Opinions Archive

 

September 2011

Results 1 - 10  (11 total results)

  • 58-1800-22243-2 Temporary Immediate Suspension of the License of Jane Daugherty
    September 30, 2011 - Should the temporary immediate suspension of Respondent’s adult foster care license remain in effect, pending a final order, based on the existence of reasonable cause to believe that her actions or failure to comply with applicable law pose an imminent risk of harm to the health, safety, or rights of persons served by the program?
  • 8-2000-22287-1 Exempt Rules of the Department of Natural Resources Relating to Removing the Spearing Ban on Cass Lake
    September 27, 2011 - The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400. According to the 2011 Laws of Minnesota, First Special Session, Chapter 2, Article 5, Section 68, the Department has the statutory authority to adopt these proposed rules using the exempt rulemaking process. The adopted rules are APPROVED.
  • 3-5000-21958-3 Proposed Discharge of Carl D. Ostling from Hennepin County Medical Center
    September 27, 2011 - The issue presented is whether the HCMC may discharge the Veteran for incompetency or misconduct as provided in the Veterans Preference Act, Minn. Stat. § 197.46 (2010). The Administrative Law Judge concludes that the Veteran’s violation of attendance policies and interpersonal conduct policies amount to misconduct and that the proposed termination of his employment should be affirmed.
  • 3-1800-22180-2 Temporary Immediate Suspension of the Family Child Care License of Maureen Ide
    September 19, 2011 - This matter came on for hearing before Administrative Law Judge Kathleen D. Sheehy on August 29, 2011, and August 31, 2011, at the Dakota County Judicial Center, 1560 Highway 55, Hastings, Minnesota. The OAH record closed on September 9, 2011, upon receipt of the County’s post-hearing submission. Should the temporary immediate suspension of the family child care license of Maureen Ide remain in effect because there is reasonable cause to believe that there is an imminent risk of harm to the health, safety, or rights of children in her care?
  • 61-1800-22059-2 Revocation of the License of John and Teresa Smith to Provide Adult Foster Care
    September 16, 2011 - The above matter came on for hearing before Administrative Law Judge M. Kevin Snell on August 18, 2011. The issue is whether the Department of Human Services’ order of revocation of Licensees’ adult foster care license must be upheld because Licensees have a permanently disqualified person living in the foster care home. The Administrative Law Judge concludes that the Commissioner must confirm the order of revocation because, at the time of the hearing, a permanently disqualified person was living in the foster care home.
  • 3-1902-21949-2 In the Matter of the Licensing Order Issued to Matthew J. Barrett
    September 14, 2011 - The Department’s Motion to Compel Discovery is GRANTED IN PART AND DENIED IN PART, as more fully explained in the attached Memorandum; and the Respondent shall supplement his response to Interrogatory No. 4 by 4:30 p.m. on September 28, 2011; and the procedural schedule is amended to require the parties to exchange their exhibits and witness lists on October 26, 2011. The hearing remains scheduled to take place at OAH commencing at 9:30 a.m. on November 4, 2011.
  • 3-1902-21879-2 In the Matter of the Licensing Order Issued to Gabriel Smith
    September 14, 2011 - The Department’s Motion to Compel Discovery is GRANTED IN PART AND DENIED IN PART, as more fully explained in the attached Memorandum.
  • 8-0305-22159-DP Marshall Helmberger v. Johnson Controls
    September 14, 2011 - Mr. Helmberger alleges that Respondent Johnson Controls violated the Minnesota Government Data Practices Act by denying him access to a copy of a certain subcontract between Johnson Controls and Architectural Resources. Respondent Johnson Controls filed an initial response to the Complaint on August 18, 2011. After reviewing the Complaint and Johnson Controls’ Response to the Complaint, the Administrative Law Judge has determined that the Complaint does not present sufficient facts to believe that violations of Chapter 13 have occurred.
  • 3-1800-22231-2 Temporary Immediate Suspension of the Family Child Care License of Cheryl Flanders
    September 12, 2011 - This matter came on for hearing before Administrative Law Judge Kathleen D. Sheehy on September 1, 2011, in the conference room at the Mower County Courthouse, 201 Second Avenue NE, Austin, Minnesota. The OAH record closed at the conclusion of the hearing that day. Should the temporary immediate suspension of the family child care license of Cheryl Flanders remain in effect because there is reasonable cause to believe that there is an imminent risk of harm to the health, safety, or rights of children in her care?
  • 3-1004-22145-2 Insurance Producers License of Danielle Healy
    September 12, 2011 - This matter came on for hearing before Administrative Law Judge Kathleen D. Sheehy on September 6, 2011, at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota. Michael J. Tostengard, Assistant Attorney General, appeared on behalf of the Minnesota Department of Commerce (Department). Danielle Healy (Applicant) appeared on her own behalf without counsel. STATEMENT OF ISSUES 1.) Should the license application be denied because the Applicant has been convicted of crimes involving moral turpitude, as provided in Minn. Stat. § 60K.43, subd. 1(6) (2010)? 2.) Should the license application be denied because the Applicant has demonstrated untrustworthiness, as provided in Minn. Stat. §§ 45.027, subd. 7?
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