OAH 61-1800-20446-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of the
Temporary Immediate Suspension of the License of Bethany Garcia to Provide
Family Child Care under Minnesota Rules, parts 9502.0300 to 9502.0445 |
PROTECTIVE
ORDER
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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.
Licensee, Bethany
Garcia, and Licensee’s 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 Rice County Social Services Department 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 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 any child victim
or alleged child victim unless the requirements of Minn. Stat. § 611A.90,
subd. 2(b) have been met. See, Minn.
Stat. § 13.03, subd. 6.
Dated: April 13, 2009
s/M.
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M. KEVIN SNELL Administrative Law Judge |