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Longstanding failure to comply with drinking-water laws results in $245,000 in civil penalties

Topic: Environmental Law, Decided by Judge Howells 
Docket Number: 2122467 , Decision Date: 2022-02-25 
Attachment: Click here to download the decision. 

In a decision by Judge Howells, the owner of five public water systems for subdivisions and mobile home parks was ordered to pay $245,000 in civil penalties. The penalties arose from the owner’s continued violations of the Safe Drinking Water Act, including repeated failures to [..] Read More..

Judge upholds school district’s finding that child’s misconduct was not caused by untreated impulsivity issues

Topic: Special Education, Decided by Judge Howells 
Docket Number: 0000000 , Decision Date: 2022-01-18 
Attachment: Click here to download the decision. 

Judge Howells affirmed the school district’s manifestation determination that a 12-year-old’s misconduct—specifically, brandishing an airsoft gun at school—was not caused by the special-education student’s untreated issues with impulsivity.

Permits for outdoor signs properly denied due to issues with signs’ spacing and placement

Topic: Outdoor Advertising, Decided by Judge Howells 
Docket Number: 2202288 , Decision Date: 2021-12-14 
Attachment: Click here to download the decision. 

Judge Howells affirmed GDOT’s denial of an application for outdoor advertising permits for two proposed signs, where the placement of the first sign did not comport with rules regarding the spacing between such signs and the placement of the second sign was in a block-out [..] Read More..

Landfill’s permit holder lacked standing to seek refund from state’s Solid Waste Trust Fund

Topic: Environmental Law, Decided by Judge Howells 
Docket Number: 2202089 , Decision Date: 2021-11-19 
Attachment: Click here to download the decision. 

After foreclosure of a landfill, the new permit holder sought the return of funds deposited into the Solid Waste Trust Fund by the previous permit holder. In granting summary determination for the Environmental Protection Division, Judge Howells determined the new permit holder lacked standing to [..] Read More..

Applicant approved for teaching certificate can be simultaneously reprimanded by PSC

Topic: Educators, Decided by Judge Howells 
Docket Number: 2107129 , Decision Date: 2021-02-02 
Attachment: Click here to download the decision. 

In affirming the Professional Standard Commission’s decision, Judge Howells rejected an applicant’s argument that the Commission lacks authority to both grant the applicant a teaching certificate and simultaneously reprimand him on past criminal conduct.

Standing of Facility in Medicaid Appeal

Topic: Medicaid Eligibility, Decided by Judge Howells 
Docket Number: 2117014 , Decision Date: 2021-04-28 
Attachment: Click here to download the decision. 

The Court rejected the Facility’s argument that it had standing or authority to appeal the denial of a resident’s Medicaid application and found that the hearing request was untimely.

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