May 18, 2012
License number: 103880 CFC CERTIFIED MAIL
Galen and Katherine Eastlack
1512 3rd Avenue NE
Buffalo, MN 55313
ORDER TO PAY A FINE
Dear Mr. and Ms. Eastlack:
Based upon a recommendation by Wright County Human Services Agency, pursuant to Minnesota Statutes, section 245A.07, the Commissioner of the Department of Human Services (“Commissioner”) is ordering you to pay a fine of $200. The fine is ordered against your license to provide Child Foster Care under the provisions of Minnesota Rules, parts 2960.3000 to 2960.3340.
The Order to Pay a Fine is the result of violations of Minnesota Statutes, Chapter 245A.
A. Reason for the Order to Pay a Fine
Pursuant to Minnesota Statutes, section 245A.07, subdivision 3, the Commissioner of Human Services may fine license holders $200 for each occurrence of a violation of law or rule governing matters of health, safety, or supervision.
Citation: Minnesota Statutes, section 245A.06, subdivision 3. CORRECTION ORDER AND CONDITIONAL LICENSE. FAILURE TO COMPLY.
Violation(s): On October 4, 2011, Wright County Human Services Agency made a licensing visit to your child foster care home and determined that you failed to provide documentation of completing your annual twelve hours of in-service training. You were issued a correction order for this licensing violation and given a deadline of December 1, 2011, by which to complete the required training and submit the correction order to Wright County Human Services Agency. You failed to respond to the correction order.
On December 12, 2011, Wright County Human Services Agency issued you a correction for failing to comply with the correction order issued October 4, 2011. You were given a deadline of December 31, 2011, by which to complete the required training and submit the correction order to Wright County Human Services Agency. On December 31, 2011, you submitted the correction order to Wright County Human Services Agency, however, the information on the required training was incomplete.
On January 5, 2012, Wright County Human Services Agency sent you a letter explaining what additional information was needed from you in order to verify the completion of your training hours. You were asked to provide this information to Wright County Human Services Agency by January 13, 2012. You failed to respond to this request. You have repeatedly failed to respond to correction orders regarding annual training requirements.
B. Total Fine amount: $200
The Department of Human Services will send you an invoice for the $200 fine. Payment should be made as directed on the invoice. Please note that, according to Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (3), failure to correct the violation noted may result in an additional fine. The Commissioner may also seek a court order, deny an application, suspend, revoke, or make conditional the license in addition to imposing a fine.
Also, according to Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (5), when a fine has been assessed, the license holder may not avoid payment by closing, selling, or otherwise transferring the licensed program to a third party. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment.
D. Right to Request a Contested Case Hearing
You have the right to appeal this decision and the right to a contested case hearing under Minnesota Statutes, Chapter 14, and Minnesota Rules, parts 1400.8505 to 1400.8612. If you choose to exercise this right, the request must be made in writing, and sent to the Commissioner by certified mail or personal service. If sent by certified mail, the request must be postmarked and sent to the Commissioner within ten calendar days after you receive this order. If a request is made by personal service, it must be received by the Commissioner within ten calendar days after you receive this order. A timely request for a contested case hearing shall stay the payment of the fine until the Commissioner issues a final order.
Your appeal should be addressed to:
Commissioner, Department of Human Services
ATTN: Nancy Sackett, Unit Manager
c/o Licensing Division
PO Box 64242
St. Paul, MN 55164-0242
If you have any further questions regarding this matter, you may contact me at (651) 431-6596.
Mary Kelsey, Supervisor
Division of Licensing
c: Jill Marzean, Wright County Human Services Agency
PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer