May 3, 2019 - The Administrative Law Judge concludes that the County demonstrated by a preponderance of the evidence that Mr. Wallen committed maltreatment by physical abuse during an incident involving D.W. on January 18, 2018. Furthermore, the Administrative Law Judge concludes that the Department failed to demonstrate by a preponderance of the evidence that the maltreatment was serious, or that the Department’s disqualification of Mr. Wallen was appropriate. Finally, the Administrative Law Judge concludes that the Department failed to show reasonable cause to revoke the Licensees’ child foster care license. Therefore, the Administrative Law Judge respectfully recommends that the Commissioner of the Department of Human Services (Commissioner) affirm the finding of maltreatment by physical abuse against Mr. Wallen, but rescind the findings of serious maltreatment and the disqualification of Mr. Wallen. In addition, the Administrative Law Judge respectfully recommends that the Commissioner rescind the revocation of the Licensees’ license and impose a $1,000 fine as required by statute and a conditional license consistent with the recommendations in this report.