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April 16, 2025 CERTIFIED MAIL Carl Berget, Authorized Agent Berget Foster Care 893 Christensen Avenue Saint Paul, Minnesota 55118 License Number 1070336 (245D - HCBS) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATION(S) Dear Carl Berget: The Department of Human Services (DHS) is ordering you to pay a fine of $1000 for five 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 requirements: Background Study Violation Determined on April 1, 2025: As a result of a licensing review on April 1, 2025, a DHS licensor determined that the license holder failed to initiate a background study on three staff persons (SP1 through SP3) before they began positions allowing direct contact with persons served by the program and two controlling individuals (SP4 and SP5). · SP1 through SP3 provided direct contact with persons served by the program; however, at the time of the licensing review, there was no background study found for SP1 through SP3 on the NetStudy 2.0 roster for your 245D license; and · SP4 and SP5 were identified as controlling individuals on the license; however, at the time of the licensing review, there was no background study found for SP4 and SP5 on the NetStudy 2.0 roster for your 245D license. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g). Fine: $1000 (five background study violations at $200 per violation) Corrective Action Ordered: At this time, you have corrected the background study violations for SP1 through SP5 after receiving instruction to do so by a DHS licensor. However, because you did not self-correct these violations before DHS licensors became aware of the violations, DHS is issuing a fine. On an ongoing basis, you must comply with background study requirements in Minnesota Statutes, chapter 245C. Billing and Payment of Fine DHS will send you an invoice for the $1000 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). · 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 Leota Bemis, Supervisor, at 651-431-5637. Sincerely,
Leota Bemis, HCBS Supervisor Licensing Division Office of Inspector General
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