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Parolee qualified to work at personal care facility due to mitigating factors.

Topic: Health Law, Decided by Judge Miller 
Docket Number: 1616603 , Decision Date: 2015-11-03 
Attachment: Click here to download the decision. 

An applicant was denied authorization to work in a personal care home owing to her conviction for three non-violent felony offenses in 2009.  At the time she sought authorization, the applicant was on parole and had yet to complete the terms of her sentence.  However, [..] Read More..

Driver failed to demonstrate proper rescission of refusal to take test.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1604812 , Decision Date: 2015-09-15 
Attachment: Click here to download the decision. 

The driver did not meet his burden of showing he properly rescinded his initial refusal to take the state-administered chemical test.  Specifically, the driver did not rebut the corporal’s testimony that honoring the driver’s request was unreasonable because the corporal had other calls for service. [..] Read More..

DFCS must make eligibility determination when SSA’s 90-day period elapses.

Topic: Medicaid Eligibility, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2015-10-26 
Attachment: Click here to download the decision. 

When a Medicaid applicant applies for Supplemental Security Income through the Social Security Administration (SSA), DFCS generally does not make an independent determination of blindness or disability. Instead, SSA makes the eligibility determination. Under federal regulations, however, if an applicant has applied for both Medicaid [..] Read More..

State failed to prove that principal directed faculty to assist students during CRCT.

Topic: Educators, Decided by Judge Miller 
Docket Number: 1547238 , Decision Date: 2015-07-02 
Attachment: Click here to download the decision. 

A principal of an elementary school in the Atlanta Public School system was accused of violating the Code of Ethics for Educators by allegedly instructing faculty to point out correct answers to students during administration of the Criterion-Referenced Competency Test.  However, the Court found that [..] Read More..

Decision to issue land application system permit upheld.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1525822 , Decision Date: 2015-05-26 
Attachment: Click here to download the decision. 

The Georgia Department of Natural Resources issued a permit to the City of Guyton to construct a land application system (LAS), which applies treated wastewater to land via irrigation system. The Petitioner, an adjacent land owner, argued surface water and groundwater from the LAS site [..] Read More..

Civil penalty reduced to $20 based on mitigating circumstances.

Topic: Tollway, Decided by Judge Miller 
Docket Number: 1508806 , Decision Date: 2015-02-02 
Attachment: Click here to download the decision. 

Respondent failed to pay the Georgia 400 toll fee on 21 occasions as a result of his failure to register his new vehicle’s license plate number with his Peach Pass account. The $70 civil penalty per violation was reduced to $20 per violation because Respondent [..] Read More..

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