Superior court upholds OSAH Judge’s hearsay ruling in case involving EBT trafficking scheme

Topic: Public Assistance, Decided by: Judge Woodard 
Docket Number: 0000000 , Decision Date: July 14, 2023 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The Superior Court of Fulton County upheld an OSAH Judge’s decision to disqualify a food stamp participant from receiving benefits for 12 months.  The participant was found to have engaged in a trafficking scheme that involved exchanging EBT benefits for cash. In reaching his decision, the OSAH Judge had overruled objections from the participant that the agency’s exhibits constituted inadmissible hearsay, though he acknowledged the exhibits would have carried a higher evidentiary weight if the investigating agent had testified during the hearing.  The superior court concluded that the OSAH Judge correctly admitted the exhibits under the Public Records exception to hearsay and the Residual Hearsay Rule.    


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