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OAH No. 46-1800-19123-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF HUMAN SERVICES
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In the
Matter of the Denial of the Family Child Care License of Brenda Lee
Meyer |
ORDER |
The above-entitled matter came on for hearing before Administrative Law Judge Barbara J. Runchey on September 9, 2008.
Todd M. Gillette, Assistant Sibley County Attorney, 207
North Main, Box H,
STATEMENT OF THE ISSUE
Whether the Department of Human
Services’ Motion for Summary Disposition should be granted.
Based on the evidence in
the hearing record, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1.
Brenda L. Meyer participated in an applicant background
study pursuant to Minn. Stat. § 245C.[1]
2.
The study allegedly indicated that Brenda L. Meyer was
“disqualified from direct contact with, or access to, persons served by the
program due to an admission of a gross misdemeanor-level of neglect or
endangerment of a child, MN Statue [sic] 609.378, which occurred on
3.
A request by Brenda L. Meyer for reconsideration of her
disqualification was forwarded to DHS, Division of Licensing, and received on
4.
By certified letter dated
committed the
following act which meets the definition of a disqualifying characteristic under
Minnesota Statutes, section 245C.15:
·
On
5. The Commissioner of Human Services
further determined “your request for reconsideration did not indicate that you
believed the information relied upon to disqualify you was incorrect. Therefore, the correctness of your
disqualification is now conclusive pursuant to Minnesota Statutes 245C.29, subdivision.
2.”[5]
6. On or about
·
She was never convicted of child endangerment and only
admitted to child endangerment so she could receive a stay of adjudication; which
meant she would not be charged and the offense would stay off her record.[6]
·
That she submitted letters from Chester Aldrich and Donald
Lannoye which stated she was not a threat and that her license should be
reconsidered.[7]
·
That the fact she admitted to child endangerment should be
reconsidered based on the fact she was not convicted.[8]
·
That there was an error made in her case and some things
were overlooked.[9]
·
That her request for reconsideration was incorrect.[10]
·
That her case was dismissed from Court, that she was never
charged and that the matter should not have showed up on her background check. That she is a mother was seven children.[11]
·
That the reconsideration was incorrect.[12]
7. A motion for summary disposition dated
August 20, 2008, was served on Brenda L. Meyer on
8. Brenda L. Meyer did not submit and file a
written response required under Minn. R. 1400.6000 within 10 days after
the summary disposition motion was served.
9. The file is not complete and the source
of materials is unclear.
Based
upon the submissions of the parties, the files, records, and proceedings in
this matter, and for the reasons detailed in this Memorandum below,
IT IS HEREBY ORDERED THAT the Motion for
Summary Disposition be DENIED.
Dated: September 9, 2008
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s/Barbara
J. Runchey |
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BARBARA J. RUNCHEY |
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Administrative Law Judge |
MEMORANDUM
Summary disposition is
the administrative equivalent of summary judgment in district court practice. It is appropriate in cases where there is no
genuine dispute about the material facts, and one party must necessarily
prevail when the law is applied to the undisputed facts.[14] When considering motions for summary
disposition in contested case proceedings, the Office of Administrative
Hearings generally followed the standards and criteria that emerged in practice
under the Minnesota Rules of Civil Procedure.[15]
There, a genuine issue is considered to
be one that is not a sham or frivolous, and a material fact is one whose
resolution will affect the result or outcome of the case.[16]
The moving party has the initial responsibility
of showing that no material fact is a dispute.
A genuine issue will exist even if it appears unlikely the opposing
party will prevail at trial.[17]. The court must review evidence in a light
most favorable to the non-moving party.[18]
The Administrative Law Judge then must
make a recommendation about the appropriate interpretation of the law and about
how that law applies to the undisputed facts.
The documents provided to
the court do not provide sufficient facts which would permit the issuance of a
summary disposition recommendation.
Other than the motion for
summary disposition (which contained a memorandum and several attachments), no
documents or exhibits were provided which would allow a determination that
Brenda L. Meyers was charged and arraigned on the charges of child endangerment
in violation of
Moreover, while Sibley
County File Number 72-CR-05-142, Order of Discharge and Dismissal dated March
21, 2006, which was attached to the Motion for Summary Disposition, indicates that
Brenda L. Meyers was discharged from probation due to “satisfactory adjustment
and the charge of Gross Misdemeanor Endanger Child-Situation Could Cause Harm
or Death was dismissed,” it does not indicate the citation of the statutory
offense she was charged with. Moreover,
it does not contain “a conviction of or admission to one or more crimes listed
in section 245C.15” which is a requirement for disqualification under Minn.
Stat. § 518C.14. Specifically, no
documents were presented (including, but not limited to: a Complaint, a plea petition
or transcript) which could have established that Brenda L. Meyers was convicted
or admitted to a disqualifying crime or conduct which is identified under Minn.
Stat. §§ 245C.14 and 245C.15.
The documents filed to
date are fragmentary and inconclusive. Therefore,
any and all correspondence, documents and all other relevant information examined
by
B.J.R.
[1] Letter dated February 7, 2008, from Gail Berle to Brenda L. Meyer attached to Sibley County Motion for Summary Disposition.
[2]
[3]
Letter dated
[4]
[5]
[6] Letter dated July 8, 2008, from Brenda Lee Meyer to Commissioner, Department of Human Services, attached to Sibley County Motion for Summary Disposition.
[7] Letter dated July 8, 2008, from Brenda Lee Meyer to Commissioner, Department of Human Services, attached to Sibley County Motion for Summary Disposition.
[8] Letter dated July 8, 2008, from Brenda Lee Meyer to Commissioner, Department of Human Services, attached to Sibley County Motion for Summary Disposition.
[9] Letter dated July 8, 2008, from Brenda Lee Meyer to Commissioner, Department of Human Services, attached to Sibley County Motion for Summary Disposition.
[10] Letter dated July 8, 2008, from Brenda Lee Meyer to Commissioner, Department of Human Services, attached to Sibley County Motion for Summary Disposition.
[11] Letter dated July 8, 2008, from Brenda Lee Meyer to Commissioner, Department of Human Services, attached to Sibley County Motion for Summary Disposition.
[12] Letter dated July 8, 2008, from Brenda Lee Meyer to Commissioner, Department of Human Services, attached to Sibley County Motion for Summary Disposition.
[13]
Affidavit of Service signed by Carol A. Poock dated
[14] Sauter v. Sauter, 70 N.W.2d 351, 353 (
[15] Compare
[16] Illinois Farmers Insurance Co. v. Tapemark
Co., 273 N.W.2d 630, 634 (
[17] Whisler v. Findeisen, 280
[18] Grondahl v. Bulluck, 318 N.W.2d 240, 242
(