Minnesota Department of Human Services

July 25, 2012

License number: 1062877 R02 (In application) CERTIFIED MAIL

Lee Ann Lochen

241 Railroad Avenue Apt. 201

Albany, MN 56307

ORDER OF DENIAL

Dear Ms. Lochen:

Based upon a recommendation by Stearns County Department of Human Services, pursuant to Minnesota Statutes, section 245A.05, the Commissioner of the Department of Human Services (DHS) is denying your application to provide family child care at 311 1st Street, Albany, Minnesota, under the provisions of Minnesota Rules, parts 9502.0300 to 9502.0445. The reasons for the action are as follows:

Minnesota Statutes, section 245A.05 DENIAL OF APPLICATION.

(a) The commissioner may deny a license if an applicant or controlling individual:

(1) fails to comply with applicable laws or rules;

(2) knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license or during an investigation;

(3) has a disqualification that has not been set aside under section 245C.22 and no variance has been granted;

(4) has an individual living in the household who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted; or

(5) is associated with an individual who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to children or vulnerable adults, and who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted.

(b) An applicant whose application has been denied by the commissioner must be given notice of the denial. Notice must be given by certified mail or personal service. The notice must state the reasons the application was denied and must inform the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the commissioner in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the commissioner within 20 calendar days after the applicant received the notice of denial. If an appeal request is made by personal service, it must be received by the commissioner within 20 calendar days after the applicant received the notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's denial of an application.

Minnesota Statutes, section 245A.04 APPLICATION PROCEDURES.

Subd. 6. Commissioner's evaluation. Before issuing, denying, suspending, revoking, or making conditional a license the commissioner shall evaluate information gathered under this section. The commissioner's evaluation shall consider facts, conditions, or circumstances concerning the program's operation, the well-being of persons served by the program, available consumer evaluations of the program, and information about the qualifications of the personnel employed by the applicant or license holder.

Minnesota Statutes, section 245A.14 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS.

Subd. 1. Permitted single-family residential use. A licensed nonresidential program with a licensed capacity of 12 or fewer persons and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations.

Minnesota Rules, part 9502.0325 LICENSING OF FACILITIES FOR CHILDREN FAMILY DAY CARE AND GROUP FAMILY DAY CARE HOMES.

Subp. 1. Purpose. The purpose of parts 9502.0315 to 9502.0445 is to establish procedures and standards for licensing family day care and group family day care homes to ensure that minimum levels of care and service are given and the protection, proper care, health, safety, and development of the children are assured.

Minnesota Rules, part 9502.0315 DEFINITIONS.

Subp. 18. Licensed capacity. "Licensed capacity" means the total number of children ten years of age or younger permitted at any one time in the residence. The licensed capacity includes all children of any caregiver when the children are present in the residence.

Subp. 27. Residence. "Residence" means the dwelling unit, as defined by section 405 of the State Building Code, in which day care is provided and which is occupied as a home.

You have applied to Stearns County to be licensed to provide family child care in the lower level at 311

1st Street, Albany, Minnesota. As a result of a review of your application, it has been determined that the residence located at 311 1st Street, Albany, Minnesota is a single family home and another individual is already licensed to provide family child care in this home.

Because the location where you have applied for a family child care license is a single family home and a family child care program is already licensed in this home and, in order to protect the health, safety, rights and well-being of children receiving services in DHS-licensed programs, your application to provide family child care is denied.

RIGHT TO APPEAL

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 appeal the denial of your license application, your request must be made in writing by certified mail or personal service.  If mailed, the appeal must be postmarked and sent to the Commissioner within twenty (20) calendar days after you receive this notice of license denial.  If a request is made by personal service, it must be received by the Commissioner within twenty (20) calendar days after you receive this notice of license denial. 

Commissioner, Department of Human Services

Office of Inspector General

Licensing Division

Attention: Family Systems Unit

PO Box 64242

St. Paul, Minnesota 55164-0242

If you have any further questions regarding this matter, you may contact Molly Kelly at (651) 431-6548

Sincerely,

DHS

Mary Kelsey, Supervisor

Office of Inspector General

Licensing Division

c: Paul Weinmann, Stearns County Department of Human Services

PO Box 64242 Saint Paul, Minnesota 55164-0242 An Equal Opportunity and Veteran Friendly Employer
http://www.dhs.state.mn.us/licensing