Dominic Capraro

In DUI arrest, state failed to establish probable cause given totality of the evidence.

DUI

Minor driving infractions (speeding, crossing the dashed lane marker, slightly grazing curb upon stopping), watery eyes, and moderate odor of alcohol, were insufficient to demonstrate probable cause when weighed against clear indicia that the driver was not intoxicated, including his clear speech, normal gait, and an appropriate responses to the officer’s questions.

In DUI arrest, state failed to establish probable cause given totality of the evidence. Read More

Agency authorized to remove food stamps balance after twelve months of inactivity.

Public Assistance

The Division of Family and Children Services (“DFCS”) removed, or “expunged” the balance of Petitioner’s food stamps benefits after he failed to access those benefits for a period exceeding twelve months. DFCS continued to expunge monthly benefit amounts from Petitioner’s account as each benefit amount “aged” to twelve months.  The Court held that DFCS’s action

Agency authorized to remove food stamps balance after twelve months of inactivity. Read More

Use of profanity in presence of resident does not, per se, constitute abuse.

Nurse Aide Registry

A certified nurse aide’s mere use of profanity in the presence of a resident did not amount to abuse in the absence of evidence that it was done with the purpose of inflicting injury, unreasonable confinement, intimidation, or punishment or that her statements caused the resident physical harm, pain, or mental anguish.  Moreover, Petitioner’s conduct,

Use of profanity in presence of resident does not, per se, constitute abuse. Read More

Agency waived deadline for requesting administrative review through course of conduct.

Health Law

The Department of Community Health (“the Department”) instructed multiple Medicaid providers to contact a representative of Hewlett Packard (“HP”), its agent, after notifying them that it would seek recoupment of alleged overpayments attributable to errors in its claims processing system.  The providers were not notified of a date by which to request an administrative review

Agency waived deadline for requesting administrative review through course of conduct. Read More

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