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Broad Street Supermarket, Inc. D/B/A Moon'S Supermarket Et Al.v.Georgia Department Of Public Health

CourtCourt of Appeals of Georgia
Docket No.A17A1923
DecidedMarch 6, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilAdministrative LawGovernment LawStatutory InterpretationDue ProcessReversalAppellate Procedure
Case Summary

The Georgia Department of Public Health disqualified Broad Street Supermarket’s stores from participating in the federal nutrition program for women, infants, and children after an investigation found that one store used another store’s vendor stamp to accept program vouchers. The superior court affirmed the agency’s three-year sanction. The Georgia Court of Appeals reversed because the agency had not provided the notice required by federal regulations before imposing the sanction. The court interpreted the notice provision to apply even when multiple violations were discovered during a single overt monitoring visit. A contrary interpretation would protect vendors that concealed violations while punishing vendors that admitted them, producing an irrational result and nullifying the notice requirement in many cases. Because the agency failed to give the required notice, the court reversed the superior court’s judgment without reaching Broad Street’s remaining arguments.

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Broad Street Supermarket, Inc. D/B/A Moon'S Supermarket Et Al. V. Georgia Department Of Public Health — The Atlanta Gleaner