11-1800-20077-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In
the Matter of the Revocation of the License of Tetyana Tsinkevich to Provide
Family Child Care |
PROTECTIVE ORDER
|
Upon the request of the Department of
Human Services, Licensing Division, and Hennepin County Human Services, and
pursuant to Minn. Stat. §§ 13.03, subd. 6, and 14.60, subd. 2, and
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.
Tetyana
Tsinkevich and her counsel and any of 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 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 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.
Should any party
seek to use the information subject to this Order in a manner inconsistent with
the Order, that party shall bring a motion before the Administrative Law Judge
with notice to the other party, requesting permission to use the information
and detailing the reasons for the request.
7.
This Protective
Order may be modified or amended by agreement of the parties and notice to the
Administrative Law Judge, or upon application to the Administrative Law Judge
for good cause shown.
8.
This Protective
Order does not authorize the disclosure of videotapes of any child victim or
alleged child victim unless the requirements of Minn. Stat. § 611A.90 have been
met. See Minn. Stat. § 13.03, subd.
6.
Dated: December 12, 2008
s/Barbara
L. Neilson
_________________________
BARBARA
L. NEILSON
Administrative
Law Judge