11-1800-20875-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In the Matter of the
Temporary Immediate Suspension of the Family Child Care License of Rhonda
Lehman |
PROTECTIVE ORDER
|
Upon the request of
the Department of Human Services, Licensing Division, and Brown County Family
Services, and pursuant to Minn. Stat. §§ 13.03, subd.
6, and 14.60, subd. 2,
IT IS HEREBY ORDERED as follows:
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.
Rhonda Lehman and
her counsel and any of her 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 Brown County Family Services at the conclusion of this matter.
3.
Notwithstanding
Minn. Stat. § 13.46, subds. 3 or 4(e), data
identifying individuals 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 witnesses who are children or vulnerable adults, the record will
not be sealed. The Administrative Law
Judge’s Report and the Commissioner’s Order shall use non-identifying initials
or aliases in place of the names of any children or vulnerable adults.
4.
The hearing in
this matter is presumed open. If there
is testimony by an individual who is a child or a vulnerable adult, that
portion of the hearing shall be closed.
If a transcript is ordered, the names of children and 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.
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).
Date: October 1, 2009
s/Barbara
L. Neilson
______________________________
BARBARA
L. NEILSON
Administrative
Law Judge