In the Matter of the Appeal by Pond Early Childhood Family Development Center of the Order to Pay a Fine for Background ...

Syllabus

In this administrative appeal, relator Pond Early Childhood Family Development Center (Pond) challenges an order by respondent Minnesota Department of Human Services (DHS) determining that Pond violated statutory background study requirements and imposing a fine. Pond argues that (1) DHS lacked statutory authority to remand the Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10. matter to the administrative law judge (ALJ); (2) DHS's finding of a violation is not supported by the record; and (3) DHS's fine is based on unlawful procedure. We conclude that DHS did not have authority to remand the case to the ALJ. Accordingly, the ALJ's May 24, 2022, report and recommendation to dismiss the case with prejudice and rescind the order to pay fine—the ALJ's first recommendation—is the binding decision in this matter. Based on this resolution of the case, we do not reach Pond's alternative arguments and reverse.