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January 31, 2024 Beth Held, Authorized Agent Noah’s Ark Child Development Center 1901 Excelsior Blvd. Minnetonka, MN 55343 License Number 801712 (Child Care) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Dear Beth Held: The Department of Human Services (DHS) is ordering you to pay a fine of $1200 for six 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 December 6, 2023: Through a review of records, a DHS licensor determined that you did not notify DHS that six staff persons (SP1, SP2, SP3, SP4, SP5, and SP6) who worked in a program that had closed transferred to a program with an active license. SP1, SP2, SP3, SP4, SP5, and SP6 had a background study completed under license number 801713. The program with license number 801713 closed on December 31, 2022, and you did not notify the Commissioner that SP1, SP2, SP3, SP4, SP5, and SP6 were working at license number 801712. If DHS had received information that SP1, SP2, SP3, SP4, SP5, and SP6 had a disqualifying characteristic, that information would not have been relayed to the license holder because DHS did not have knowledge that SP1, SP2, SP3, SP4, SP5, and SP6 were working in a program with an active license. After being notified by DHS to remove SP1, SP2, SP3, SP4, SP5, and SP6, you initiated a background study request for SP1, SP2, SP3, SP4, and SP5, on December 7, 2023, and on December 11, 2023, you initiated a background study request for SP6 under your active license number 801712. Statute Violated: Minnesota Statutes, sections 245C.04, paragraph (b); and 245C.07, paragraph (b). Fine: $1200 (six background study violations – fineable at $200 per violation) Corrective Action Required: You must comply with background study requirements in Minnesota Statutes, chapter 245C. Within 10 days from receipt of this order, submit written documentation to your licensor detailing how compliance will be maintained in the future. Billing and Payment of the Fine DHS will send you an invoice for the $1200 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, you are personally responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. Your Right to Appeal You have the right to appeal this fine. If you choose to appeal this order, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. Your request must be made before the deadline provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. Your request for an appeal must be submitted in the Provider Hub within 10 calendar days from the date it was issued in the Provider Hub. 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. Posting of this Licensing Action You are required to place this Order to Pay a Fine in a place that is clearly noticeable to the people receiving services and all visitors to the facility for two years, even if you appeal. Legal Authority for this Licensing Action · 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. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d)(4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. · 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. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. Questions If you have any further questions regarding this matter, you may contact Kerri Leuth, Unit Supervisor, at 651-431-6030, extension 4019. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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