A driver sought judicial review of an OSAH decision suspending his license following a DUI arrest. The driver argued that the implied consent statute under O.C.G.A. § 40-5-67.1 was unconstitutional, and specifically that an officer’s demand for a blood test during a DUI arrest is unconstitutional. A judge for the Superior Court of Fulton County […]
The Department of Early Care and Learning (DECAL) denied an applicant’s request for a license to operate a childcare learning center. The Court upheld this denial, based on evidence that the applicant had submitted to DECAL a letter from a county zoning office that had been deliberately altered by the applicant.
Deliberately altered zoning letter justified denial of childcare-license application Read More
This matter involved the denial of Title IV-E adoption assistance benefits for a child whose previous adoptive parent had passed away. The Division of Family and Children Services (DFCS) denied the new adoptive parents’ application for renewed benefits, on the grounds that the contract reached between DFCS and the former adoptive parent eight years earlier
Agency must continue to honor its contract to provide adoption assistance to child Read More
In granting summary determination for the Georgia Department of Transportation (GDOT), the Court concluded that a business lacked the appropriate permit for an “off-premises” sign (i.e., a sign that is unrelated to the activities conducted at the sign’s actual location). Although the sign may have been permitted at one point more than 40 years prior,
GDOT correctly determined that business lacked proper permit for “off-premises” sign Read More
The Georgia Composite Medical Board sought sanctions against one of its licensed physicians for purportedly failing to notify the Board that he had entered an alcohol-abuse treatment program. The Court concluded that, while the physician failed to meet the 30-day reporting requirement, the evidence showed he made a good-faith effort to submit the required notification,
An individual receiving services from the Georgia Vocational Rehabilitation Agency (GVRA) filed a Petition for Direct Appeal, claiming GVRA had not forwarded his request for a hearing to this Court. Over GVRA’s objections, the Court granted the Petition, finding that federal law clearly authorized the individual to seek a due process hearing to challenge GVRA’s
Challenge to GVRA decision constituted a “contested case” appealable to OSAH Read More
