OAH Docket No. 6-1800-14793-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of the Temporary Immediate Suspension of the License of Melanie Yang to Provide Family Child Care |
FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION
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This matter is before Administrative Law Judge Allan W. Klein on a Motion for Summary Disposition filed by the Department of Human of Human Services on September 29, 2004. The Motion was served by mail to the Licensee’s new address on October 12, 2004. No reply to the Motion has been received by the ALJ.
Rebecca S. Morrisette, Assistant Hennepin County Attorney, 525 Portland Avenue, Suite 1210, Minneapolis, Minnesota 55415, represented the Minnesota Department of Human Services (the Department) in this matter. Melanie Yang, the Licensee, 19245 Greenbrook Drive, East Bethel, Minnesota 55092-9572, was not represented by an attorney and submitted no response on her own behalf.
This Order is a recommendation, not a final decision. The Commissioner of the Minnesota Department of Human Services will make the final decision after a review of the record. The Commissioner may adopt, reject or modify the Recommended Order of the Administrative Law Judge. Pursuant to Minn. Stat. § 14.61, the final decision of the Commissioner shall not be made until this Recommended Order has been made available to the parties to the proceeding for at least ten days and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the Commissioner. Parties should contact the Office of the Commissioner, Minnesota Department of Human Services, 444 Lafayette Road, St. Paul, Minnesota 55155; telephone 651-296-2701, for further information regarding the filing of exceptions and the presentation of argument.
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. If the Commissioner fails to issue a final decision within 90 days of the close of the record, this Recommended Order will constitute the final agency decision under Minn. Stat. § 14.62, subd. 2a. In order to comply with Minn. Stat. § 14.62, subd. 2a, the Commissioner 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. The record closes upon the filing of exceptions to the Recommended Order and the presentation of argument to the Commissioner, or upon the expiration of the deadline for doing so. The Commissioner must notify the parties and the Administrative Law Judge of the date on which the record closes
Whether the Department’s revocation of the Licensee’s Family Child Care License renders appeal of the Temporary Immediate Suspension of that license moot and warrants dismissal of Licensee’s appeal.
Based on the evidence in the hearing record, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1. This matter was initiated when the Department issued a Notice of and Order for Hearing (Notice) on March 22, 2003. The Notice set this matter on hearing regarding the temporary immediate suspension of the Licensee from providing family child care.
2. On April 9, 2002, the parties jointly requested an indefinite continuance of the hearing schedule on the immediate suspension, pending resolution of a criminal charge that relates to the suspension. This matter was indefinitely continued. Periodic status reports were provided to the ALJ regarding the situation relating to the suspension.
3. In September 2003, the criminal matter was resolved and the parties agreed to await a revocation order from the Department. The parties requested that the temporary immediate suspension appeal remain on indefinite continuance.
4. On July 20, 2004, the Commissioner issued an order revoking Licensee’s Family Child Care License.[1] Licensee did not appeal the revocation. The time for appeal of that order has expired.
5. These Findings are based on all of the evidence in the record. Citations to portions of the record are not intended to be exclusive references.
6. The Administrative Law Judge adopts as Findings any Conclusions that are more appropriately described as Findings.
Based upon these Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1. Minnesota law gives the Administrative Law Judge and the Commissioner authority to conduct this contested case proceeding and to make findings, conclusions, and recommendations or a final order.[2]
2. The Department gave proper and timely notice of the hearing, and they have also fulfilled all procedural requirements of law and rule so that this matter is properly before the Administrative Law Judge.
3. Minnesota law provides an expedited hearing process for temporary immediate suspension. The scope of the appeal under the expedited process is set out in Minn. Stat. § 245A.07, subd. 2a, which states in pertinent part:
The scope of the hearing shall be limited solely to the issue of whether the temporary immediate suspension should remain in effect pending the commissioner's final order under section 245A.08, regarding a licensing sanction issued under subdivision 3 following the immediate suspension.
4. The Commissioner’s Order revoking Ms. Yang’s family child care license renders the issues in this contested case proceeding moot, and there is no longer a basis for further proceedings on the appeal of the immediate temporary suspension of Ms. Yang’s license.
5. The Administrative Law Judge adopts as Conclusions any Findings that are more appropriately described as Conclusions.
Based upon the these Conclusions, and for the reasons explained in the accompanying Memorandum, the Administrative Law Judge makes the following:
RECOMMENDATION
The Administrative Law Judge therefore RESPECTFULLY RECOMMENDS that this proceeding be DISMISSED as moot.
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Dated this |
2nd |
day of |
November |
2004. |
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S/ Allan W. Klein |
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ALLAN W. KLEIN |
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Administrative Law Judge |
Reported: No hearing.