OAH 15-1800-17624-2
STATE OF
OFFICE OF ADMINISTRATIVE
HEARINGS
FOR THE COMMISSIONER OF
HUMAN SERVICES
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In
the Matter of License of Kelli Sinnott to Provide Family Child Care |
PROTECTIVE ORDER
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Upon
the request of the Department of Human Services, Licensing Division, and
pursuant to Minn. Stat. §§ 13.03, subd. 6; and 14.60, subd. 2,
IT
IS HEREBY ORDERED:
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.
Kelli Sinnott and her counsel, representatives, or witnesses may not
disclose 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 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 in 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.
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).
6.
Should any party seek to use the information subject to this Order in a
manner inconsistent with the Order, that party shall bring a motion before the
Administrative Law Judge with notice to the other party, requesting permission
to use the information and detailing the reasons for the request.
7.
This Protective Order may be modified or amended by agreement of the
parties and notice to the Administrative Law Judge, or upon application to the
Administrative Law Judge for good cause shown.
8.
This protective order does not authorize the disclosure of any
videotapes of any child victim or alleged child victim alleging, explaining,
denying, or describing an act of physical or sexual abuse unless the
requirements of Minn. Stat. § 611A.90, subd. 2, paragraph (b) have been
met. See, Minn. Stat. § 13.03, subd. 6.
9.
Nothing in this Order is intended to limit availability of judicial
review of the Commissioner’s final order as provided by Minn. Stat. §§ 14.63 -
.69.
Dated: December
6, 2006
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s/Beverly
Jones Heydinger |
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BEVERLY JONES HEYDINGER |
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Administrative Law Judge |