Office of Inspector General
Licensing Division
PO Box 64242
St. Paul, MN 55164-0242
March 23, 2017
Tu Lynn Sommerfeld, Authorized Agent
Early Childhood Development Center
University of Minnesota Crookston
2900 University Avenue
Crookston, MN 56716
License Number 802569 (Child Care Center)
Report Number 20170528
CERTIFIED MAIL
ORDER TO PAY A FINE
BACKGROUND STUDY VIOLATIONS
Dear Ms. Sommerfeld:
During a licensing investigation conducted on February 27, 2017, 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 Early
Childhood Development Center did not comply with background study requirements. The
Commissioner is ordering Early Childhood Development Center to pay a $400 fine for two
background study violations.
A.
Reason for the Fine
The license holder failed to 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.04, subdivision 7.
Violation: During a licensing investigation on February 27, 2017, a DHS licensor
determined that the license holder did not submit background study requests to DHS for
An equal opportunity and veteran-friendly employer
Tu Lynn Sommerfeld
Page 2
March 23, 2017
two staff persons (SP1 and SP2) before they began providing direct contact services to
children served by the program.

SP1 began working in a student worker volunteer position allowing direct
contact with children served by the program on October 1, 2016. At the time of
the licensing investigation on February 27, 2017, the DHS license observed SP1
working unsupervised in a classroom. A background study is required on a
volunteer or student volunteer who will have direct contact with persons served
by the program if the contact is not under the continuous, direction supervision
of the license holder or a staff person who has a completed DHS background
study.

SP2 began working in a position of direct contact on February 27, 2017, the day
of the licensing investigation. The DHS licensor observed SP2 working
unsupervised in a classroom and the license holder had not submitted a
background study request to DHS for SP2.
The failure to submit a background study request to DHS before a staff person or an
unsupervised volunteer begins a position allowing direct contact with children served by
the program is a violation of background study requirements.
Subsequent to the licensing investigation, the license holder initiated background
studies on SP1 and SP2 and the Commissioner has provided the license holder notice
that SP1 and SP2 may provide direct contact services to children served by the program.
Fine: $400 (two background study violations at $200 per violation)
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.
C.
Total fine to be paid: $400
D.
Billing and Payment of the Fine
DHS will send you an invoice for the $400 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.
Tu Lynn Sommerfeld
Page 3
March 23, 2017
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.
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
c/o Office of Inspector General - Licensing Division
ATTN: Legal Unit
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 Donna Gainor, Unit Supervisor, at
(651) 431-6529.
Sincerely,
Peggy Cunningham, Unit Manager
Office of Inspector General, Licensing Division