July 30, 2015
Tori Kidwell, Authorized Agent
Little Rabbits Hole Inc.
2526 Horizon Drive
Burnsville, MN 55337
License Number 1076251 (Child Care Center)
CERTIFIED MAIL
ORDER TO PAY A FINE
BACKGROUND STUDY VIOLATION
Dear Ms. Kidwell:
During a licensing complaint investigation conducted on June 5, 2015, to determine compliance with Minnesota Statutes and the provisions governing child care under Minnesota Rules, parts
9503.0005 to 9503.0170, a Department of Human Services (DHS) licensor determined that the child care center did not comply with background study requirements. The Commissioner is ordering Little Rabbits Hole Inc. to pay a $200 fine for a background study violation.
A. Reason for the Fine
The license holder did not comply with background study requirements.
Under Minnesota Statutes, section 245A.07, subdivision 3, the Commissioner of Human
Services may fine license holders $200 for each occurrence of a violation of law or rule governing matters of health, safety, or supervision, including the failure to comply with background study requirements.
B. Statutory Citation and License Violation
Citation: Minnesota Statutes, section 245C.13, subdivision 2, paragraphs (a) and (b).
Violation: On June 5, 2015, a DHS licensor conducted a licensing complaint investigation and reviewed the background study status of staff working in the center.
SP1, a recent hire, began working in a position allowing direct contact with children served by the program on May 19, 2015, and pending the results of the background study
SP1 provided direct contact services without being under continuous, direct supervision when s/he filled in the classrooms as needed.
Division of Licensing, PO Box 64242, St. Paul, MN 55164-0242 An Equal Opportunity Employer

Tori Kidwell
Page 2
July 30, 2015
Under Minnesota Statutes, section 245C.13, subdivision 2, the subject of a background study may not perform any activity requiring a background study including providing direct contact services to persons served by a program unless the subject is under continuous, direct supervision pending notice from the Commissioner stating that:
1) the individual is not disqualified;
2) more time is needed to complete the study but the individual is not required to be removed from direct contact prior to completion of the study (the notice that more time is needed to complete the study also indicates whether the individual is required to be under continuous, direct supervision prior to completion of the background study);
3) a disqualification has been set aside; or
4) a variance has been granted to the individual.
The license holder allowed SP1 to provide direct contact services without being under continuous, direct supervision pending the results of the DHS background study. SP1 is no longer employed at the program.
Corrective Action Ordered: Within 10 days from receipt of this order, submit written documentation to your licensor detailing how compliance will be maintained in the future.
Fine: $200 (one background study violation – $200 per occurrence)
C. Total fine to be paid : $200
D. Billing and Payment of the Fine
DHS will send you an invoice for the $200 fine. Payment must be made as directed on the invoice.
A timely request for a contested case hearing under item E shall stay the payment of the fine until the Commissioner issues a final order. If you decide to exercise your right to a contested case hearing, do not pay the fine. Following the contested case hearing, the
Commissioner will issue a final order on this matter.
Under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (5), when a fine has been assessed, the license holder may not avoid payment by closing, selling, or otherwise transferring the licensed program to a third party. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment.

Tori Kidwell
Page 3
July 30, 2015
E. Right to Request a Contested Case Hearing
You have the right to request a contested case hearing under Minnesota Statutes, chapter
14 and Minnesota Rules, parts 1400.8505 to 1400.8612. If you choose to exercise this right, your request must be made in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the Commissioner within ten (10) calendar days after you receive this order. If a request is made by personal service, it must be received by the Commissioner within ten (10) calendar days after you receive this order.
Your request for a contested case hearing must be sent to:
Commissioner, Department of Human Services
ATTN: Legal Unit c/o Licensing Division
PO Box 64242
St. Paul, MN 55164-0242
F. Requirement to Post this Order
You must post the Order to Pay a Fine in a place that is conspicuous to the people receiving services and all visitors to the facility for two years, even if you appeal the fine.
(See Minnesota Statutes, section 245A.07, subdivision 5.)
If you have any questions regarding the fine, please contact Meg Holmen, Unit Supervisor, at
(651) 431-6534.
Sincerely,
Peggy Cunningham, Unit Manager
Licensing Division
Office of Inspector General