Judge Schroer - Administrative Law Report

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

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

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

Disabilities and caretaking responsibilities are not sufficient “qualifying activities” for Georgia Pathways

Medicaid Eligibility

November 29, 2023

An applicant for Medicaid benefits was found ineligible for the new Georgia Pathways waiver program because she did not meet the “qualifying activities” requirement, for which she must be employed,... Read More

Student’s behavioral history demonstrates necessity for more restrictive placement

Special Education

July 11, 2023

A 7-year-old student and his mother were unsuccessful in seeking relief under the Individuals with Disabilities Education Act (IDEA). The Court granted the school district’s motion for involuntary dismissal on... Read More

CCSP applicant should not be penalized when agency worker misplaces medical records

Medicaid Eligibility

July 6, 2023

The OSAH Judge reversed the Department of Community Health’s denial of a Community Care Services Program (CCSP) application because it was “incomplete.” The applicant’s daughter had provided a binder of... Read More

Court rules that developmental disabilities do not preclude physical impairment when evaluating eligibility for EDWP services

Medicaid Eligibility

June 30, 2023

The Department of Community Health (DCH) denied an application for Medicaid’s Elderly and Disabled Waiver Program (EDWP) because the 30-year-old applicant’s primary diagnosis was cerebral palsy, which is categorized as... Read More