Dominic Capraro, Author at Administrative Law Report

Employee was not provided with adequate notice of grounds for demotion.

A community service board was not authorized to demote a classified employee for alleged “misconduct,” “inefficiency in performing assigned duties” and “conduct reflecting discredit” on the board where the notice of the proposed demotion provided only that the board had received complaints from six employees, without describing the complaints or identifying the complainants. Further, the […]

Employee was not provided with adequate notice of grounds for demotion. Read More

Driver did not refuse test where he provided one adequate breath sample.

DUI

A driver agreed to submit to a state-administered breath test after he was arrested for DUI and read the implied consent notice. During the test, the driver provided one adequate breath sample, but failed to provide a second sample. The officer thereafter indicated on the form initiating license suspension proceedings that the driver refused to

Driver did not refuse test where he provided one adequate breath sample. Read More

Revocation of registration to operate daycare does not require denial of paraprofessional license.

Educators

The Professional Standards Commission denied Petitioner’s paraprofessional license application due to a 2012 arrest that resulted in the revocation of her registration to operate a daycare center. Petitioner was arrested for Cruelty to Children in 2012 due to her conduct in leaving children in her care alone with a gun and subsequently allowing two of

Revocation of registration to operate daycare does not require denial of paraprofessional license. Read More

LPN’s license revoked for diverting meds and failing to undergo examination.

Professional Licensing

A licensed practical nurse (LPN) was ordered by the Georgia Board of Nursing to undergo a mental/physical examination following conduct in 2012 involving diverting narcotics, destroying records, and testing positive for opiates. The Board sought to revoke the LPN’s license after she failed to comply with the Board’s order, and continued to engage in misconduct

LPN’s license revoked for diverting meds and failing to undergo examination. Read More

Daycare’s license revoked for employing individual with unsatisfactory background check.

Early Care & Learning

The Department of Early Care and Learning notified the owner of a family day care home (FDCH) that it could not make a fitness determination with regard to two of its employees for lack of complete files, and that the employees were therefore prohibited from providing services at the FDCH. However, on multiple occasions, a

Daycare’s license revoked for employing individual with unsatisfactory background check. Read More

Reflex action is not “willful.”

Nurse Aide Registry

A nurse aide was not shown to have abused a resident where the evidence on record showed that she slapped the resident “reflexively” in response to being struck in the face, as “abuse” under the governing regulation requires a showing of willfulness.

Reflex action is not “willful.” Read More