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
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
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
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
The Georgia Court of Appeals upheld the decision of the Georgia Tax Tribunal, concurring with Judge Beaudrot’s holding that a government contractor that purchased materials within Georgia was a retail consumer, and therefore liable for sales tax on the materials.
Court of Appeals upholds Tax Tribunal decision on sales tax liability. Read More
Financial eligibility for the Service Options Using Resources in Community Environments (SOURCE) Program is not dependent upon whether the individual is categorically eligible for Medicaid due to his or her receipt of Supplemental Security Income. Rather, under the terms of the Waiver, eligibility extends to individuals whose incomes are less than three times the SSI
SOURCE participation not limited to SSI recipients. Read More
