Lisa Boggs

Adjustment to Nursing Home Medicaid resource allowance does not require showing of undue hardship

This matter involved the denial of a Medicaid application on the grounds that the applicant—who lives in a nursing facility—and her spouse had combined assets that exceeded the “community spouse resource allowance” for Nursing Home Medicaid.  The Court concluded that the applicant could request an upward revision of the resource allowance in order to generate […]

Adjustment to Nursing Home Medicaid resource allowance does not require showing of undue hardship Read More

Officer’s incorrect reading of implied consent notice results in reversal of DUI license suspension 

The Court reversed a driver’s administrative license suspension after finding that the arresting officer had failed to provide the driver with a substantially accurate reading of the implied consent notice at the time of arrest.  Recordings presented at the hearing showed that the officer read the implied consent notice “very rapidly” two times, during which

Officer’s incorrect reading of implied consent notice results in reversal of DUI license suspension  Read More

Institution disqualified from federal food program due to repeated financial deficiencies 

In this matter, the Department of Early Care and Learning (DECAL) sought to terminate an institution’s participation in the federal Child and Adult Food Program (CAFP).  This program reimburses approved entities that serve nutritious meals to people in their communities.  Following a hearing, the judge agreed with DECAL that, despite being given multiple opportunities to

Institution disqualified from federal food program due to repeated financial deficiencies  Read More

Agency properly denied film-tax credit because company did not prove its project was “fully funded”

A film-production company appealed a decision by the Georgia Department of Economic Development to deny the company’s application for a film-tax credit.  The Court ultimately sided with the Department, concluding that the company failed to show that its project had been “fully funded” at the time it applied for the credit.  Applying canons of statutory

Agency properly denied film-tax credit because company did not prove its project was “fully funded” Read More

Party who failed to appear at hearing cannot expect Court to consider previously submitted evidence

This matter involved the Georgia Composite Medical Board seeking a cease-and-desist order against a purportedly unlicensed individual holding herself out a physician and healer for cancer patients.  On the day of the hearing, the individual appeared at the hearing venue and left at the reception desk a packet of documents that appeared to be a

Party who failed to appear at hearing cannot expect Court to consider previously submitted evidence Read More

Despite district’s delay with assessment, student was not entitled to additional compensatory services

The mother of a 6-year-old child with autism brought a complaint against the child’s school district under the Individuals with Disabilities Education Act (IDEA).  Among her multiple claims, the mother alleged the district had unreasonably delayed completing her son’s Functional Behavioral Analysis (FBA) over a two-year period.  The district countered that the student, like many

Despite district’s delay with assessment, student was not entitled to additional compensatory services Read More

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