11-0910-16180-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE B0ARD OF SOCIAL WORK
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In the Matter of Donald L. Keys, LGSW Date of Birth: March 7, 1945 License Number: 6497 |
FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION |
The above-entitled matter came on for a prehearing conference before Administrative Law Judge Barbara L. Neilson on November 3, 2004, at 1:30 p.m. at the Office of Administrative Hearings in Minneapolis, Minnesota. Nathan W. Hart, Assistant Attorney General, 445 Minnesota Street, Suite 1400, St. Paul, Minnesota 55101-2131, appeared on behalf of the Compliance Panel of the Board of Social Work. There was no appearance by or on behalf of the Respondent, Donald L. Keys, 1109 Thorn Street, St. Paul, MN 55106-6717. The OAH record closed on November 3, 2004.
This Report is a recommendation, not a final decision. The Board of Social Work will make the final decision after a review of the record. The Board may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations. Under Minn. Stat. § 14.61, the final decision of the Board shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the Board. Parties should contact Frank Merriman, Executive Director of the Minnesota Board of Social Work, Minnesota Board of Social Work, 2829 University Avenue SE, Suite 340, Minneapolis MN 55414-3239, telephone (612) 617-2100, 85 Seventh Place East, Suite 500, St. Paul, Minnesota 55101, telephone (651) 296-9411, to ascertain the procedure for filing exceptions or presenting argument to the Deputy Commissioner.
If the Board fails to issue a final decision within 90 days of the close of the record, this report will constitute the final agency decision under Minn. Stat. § 14.62, subd. 2a. The record closes upon the filing of exceptions to the report and the presentation of argument to the Board, or upon the expiration of the deadline for doing so. The Board must notify the parties and the Administrative Law Judge of the date on which the record closes.
STATEMENT OF ISSUES
The issues presented in this case are whether the Respondent, Donald L. Keys, engaged in conduct that violates any statue or rule enforced by the Board or any other law that is related to the practice of social work, in violation of Minn. Stat. § 148B.26, subd. 1(1); engaged in unprofessional conduct, in violation of Minn. Stat. § 148B.26, subd. 1(9); engaged in unethical conduct or conduct likely to deceive, defraud, or harm the public, in violation of Minn. Stat. § 148B.26, subd. 1(10); was convicted of a crime against a minor, in violation of Minn. Stat. § 148B.26, subd. 1(16); or was convicted of a felony, in violation of Minn. Stat. § 148B.26, subd. 1(17); and, if so, whether disciplinary action should be taken against the Respondent pursuant to Minn. Stat. §§ 148B.26, 148B.281, or Chapter 214.
Based upon all of the proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1. The Notice and Order for Prehearing Conference and Hearing initiating this contested case proceeding was served on the Respondent, Donald L. Keys, on October 5, 2004, at the following address: Donald L. Keys LGSW, 1109 Thorn St., St. Paul, MN 55106-6717.[1]
2. The Notice and Order for Prehearing Conference and Hearing contained the following language:
Respondent’s failure to appear at the prehearing conference, settlement conference or hearing may result in a finding that the Respondent is in default, that the allegations contained in this Notice and Order may be accepted as true, and its proposed action may be upheld.[2]
3. The Respondent did not make any request prior to the November 3, 2004, prehearing conference for a continuance or any other relief.
4. The Respondent did not appear at the prehearing conference in this matter scheduled for November 3, 2004, or have an appearance made on his behalf.
5. The Respondent did not contact the Administrative Law Judge to offer any excuse for his failure to appear at any time prior to the issuance of this Report.
6. Because the Respondent failed to appear at the prehearing conference in this matter, he is in default.
7. Pursuant to Minn. Rules part 1400.6000, the allegations contained in the Notice and Order for Prehearing Conference and Hearing are hereby taken as true and incorporated into these Findings of Fact.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1. The Administrative Law Judge and the Board of Social Work have jurisdiction over this matter pursuant to Minn. Stat. §§ 14.50, 148B.26, and 148B.281.
2. The Notice and Order for Prehearing Conference and Hearing issued by the Board was proper and the Board has fulfilled all relevant substantive and procedural requirements of law and rule.
3. The Respondent, having made no appearance at the prehearing conference, and not requesting any continuance or relief, is in default. Pursuant to Minn. Rules part 1400.6000, the allegations contained in the Notice and Order for Prehearing Conference and Hearing are hereby taken as true.
4. By engaging in conduct that violates a statue or rule enforced by the Board or another law that is related to the practice of social work, engaging in unprofessional conduct, engaging in unethical conduct or conduct likely to deceive, defraud, or harm the public, and being convicted of a felony and a crime against a minor, the Respondent has violated Minn. Stat. § 148B.26, subd. 1(1), (9), (10), (16), and (17). The Respondent is subject to disciplinary action including revocation or suspension of his license to practice social work, the imposition of limitations or conditions upon his practice, censure, reprimand, civil penalties, and/or other action authorized by Chapters 148B and 214 of the Minnesota Statutes. The imposition of sanctions is in the public interest.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:
IT IS HEREBY RECOMMENDED that the Board of Social Work take appropriate disciplinary action against Donald L. Keys.
Dated: November 29, 2004
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/s/ Barbara L. Neilson |
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BARBARA L. NEILSON |
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Administrative Law Judge |
Reported: Default.
Pursuant to Minn. Stat. § 14.62, subd. 1, the Agency is required to serve its final decision upon each party and the Administrative Law Judge by first-class mail or as otherwise provided by law. If the Board fails to issue a final decision within 90 days of the close of the record under Minn. Stat. § 14.61, this report becomes a final decision. In order to comply with Minn. Stat. § 14.62, subd. 2a, the Board must then return the record to the Administrative Law Judge within 10 working days to allow the Judge to determine the discipline to be imposed.