oAH-DocketNae3?1300?34606 STATE OF MINNESOTA OFFICE OF- ADMINISTRATIVE HEARINGS In the Matter of the- Appeal by 3H111s1de Learning Center of the ?order. of License Revocation SETTLEMENT AGREEMENT LicenseNo1.0545443.(Childcare- This Settlement is entered into by and _b?33'tnreen the Commismoner of the.- Minnesota Depaemsof? '11-1-3'1iSerV1ees and Hillside Learning Center (referred to or ?License Holder? ,-LicenSe-No.-1054544 WHEREAS DHS is for the} licensmg of. child care centers tinder Minnesota Statutes, chapter 245A and Minnesota Rules,- parts 9503-. 0005 through 9503 0170 WHEREAS Hillside is. licensed to. provrde a; child care program at 955 Highway 55- . Suite 2 Minnesota (?Faoility?) WHEREAS DHS identified serious and: chronic licensmg Violations byi Hillside in 1111; 1:3. 'LiCense: Number 105435; "'?iah its? gaiid?'3'g background studies, staff 11 . eatioiis and training, behav'h'" . -.- administrative records and DHS also,3 determined-53:3 . misleading mforniation to the-.Commiss1oner in an effort to. conceal licensmg Violations, WHEREAS on July 12,2017 DHS issued an, Order of License Revocation (?Revocation Order?) to HillSide as result of these. Violations WHEREAS HillSide timely appealed the Revocation Order by correspondence dated July 320, 2017 and received by DHS on July 20, 2017 WHEREAS Hillside antic1pates that DHS3 Will receive a new application to? operate a child care- center at the same locatio11.as3.Hillside 2017111111139 1 . co, Lie epe 111511.111 .. . .. 1. . . hearings-good fellewmg the piecesses set forth in; Minnesota Statutes, section 245A 08; Minnesota; Statutes," Chapter?- 14; and Minnesota through 1400-. 8613 and. Hillside Learning-Center .Lieen'se No 105453443 Settlement Agreement Page 2 3 WHEREAS L1eense Holder and. 33D3.HS Wish to resolve and Settle- any and Wall dlsputes;. NOW THEREFORE in eonsrderatlon of the mutual terms, Conditions and promises. eontatned parties strpulate and agree as follows 13.. Upon ?nal. execution of this Settlement Agreement LICense Holder agrees that its appeal (if: the Revocation order-3' Is Upon ?nal execution of this Settlement Agreement DHS agrees net to Impose the} Revocatlon of the ehlld care lie'enSe of H11151de 3at3 this time, subject t0 paragraph agrees that H11131de shall. surrender LiceHSe.No.j 1054544 returning it: to; DHS no later than March --.1-, 2303313131 Or When 'a3 tie-W child care center license is. issued fer the. Hillside. loeanon, oee'u'rs- ?rst. H111s1de may continue to operate the Childcare. center; in 'thll- comphance With. 'all.-3the..heen51ng requlrements set, fe'r'th- in the: anesota Statutes and Rules until the surrender 15- requlred by this and NaOrni Moore acknowledge that Naom1 Moore.- shall be Immediately removed as 3a eentrolhng 1nd1v1dua1 for License Number 1054544 The Lleense Holder- shall submit a Change of Information For-tn. effecnng this prowsmn With the? executed Settlement Agreement. 51. Naomi Moore agreesrhat not: Hold the postman of 1nd1v1dual 3fo3__r'3 any program licensed to provide- servwes by DHS for a. period of ?ve (gyms-110m the effectlve date of this; 28. ettlement Agreement 313). Apply- for; a license to] provide any type 3303f.- servrces heensed by DHS "for" a period tiVe (37-5.) years- from the effective date of. this Settlement Agreement; 03, Hold the pos1t10n 0f.- directer or Similarly titled pos1t10n fer any child care program '3lieensed by. DHS for ja- period of ?Ve- 3(5) years from the effective date. of" this 'lSettlement Agreement d1; Net be employed by, volunteer at, or- otherw1se be af?hated with any 3ne'_W; license that may be: i__ss'1_1ed_3fo_r'3 the-3 H111s1de location for a period of ?ve years from the .effeetive: date 3o3f 3this Settlement- Agreement 6- The parties agree that Swarna Peris may eontmue in her capaCIty as- a- controlling indiVidual' and center director H111s1de surrenders the terms in paragraph 3 Hillside Learning Center- License No. 1054544; Page-'3 7.. Hillside.andiswamaperis a. .Ne1ther Hillside nor S.w.arna-_ Pens Inay apply IfoI a liCense Ito prowde any .type 0f. serv1ces licensed by DHS for peIiodI of five (5). years. roIn the} effeetwe date of. this Settlement Agreement be Neither Hillside nor Swarna PeIis may hold the __poSition of: -1nd1v1dual for 3.: license Ito provrde any. type 0f serv1ces licensed by DHS for a. peIiOd of ?ve (5). years from the effective date of this Settlement} Agreement;- SwaIna PeIis shall not hold the posmon of director, In any Similarly titled position for any child care program llcensed by" DHS 1nclud1ng any? ;11cense 1ssued at the current H1lls1de location, for a penod of ?ve. (5.). years- from the effective date of .this Settlement Agreement and d; 'Swarna Peris. shall not be- employed as center d1rector, or any 51m11arly ?titled posmon Ifor any child care center 11cense lssued at the current- _3H11131de locat1on or serve in; any; capaclty in she may exerCi'se any. 'fennal or; mformal dec1smn?rnakmg regardmg the operat1onof-that program, bill: may serve. in some other non-managerial staff employee role should a. new program be opened 8-. License Holder acknowledges that failure to comply with the terms of this. Settlement Agreement may result 9111 1mmed1ate remstatement of the Revocation Order. In that; .eVentI- the" partles agree that the soope of any hearmg regardmg .th'e reinstated Revocation Order would be limited to whether L1cense Holder failed to comply With the terms (if. this Settlement- Agreement.- 9 in- this Agreement shall limit authonty to. take fur-thei- negatlve- licensmg aetiOn in accordance with. Minnesota Statutes chapters 245A and 245C and all other. .apphcable licensmg laws and Inles should c1rcumstances So warrant 10,- Settlement Agreement consntutes Ithe. run and ?nal settlement 0f the- :Revocatlen Order and the: request for a. contested case heal-mg In. this matter 1.1.- The part1es agree that they have entered into this Settlement Agreement to anoid the expenSe and. uncertainty of. pursuing the appeal to its ?nal resolut1on 12.- The. parties. agree to bear their: own. fees and cos_ts in this; matter and further stipulate and agree to. waive any and all State OI federal civil causes of: act-ion ariSing out Of or. '-relating to. this matter, 1nclud1ng but not. limited to any claims for "attorney fees and eoSts. Hillside Learning Center. (LicenseNo. 1115.4544- - Settlement-Agreement- . Page 4 I 113;: Th1s Settlement Agreement cons?ntutes :the entire agreement between the partles and supersedes any "prior written for oral settlement or agreements betWeen the parties _?pertalnmg to the abWe? captioned matter. and related 1s'sues. 14.. The persons signing this Settlement Agreement warrant that they have full; authorrty to enter into this Settlement Agreement on- behalf of. the party each represents,r_ and that this Settlement Agreement is valid and enforceable agreement as to. that party. 15;. This Settlement Agreement the record of mformal resolution regarding? the Revocanon Order AS Such, the parties acknowledge that this document is class1?ed as: public 1nformatlon pursuant to anesota Statutes sectlon I13. 46,. subd1v1s1on . 16 This Settlement Agreement is a compromise settlement based on the parties"? good faith 1111611110113 to resolve this d1spute and avoid 1ncurr1ng further expenses The agreement} terms: apply to this License Holder 611131- and do not represent Ia- change 111 DHS policy; 17-. Th1s Settlement Agreement dees? nio-ti nor- involve in any way an by the: Department or Hill-side of any fact _01 1nterpretatxon of law or rule 113i; DHS- LICENSEHOLDER STATE oF MINNESOTA oF- UMAN SERVICES Swama Pens in her capac1ty as license holder Dated 7 . Deputy Inspector General DIVISIOII of L1censmg Of?ce inf- Inspector Generai .- - - 8.194651an .fsrt I'Naom1 Moore _'1n her capac1ty as license I holder and. as an 1nd1v1dual EMILY JOHNSON PIPER Dated 1? {j Swnm/ Minnesota Department of Hmnan Services Dated:- .