Judge Baxter - Administrative Law Report

Nonprofit lacks standing to challenge EPD’s issuance of discharge permits

Environmental Law

November 29, 2023

An environmental nonprofit challenged the Environmental Protection Division’s (EPD’s) reissuance of three general permits allowing stormwater discharge associated with construction activity. The Court dismissed the case, finding that the nonprofit... Read More

Candidate’s fabrication of contributions and failure to disclose reports lead to $11,000 in civil penalties

Elections

November 27, 2023

Following a hearing, the Court concluded that a candidate for the mayorship of Athens-Clarke County violated the Georgia Government Transparency and Campaign Finance Act when he failed to file two... Read More

Court weighs several factors before issuing $26,000 in civil penalties to county commission candidate

Elections

November 22, 2023

The State Ethics Commission alleged that an unsuccessful candidate for a Cobb County commissioner seat neglected to submit four campaign contribution disclosure reports, as mandated by Georgia campaign finance laws.... Read More

Court affirms license revocation for physician who improperly operated pain management clinic

Professional Licensing

November 13, 2023

The Court sided with the Georgia Composite Medical Board’s decision to revoke a physician’s medical license after he advertised and operated his facility as a “pain management clinic” without a... Read More

Despite claims of self-defense, paramedic’s license is revoked following fatal shooting

Professional Licensing

September 18, 2023

This case involved the Department of Public Health’s effort to revoke a paramedic’s license after she shot and killed her roommate’s estranged husband. At the time of the administrative hearing,... Read More

Judge ruled on value of conservation easement for tax credit purposes.

Environmental Law

July 11, 2017

The Department of Natural Resources’ (DNR) certification of a $67,500 tax credit for Petitioner River Refuge, LLC’s donation of a conservation easement was supported by a preponderance of the evidence. ... Read More

Receipt of Emergency Medicaid requires proof of Georgia residency.

Medicaid Eligibility

June 8, 2016

A citizen of Belize who was flown into Georgia to receive treatment after a butane tank explosion in Belize was not entitled to Emergency Medicaid because he did not establish... Read More

Emission Inspector Certificate revoked for violations of the Emissions Inspection and Maintenance Act.

Environmental Law

June 15, 2015

Petitioner, a certified emission inspector, issued passing emission certificates to forty-four vehicles, despite never having tested the vehicles’ gas caps. He also issued passing emission certificates to three vehicles that... Read More

Dam reclassification from Category II to Category I upheld.

Dam Safety

June 15, 2015

In compliance with the Georgia Safe Dams Act, the Georgia Department of Natural Resources reclassified the Lakes at Ansley Dam as a Category I dam because improper operation or dam... Read More

Former county commissioner’s retirement benefits reduced for public employment related crime.

Employment

May 14, 2015

A former county commissioner‘s retirement benefits were reduced after pleading guilty to accepting a bribe and violating his oath of office. Pursuant to Georgia law, the former commissioner’s benefits were... Read More

Agency waived deadline for requesting administrative review through course of conduct.

Health Law

April 7, 2015

The Department of Community Health (“the Department”) instructed multiple Medicaid providers to contact a representative of Hewlett Packard (“HP”), its agent, after notifying them that it would seek recoupment of... Read More