Cited by
Opinions in Minnesota that cite In the Matter of Revocation of the Family Child Care License of Gail Burke, 666 N.W.2d 724.
- In the Matter of Magdala Sims (A/K/A Desrosiers), RN License No. 2507958. Minn. Ct. App. 2026
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In the Matter of Marko Kamel, BDS, License No. D12206.
Minn. Ct. App. 2024
of Burke , ; see also Minn. Stat. § 14.69 (2022).
- In the Matter of the Appeal by Serenity Adult Day Center of the Order of License Revocation License … Minn. Ct. App. 2024
- In the Matter of the Appeal by Serenity Adult Day Center of the Order of License Revocation License … Minn. Ct. App. 2024
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In the Matter of the Medical License of Christopher John Kovanda, M.D. License No. 41657.
Minn. Ct. App. 2023
An administrative agency’s decision enjoys a presumption of correctness, and we will only reverse an agency’s determination where the de termination violates the constitution, exceeds the agency’s authority or jurisdiction, is made under an unlawful procedure or other error of law, is not supported by substantial evidence, or is arbitrary and capricious, Minn.
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In the Matter of the Appeal by Amy Waters of the Maltreatment Determination and Disqualification, and by John …
Minn. Ct. App. 2022
1(a) (2020); see also In re Revocation of Family Child Care License of Burke , (recognizing that 11 The revocation order also stated that relators violated subpart 4(C) and (J) because foster father told county officials that he felt unsafe around the children and foster mother allegedly commented that it was “torture” to wait during the children’s three hour s of th
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In the Matter of the Surveillance and Integrity Review (SIRS) Appeal by Matthew Wright.
Minn. Ct. App. 2022
“Administrative-agency decisions enjoy a presumption of correctness and may be reversed only when they are arbitrary and capricious, exceed the agency ’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.” In re Revocation of Family Child Care License of Burke , ; Minn. Stat. § 14.69 (2020).
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In the Matter of Alan Joshua Woggon, D.C. License No. 6076.
Minn. Ct. App. 2020
Discipline “must reflect the seriousness of [a] violation,” In re Revocation of Family Child Care License of Burke , and must also support the public interest in encouraging proper conduct of licensees , see Padilla, d at 887 (recognizing “harm to the public” if licensing violations are not punished).
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In the Matter of the Appeal by Eriksmoen Cottages of St. Cloud, LLC (License Nos. 1071214 and 1078291) …
Minn. Ct. App. 2019
Agency decisions “may be reversed only when they are arbitrary and capricious, exceed the agency’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.” In re Revocation of Family Child Care License of Burke , see also Minn. Stat. § 14.69 (2018).
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In the Matter of the Appeal by Open Arms Christian Learning Childhood Center of the Determination of Maltreatment …
Minn. Ct. App. 2019
D E C I S I O N We presume that agency decisions are correct and will reverse only when they “are arbitrary and capricious, exceed the agency’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.”
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In the Matter of Sharon Beth Johnson, APRN-CNP, RN RN License No. 197878-8 APRN License No. 3516.
Minn. Ct. App. 2018
“In reviewing an agency’s decision on a legal issue, this court is not bound by the agency’s ruling.” d 724, 726 (Minn. App. 2003).
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In the Matter of Julitta Adu-Gyamfi, R.N., L.P.N., R.N. License No. 184096-8, L.P.N. License No. 58788-2.
Minn. Ct. App. 2018
“In reviewing an agency ’s decision on a legal issue, this court is not bound by the agency’s ruling.” d 724, 726 (Minn. App. 2003).
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In the Matter of the Maltreatment Determination of Amanda Restorff and the Order to Pay a Fine and …
Minn. Ct. App. 2018
C I S I O N “Administrative-agency decisions enjoy a presumption of correctness and may be reversed only when they are arbitrary and capricious, exceed the agency’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.”
- Douglas Place Treatment Center, LLC, Relator, Minn. Ct. App. 2017
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In the Matter of the Appeal by Mayflower Early Childhood Center of the Determination of Maltreatment and Order …
Minn. Ct. App. 2017
E C I S I O N “Administrative-agency decisions enjoy a presumption of correctness and may be reversed only when they are arbitrary and capricious, exceed the agency’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.”
- In the Matter of the License of Jeffrey L. Olson, Psy.D., L.P., License No. LP4532. Minn. Ct. App. 2016
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In the Matter of the License of Jeffrey L. Olson, Psy.D., L.P., License No. LP4532.
Minn. Ct. App. 2016
Administrative-agency decisions are presumed to be correct and “may be reversed only when they are arbitrary and capricious, exceed the agency’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.” Minn. Stat. § 14.69 (2014).
- In the Matter of the SIRS Appeal of Gary L. Johnson and In the Matter of the SIRS … Minn. Ct. App. 2016
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In the Matter of the SIRS Appeal of Gary L. Johnson and In the Matter of the SIRS …
Minn. Ct. App. 2016
DECISION “Administrative-agency decisions enjoy a presumption of correctness and may be reversed only when they are arbitrary and capricious, exceed the agency’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.” Minn. Stat. § 14.69 (2014).
- In the Matter of the Appeal by Kind Heart Daycare, Inc. of the Order of License Revocation and … Minn. Ct. App. 2016
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In the Matter of the Appeal by Kind Heart Daycare, Inc. of the Order of License Revocation and …
Minn. Ct. App. 2016
We presume that administrative-agency decisions are correct and reverse them “only when they are arbitrary and capricious, exceed the agency’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.” see also Minn. Stat. § 14.69 (2014).
- In the Matter of the Revocation of the Family Child Care License of Jennifer Ball. Minn. Ct. App. 2016
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In the Matter of the Revocation of the Family Child Care License of Jennifer Ball.
Minn. Ct. App. 2016
DECISION Administrative-agency decisions are presumed to be correct and “may be reversed only when they are arbitrary and capricious, exceed the agency’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.” see Minn. Stat. § 14.69 (2014) (also providing for reversal or modification if decision is in violation of constitutional provisions).
- In the Matter of the Temporary Immediate Suspension of the Family Child Care License of Angie Mattison. Minn. Ct. App. 2016
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In the Matter of the Temporary Immediate Suspension of the Family Child Care License of Angie Mattison.
Minn. Ct. App. 2016
DECISION Administrative-agency decisions are presumed to be correct and “may be reversed only when they are arbitrary and capricious, exceed the agency’s jurisdiction or statutory authority, are made upon unlawful procedure, reflect an error of law, or are unsupported by substantial evidence in view of the entire record.” see also Minn. Stat. § 14.69 (2014).
- In the Matter of Kayvon Behnam, D. C., License No. 3644. Minn. Ct. App. 2016
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In the Matter of Kayvon Behnam, D. C., License No. 3644.
Minn. Ct. App. 2016
6 “[T]he severity of an administrative sanction must reflect the seriousness of the violation.”
- In Re Review of the 2005 Annual Automatic Adjustment of Charges for All Electric & Gas Utilities 748 N.W.2d 322 Minn. Ct. App. 2008
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In Re Review of the 2005 Annual Automatic Adjustment of Charges for All Electric & Gas Utilities
748 N.W.2d 322
Minn. Ct. App. 2008
of Comm’rs, (remanding for “a new EIS determination process in accordance with the standards set forth in this opinion”); (Minn.App.
- In Re Qwest's Wholesale Service Quality Standards 678 N.W.2d 58 Minn. Ct. App. 2004
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In Re Qwest's Wholesale Service Quality Standards
678 N.W.2d 58
Minn. Ct. App. 2004
b. Evidence “[T]he severity of an administrative sanction must reflect the seriousness of the violation.” (reversing revocation of daycare provider’s license as overly severe sanction); see also Haugen, d at 80-81 (affirming district court’s reversal of commissioner’s revocation of real estate brokers’ licenses as overly severe sanction); Henry Youth Hockey d at 457 (affirming revoca