12-1800-16298-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of the
Revocation of the License of Brenda Jo Kelley to Provide Adult Foster Care |
PROTECTIVE
ORDER
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Upon the request of the Department of
Human Services, Licensing Division, and Carlton County Public Health and Human
Services, and pursuant to Minn. Stat. §§ 13.03, subd. 6; and
14.60, subd. 2, it is ordered that:
1.
Disclosure of not
public data is permitted in the course of this matter, but is limited to
parties, counsel of record, employees assisting counsel, and representatives
and witnesses of the parties to the extent necessary to prepare and present
claims and defenses or as required by court order.
2.
Licensee and
Licensee’s counsel, representatives, or witnesses may not disclosure any data
encompassed by this order to persons other than those mentioned in paragraph
one above, and must return all data released pursuant to this order to counsel
for the Department of Human Services Agency at the conclusion of this matter.
3.
Notwithstanding
Minn. Stat. § 13.46, subds. 3 or 4(e), data identifying victims or witnesses
who are children or vulnerable adults shall not become public data by virtue of
having been submitted to this proceeding and shall remain not public after the
conclusion of this hearing. In
preparation for and during the hearing, the parties may refer to names of
individuals involved and will have access to documents containing private
information. Unless the Administrative
Law Judge determines that it is in the best interest of the alleged victims or
witnesses who are children or vulnerable adults, the record will not be
sealed. The Administrative Law Judge’s
Recommendation and the Commissioner’s Order shall use non-identifying initials
or aliases in place of the names of any alleged victims and witnesses who are
children or vulnerable adults.
4.
The hearing in
this matter is presumed open. If there
is testimony by an alleged victim or witness who is a child or a vulnerable
adult, that portion of the hearing shall be closed. If a transcript is ordered, the names of the
alleged victims and witnesses who are children or vulnerable adults shall be
redacted and replaced by non-identifying initials or aliases.
5.
The data encompassed
by this order may be used only in this proceeding and not for any other purpose
including collateral litigation, unless otherwise ordered by a court of law.
6.
This Protective
Order does not authorize the disclosure of the identity of reporters of maltreatment
under Minn. Stat. §§ 626.556, subd. 11; or 626.557, subd. 12b(c).
7.
This protective
order does not authorize the disclosure of any videotapes of any child victim
or alleged child victim unless the requirements of Minn. Stat. § 611A.90, subd.
2, paragraph (b) have been met. See, Minn. Stat. § 13.03, subd. 6.
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Dated this |
6th |
day of |
July |
2005. |
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/s/ Steve M. Mihalchick |
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STEVE M. MIHALCHICK |
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Administrative Law Judge |