Judge Schroer - Administrative Law Report

Superior courts weigh in on OSAH decision regarding Brantley County solid-waste permit

Environmental Law

June 23, 2023

The Board of Commissioners of Brantley County appealed a decision by the state’s Environmental Protection Division (EPD) to grant a permit to Brantley County Development Partners, LLC. The permit would... Read More

CMO failed to properly raise issue of provider’s untimely hearing request

Care Management Organization

April 21, 2023

The first matter at hand in this case was whether a health care provider could bring this case to the Court despite its untimely appeal of a refusal by a... Read More

Childcare facility’s license revoked following criminal charge of child molestation

Early Care & Learning

March 4, 2023

In this case, the Department of Early Care and Learning (DECAL) revoked the license of a family childcare learning home after the owner’s husband, who was also an employee of... Read More

Series of low IQ scores demonstrated applicant’s eligibility for NOW/COMP

Medicaid Eligibility

January 4, 2023

The Court concluded that an applicant met the eligibility criteria for the NOW/COMP Medicaid waiver program based on his history of low IQ scores. The evidence showed the applicant demonstrated... Read More

Adjustment to Nursing Home Medicaid resource allowance does not require showing of undue hardship

Medicaid Eligibility

December 14, 2022

This matter involved the denial of a Medicaid application on the grounds that the applicant—who lives in a nursing facility—and her spouse had combined assets that exceeded the “community spouse... Read More

District ordered to pay for student’s comprehensive re-evaluation following years-long delay

Special Education

August 15, 2022

In this matter, the parent of a 16-year-old special education student alleged the school district failed to evaluate her child over a nine-year period. The Court concluded that, while delays... Read More