January 06, 2015 - 1. The Commissioner of Health (Commissioner) should further recommend that tag F282 be set aside as the evidence does not establish a deficient practice.
2. The Commissioner should further recommend that tag F314 be set aside because the evidence does not establish a deficient practice and the outcome was unavoidable.
January 05, 2015 - 1. The Complaint is DISMISSED.
2. Because the costs of the Office of Administrative Hearings in connection with this matter exceeded the amount of the filing fee, Mr. Tallman is not entitled to a refund of the filing fee under Minn. Stat. § 13.085, subd. 6 (d) (2014).
3. Because the Complaint has not been shown to have been frivolous in nature, or to have been brought for the purposes of harassment, the City is not entitled to recover reasonable attorneys fees under Minn. Stat. § 13.085, subd. 6(e) (2014).