OAH 15-1800-20490-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of the Order
to Forfeit a Fine and Order of Conditional LIcense
of Roseline Alaka |
PROTECTIVE ORDER
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Upon the request
of the Department of Human Services, Licensing Division, and pursuant to Minn.
Stat. §§ 13.03, subd. 6; and
14.60, subd. 2,
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.
America’s Choice
Adult Foster Care, Roseline Alaka,
and their 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.
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 in 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.
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).
6.
The data
encompassed by this Order may be used only in this proceeding and not for any
other purpose including collateral litigation, unless ordered by a court of law
to disclose the data.
7.
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.
8.
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.
9.
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.
10.
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 __6th ___ day of May, 2009.
|
s/Beverly Jones Heydinger |
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BEVERLY
JONES HEYDINGER |
|
Administrative
Law Judge |