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About Search Results
The advisory opinion library currently includes:
- Data practices advisory opinions issued by the Commissioner of Administration from 1993 to the present.
- Open Meeting Law advisory opinions issued by the Commissioner of Administration from 2003 to the present.
The Commissioner's authority is found in Minnesota Statutes, section 13.072. Opinions are nonbinding, but a court may give them deference in a court action. Parties to a court action that act in conformity with an advisory opinion are not liable for certain damages or attorneys fees.
A written, numbered, and published opinion issued by the attorney general shall take precedence over an advisory opinion issued by the Commissioner of Administration.
Results 1 - 10 of 17
Advisory Opinion 18-015
October 26, 2018; Professional Educator Licensing and Standards Board
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2018). It is based on the facts and information ...
Description: A member of the public asked the Commissioner about the Professional Educator Licensing and Standards Board’s (PELSB) response to a request for access to additional information regarding the reasons PELSB entered into a Stipulation Agreement and Consent Order with a licensee, due to maltreatment of minors. The detailed data the requester sought related to the nature of the maltreatment. Per Minnesota Statutes section 13.41, subdivision 5, because PELSB and the licensee agreed to resolve the complaint without a public hearing, the only related public data are the “agreement and the specific reasons” for it. The Commissioner agreed with PELSB that the Order itself is “the agreement,” and the factual findings in the stipulation constitute the “specific reasons” for the agreement.
Category: Licensing data
Keywords: Licensing data, Licensing data, Licensing data (13.41)
Commissioner: Matthew Massman
Advisory Opinion 12-015
October 8, 2012; Concordia Creative Learning Academy (CCLA)
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information ...
Description: A charter school asked whether it
was required to share not public data with the
Minnesota Board of Teaching, following an initial
report to the Board by the school. The Commissioner
determined that pursuant to Minnesota Statutes,
section 122A.20, a school is required to share with the
Board any termination or disciplinary proceeding, any
settlement or compromise, or any investigative file in
the school’s files, regardless of any provision in
Chapter 13.
Category: Data sharing, Personnel data, Licensing data
Keywords: Data sharing, Personnel data, Licensing data, Personnel data, Charter schools, Tennessen warning notice
Commissioner: Spencer Cronk
Advisory Opinion 06-026
September 21, 2006; Anoka County
Note: This opinion has been edited to correct inaccuracies.
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota ...
Description: What is the classification of the following data that Anoka County maintains: data indicating all licensed child care providers who have received child care assistance payment for services rendered in the past month?
Category: Licensing data, Welfare data
Keywords: Licensing data, Welfare data, Daycare, child care provider, Licensing data
Commissioner: Dana B. Badgerow
Advisory Opinion 06-013
April 12, 2006; Anoka County
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that Anoka County maintains: data related to the registration of legal non-licensed child care providers?
Category: Licensing data
Keywords: Licensing data, Daycare, child care provider, Licensing data
Commissioner: Dana B. Badgerow
Advisory Opinion 04-075
November 18, 2004; Washington County
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, Chapter 13, what is the classification of data related to a case in which a complaint is made against a licensed day care provider and no disciplinary, corrective or other enforcement action is taken against the licensee?
Category: Licensing data, Personnel data
Keywords: Licensing data, Personnel data, Complaint or charge, Licensing data
Commissioner: Dana B. Badgerow
Advisory Opinion 04-006
February 27, 2004; Minnesota Board of Pharmacy
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota Board of Pharmacy respond appropriately to a December 22, 2003, request for access to the following data: "the name of each entity that was the subject of a complaint in the year 2003 along with the number of complaints filed against them?"
Category: Civil investigative data, Licensing data, Requests for data
Keywords: Civil investigative data, Licensing data, Requests for data, Chief attorney has substantial discretion to determine, Only regulates data on individuals, Data request vs. question/inquiry
Commissioner: Brian J. Lamb
Advisory Opinion 03-004
January 29, 2003; Minnesota Board of Accountancy
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes Chapter 13, what is the classification of the following data that the Minnesota Board of Accountancy maintains: data about an accounting firm relating to a complaint that the Board dismissed?
Category: Civil investigative data, Licensing data
Keywords: Civil investigative data, Licensing data, Chief attorney has substantial discretion to determine, Only regulates data on individuals, Licensing data (13.41)
Commissioner: Brian J. Lamb
Advisory Opinion 02-038
October 23, 2002; Minnesota Board of Electricity
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, section 13.41, did the State of Minnesota Board of Electricity respond appropriately to an August 15, 2002, request for access to data?
Category: Licensing data
Keywords: Licensing data, Data not on individuals, Only regulates data on individuals, Licensing data (13.41)
Commissioner: David F. Fisher
Advisory Opinion 01-091
November 26, 2001; Minnesota Department of Human Services
Note: This opinion has been edited to correct inaccuracies.
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota ...
Description: Pursuant to Minnesota Statutes, section 13.46, did the Minnesota Department of Human Services respond appropriately to a request for data gathered in connection with the day care licensing process?
Category: Legislative authority and intent, Licensing data, Welfare data
Keywords: Legislative authority and intent, Licensing data, Welfare data, Welfare data, Welfare data (13.46), Daycare, child care provider, Licensing data, Vendor
Commissioner: David F. Fisher
Advisory Opinion 00-053
November 8, 2000; Douglas County
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, Chapter 13, and Minnesota Statutes, section 626.556, did Douglas County respond appropriately to requests from Mr. and Mrs. X for access to data about themselves that were collected as part of a child maltreatment investigation?
Category: Educational data, Licensing data, Statutory construction (Ch. 645)
Keywords: Educational data, Licensing data, Statutory construction (Ch. 645), Data access to data subject, Child maltreatment data, Conflicting or irreconcilable provisions (645.26), Later enacted statute, Investigative data
Commissioner: David F. Fisher