Dominic Capraro, Author at Administrative Law Report

Civil penalty amount unsupported where no residents were in facility’s care.

The Department of Community Health was authorized to fine a community living arrangement (CLA) based on the failure of the owner to be present, or ensure that a staff member was present, during an annual inspection. However, the Department’s proposed fine amount was unsupported inasmuch as it was premised on the CLA’s commission of violations […]

Civil penalty amount unsupported where no residents were in facility’s care. Read More

Former superintendent not shown to have knowledge of alleged child abuse.

Educators

The Professional Standards Commission (“the Commission”) was not authorized to revoke the teaching certificate of the former superintendent of McIntosh County School District because it failed to demonstrate that the superintendent knew of allegations of a sexual relationship between a student and a high school teacher. The campus police chief’s testimony that he informed the

Former superintendent not shown to have knowledge of alleged child abuse. Read More

Agency’s definition of “moral turpitude” unchanged by case law.

Professional Licensing

A Department of Driver Services regulation prohibits recertification of a DUI Program Instructor or Director who has been convicted of a crime of “moral turpitude.” At the time the regulation was promulgated, Georgia courts held that the phrase encompassed shoplifting, and that a witness could be impeached through evidence that he or she committed such

Agency’s definition of “moral turpitude” unchanged by case law. Read More

Must affirmatively request chemical test to rescind refusal.

DUI

A DUI suspect was not shown to have rescinded his initial refusal to submit to a state-administered chemical test by virtue of the fact that he did not refuse to cooperate with a breath test after the arresting officer presented a search warrant and advised him that his failure to cooperate would result in an

Must affirmatively request chemical test to rescind refusal. Read More

Roadblock documentation may be admitted without testimony of supervising officer

DUI

The state need not produce the testimony of the supervising officer who implemented an administrative roadblock in order for documentation authorizing the roadblock to be admissible. Testimony of a trooper who was involved in executing the roadblock at issue was sufficient to lay the foundation for admission of the documents and to establish that they

Roadblock documentation may be admitted without testimony of supervising officer Read More

Doctor subject only to sanctions that are supported with evidence.

Professional Licensing

The Georgia Composite Medical Board (“the Board”) sought to fine a doctor for failing to employ adequate diagnostic, examination, treatment, and recordkeeping procedures in his treatment of one patient. Additionally, the Board requested that the doctor pay $265.00 as reimbursement for the peer review, and attend forty hours of continuing medical education. Finding that the

Doctor subject only to sanctions that are supported with evidence. Read More