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Personal care facility fined for failure to prevent patient elopement.

Health Law

The Department of Community Health (DCH) imposed a fine of $601 on Petitioner for failure to provide proper supervision and oversight of a patient.  Petitioner’s lapse led to the elopement of a schizophrenic patient on four separate occasions.  Petitioner failed to contact DCH on three of the occasions, breaching personal care home rules, although Petitioner

Personal care facility fined for failure to prevent patient elopement. Read More

Probationary insurance license for reformed First Offender.

Insurance

Judge Walker reversed the Department of Insurance’s decision to deny Petitioner an insurance license. Even though Petitioner had received First Offender treatment for one felony count of theft by shoplifting—a valid basis for denying a license—she has since demonstrated honesty and transparency regarding her conviction.  She successfully completed probation early and has maintained numerous employment

Probationary insurance license for reformed First Offender. Read More

Request for attorney before consenting to state-administered chemical testing construed as a refusal.

DUI

Judge Wood affirmed the decision of the Georgia Department of Driver Services (DDS) to suspend Petitioner’s license for refusing to submit to a state-administered chemical test for suspected driving under the influence.  Petitioner refused to consent because she was not first given the opportunity to consult with a lawyer.  Under the Georgia Implied Consent Law,

Request for attorney before consenting to state-administered chemical testing construed as a refusal. Read More

No intentional program violation but recoupment for over-issuance permitted.

Inspector General

Respondent did not disclose certain financial information in her food stamp recertification.  The Office of Inspector General (OIG) sought to disqualify her from Food Stamp Program participation on the basis of an intentional program violation.  Because there was insufficient evidence to establish her lapses were intentional under a clear and convincing standard, Judge Langston reversed

No intentional program violation but recoupment for over-issuance permitted. Read More

Interloctory order in insurance case.

Insurance

The Commissioner of Insurance filed a show cause order against several respondents relating to the sale of limited medical insurance benefits as part of expanded membership in the National Better Living Association (NBLA).  On cross motions for summary determination, Judge Schroer ruled on four issues.  First, she denied NBLA’s motion for summary determination on the

Interloctory order in insurance case. Read More

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