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Denial of permit for sign within 500 feet of already-permitted sign on the same side of highway upheld.

Topic: Outdoor Advertising, Decided by Judge Schroer 
Docket Number: 1726721 , Decision Date: 2017-08-25 
Attachment: Click here to download the decision. 

An applicant for an outdoor advertising sign challenged the Georgia Department of Transportation’s (“GDOT’s”) denial of his application for a permit to erect a sign alongside State Route 20 because the proposed sign would be within 500 feet of a sign permitted to Georgia 400, [..] Read More..

Where a valid court order of support exists, Respondent must increase a nursing home community spouse’s monthly income allowance by the amount of the ordered support.

Topic: Medicaid Eligibility, Decided by Judge Schroer 
Docket Number: ******* , Decision Date: 2017-03-13 
Attachment: Click here to download the decision. 

When determining the amount a nursing home resident must pay each month toward the costs of care in a nursing facility, if the resident has a community spouse and a valid court order of support against the resident exists, DFCS must first deduct the amount [..] Read More..

Hearsay within hearsay was not admissible under the business/public records exception.

Topic: Public Health, Decided by Judge Schroer 
Docket Number: 1642575 , Decision Date: 2016-08-29 
Attachment: Click here to download the decision. 

Although inspection reports and a sheriff’s report could be admissible under the business and/or public records exceptions to the hearsay rule, the statements from third parties within those reports did not fall under those exceptions and, as they did not fit under other exceptions to [..] Read More..

Educator suspended for showing up to school intoxicated.

Topic: Educators, Decided by Judge Schroer 
Docket Number: 1636724 , Decision Date: 2016-07-14 
Attachment: Click here to download the decision. 

The results of a preliminary breath test performed on a portable device were entitled to no evidentiary weight absent evidence that the device was approved for use as an initial alcohol screening device, and could not support the Professional Standards Commission’s finding that a teacher [..] Read More..

Care management organization failed to demonstrate authority to recover reimbursements.

Topic: Public Health, Decided by Judge Schroer 
Docket Number: 1638270 , Decision Date: 2016-08-04 
Attachment: Click here to download the decision. 

Peach State Health Plan (Peach State), a care management organization (CMO) sought to recover payments made to JLD, a speech therapy provider, based primarily on its determination that JLD failed to document the duration of speech therapy sessions.  However, in the absence of a contract [..] Read More..

Weight of vehicle obtained on uncalibrated scale insufficient to establish violation.

Topic: Overweight Trucks, Decided by Judge Schroer 
Docket Number: 1556276 , Decision Date: 2015-08-21 
Attachment: Click here to download the decision. 

The Department of Public Safety failed to demonstrate that the weight of a tractor-trailer’s axles exceeded permitted limits because the static scale used to measure the axle weights had not been calibrated and the trucking company presented credible evidence to refute the accuracy of the [..] Read More..

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