Lisa Boggs, Author at Administrative Law Report

Engineer demoted for negligence and inefficiency in performing assigned duties.

The Georgia Department of Transportation (“DOT”) demoted Petitioner from Assistant Area Engineer to Construction Project Engineer after he failed to follow up with his contractors to ensure that the DOT’s permits were updated and, in a separate incident, unilaterally approved his contractor to undercut and fill large areas of a road, resulting in cost overruns. […]

Engineer demoted for negligence and inefficiency in performing assigned duties. Read More

Special needs student may be disciplined for conduct that is not attributable to his disability.

Special Education

Petitioner, a high school student with special needs, was found to be in possession of a bottle of tequila while on campus. After a Manifestation Determination Review Committee determined that his conduct was unrelated to his disability, Petitioner was suspended for the remainder of the school year, though he could receive home-based services. Petitioner’s representatives

Special needs student may be disciplined for conduct that is not attributable to his disability. Read More

Court Martial not an automatic bar to licensure.

Insurance

The Georgia Department of Insurance denied Petitioner’s application based upon his conviction for two violations of the Uniform Code of Military Justice while serving in the United States Navy. The Court concluded that Petitioner could be granted a license, despite his criminal history, because Petitioner demonstrated that he was fit for licensure through evidence of

Court Martial not an automatic bar to licensure. Read More

State employee discharged for sending threatening e-mail.

Employment

The Department of Corrections suspended, and thereafter terminated Petitioner, a classified employee, for sending an e-mail containing threatening language and vivid descriptions of violence to another employee. Petitioner appealed, contending that the purpose of the e-mail was to point out deficits in workplace security. The Court upheld Petitioner’s termination inasmuch as a reasonable person would

State employee discharged for sending threatening e-mail. Read More

Nursing license revoked for criminal conviction and failure to notify licensing authority.

Professional Licensing

Respondent, a licensed practical nurse, was convicted of theft by taking, a felony, and thereafter failed to notify the Georgia Board of Nursing (the Board) within the mandated time period, whereupon the Board instituted disciplinary proceedings against her license. The Court recommended that Respondent’s license be revoked based upon the gravity of the criminal offense

Nursing license revoked for criminal conviction and failure to notify licensing authority. Read More

Educator’s criminal convictions warrant three-year suspension, but not revocation, of teaching certificate.

Educators

Petitioner, an educator, pled guilty to possession of cocaine, a felony, as well as three misdemeanor convictions, and was sentenced to probation. In light of Petitioner’s criminal convictions, the Professional Standards Commission recommended revocation of her teaching certificate. However, the Court found that the Commission’s proposed sanction was too harsh and inappropriate in light of

Educator’s criminal convictions warrant three-year suspension, but not revocation, of teaching certificate. Read More