August 12, 2004
|
Kaye Ward |
David F. MacMillan Assistant |
RE: In Re the Immediate Temporary Suspension of the Family Child Care License of Kaye Ward; OAH Docket No. 11-1800-16079-2
Dear Ms. Ward and Mr. MacMillan:
On August
5, 2004, Mr. MacMillan filed a Proposed Protective Order for use in this matter. Ms. Ward has not informed me of any objection
to the Proposed Protective Order.
Accordingly, I have executed the Order.
A copy is enclosed and hereby served upon you by
Minn. Stat. § 14.58 specifies all parties must be afforded “an opportunity for hearing after reasonable notice” and goes on to state that the Notice of Hearing “shall state the time, place, and issues involved, but if, by reason of the nature of the case, the issues can not be fully stated in advance of the hearing, . . . they shall be fully stated as soon as practicable. . . .” Moreover, Minn. Rules 1400.5600, subpart 1(D), requires that the Notice of Hearing include a “statement of the allegations or issues to be determined together with a citation to the relevant statutes or rules alleged violated or which control the outcome of the case.” In reviewing the Notice of and Order for Hearing, I noted that Exhibit A and its attachments, which typically describe the issues that will be considered at the hearing, merely indicate that an allegation of maltreatment of a 5-year-old girl by the 14- and 12-year-old sons of Ms. Ward had been made, note that the allegation remained under investigation, state that Ms. Ward has appealed the Department of Human Services’ decision to immediately suspend her family child care license, and cite relevant statutes and rules authorizing the Department of Human Services to issue a order of temporary immediate suspension where the license holder’s actions or lack of compliance poses an imminent risk of harm to the health, safety, or rights of those served by Ms. Ward’s child care program.
Although Ms. Ward may, in fact, be aware of the
details of the maltreatment allegation and the specific rules and statutes that
the Department alleges have been violated, the current draft of the Notice of
Hearing is not sufficient to provide her with formal notice of the issues and
allegations to be addressed during the hearing or the specific statutory or
rule provisions alleged to have been violated.
The entry of the enclosed Protective Order will permit the County to
disclose not-public data that may be involved in this case. Now that the Order has been entered, the
County must immediately provide Ms. Ward with a more complete explanation of
Letter to K. Ward and D. MacMillan
August 12, 2004
Page Two
the allegations and issues and identification of the specific statutes and rules involved in this matter, to enable her to prepare for the hearing. This additional information must be provided no later than the end of the day on Tuesday, August 17, 2004. The more complete explanation should be served by facsimile transmission or personal delivery to ensure that it is available to Ms. Ward as quickly as possible.
Because the hearing is scheduled for August 20, I will expect both of you to provide each other with copies of all documents that you plan to offer into evidence at the hearing as soon as possible, but no later than August 17, 2004. You should also provide each other with a list of the people you plan to call as witnesses by August 17.
I have enclosed with Ms. Ward’s letter copies of a pamphlet and some other materials prepared by my office for use by those who choose to appear without an attorney in contested case proceedings. She may also wish to review the information available at our website ( www.oah.state.mn.us ).
I look forward to seeing you at the hearing on August 20.
Sincerely,
s/Barbara L. Neilson
BARBARA L. NEILSON
Administrative Law Judge
Telephone: 612-341-7604