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Johnson v. Commissioner of Health

December 09, 2003

GLORIA JEAN JOHNSON, RELATOR,
v.
COMMISSIONER OF HEALTH, RESPONDENT.



Minnesota Department of Health Agency File No. 21189

Considered and decided by Harten , Presiding Judge, Hudson , Judge, and Crippen , Judge.*fn1

SYLLABUS BY THE COURT

A decision on reconsideration of a disqualification under Minn. Stat. §á245A.04, subd. 3b (2002), must include written findings on the statutory factors.

The opinion of the court was delivered by: Harten, Judge

Reversed and remanded

OPINION

Relator asked respondent to set aside her disqualification from providing direct contact services in her job as an adult-daily-living-services attendant. Respondent refused. Because no written findings demonstrate the application of the factors set out in Minn. Stat. §á245A.04, subd. 3b(b) (2002), we reverse and remand.

FACTS

Relator Gloria Johnson has been employed for over ten years as an-adult-daily-living attendant, and has worked in facilities licensed by respondent Minnesota Department of Health (DH) since 1998. Her employment included providing direct contact services. On 16 January 2003, the Minnesota Department of Human Services notified relator that she was disqualified from performing direct care services because a background study revealed that she had been convicted of second-degree assault. The conviction resulted from an incident ten months earlier, in March 2002, when relator cut her son, age 15, in the leg with a kitchen knife during an altercation. In June 2002, relator had pled guilty and been sentenced to serve four years' probation.

Because the facilities that employed relator were licensed by DH, relator applied to DH to have her disqualification set aside. DH refused to set the disqualification aside, and relator challenges that refusal.

ISSUE

Must a decision on a reconsideration of disqualifications under Minn. Stat. §á245A.04, subd. 3b (2002) include written findings on the statutory factors?

DECISION

This court may reverse an administrative decision if it was unsupported by substantial evidence or arbitrary and capricious. In re Excess Surplus Status of Blue Cross & Blue Shield of Minn., 624 N.W.2d 264, 277 (Minn. 2001). However, this court reviews de novo errors of law that arise when an agency decision is based on the meaning of words in a statute. In re Denial of ...


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