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Educator not required to report DUI conviction to PSC

Topic: Educators, Decided by Judge Teate 
Docket Number: 2205429 , Decision Date: 2021-11-08 
Attachment: Click here to download the decision. 

Judge Teate granted summary determination in favor of an educator, after concluding that the educator was not required to report a 2008 DUI conviction to the Professional Standards Commission.

Insufficient record-keeping results in $179,000 payback to Summer Food Services Program

Topic: Early Care & Learning, Decided by Judge Teate 
Docket Number: 2204795 , Decision Date: 2021-09-07 
Attachment: Click here to download the decision. 

Judge Teate concluded a facility had to pay back approximately $179,000 in meal reimbursements to the Summer Food Service Program, after finding that the facility failed to comply with record-keeping requirements.

PSC’s Denial of Application Reversed

Topic: Educators, Decided by Judge Teate 
Docket Number: 2109032 , Decision Date: 2021-03-08 
Attachment: Click here to download the decision. 

Where Petitioner did not have a conviction related to marijuana, but he had admitted he possessed marijuana, his application was denied. The agency’s action was reversed, and a modified sanction was imposed, because the PSC’s rule provides for sanction based on either the commission or [..] Read More..

Petition for Direct Appeal Denied

Topic: Direct Appeal, Decided by Judge Teate 
Docket Number: 2017622 , Decision Date: 2019-12-11 
Attachment: Click here to download the decision. 

Petition for direct appeal to OSAH in two matters, pursuant to O.C.G.A. § 50-13-41(a)(1), was denied because (1) there was no contested case to be adjudicated, and (2) the petitioner did not provide the date on which he submitted a hearing request to the agency.

Transfer penalty must be applied month of asset transfer or date of Medicaid eligibility

Topic: Health Law, Decided by Judge Teate 
Docket Number: ******* , Decision Date: 2016-12-16 
Attachment: Click here to download the decision. 

After she received a $41,000 lump-sum settlement in a lawsuit, a nursing home resident made a gift of $23,724.  She simultaneously loaned $16,000 to her daughter, who executed a promissory note obligating her to repay the sum in monthly installments for the resident’s nursing home [..] Read More..

Revocation of driver’s license upheld where driver susceptible to loss of consciousness.

Topic: Health Law, Decided by Judge Teate 
Docket Number: 1645561 , Decision Date: 2016-09-13 
Attachment: Click here to download the decision. 

The Department of Driver’s Services properly revoked a driver’s license because the driver suffered a loss of consciousness and his providers did not thereafter produce documentation that he had been free of episodes of unconsciousness for one year.

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