15-1800-20732-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of the Appeal
of Adventure Alley Child Care Center, Inc., Regarding the Order to Forfeit a Fine |
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; 14.60, subd. 2; and 626.556, subd. 11 (a):
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.
Adventure Alley
Child Care Center, Inc, 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.
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.
The data encompassed
by this Protective 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.
6.
Should any party
seek to use the information subject to this Protective 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.
7.
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.
8.
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.
9.
Nothing in this Protective
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 9th day of September, 2009.
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s/Beverly Jones Heydinger |
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BEVERLY
JONES HEYDINGER |
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Administrative
Law Judge |