Judge Howells - 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

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

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

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

Parent and student fall short of proving link between student’s physical altercation and autism diagnosis

Special Education

November 21, 2023

A 17-year-old student and his mother sought a hearing under the Individuals with Disabilities and Education Act (IDEA) after the school district’s manifestation-determination review concluded that a physical altercation with... Read More

Court of Appeals affirms superior courts’ dismissals in Cannabis Commission cases

Procedure

October 12, 2023

OSAH Judge Stephanie Howells was appointed to adjudicate 21 challenges to the Georgia Access to Medical Cannabis Commission’s awarding of licenses to six vendors to grow, manufacture, and sell low... Read More

Court affirms finding of overpayment to Medicaid provider based on single patient’s two hospital visits

Health Law

July 11, 2023

A Medicaid provider requested a hearing to contest an alleged $13,000 overpayment it received for two separate hospital admissions for the same patient. Pursuant to Georgia Medicaid policy, the Department... Read More

Certificate sanctions upheld due to paraprofessional’s criminal history and failure to report

Educators

June 23, 2023

The Professional Standards Commission (PSC) sought to revoke a paraprofessional’s certificate due to his criminal history, failure to report that history to the PSC, and failure to provide the PSC... Read More