STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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In the matter of the
Temporary Immediate Suspension of the family child care License of Shawna Majerus
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PROTECTIVE ORDER |
OAH Docket No. 2-l800-l9323-2
Upon the request of the Department of Human Services,
Licensing Division, and Rock County Family Services Agency, 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.
Shawna
Majerus and his/her counsel and any of his/her 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 Rock County Family Services
Agency at the conclusion of this matter.
3.
Notwithstanding
MJNN. 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
individual 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
bearing 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 ordered by a court of
law to disclose the data.
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 a child
victim or alleged child victim alleging, explaining, denying, or describing an
act of physical or sexual abuse unless the requirements of MINN. STAT. § 61
1A.90, subd. 2, paragraph (b) have
been met. See MINN. STAT. § 13.03, subd. 6.
FOR THE COMMISSIONER OF HUMAN
SERVICES
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s/Raymond R. Krause |
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11/14/07 |
Administrative Law Judge Date