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April 5, 2024 CERTIFIED MAIL April Adams 1211 Macey Way Stillwater, MN 55082 License Number 1053494 FCC ORDER TO PAY A FINE Dear Ms. Adams: Based on the recommendation of Washington County Community Services (Washington County), the Department of Human Services (“DHS”) is ordering you to pay a fine of $600. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR FINE 1. Background Study Violation On February 22, 2024, Washington County initiated a complaint investigation of your family child care program. Washington County determined you failed to initiate background studies for two household members as required. You were issued a correction order for these licensing violations. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (f) Fine: $400 ($200 per occurrence- two occurrences) 2. False and Misleading Information or Knowingly Withheld Relevant Information Washington County determined that you knowingly withheld relevant information or provided false or misleading information related to an investigation. · On February 22, 2024, Washington County initiated an investigation from a complaint received. You were found to be over your licensed capacity at that time with four toddlers in care. You were allowed to care for no more than three toddlers with a C1 license. You told the licensor that you were over capacity because a parent had gone into labor. It was later determined that the parent’s water had not broken, and they had not gone into labor. The child was not dropped off due to an emergency. · When Washington County arrived at your home on February 22, 2024, all the children were found in the furnace room. You told the licensor you were conducting a storm drill. When the licensor went back on February 29, 2024, there was a storm drill documented for earlier in the month but not on February 22, 2024 the date the county was out investigating the complaint. Washington County determined the children were not in the furnace room for a storm drill. · On February 29, 2024, when the county returned to your home, you were asked about your adult son living in your home. You told the county that your son does not live there and was only there due to celebrating family birthdays. Both your adult sons initiated a background study through NetStudy and both listed your home as their primary address, and both provided identification listing your home as their address. Statute Violated: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (3). Fine: $200 Billing and Payment of the Fine DHS will send you an invoice for the $600 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 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 Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 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.lawhelpmn.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. Prohibition against providing legally unlicensed child care If this action is not reversed on appeal, you will not be allowed to provide legally unlicensed child care to unrelated children. Operating an unlicensed family child care home is a misdemeanor offense. 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 · 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 health, safety, or supervision licensing 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. · Minnesota Statutes, Chapter 245A.03, subdivision 2b, subdivision 1 states that a child care provider who has received a Fine Order under Minnesota Statutes, Section 245A.07 that has not been reversed on appeal may not provide unlicensed child care to non-relatives. · Operating a prohibited unlicensed family child care program is a misdemeanor offense under Minnesota Statutes, Section 245A.03, subdivision 3. · 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 me at 651-431-6565. Sincerely,
Beth Donahue, Supervisor Licensing Division Office of Inspector General cc: Annie Walton, Washington County Community Services
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