April 09, 2014 - The above named rules, in the form published in the State Register on October 28, 2013, with the modifications indicated in Revisor’s document AR4181, with the revisions dated January 23, 2014 and March 4, 2014, are approved as to legality.
April 07, 2014 - 1. The Additional Notice Plan is APPROVED contingent upon provision of notice to the following associations:
(a) Insurance Federation of Minnesota
Attention: Robert D. Johnson, President
15490 101st Ave N - Suite 300
Maple Grove, MN 55369
(b) Institutional Longevity Markets Association
Attention: John Kelly, Managing Director
925 15th St NW - Suite 500
Washington, DC 20005
2. The Notice of Intent to Adopt Rules Without a Public Hearing is APPROVED contingent upon:
(a) the insertion of dates into the paragraphs entitled “Introduction” and “Comments” that reflect a 30-day comment period, as provided for Minn. Stat. § 14.22, subdivision 1(a)(1); and,
(b) the insertion of a date into the paragraph entitled “Request for a Hearing” that reflects a 30-day period for the submission of hearing requests, as provided for Minn. Stat. § 14.22, subdivision 1(a)(3).
March 25, 2014 - 1. The comment period in this matter is reopened as of March 24, 2014 and shall remain open until 4:30 p.m. on March 28, 2014.
2. Following the reopened comment period, the hearing record will remain open for an additional five business days, until 4:30 p.m. on April 4, 2014 so as to allow all interested parties and the MPCA an opportunity to reply to comments submitted between March 24, 2014 and March 28, 2014.
3. The MPCA shall, by 4:30 p.m. on March 29, 2014, make reasonable efforts to notify all parties who submitted comments during the initial comment period, all persons on the MPCA’s official rulemaking list for this rule and any other commentators in this rulemaking process of the additional comment opportunity.
4. During the reopened comment period, the MPCA shall file with the Office of Administrative Hearings certifications that it complied with the Additional Notice Plan and that it provided a copy of the proposed rule change to the Commissioner of Agriculture as required by applicable law.
5. During the reopened comment period, interested persons may submit any comments and other information relevant to any topic addressed in the rulemaking proceeding.
6. Given the import of this Order, the MESERB’s Motion to Supplement the Administrative Record is dismissed as moot.
March 17, 2014 - 1. This matter has been re-assigned to Administrative Law Judge LauraSue Schlater.
2. The Additional Notice Plan is APPROVED contingent upon the following entities being added to the Plan: the Associated General Contractors of Minnesota and the current list of the voluntarily certified radon mitigation contractors maintained by the Minnesota Department of Health at www.health.state.us/radon.
3. The Dual Notice is APPROVED, provided that the Notice is modified reflect the reassignment to Judge Schlatter. In addition, the Department shall replace the phrase “the Department will hold a hearing” with either “the Administrative Law Judge will hold a hearing” or “a hearing will be held” whenever that phrase appears in the text of the Dual Notice.
March 17, 2014 - 1. The Board has the statutory authority to adopt the rules.
2. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400.
3. The record demonstrates the rules are needed and reasonable.
4. The rules are APPROVED.
March 11, 2014 - 1. There is probable cause to believe that Respondent Jay Phillips violated Minnesota Statutes § 211B.04 by failing to include a disclaimer on a campaign flyer mailed to constituents and on advertisements published in the Byron Review on February 25, 2014 and March 4, 2014, promoting his candidacy for Salem Township Supervisor.
2. There is no probable cause to believe that Respondent Jay Phillips violated Minn. Stat. § 211B.04 in connection with campaign signs that Bryce DeCook and Ronald Tiede prepared and disseminated in support of Mr. Phillips’ candidacy for Salem Township Supervisor. The claim is DISMISSED.