11-1800-18010-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In
the Matter of the Determination of Maltreatment and Disqualification for Mary
Berg and the Foster Care License Revocation of Lawrence and Mary Berg |
PROTECTIVE ORDER
|
Upon the request of
the Department of Human Services, Licensing Division, and the and pursuant to
Minn. Stat. §§ 13.03, subd. 6; 14.60, subd. 2,
256.045, subd. 4(b), and 626.556,
subd. 11(a),
IT IS HEREBY ORDERED as follows:
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.
Mary and Lawrence
Berg and their 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 to this proceeding
and shall remain not-public data 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.
Date: April 27, 2007
_s/Barbara
L. Neilson____________
BARBARA
L. NEILSON
Administrative
Law Judge