Lisa Boggs

License suspension invalid because officers waited more than an hour to read implied consent notice

In this matter, the Court reversed the suspension of a driver’s license on the grounds that the driver was not timely informed of her implied consent rights.  Despite four officers being present at the arrest, the driver did not have the implied consent notice read to her until at least one hour and 22 minutes […]

License suspension invalid because officers waited more than an hour to read implied consent notice Read More

Lack of patient records leads to $14,040 Medicaid recoupment from healthcare provider

The Department of Community Health sought to recoup $14,040.00 paid to a healthcare provider for services it delivered through Medicaid.  The Court affirmed the Department’s decision, finding that the provider did not have sufficient patient-treatment records that would justify the billed Medicaid costs.  Although the provider argued the COVID-19 pandemic prevented it from obtaining the

Lack of patient records leads to $14,040 Medicaid recoupment from healthcare provider Read More

TANF law does not require a specific deadline for parties to submit verification forms

In this case, a woman had been receiving benefits under the Temporary Assistance for Needy Families program, commonly referred to as TANF.  Her benefits were later terminated because she had failed to meet the agency’s stated deadline for submitting verification documents to support her renewal application.  The evidence presented at the hearing showed she missed

TANF law does not require a specific deadline for parties to submit verification forms Read More

GDOT properly denied sign permit based on existence of another nearby sign with valid permit

This case involved a decision by the Georgia Department of Transportation (GDOT) to deny an advertising company a permit to construct a multi-message sign.  The Court concluded the permit had been properly denied, as the proposed sign would have been within 5,000 feet of another multi-message sign.  The company argued that the other sign’s permit

GDOT properly denied sign permit based on existence of another nearby sign with valid permit Read More

Case remanded to agency following multiple requests from parties to delay hearing

A company had appealed the Georgia Department of Economic Development’s denial of its application for a tax credit.  Upon its referral to this Court, the case was immediately scheduled for a hearing.  For the next 18 months, the parties submitted repeated requests to postpone the hearing, on the grounds that they were engaging in settlement

Case remanded to agency following multiple requests from parties to delay hearing Read More

Student with autism did not receive FAPE during COVID-related virtual learning  

In this case brought under the Individuals with Disabilities Education Act (IDEA), the Court concluded that for a period of about seven months, the school district failed to develop an Individualized Education Plan (IEP) that was reasonably calculated for a teenage student diagnosed with autism spectrum disorder to make reasonable progress toward his communication goals. 

Student with autism did not receive FAPE during COVID-related virtual learning   Read More

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