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October 3, 2025 CERTIFIED MAIL Laxmi Pokhrel, Authorized Agent Diversity Adult Daycare Services 360 Skillman Avenue East Maplewood, Minnesota 55117 License Number 1099211 (Adult Day Services – Rule 223) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATION(S) Dear Laxmi Pokhrel: The Department of Human Services (DHS) is ordering you to pay a fine of $200 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 requirements: Background Study Violation Determined on August 14, 2025: As a result of a licensing review on August 14, 2025, a DHS licensor determined that the license holder did not initiate a background study on two staff persons (SP1 and SP2) before they began positions allowing direct contact with persons served by the program. · SP1 began working in a position allowing direct contact with persons served by the program on November 12, 2024; however, the license holder did not initiate a background study to DHS until March 20, 2025. 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. · SP2 began working in a position allowing direct contact with persons served by the program on November 4, 2024; however, the license holder did not initiate a background study to DHS until March 20, 2025. Although the license holder self-corrected the background study violations involving SP2, at least 365 days had not passed since the license holder previously self -corrected the background study for SP1 on March 20, 2025. Therefore, the license holder is being fined for the background study violation involving SP2. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g). Fine: $200 (two background study violations – one fineable violation at $200 per violation) Corrective Action Ordered: Immediately and ongoing, 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 $200 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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