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August 10, 2023 CERTIFIED MAIL Thomas Noyes, Authorized Agent License Number: 1070132 (245D - HCBS) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Dear Thomas Noyes: The Department of Human Services (DHS) is ordering you to pay a fine of $400 for two background study violations. Details of our findings are provided below. Our next steps and your options are also detailed. Reason for the Fine DHS is issuing this fine order based on your failure to comply with the following background study requirement: Background Study Violation Determined on July 18, 2023: During a licensing review, a DHS licensor determined that you failed to request background studies for two staff persons before they began working in positions allowing direct contact with persons served. Specifically, you provided an employee roster for all staff persons providing home and community-based services for your program. There were no background studies found for SP1 and SP2 on the NETStudy 2.0 roster under your 245D license number. You indicated that SP1 and SP2 all had cleared studies under your program’s 245D license number; however, because you failed to import those studies from NETStudy to your NetStudy 2.0 roster those studies are not valid. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g). Fine: $400 Corrective Action Required: You must comply with background study requirements in Minnesota Statutes, chapter 245C. Immediately, either remove SP1 and SP2 from any position allowing unsupervised direct contact with persons served by the program or affiliate the background studies for SP1 or SP2 to the NETStudy 2.0 roster for your 245D license number. Billing and Payment of the Fine DHS will send you an invoice for the $400 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described below, do not pay the fine at this time. Following the contested case hearing, the Commissioner of DHS will issue a final order on this matter. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, each controlling individual is personally and jointly responsible for payment. Your Right to Appeal You have the right to appeal the fine. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive this order. Please send it to: Commissioner, Department of Human Services If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. Legal representation at the contested case hearing You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.justice4mn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Legal Authority for this Licensing Action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · DHS may impose a $200 fine for each background study violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. Questions If you have any further questions regarding this matter, you may contact Christala Culhane, HCBS Supervisor, at 651-431-6541. Sincerely,
Jill Slaikeu, HCBS Unit Manager Licensing Division Office of Inspector General
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