OAH 15-1800-20087-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of Order to
Forfeit a Fine and Order of Conditional License for La Crèche Early |
PROTECTIVE ORDER
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Upon the request of the Department of
Human Services, Licensing Division, and pursuant to Minn. Stat. §§ 256.045,
subd. 4 (b) and 626.556, subd. 11 (a) (2008),
IT
IS HEREBY ORDERED:
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.
La Crèche Early
Childhood Center and its counsel, 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.
The data
encompassed by this order may be used only in this proceeding and not for any
other purpose including collateral litigation without prior order. 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 or in the district court
with notice to the other party, requesting permission to use the information
and detailing the reasons for the request.
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.
This Protective
Order does not authorize the disclosure of the identity of reporters of maltreatment
under Minn. Stat. § 626.556, subd. 11 (a).
6.
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.
7.
This protective
order does not authorize the disclosure of any videotapes of any child victim
or alleged child victim alleging, explaining, denying, or describing an act of
physical or sexual abuse unless the requirements of Minn. Stat. § 611A.90,
subd. 2, paragraph (b) have been met.
See, Minn. Stat. § 13.03,
subd. 6.
8.
Nothing in this
Order is intended to limit availability of judicial review of the
Commissioner’s final order as provided by Minn. Stat. §§ 14.63 - .69.
Dated this 5th day of December, 2008.
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s/Beverly Jones Heydinger |
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BEVERLY
JONES HEYDINGER |
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Administrative
Law Judge |