Judge Boggs - Administrative Law Report

Court lacks legal authority to compel EPD to refer untimely hearing request

Direct Appeal

July 13, 2023

Two individuals filed a Petition for Direct Appeal, arguing that the Environmental Protection Division (EPD) failed to refer their joint hearing request to this Court for adjudication. The individuals sought... Read More

Film production project denied tax credit due to incomplete and untimely applications

Film & TV

March 20, 2023

A film production project set in Georgia appealed the denial of a film-tax credit certification. Because the production’s initial two applications were incomplete—in that they did not provide sufficient proof... Read More

Challenge to GVRA decision constituted a “contested case” appealable to OSAH

Direct Appeal

January 18, 2023

An individual receiving services from the Georgia Vocational Rehabilitation Agency (GVRA) filed a Petition for Direct Appeal, claiming GVRA had not forwarded his request for a hearing to this Court. ... Read More

Full context of exchange between officer and driver confirmed driver understood implied consent notice

December 22, 2022

In this matter, a driver argued that the administrative suspension of her license following a DUI stop was improper because the arresting officer told her “yes” after she asked whether... Read More

Medicaid applicant found eligible for SLMB, but not eligible for any other Q Track benefits

Medicaid Eligibility

November 3, 2022

An applicant for Medicaid benefits was found eligible for benefits under the Specified Low-Income Beneficiary class of assistance (SLMB), which is a Q Track class of assistance. However, he appealed... Read More

Despite district’s delay with assessment, student was not entitled to additional compensatory services

Special Education

September 22, 2022

The mother of a 6-year-old child with autism brought a complaint against the child’s school district under the Individuals with Disabilities Education Act (IDEA). Among her multiple claims, the mother... Read More