|
|
OAH 16-1800-20676-2 |
STATE OF
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR THE
COMMISSIONER OF HUMAN SERVICES
|
In the Matter of the Contested
Case of LaTonya Loya McIntosh |
FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION |
The
above-entitled matter came on for prehearing conference before Administrative
Law Judge Manuel J. Cervantes on September 8, 2009, at 9:30 a.m. at the Office
of Administrative Hearings in
STATEMENT
OF ISSUES
The issues presented in
this case are: 1) whether the Minnesota Department of Health’s (MDH) maltreatment
determinations against Respondent are conclusive; 2) whether the Department
properly denied a set-aside or variance of Respondent’s disqualification; and
3) whether the Department properly denied Respondent’s application for child
foster care.
Based upon all
of the proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1.
The Notice and
Order for Prehearing Conference was served upon Respondent at her last known
address on file with the Department by first class postage prepaid mail on July
17, 2009.[2] The Notice and Order scheduled the prehearing
conference for September 8, 2009 at 9:30 a.m. at the Office of Administrative
Hearings in
2.
In the Notice
and Order for Prehearing Conference, the Department alleged that the MDH made
maltreatment determinations against Respondent; the Department denied a
set-aside or variance of Respondent’s disqualification; and denied Respondent’s
application to provide child foster care.
3.
The Notice and
Order for Prehearing Conference contained the following language:
The Respondent’s failure to
appear at the hearing may result in a finding that the Respondent is in
default, that the Department’s allegations contained in this Notice and Order
may be accepted as true, and its proposed action may be upheld.[3]
4.
The Respondent did
not file a Notice of Appearance with the Office of Administrative Hearings, did
not appear on the scheduled hearing date, did not make another prehearing request
for a continuance, or request any other relief.
The Respondent is, therefore, in default.
5.
The allegations
and issues set forth in the Notice and Order for Prehearing Conference are incorporated
herein by reference in their entirety.
Based upon the foregoing
Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1.
The Commissioner
of Human Services and the Administrative Law Judge have authority to consider
the issues set out in the Notice and Order for Prehearing Conference to take
the action proposed under Minn. Stat. §§ 245A. 04, 245A05, 245A.08 and
14.50.
2.
The Department and
the Office of Administrative Hearings gave proper notice of the hearing in this
matter to the Respondent and have complied with all relevant substantive and
procedural requirements of law and rule.
3.
The Respondent
is in default under Minn. R. 1400.6000 as a result of her failure to appear at
the hearing.
4.
Under Minn. R.
1400.6000, the allegations and the issues set out in the Notice and Order for Prehearing
Conference may be taken as true or deemed proved without further evidence when
a party defaults.
5.
The allegations
in the Notice are sufficient to establish a factual predicate for the Department
to conclude that MDH’s maltreatment determinations against Respondent are
conclusive; that the Department properly denied a set-aside or variance of
Respondent’s disqualification; and the Department properly denied Respondent’s
application for child foster care.
Based upon the foregoing Conclusions, the Administrative
Law Judge makes the following:
IT IS
HEREBY RECOMMENDED: that the Commissioner of Human Services dismiss this case
with prejudice.
Dated: September 23, 2009
|
s/Manuel J. Cervantes |
|
MANUEL J. CERVANTES |
|
Administrative Law Judge |
Reported: Default
This report is
a recommendation, not a final decision.
The Commissioner of Human Services will make the final decision after a
review of the record and may adopt, reject or modify these Findings of Fact,
Conclusions, and Recommendation. Under
Minn. Stat. § 14.61, the Commissioner shall not make a final decision until
this Report has been made available to the parties for at least ten days. The parties may file exceptions to this
Report and the Commissioner must consider the exceptions in making a final
decision. Parties should contact Cal
Ludeman, Commissioner of Human Services,
The record
closes upon the filing of exceptions to the report and the presentation of
argument to the Commissioner, or upon the expiration of the deadline for doing
so. The Commissioner must notify the
parties and the Administrative Law Judge of the date on which the record
closes.
Pursuant to
Minn. Stat. § 14.62, subd. 1, the Commissioner is required to serve its final
decision upon each party and the Administrative Law Judge by first class mail.