1/30/2013 7:53:00 PM View lawyer: DHS jumped the gun
Sam Orbovich, attorney with Fredrikson & Byron, PA, Minneapolis, says he filed an Appeal and Request for a contested case proceeding with the Commissioner of Human Services on January 23 regarding the Department of Human Services Order of Revocation for the adult foster care license of The View I held by Leon Hanson.
Under governing Minnesota law, the Order of Revocation cannot become effective until after the administrative appeal is concluded, said Orbovich.
Orbovich notes that the final agency orders for revocation for The View II and The View III are now under active review by the Court of Appeals.
"The owners of The View homes were pleased to learn that the Court of Appeals issued an order on January 17 confirming that the Court of Appeals has jurisdiction over those revocations. We were pleased that the Court issued that order despite opposition by DHS and its lawyer, the Goodhue County Attorney's Office," said Orbovich.
"The Court of Appeals is now empowered to determine whether the documentation issues at The View II and The View III warrant license revocation, or whether DHS jumped the gun by improperly closing two homes that provided excellent care for their residents," said Orbovich. "We are confident those closures will be temporary, and we are certain there will be no interruption of service at The View I."