Judge Fry - 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 finds support agencies unwilling, not unable, to provide services to NOW/COMP participant

Medicaid Eligibility

November 16, 2023

The Department of Behavioral Health and Developmental Disabilities (DBHDD) terminated an individual’s disability services with the New Options Waiver/Comprehensive Supports Program (NOW/COMP) after all six of the regional support coordination... Read More

Judge denies request to amend original IDEA complaint following signing of settlement agreement

Special Education

November 16, 2023

After signing an agreement with the school district to settle the claims in a complaint brought under the Individuals with Disabilities Education Act (IDEA), a student and his mother sought... Read More

Erroneous confirmation of adoption-assistance eligibility cannot justify awarding of benefits

Public Assistance

September 11, 2023

An adoptive mother challenged the termination of adoption-assistance benefits, claiming that a Division of Family and Children Services worker verbally confirmed to her that the adopted child would remain eligible... Read More

Reading of implied consent notice before arrest improper absent awareness of “serious injury”

July 10, 2023

A driver appealing his DUI license suspension argued that the arresting officer improperly read the implied consent notice prior to arresting him. The only instance in which this is permissible... Read More

Wrongfully accelerated arrears repayments lead to reversal of driver’s license suspension

Child Support

May 8, 2023

In this case, the Court reversed Child Support Services’ suspension of a support obligor’s driver’s license because the agency had wrongfully accelerated the obligor’s arrears repayments without a court order. ... Read More

School district prevails on summary determination in IDEA case involving ESY services

Special Education

March 28, 2023

The Court granted summary determination in favor of the school district in response to a student’s complaint filed under the Individuals with Disabilities Education Act (IDEA), in which he alleged... Read More