Judge Kennedy - Administrative Law Report

Superior court upholds DUI license suspension, declines to find implied consent statute unconstitutional

February 16, 2023

A driver sought judicial review of an OSAH decision suspending his license following a DUI arrest. The driver argued that the implied consent statute under O.C.G.A. § 40-5-67.1 was unconstitutional,... Read More

Plastic surgeon did not deviate from acceptable medical practices when assessing patients’ blood loss

Professional Licensing

October 24, 2022

This matter involved the Georgia Composite Medical Board’s disciplinary action against a licensed plastic surgeon, based on reports about several of his patients who were diagnosed with anemia following surgery. ... Read More

Medicaid properly denied, as evidence was not sufficient to show blindness or disability

Medicaid Eligibility

September 26, 2022

A woman suffering from partial blindness applied for Medicaid benefits under the Aged, Blind, and Disabled category. The state’s Division of Family and Children Services (DFCS) denied the application, and... Read More

11-minute delay in reading implied consent notice not unreasonable, based on circumstances

July 18, 2022

In this driver’s license suspension case, the driver argued the arresting officer had unreasonably delayed reading him the implied consent notice after his arrest for DUI. The Court rejected this... Read More

Alford plea meets definition of “conviction” for purposes of sanctioning teacher’s certification

Educators

June 24, 2022

In affirming the Professional Standard Commission’s decision to sanction an educator’s certification, the Court concluded that the teacher’s 2018 misdemeanor guilty plea under North Carolina v. Alford, 400 U.S. 25... Read More

Applicants’ monthly income exceeded limit for WIC benefits

Public Health

February 15, 2022

In affirming a decision by the Department of Public Health, the Court concluded that two applicants for benefits under Georgia’s Special Supplemental and Nutrition Program for Women, Infants and Children... Read More