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February 27, 2025 CERTIFIED MAIL Mark Nash, Authorized Agent Northland AFC Inc 20 Kilner Bay Drive Superior, WI 51880 License Number 1068585 (245D HCBS) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Dear Mark Nash: The Department of Human Services (DHS) is ordering you to pay a fine of $400 for three 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 November 11, 2024: 1. When preparing for a licensing review, a DHS licensor determined that you failed to provide continuous, direct supervision of an individual while the individual’s background study was in process, but not yet completed. SP1 was hired and began working in a position allowing direct contact with persons served by the program on June 24, 2022. Although the license holder initiated a background study for SP1 on the same day, the license holder failed to provide continuous, direct supervision of SP1 pending notice from the commissioner. SP1 had unsupervised direct contact with persons served by the program on June 30, 2022, however, the license holder did not receive notice from the commissioner until July 22, 2022. SP2 was hired and began working in a position allowing direct contact with persons served by the program on July 20, 2022. Although the license holder initiated a background study for SP2 on the same day, the license holder failed to provide continuous, direct supervision of SP2 pending notice from the commissioner. SP2 had unsupervised direct contact with persons served by the program on July 29, 2022, however, the license holder did not receive notice from the commissioner until August 31, 2022. SP3 was hired and began working in a position allowing direct contact with persons served by the program on July 27, 2022. Although the license holder initiated a background study for SP3 on the same day, the license holder failed to provide continuous, direct supervision of SP3 pending notice from the commissioner. SP3 had unsupervised direct contact with persons served by the program on August 3, 2022, however the license holder did not receive notice from the commissioner until September 13, 2022. Under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (d), the Commissioner shall not issue a fine to a license holder who self-corrects a background study violation before the Commissioner discovers the violation. A license holder who has previously exercised the provision of paragraph (d) to avoid a fine for a background study violation may not avoid a fine for a subsequent background study violation unless at least 365 days have passed since the license holder self-corrected the earlier background study violation. Because the license holder self-corrected the background study violation involving SP1 before the Commissioner discovered the violation, the license holder is not being fined for the background study violation involving SP1. Statute Violated: Minnesota Statutes, section 245C.13, subdivision 2. Fine: $400 Corrective Action Required: Immediately and on an ongoing basis, you must comply with the background study requirements in Minnesota Statutes, chapter 245C. 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 Office of Inspector General Licensing Division Attention: Legal Unit PO Box 64242 St. Paul, MN 55164-0242 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 Licensing Division Attention: 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). · The exception that allows a license holder who self-corrects a background study violation to avoid a fine does not apply when the license holder was cited for the same violation within the past 365 days, under Minnesota Statutes, section 245A.07, subdivision 4, paragraph (d). · 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 Troy Goudy, Supervisor, at 651-431-6639. Sincerely,
Troy Goudy, Unit Supervisor Licensing Division Office of Inspector General
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