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Receipt of Emergency Medicaid requires proof of Georgia residency.

Topic: Medicaid Eligibility, Decided by Judge Baxter 
Docket Number: ******* , Decision Date: 2016-06-08 
Attachment: Click here to download the decision. 

A citizen of Belize who was flown into Georgia to receive treatment after a butane tank explosion in Belize was not entitled to Emergency Medicaid because he did not establish Georgia residency.

Judge ruled on value of conservation easement for tax credit purposes.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1635204 , Decision Date: 2017-07-11 
Attachment: Click here to download the decision. 

The Department of Natural Resources’ (DNR) certification of a $67,500 tax credit for Petitioner River Refuge, LLC’s donation of a conservation easement was supported by a preponderance of the evidence.  DNR based the amount of the tax credit on an appraisal completed by the State [..] Read More..

Federal court upholds OSAH judge’s decision that a school district’s evaluation did not fulfill IDEA requirements.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: 1419673 , Decision Date: 2014-06-03 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Parents of a special needs child obtained an independent functional assessment after they determined that the school district’s evaluation was inappropriate.  After the parents sought reimbursement for the evaluation, the school district appealed, arguing that its assessment was appropriate.  Judge Baxter granted the parents’ request [..] Read More..

Emission Inspector Certificate revoked for violations of the Emissions Inspection and Maintenance Act.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1542992 , Decision Date: 2015-06-15 
Attachment: Click here to download the decision. 

Petitioner, a certified emission inspector, issued passing emission certificates to forty-four vehicles, despite never having tested the vehicles’ gas caps.  He also issued passing emission certificates to three vehicles that were never tested using a fraudulent practice called “clean scanning,” whereby a surrogate vehicle is [..] Read More..

Dam reclassification from Category II to Category I upheld.

Topic: Dam Safety, Decided by Judge Baxter 
Docket Number: 1548520 , Decision Date: 2015-06-15 
Attachment: Click here to download the decision. 

In compliance with the Georgia Safe Dams Act, the Georgia Department of Natural Resources reclassified the Lakes at Ansley Dam as a Category I dam because improper operation or dam failure would flood a residence with 1.5 feet of water, causing a probable loss of [..] Read More..

Former county commissioner’s retirement benefits reduced for public employment related crime.

Topic: Employment, Decided by Judge Baxter 
Docket Number: 1542632 , Decision Date: 2015-05-14 
Attachment: Click here to download the decision. 

A former county commissioner‘s retirement benefits were reduced after pleading guilty to accepting a bribe and violating his oath of office.  Pursuant to Georgia law, the former commissioner’s benefits were reduced by an amount to three times the economic impact of his abuse of governmental [..] Read More..

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