Opinions Archive

 

April 2011

Results 1 - 10  (28 total results)

  • 7-0330-21877-BA In the Matter of the Petition for the Dissolution of the City of Tenney
    April 18, 2011 - Should the City of Tenney conduct a referendum vote on the issue of dissolution of the City on June 21, 2011?The ALJ concludes that the City of Tenney should conduct such a referendum vote.
  • 11-2400-21811-1 In the Matter of the Proposed Rules of the Minnesota Department of Public Safety Governing Credit and Debit Card Acceptance by Driver’s License Agents and Deputy Registrars; Minnesota Rules 7404.0100; 7404.0400; 7404.0450; 7404.0500; 7406.0100; 7406.0400; 7406.0450; and 7406.0500
    April 06, 2011 - IT IS HEREBY ORDERED: that the findings of the Administrative Law Judge in the April 4, 2011 Order on Review of Rules under Minnesota Statutes, Section 14.26, regarding the disapproval of the rules are approved.
  • 8-1900-21251-2 In the Matter of the QRC Firm Registration of PAR, Inc., Findings of Fact, Conclusions and Recommendation and WCCA Opinion
    April 06, 2011 - serving clients K.A. and C.J. inconsistent with the requirements of PAR’s registration as a Rehabilitation Firm? Did PAR’s employment agreements with Brian Finstead and Gerald Guzik violate the prohibitions on fee-splitting by Qualified Rehabilitation Consultants? Did PAR’s employment agreements with Brian Finstead and Gerald Guzik violate the rights of client-employees to choose a qualified rehabilitation consultant, under Minn. Stat. 176.102, subd. 4? Did PAR violate its duty to cooperate with the Department’s investigation of misconduct? The Administrative Law Judge concludes that the conduct of PAR’s owner, John Richardson, is properly attributable to PAR, and that his conduct while serving C.J. and K.A. was inconsistent with PAR’s role as a Rehabilitation Firm. Additionally, the Administrative Law Judge concludes that while PAR’s employment agreements with Brian Finstead and Gerald Guzik violated the prohibition on fee-splitting among Qualified Rehabilitation Consultants, the arrangements did not deprive any client-employees of the opportunity to freely choose a rehabilitation provider. Lastly, the Administrative Law Judge concludes that the Department did not establish that PAR failed to cooperate with its investigation.
  • 8-1900-21251-2 In the Matter of the QRC Firm Registration of PAR, Incorporated, FINDINGS OF FACT, CONCULSIONS AND RECOMMENDATION & WCCA OPINION
    April 06, 2011 - Is John Richardson’s conduct attributable to PAR for purposes of discipline of PAR’s Rehabilitation Firm registration? Was John Richardson’s conduct in serving clients K.A. and C.J. inconsistent with the requirements of PAR’s registration as a Rehabilitation Firm? Did PAR’s employment agreements with Brian Finstead and Gerald Guzik violate the prohibitions on fee-splitting by Qualified Rehabilitation Consultants? Did PAR’s employment agreements with Brian Finstead and Gerald Guzik violate the rights of client-employees to choose a qualified rehabilitation consultant, under Minn. Stat. 176.102, subd. 4? Did PAR violate its duty to cooperate with the Department’s investigation of misconduct? The Administrative Law Judge concludes that the conduct of PAR’s owner, John Richardson, is properly attributable to PAR, and that his conduct while serving C.J. and K.A. was inconsistent with PAR’s role as a Rehabilitation Firm. Additionally, the Administrative Law Judge concludes that while PAR’s employment agreements with Brian Finstead and Gerald Guzik violated the prohibition on fee-splitting among Qualified Rehabilitation Consultants, the arrangements did not deprive any client-employees of the opportunity to freely choose a rehabilitation provider. Lastly, the Administrative Law Judge concludes that the Department did not establish that PAR failed to cooperate with its investigation.
  • 11-2400-21811-1 In the Matter of the Proposed Rules of the Minnesota Department of Public Safety Governing Credit and Debit Card Acceptance by Driver’s License Agents and Deputy Registrars; Minnesota Rules 7404.0100; 7404.0400; 7404.0450; 7404.0500; 7406.0100; 7406.0400; 7406.0450; and 7406.0500
    April 04, 2011 - The Department has the statutory authority to adopt the proposed amendments to Minnesota Rules Chapter 7406 (relating to deputy registrars); however, the Department lacks the statutory authority to adopt the proposed amendments to Minnesota Rules Chapter 7404 (relating to driver’s license agents). Accordingly, the Department’s proposed amendments to Chapter 7404 are DISAPPROVED as not meeting the requirements of Minn. Stat. § 14.26, subd. 3(a), and Minnesota Rules part 1400.2100, item D. The rules were not adopted in compliance with all procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400; however, the error made by the Department was harmless in nature and should be disregarded.
  • 090021813 rt
    April 01, 2011 - ------------ * CONCLUSIONS * RECOMMENDATION * NOTICE 11-0900-21813-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE DEPARTMENT OF HEALTH In the Matter of an Assessment Issued to Wendigo Pines Assisted Living and Memory Care, Inc. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Barbara L. Neilson on March 14, 2011, at the Office of Administrative
  • 130621836 DEF Rec
    April 01, 2011 - ------------ * NOTICE OAH 15-1306-21836-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE BOARD OF SCHOOL ADMINISTRATORS In the Matter of the School Administrative Licenses of Daniel S. Anderson FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matter came on for a Prehearing Conference before Administrative Law Judge Beverly Jones Heydinger (ALJ) on April 6, 2011, at the Office of Administrative Hearings. Bernard E. Johnson,
  • 180021808 prot ord
    April 01, 2011 - ------------ * PROTECTIVE ORDER OAH 3-1800-21808-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COMMISSIONER OF HUMAN SERVICES In the Matter of the Disqualification of and Revocation of the Family Child Care License of Julia Kachkovsky PROTECTIVE ORDER Upon the request of the Department of Human Services, Licensing Division, and Ramsey County Human Services Department, and pursuant to Minn. Stat. 13.03, subd. 6, and 14.60,
  • 180021803.rt
    April 01, 2011 - 11-1800-21803-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE DEPARTMENT OF HUMAN SERVICES In the Matter of the Maltreatment Determination, Order to Forfeit a Fine, and Order of Conditional License Imposed Against the Family Child Care License of Joyce L. Arends FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matter came on for hearing before Administrative Law Judge Barbara L. Neilson on March 10, 2011, at the Wright
  • 180021518 prot ord SIRS
    April 01, 2011 - ------------ * PROTECTIVE ORDER OAH 3-1800-21518-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COMMISSIONER OF HUMAN SERVICES In the Matter of the SIRS Appeal of Julie Ann Holweger PROTECTIVE ORDER Pursuant to Minn. Stat. 13.03, subd. 6, and 14.60, subd. 2, and Minn. R. 1400.6700, subp. 4, and based on a consideration of Julie Ann Holweger s (Appellant s) need for certain data that the Department of Human Services
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