Lisa Boggs, Author at Administrative Law Report

Evidence of nurse kicking, hitting adult patient leads to order for license revocation

The Nursing Board sought to revoke an LPN’s license based on evidence that the nurse had kicked, hit, and pushed an adult patient with developmental disabilities. In affirming the Nursing Board’s decision, Judge Walker rejected the LPN’s assertion that he had been unprepared for the aggressive behavior and had feared for his life during one […]

Evidence of nurse kicking, hitting adult patient leads to order for license revocation Read More

Permits for outdoor signs properly denied due to issues with signs’ spacing and placement

Outdoor Advertising

Judge Howells affirmed GDOT’s denial of an application for outdoor advertising permits for two proposed signs, where the placement of the first sign did not comport with rules regarding the spacing between such signs and the placement of the second sign was in a block-out zone.

Permits for outdoor signs properly denied due to issues with signs’ spacing and placement Read More

Landfill’s permit holder lacked standing to seek refund from state’s Solid Waste Trust Fund

Environmental Law

After foreclosure of a landfill, the new permit holder sought the return of funds deposited into the Solid Waste Trust Fund by the previous permit holder. In granting summary determination for the Environmental Protection Division, the Court determined the new permit holder lacked standing to bring such a claim.

Landfill’s permit holder lacked standing to seek refund from state’s Solid Waste Trust Fund Read More

Educator not required to report DUI conviction to PSC

Educators

Judge Teate granted summary determination in favor of an educator, after concluding that the educator was not required to report a 2008 DUI conviction to the Professional Standards Commission.

Educator not required to report DUI conviction to PSC Read More

Ethics commission’s case against candidate dismissed on statute of limitations grounds

Elections

In granting a candidate’s motion to dismiss, an OSAH Judge concluded that this particular adverse action—which the Georgia Government Transparency and Campaign Finance Commission commenced itself, as opposed to being commenced by a third-party complaint—fell outside the relevant statute of limitations. Update: On January 28, 2022, the chairman of the Georgia Government Transparency and Campaign

Ethics commission’s case against candidate dismissed on statute of limitations grounds Read More

Dismissal granted in case alleging violation of campaign contribution limits

Elections

Judge Walker granted a motion to dismiss allegations against a candidate for public office, brought by the Georgia Government Transparency and Campaign Finance Commission. The Judge concluded the existing law prohibiting “affiliated corporations” from exceeding maximum allowable contributions only punishes the donor, and not the candidate.

Dismissal granted in case alleging violation of campaign contribution limits Read More