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Necessity to Conduct IEE and Comply with Stay-Put Provision

Topic: Special Education, Decided by Judge Howells 
Docket Number: 2003654 , Decision Date: 2020-01-27 
Attachment: Click here to download the decision. 

The School District violated the Individuals with Disabilities Education Act (IDEA) by failing to conduct an independent evaluation for occupational therapy (OT),  failing to provide adequate OT services based on the student’s significant needs, and failing to comply with the stay-put provision of the law.

Peace officer certification revoked for unprofessional conduct, improper dealings with inmates.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1707311 , Decision Date: 2016-11-08 
Attachment: Click here to download the decision. 

The Georgia Peace Officer Standards and Training (POST) Council properly revoked the POST certification of a former corrections officer based on evidence that the officer possessed an unauthorized weapon (a shank) around violent inmates, gave special treatment to homosexual inmates, and allowed an inmate with [..] Read More..

Superior Court upholds OSAH Decision on Outdoor Advertising Control Act.

Topic: Outdoor Advertising, Decided by Judge Howells 
Docket Number: 1502559 , Decision Date: 2016-07-15 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The Fulton County Superior Court affirmed an OSAH Judge’s Decision holding that LED signs located behind glass panes on a building and visible to the outside public were subject to regulation under the Outdoor Advertising Control Act.  The Superior Court also concurred with the OSAH Judge’s holding [..] Read More..

State could not rely on documentation of criminal conviction to meet its burden in administrative case.

Topic: Educators, Decided by Judge Howells 
Docket Number: 1648876 , Decision Date: 2016-08-12 
Attachment: Click here to download the decision. 

The Professional Standards Commission sought to sanction an educator’s certificate based, in part, on her alleged violation of the standards governing honesty, confidentiality, and required reports.  However, the Commission introduced no evidence in support of the allegations at the hearing, but instead relied on the [..] Read More..

Elimination of railroad crossing must be reasonably necessary in the interest of public safety.

Topic: Railroad Crossings, Decided by Judge Howells 
Docket Number: 1619206 , Decision Date: 2016-05-27 
Attachment: Click here to download the decision. 

A railroad company petitioned the City of Royston to eliminate four highway-rail grade crossings.   The City denied the petition, but employed none of the criteria for evaluating a crossing’s safety.  After applying said criteria, the Georgia Department of Transportation (GDOT) determined that two of the [..] Read More..

Constitutionality of warrantless blood test not within the scope of hearing.

Topic: DUI, Decided by Judge Howells 
Docket Number: 1649872 , Decision Date: 2016-07-06 
Attachment: Click here to download the decision. 

Whether the United States Supreme Court’s holding in Birchfield v. North Dakota invalidates the Georgia implied consent statute’s requirement that a driver submit to a warrantless test of his or her blood is outside of the scope of an administrative license suspension hearing.

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