Judge Gatto - 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

Georgia Supreme Court dismisses appeal as moot where disqualification period had already expired.

Public Health

February 3, 2011

In February 2011, Judge John B. Gatto modified the Department of Community Health’s one-year disqualification of Babies Right Start, Inc. (BRS) to a six months’ probationary period in the Special... Read More

Temporary residence without the intent to change domicile does not affect legal residence.

Elections

June 3, 2004

DuBose Porter affirmatively established that he was qualified to be a candidate for the Georgia House of Representatives in District 143 through persuasive evidence of his legal residence therein. Porter’s... Read More

Ownership of property outside of district where candidate seeks office insufficient to undermine persuasive evidence of legal residency.

Elections

June 2, 2004

Mr. Ralph Hudgens established that he was qualified to run for State Senate in District 47 through persuasive evidence that he was a legal resident of that district. The fact... Read More

Georgia law did not render qualifications for Public Service Commission candidates identical to those of gubernatorial candidates.

Elections

January 5, 2000

The requirement under Georgia law that the election of PSC Commissioners be held under “the same rules and regulations as apply to the election of [the] Governor” does not impose... Read More