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ANDERSON v. COMMISSIONER OF HEALTH

No. A11-754.

811 N.W.2d 162 (2012)

Michael Scott ANDERSON, Relator, v. COMMISSIONER OF HEALTH, Respondent.

Court of Appeals of Minnesota.

January 30, 2012.

Attorney(s) appearing for the Case

Daniel Guerrero , Meshbesher & Spence, Ltd., Minneapolis, MN, for relator.

Lori Swanson , Attorney General, Audrey Kaiser Manka , Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by MINGE, Presiding Judge; KALITOWSKI, Judge; and ROSS, Judge.

OPINION

ROSS, Judge.

The commissioner of health permanently disqualified children's hospital nurse Michael Anderson from working in a direct-care position at licensed facilities after the state convicted Anderson of fifth-degree criminal sexual conduct. Anderson asked the commissioner to reconsider and set aside his disqualification because he contends that he can prove he poses no risk of harm. The commissioner declined, concluding

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