15-1800-20591-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of the Determination
of Maltreatment, Disqualification from Direct Contact, and Order of License
Revocation for Patricia and Wayne Zabel |
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, including but not limited to data collected or maintained pursuant
to Minn. Stat. §§ 256.045, subd. 4(b), 626.557, subd. 12b(b), and 626.556, subd. 11(a), 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.
Patricia and
Wayne Zabel 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.
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 22nd day of June, 2009.
|
s/Beverly Jones Heydinger |
|
BEVERLY
JONES HEYDINGER |
|
Administrative
Law Judge |