Procedure

Court of Appeals affirms superior courts’ dismissals in Cannabis Commission cases  

Judge Howells

October 12, 2023

OSAH Judge Stephanie Howells was appointed to adjudicate 21 challenges to the Georgia Access to Medical Cannabis Commission’s awarding of licenses to six vendors to grow, manufacture, and sell low... Read More

Superior court upholds OSAH Judge’s rulings on evidentiary issues in EBT fraud cases

Judge Woodard

March 13, 2023

A judge with the Superior Court of Toombs County upheld two decisions by an OSAH Judge disqualifying individuals from the Food Stamp Program due to EBT fraud. In affirming the... Read More

Party who failed to appear at hearing cannot expect Court to consider previously submitted evidence

Judge Barnes

October 26, 2022

This matter involved the Georgia Composite Medical Board seeking a cease-and-desist order against a purportedly unlicensed individual holding herself out a physician and healer for cancer patients.  On the day... Read More

Superior court remands medical licensing case, citing reliance on inadmissible hearsay  

Judge Malihi

September 19, 2022

This case involved efforts by the Georgia Composite Medical Board to sanction a physician assistant’s license.  Following a hearing, an administrative law judge with the Office of State Administrative Hearings... Read More

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

Judge Malihi

September 7, 2022

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... Read More

Child support order may be corrected retroactively

Judge Malihi

August 5, 2021

Judge Malihi entered a child support order with an effective date of ten years earlier based on evidence that was the date the order was actually rendered but left unsigned... Read More

No jurisdiction under Pharmacy Audit Bill of Rights

Judge Schroer

July 31, 2018

OSAH does not have jurisdiction under the Pharmacy Audit Bill of Rights to adjudicate investigative audit of pharmacy conducted by pharmacy benefit manager. Read More

Facility not entitled to hearing to contest plan of correction.

Judge Walker

September 27, 2016

The Department of Community Health was required to provide notice and an opportunity for a hearing prior to only certain administrative actions specified by statute.  Therefore, as requiring a facility... Read More

Agency’s adverse action letter failed to comport with standards of due process.

Judge Miller

August 3, 2016

The Department of Community Health’s letter denying the Petitioner’s request for an increase in occupational therapy was “so lacking in grammar and syntax that it [was] largely incomprehensible,” and thus... Read More

Licensee not in default where service of hearing notice not perfected.

Judge Walker

June 20, 2016

The Court declined to enter a default order for a licensee’s failure to appear at the hearing where service of the Notice of Hearing by certified mail was unsuccessful and... Read More

Testimony consisting of witnesses’ interpretation of statutory provision improper and irrelevant.

Judge Malihi

February 20, 2015

After exchanging witness lists, the parties filed various motions seeking to exclude the testimony of various witnesses at the evidentiary hearing, citing evidentiary law governing relevance and expert and lay... Read More

Failure to appear resulted in case dismissal.

Judge Howells

September 30, 2014

Petitioner waived or abandoned her right to contest the proposed sanction to her teaching certificate when she failed to file a required pleading, failed to appear at the hearing, and... Read More

Failure to file necessary pleading results in default order and dismissal of appeal.

Judge Teate

May 6, 2014

Petitioner was found to be in default for failure to file an answer within thirty days of the date a hearing notice was sent by certified mail to her home... Read More

Request for reconsideration denied.

Judge Oakley

March 20, 2014

Petitioner’s request for reconsideration of an ALJ’s final decision was denied because the Petitioner filed the request more than 10 days after entry of the final decision and Petitioner did... Read More