Superior court upholds OSAH Judge’s rulings on evidentiary issues in EBT fraud cases

A judge with the Superior Court of Toombs County upheld two decisions by an OSAH Judge disqualifying individuals from the Food Stamp Program due to EBT fraud. In affirming the OSAH decisions, the superior court concluded that the OSAH Judge did not err in admitting into the record certain contents within an investigation binder created by a federal fraud investigator. First, the records in question appeared to be the type of records the federal investigator would use when performing his duties, therefore making them admissible under the public-records exception to hearsay. Second, OSAH’s rules of procedure allow for the admission of evidence not otherwise admissible for hearsay reasons, so long as it is of a type commonly relied upon by the state’s investigative agents.