OAH Docket No. 12-1800-19984-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF HUMAN SERVICES

In the Matter of the Revocation of the License of Marilyn Hazen to Provide Child Foster Care

RECOMMENDATION FOR DISMISSAL

This matter had been set for a hearing to be held January 8, 2009. On January 7, 2009, counsel for the Licensee filed a Withdrawal of Appeal. It stated, "Marilyn Hazen dismisses the appeal filed by certified mail on October 3, 2008," and was signed by both Licensee and her counsel.

Based upon the Withdrawal of Appeal, the Administrative Law Judge makes the following,

RECOMMENDATION

IT IS RESPECTFULLY RECOMMENDED that the revocation of the license of Marilyn Hazen to provide child foster care be AFFIRMED and that her appeal thereof be DISMISSED.

Dated: January 8, 2008

/s/ Steve M. Mihalchick

__________________________

STEVE M. MIHALCHICK

Administrative Law Judge

NOTICE

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. The Commissioner may adopt, reject, or modify this Recommendation. Under Minn. Stat. § 14.61, the final decision of the Commissioner shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the Commissioner. Parties should contact Cal Ludeman, Commissioner, Department of Human Services, PO Box 64998, St. Paul, MN 55164-0998, 651-431-2907 to learn the procedure for filing exceptions or presenting argument.

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.

Under Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail or as otherwise provided by law.