Judge Beaudrot - 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

Errors in special-education student’s IEP and testing did not constitute a denial of FAPE

Special Education

September 28, 2023

A 10th-grade student and his mother filed a complaint against the school district, alleging multiple violations of the Individuals with Disabilities Education Act (IDEA). Those allegations included the district making... Read More

Patient hardship not sufficient cause to reduce Medicaid cost share

Medicaid Eligibility

September 11, 2023

A nursing home resident, through her healthcare advocate, requested that her Medicaid patient liability be decreased given her inability to otherwise maintain a reasonable quality of life. The Court denied... Read More

Applicant for real estate license demonstrates good character, but not “reputation” of good character

Real Estate

April 21, 2023

This case involved an individual whose application for a real estate salesperson license was denied due to her history of criminal convictions related to driving under the influence. The Court... Read More

Parents unsuccessful in seeking relief under IDEA, FERPA, Open Records Act, Mandatory Reporter statute

Special Education

January 3, 2023

Following a four-day evidentiary hearing, the Court dismissed all claims for relief brought by a student and his parents under the Individual with Disabilities Education Act (IDEA). In particular, the... Read More

Nursing facility failed to prove patient needed to be discharged due to dangerous behavior

Bill of Rights

October 14, 2022

In a case brought under Georgia’s Long-Term Care Bill of Rights, the Court reversed a skilled nursing facility’s decision to involuntarily transfer a patient. Although evidence from staff members proved... Read More

Student and parent fall short of proving Child Find, FAPE violations in IDEA case

Special Education

September 28, 2022

This complaint brought under the Individuals with Disabilities Education Act (IDEA) concerns a 10th-grade student with diagnoses of ADHD, depression, and oppositional defiant disorder. The Court ultimately rejected all claims... Read More