH) recouped overpayments made to a dentist under the Medicaid and PeachCare for Kids programs where payments were for services that were inadequate to correct patients’ dental problems, were unsupported by radiographic documentation, and were for behavior management of an over-age child.  DCH was permitted to use a statistically valid

Statistical extrapolation valid method of determining overpayments. Read More

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