Opinion
A20-1164
03-17-2021
Donzeal Epps, Relator, v. Minnesota Department of Human Services, Respondent.
ORDER OPINION
Minnesota Department of Human Services
File No. 2250132 Considered and decided by Hooten, Presiding Judge; Johnson, Judge; and Slieter, Judge.
BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE:
1. In 2020, relator Donzeal Epps reapplied for a license as a personal care assistant from the Department of Human Services (DHS) so that he could care for his mother, who was physically ill and in need of care. While he had been previously licensed as a personal care assistant, DHS, in its background search in conjunction with his prior applications, had failed to locate records of his two juvenile adjudications for fifth-degree criminal sexual conduct in 2006 and 2009. In response to Epps's application for a new license and its discovery of his prior juvenile adjudications, DHS permanently disqualified him as a licensed personal care assistant. Epps requested reconsideration of his permanent disqualification and asked the commissioner of health to set aside such disqualification. The commissioner denied Epp's request to set aside his disqualification.
After DHS completes its background study and issues a decision regarding an applicant's disqualification, the commissioner of health reviews and decides reconsideration requests by the disqualified applicants. Minn. Stat. § 144.057, subds. 2 & 3 (2020). --------
2. In his petition for certiorari from the commissioner's decision to this court, Epps argues that the commissioner should have set aside his disqualification because he presents no risk of harm justifying his disqualification.
3. Our court has held that the commissioner's decision whether or not to set aside a disqualification for licensing is a quasi-judicial agency decision. Anderson v. Comm'r of Health, 811 N.W.2d 162, 165 (Minn. App. 2012) (citations and quotations omitted). In a petition for certiorari to this court, we "examine the record to review questions affecting the jurisdiction of the [agency], the regularity of its proceedings, and, as to the merits of the controversy, whether the order or determination in a particular case was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it." Id.
4. As part of a reconsideration request, the commissioner has discretion to set aside an applicant's disqualification if the applicant shows that he poses no risk of harm to any person he might serve. Minn. Stat. § 245C.22, subd. 4(a) (2020). Epps supports his claim that his disqualification should be set aside with many letters of support from his community and friends, records of his dedicated community service, academics, employment, and his own commitments that he is not a risk to his mother.
5. While these records may provide substantial support for Epps's contention that he presents no risks to his mother and the public, Minnesota law prevents us from reversing the commissioner's decision that his disqualification should not be set aside. Minn. Stat. § 245C.15, subd. 1(a) (2020), provides that "[a]n individual is disqualified [if] . . . the individual has committed any of the following offenses: section[] . . . 609.3451 (criminal sexual conduct in the fifth degree)." As a juvenile, Epps was adjudicated delinquent, not criminally convicted, for fifth-degree criminal sexual conduct. However, "[f]or purposes of this chapter, a finding that a delinquency petition is proven in juvenile court shall be considered a conviction in state district court." Minn. Stat. § 245C.08, subd. 4(d) (2020). "[T]he commissioner may not set aside the disqualification of any individual . . . if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1." Minn. Stat. § 245C.24, subd. 2(a) (2020).
6. Epps admitted in his request for reconsideration that DHS correctly disqualified him based on his two juvenile adjudications for fifth-degree criminal sexual conduct. Due to those adjudications, the law, as set forth in Minn. Stat. § 245C.24, subd. 2(a), forbids the commissioner of health from setting aside Epps's disqualification. Because the commissioner has no discretion to set aside Epps's disqualification, there is no merit to Epps's argument that the commissioner's refusal to set aside his disqualification was arbitrary, oppressive, unreasonable, fraudulent, under an erroneous theory of law, or without any evidence to support it.
IT IS HEREBY ORDERED:
1. The decision of the commissioner of health denying Epps's request that his disqualification from obtaining a license as a personal care assistant be set aside is affirmed.
2. Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1(c), this order opinion is nonprecedential, except as law of the case, res judicata, or collateral estoppel.
Dated: 3/17/21
BY THE COURT
/s/_________
Judge Carol A. Hooten