Judge Boggs - 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

Custodial parent has no right to a hearing after the child-support agency closes a case

Direct Appeal

October 2, 2023

This matter involved a Petition for Direct Appeal filed by a custodial parent who alleged her child-support case had been wrongfully closed by the Division of Child Support Services (DCSS). ... Read More

Veterans’ benefits were correctly counted as income for Adult Medicaid eligibility

Medicaid Eligibility

September 7, 2023

A veteran appealed the denial of his Medicaid application, contending that the agency incorrectly included his veterans’ benefits in the calculation of his monthly income. The Court affirmed the denial,... Read More

Insufficient evidence that school district failed to evaluate student for emotional behavioral disability

Special Education

July 24, 2023

A 14-year-old student and her mother alleged that the student’s school district violated the Individuals with Disabilities Education Act (IDEA) with respect to the student’s identification, evaluation, and educational placement,... Read More

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

Case dismissed because parental rights under IDEA transferred to 18-year-old student

Special Education

June 6, 2023

This case concerned a due process complaint that was filed by a student’s mother under the Individuals with Disabilities Education Act (IDEA). Because the student had reached the age of... 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