Lisa Boggs, Author at Administrative Law Report

Officer’s decision to shoot at fleeing intruder constituted grounds for revoking certification

This case concerned a proposed revocation of a peace officer’s certification after the officer, while off duty and under the influence of alcohol, shot at an intruder in his home who was running away at the time. In upholding the revocation, the Court concluded the officer’s use of deadly force in this instance “demonstrated a […]

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Organization fined $2,000 after Court concludes it operated as “independent committee” during election

Elections

The Court imposed a total of $2,000 in civil fines against an organization that raised and spent funds to defeat two members in Muscogee school board elections. The Court concluded the organization had been acting as an independent committee and had failed to file the required disclosure reports and comply with contribution limits.

Organization fined $2,000 after Court concludes it operated as “independent committee” during election Read More

Officer referring to “required tests” did not substantially change implied-consent notice

DUI

In affirming DDS’s suspension of a driver’s license, the Court rejected the driver’s argument that the arresting officer had improperly read the implied-consent notice to the point of being misleading. The officer had reverted to an older version of the implied-consent notice, which referred to the driver submitting to “required” chemical tests, as opposed to

Officer referring to “required tests” did not substantially change implied-consent notice Read More

Absent proof of emergency circumstances, facility must give notice before discharging patient

Bill of Rights

This case involved a long-term-care facility seeking an involuntary transfer of a PTSD patient who had a history of altercations with other patients. The Court reversed the discharge decision, on the grounds the facility had no evidence that an actual emergency existed at the time the discharge had been sought. As no emergency existed, the

Absent proof of emergency circumstances, facility must give notice before discharging patient Read More

Husband’s foreign pension must be verified when determining applicant’s food-stamp eligibility

Public Assistance

The Court upheld the denial of food stamps for an applicant whose husband, a Swedish citizen, received a pension from another country. The Court concluded that food-stamp regulations and DFCS’s policies required that the pension be considered income and therefore verified. As the pension funds were not verified, the applicant’s denial was proper.

Husband’s foreign pension must be verified when determining applicant’s food-stamp eligibility Read More

Test results provided by applicant insufficient to reverse denial of NOW/COMP application

Medicaid Eligibility

In upholding DBHDD’s denial of an application for NOW/COMP benefits, the Court concluded there was insufficient evidence the applicant had significantly impaired adaptive functioning in at least three areas. Although the applicant presented one report that appeared to show significant deficits in functioning, the Court gave that report less weight because the results fell “far

Test results provided by applicant insufficient to reverse denial of NOW/COMP application Read More