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OAH 3-1800-19122-2 |
STATE
OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of the Denial of the Family Child Care License of Mary Marshall |
FINDINGS OF FACT,
CONCLUSIONS AND RECOMMENDATION |
The above-entitled matter came on for
hearing before Administrative Law Judge Kathleen D. Sheehy on August 30, 2007,
at 9:00 a.m., at
David MacMillan, Assistant Ramsey County Attorney,
Mary Marshall,
STATEMENT OF ISSUES
The issues
presented in this case are whether the Commissioner properly denied Ms.
Marshall’s application for a family child care license because she failed to
comply with applicable laws or rules and knowingly withheld relevant
information from or gave false or misleading information to the Commissioner in
connection with an application for a license.
Based upon all of the files, records and proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1.
On July 27, 2007, the Department sent by first class mail a
copy of the Notice and Order for Hearing
to
Mary Marshall at
2.
The Notice and Order for Hearing scheduled a hearing in this
matter at 9:00 a.m. on August 30, 2007, at
3.
The Notice and Order for Hearing specifically notified the Applicant
as follows:
Failure to appear at the hearing will result
in the allegations of the Notice and Order for Hearing, including the
incorporated order [from the Commissioner], being taken as true. This means that the action being appealed
will be upheld.[2]
4.
The Applicant did not appear for the hearing, nor did the
Applicant contact the Administrative Law Judge prior to the hearing to seek a
continuance or request any other relief.
5.
Because the Applicant failed to appear for the hearing, she
is in default.
6.
Pursuant to Minn. R. 1400.6000, the allegations contained in
the Notice and Order for Hearing are taken as
true and incorporated by reference into these Findings of Fact.
Based
upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1.
The Administrative Law Judge and the Commissioner are
authorized to consider the charges against Respondent under Minn. Stat. §§
14.50 and 245A.05 (2006).
2.
The Applicant received due, proper and timely notice of the reasons
for denial of the license and of the time and place of the hearing. This matter is, therefore, properly before
the Commissioner and the Administrative Law Judge.
3.
The Department has complied with all relevant procedural
legal requirements.
4.
Under Minn. R. 1400.6000, a contested case may be decided
adversely to a party who defaults. On
default, the allegations set out in the Notice and Order for Hearing or other
pleadings may be taken as true or deemed proved without further evidence.
5.
The Applicant is in default as a result of her failure to
appear at the hearing.
6.
The Commissioner may deny a license if an applicant fails to
comply with applicable laws or rules, or knowingly withholds relevant
information from or gives false or misleading information to the Commissioner
in connection with an application for a license or during an investigation.[3]
7.
An applicant
shall not be issued a license if the applicant or any other person living in
the day care residence or present during the hours children are in care, or
working with children, abuses prescription drugs or uses controlled substances
or alcohol to the extent that the use or abuse has or may have a negative
effect on the ability of the provider to give care or is apparent during the
hours children are in care. Caregivers
who have abused or are dependent on chemicals and who have gone through
treatment or therapy must have 12 months of verified abstinence before
licensure.[4]
8.
In connection
with her application, the Applicant submitted information that an adult family
member living in her home had a history of chemical dependency treatment but
could not provide verification of 12 months of abstinence. The Applicant then submitted false
information to the Department indicating that the adult family member had moved
out of her home and that the Applicant did not provide care for this family
member’s child.[5]
9.
The Commissioner
properly denied the license on the basis that the Applicant failed to comply
with applicable laws or rules or knowingly withheld relevant information from
or gave false or misleading information to the Commissioner in connection with
the application for a license.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:
IT IS HEREBY
RECOMMENDED: that the Commissioner affirm the denial of a family child care
license of Mary Marshall.
Dated: August 30, 2007.
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s/Kathleen D. Sheehy |
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KATHLEEN D. SHEEHY |
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Administrative Law Judge |
Reported: Default
This
report is a recommendation, not a final decision. The Commissioner of Human Services will make
the final decision after a review of the record and may adopt, reject or modify
these Findings of Fact, Conclusions, and Recommendation. Under Minn. Stat. § 14.61, the Commissioner
shall not make a final decision until this Report has been made available to
the parties for at least ten days. The
parties may file exceptions to this Report and the Commissioner must consider
the exceptions in making a final decision.
Parties should contact Cal Ludeman, Commissioner, Department of Human
Services,
If the
Commissioner fails to issue a final decision within 90 days of the close of the
record, this report will constitute the final agency decision under Minn. Stat.
§ 14.62, subd. 2a. The record closes
upon the filing of exceptions to the report 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.