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Officer parking behind Petitioner but not fully blocking him constituted a first-tier encounter

Topic: DUI, Decided by Judge Miller 
Docket Number: 1726445 , Decision Date: 2017-04-12 
Attachment: Click here to download the decision. 

An officer did not initiate a traffic stop requiring reasonable articulable suspicion by parking his patrol car behind another vehicle, approaching the driver, and asking about his previous and current activities.

Permit for Sea Island’s groin project did not violate Shore Protection Act.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1630908 , Decision Date: 2016-08-26 
Attachment: Click here to download the decision. 

The Shore Protection Committee issued a permit to Sea Island Acquisition, LLC, for the construction and maintenance of a rock groin near the southern end of Sea Island in Glynn County.  The new groin would be accompanied by beach nourishment and dune construction.  Petitioners—consisting of [..] Read More..

Medicaid-ineligible spouse must be included to determine income limit for Medicare Savings Programs.

Topic: Health Law, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-07-27 
Attachment: Click here to download the decision. 

Pursuant to its policy manual, the Division of Family and Children Services determined the income limit for Q-track Medicaid programs according to the federal poverty level for an individual where the applicant had a Medicaid-ineligible spouse.  This policy contradicted the plain language of the Medicaid [..] Read More..

Allegations not included in Statement of Matters Asserted cannot serve as a basis for sanction.

Topic: Professional Licensing, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-07-21 
Attachment: Click here to download the decision. 

The Georgia Board of Nursing was authorized to impose a sanction against a licensee due to her violation of a consent order wherein she agreed to abstain from alcohol and controlled substances, attend aftercare treatment, and ensure that the Board received quarterly aftercare reports.  However, [..] Read More..

Resource level required for spouse to live in community must be determined using reasonable method.

Topic: Public Health, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-08-18 
Attachment: Click here to download the decision. 

A nursing home resident and his spouse, who resided in the community, were denied Nursing Home Medicaid because their combined resources exceeded program limits.  Federal law allowed for redetermination of the resource limit where it was necessary to allow the community spouse to generate sufficient [..] Read More..

Agency’s adverse action letter failed to comport with standards of due process.

Topic: Procedure, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-08-03 
Attachment: Click here to download the decision. 

The Department of Community Health’s letter denying the Petitioner’s request for an increase in occupational therapy was “so lacking in grammar and syntax that it [was] largely incomprehensible,” and thus denied the Petitioner the adequate notice required under Georgia law and the principles of due [..] Read More..

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