November 26, 2014 - The Administrative Law Judge concludes that: (1) there was reasonable cause for the Department to believe that Ms. Blankers had violated a rule that is applicable to her daycare facility; (2) Ms. Blankers did not establish that she was in full compliance with the requirements of her family child care license in November of 2013; (3) the Department did not establish that the injuries to the infant in Ms. Blankers’ care were the result of deliberate misconduct, or a cause other than an unfortunate accident; (4) the Department was not correct to conclude that an accidental injury to a child under care amounts to serious maltreatment of a child by physical abuse; (5) Ms. Blankers established that she does not pose a risk of harm to the children served by her daycare; and (6) imposition of a lesser sanction – a conditional license, a suspension, or a fine – but not revocation, is the appropriate regulatory response in this case.
Accordingly, the Administrative Law Judge recommends that the Commissioner reverse both the maltreatment determination and disqualification and modify the Order of Revocation.
November 24, 2014 - 1. The agency has the statutory authority to adopt the rules.
2. The rules were adopted in compliance with all procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400 (2013).
3. Rule part 6110.0400 is APPROVED. All other parts of the rule were approved for legality under the terms of the November 12, 2014 Order.
November 19, 2014 - The Department demonstrated that the Licensee made false statements of material fact in the March 28, 2014, application for renewal of its Class A Professional Home Care Agency license when it represented that it had a system in place to conduct criminal background checks on its employees and that it had a registered nurse who was responsible for supervising persons providing home health aide tasks. The Department also established that the Licensee had failed to initiate background studies regarding current and former employees.
As a result, the Administrative Law Judge concludes that the Department has proper grounds to deny renewal of the Licensee’s Class A Professional Home Care Agency license.
November 17, 2014 - Based on the evidence in the hearing record, the Administrative Law Judge respectfully makes the following recommendations:
1. The Commissioner should affirm the Department’s enforcement of the full penalty under the Administrative Penalty Order based on its finding that Respondent failed to correct the violations cited in the Administrative Penalty Order.
2. The Respondent demonstrated, by a preponderance of the evidence, that it meets the requirements permitting the Commissioner to grant Respondent a variance from the requirements of Minn. R. 4630.0400 and Minn. Stat. § 327.20, subd. 1(3). Therefore, the Administrative Law Judge respectfully recommends that the Commissioner grant Respondent’s request for a variance.
3. Because Respondent meets the requirements permitting the Commissioner to grant Respondent a variance, the Commissioner should reverse the Department’s determination to revoke the Respondent’s manufactured home park license.
November 14, 2014 - The Administrative Law Judge concludes that Mr. Amin did transport aquatic macrophytes in violation of Minn. Stat. § 84D.09, and therefore recommends that the Commissioner AFFIRM the citation.
November 13, 2014 - IT IS HEREBY ORDERED:
1. The Department has the statutory authority to adopt the rules.
2. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400.
3. The record demonstrates the rules are needed and reasonable.
4. The rules are APPROVED.
November 13, 2014 - IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that this matter will be scheduled for a telephone prehearing conference and an evidentiary hearing to be held at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota 55101.