Lisa Boggs

Wal-Mart store terminated from WIC participation for reproducing vendor stamp.

Public Health

Employees of a local Wal-Mart store reproduced the store’s state-issued WIC vendor stamp in violation of its vendor agreement, and used the unapproved stamp on fifty-seven WIC vouchers.  The Department of Public Health terminated the store’s vendor agreement, resulting in a disqualification period of one year.  Although reproduction of the stamp was done without store […]

Wal-Mart store terminated from WIC participation for reproducing vendor stamp. Read More

DFCS must make eligibility determination when SSA’s 90-day period elapses.

Medicaid Eligibility

When a Medicaid applicant applies for Supplemental Security Income through the Social Security Administration (SSA), DFCS generally does not make an independent determination of blindness or disability. Instead, SSA makes the eligibility determination. Under federal regulations, however, if an applicant has applied for both Medicaid and SSI, and SSA has not made a determination within

DFCS must make eligibility determination when SSA’s 90-day period elapses. Read More

Driver failed to demonstrate proper rescission of refusal to take test.

DUI

The driver did not meet his burden of showing he properly rescinded his initial refusal to take the state-administered chemical test.  Specifically, the driver did not rebut the corporal’s testimony that honoring the driver’s request was unreasonable because the corporal had other calls for service. Moreover, the driver was no longer under the arresting corporal’s

Driver failed to demonstrate proper rescission of refusal to take test. Read More

Affidavits to support opposition to a motion for summary determination must be sworn.

Professional Licensing

A physician attached two affidavits to her response to the Georgia Composite Medical Board’s (“Board’s”) motion for summary determination. The two affidavits, one of which was unsigned, and neither of which was sworn to in person before a notary public or other officer empowered to administer oaths, were invalid, and could not serve as competent

Affidavits to support opposition to a motion for summary determination must be sworn. Read More

Hearsay evidence insufficient to show unlicensed operation of personal care home.

Health Law

The Department of Community Health determined that Petitioner was operating an unlicensed personal care home based on residents’ statements that Petitioner provided them with regular meal services and assistance with their medications. However, the residents’ out-of-court statements were insufficient to establish that Petitioner was providing meals or assistance with medication.  Although Petitioner did not object

Hearsay evidence insufficient to show unlicensed operation of personal care home. Read More

DOT employee dismissed for making personal use of government vehicle.

Employment

The Georgia Department of Transportation (GDOT) launched an investigation into one of its employees in response to a report that the employee frequented a pool hall during work hours using his state-issued vehicle.  Using a GPS tracking device, the GDOT determined that the employee used the government vehicle to run personal errands, and that he

DOT employee dismissed for making personal use of government vehicle. Read More

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