Lisa Boggs, Author at Administrative Law Report

Agency did not follow proper procedures in terminating member’s NOW/COMP services

This case involved the termination of a patient’s Medicaid benefits under the New Options Waiver and Comprehensive Supports Waiver Program (“NOW/COMP”). The Court concluded the agency had improperly terminated the patient’s NOW/COMP benefits, despite the patient’s request to continue receiving benefits pending a hearing decision in the matter. The Court also determined the termination letter […]

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Individual barred from being applicant for real estate license has no right to administrative hearing

Direct Appeal

This matter involved a Petition for Direct Appeal filed by an individual seeking a real estate salesperson’s license. In denying the Petition, the Court concluded the petitioner—who was statutorily barred from being an applicant due to his criminal history—did not have a right to an administrative hearing under the law.

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Officer asking for more than one type of chemical test did not invalidate implied-consent notice

DUI

In affirming the license suspension following a driver’s DUI arrest, the Court rejected the driver’s argument that the arresting officer’s reading of the implied-consent notice was insufficient. The officer had asked the driver whether she would consent to a “blood and/or breath test.” The Court concluded this designation did not render the implied-consent notice inaccurate,

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ELECTION 2022: Candidate for Senate District 18 did not meet residency qualifications

Elections

This case involved a residency challenge to candidate Diane Vann, who sought the seat in Georgia Senate District 18. The Court concluded Ms. Vann was not qualified to run for this office, as recent redistricting had placed her residence in a different district.

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ELECTION 2022: Scope of administrative hearing limited to whether Public Service Commission candidate met statutory and constitutional requirements for office

Elections

Patty Durand, a candidate for the District 2 seat in the Public Service Commission, faced a challenge to her candidacy on the grounds that she did not meet the residency requirement. At the hearing, Ms. Durand argued that text communications between existing commissioners showed they had deliberately sought to cut Ms. Durand out of District

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ELECTION 2022: Residency requirement does not apply to candidate seeking to fill unexpired term for Georgia Public Service Commission seat

Elections

This case involved a challenge to the candidacy of Shelia Edwards for the District 3 seat on the Georgia Public Service Commission. The Court concluded Ms. Edwards did qualify as a candidate. Because Ms. Edwards is seeking to complete the unexpired term of a commissioner who vacated his position, she does not have to meet

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