Opinions Archive

August 2011

• 2-6020-22170-3 In the Matter of the All Licenses Held By Blue Store St. Paul d/b/a Blue Store St. Paul
  
  August 30, 2011 - Did the City prove by a preponderance of the evidence that a cigarette was being smoked by an employee of the Blue Store within the premises of the establishment on June 30, 2011, in violation of Minn. Stat. § 144.414, subd. 1 (Minnesota Clean Indoor Air Act)? Is the recommended penalty of $500.00 reasonable pursuant to Saint Paul Legislative Code § 310.05 (m) (3)? The ALJ finds that the City did show by a preponderance of the evidence that a cigarette was being smoked on the premises that day and was most likely smoked by an employee. The ALJ also finds that the proposed penalty is within the standard penalty matrix for a first time offense.
• 16-2000-22134-2 Scott Ripp Report
  
  August 26, 2011 - This matter came before Administrative Law Judge Manuel J. Cervantes (ALJ) on a Notice of Hearing, filed July 26, 2011. The telephone hearing was held on August 25, 2011. Conservation Officer Mark Mathy (Officer) appeared as a witness on behalf of the Department of Natural Resources (Department or DNR). Scott A. Ripp (Appellant) appeared on his own behalf. The record closed at the conclusion of the hearing that morning. The facts are not in dispute and are as follows: On May 28, 2011 Conservation Officers were parked on Tamarack Point Road in Cass County, Minnesota. At approximately 4:51 p.m., officers observed a Chevy Silverado truck towing a boat. Officers stopped the vehicle. The driver identified himself as Scott Ripp, the appellant herein. Appellant indicated that he was staying at a nearby resort. Officer Mathy explained the law relative to invasive species, specifically, that Minnesota law prohibited the transportation of a boat with the plug intact. Appellant indicated that he was not aware of that law.
• 8-1900-22217-1 In the Matter of the Adopted Exempt Permanent Rules Relating to Workers Compensation, 2011 Adjustments to Independent Medical Examination Fees and Relative Value Fee Schedule Conversion Factors, Minnesota Rules, Chapter 5221
  
  August 26, 2011 - The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400. According to Minn. Stat. § 176.136, subd. 1a, the Department has the statutory authority to adopt these proposed rules using the exempt rulemaking process. The adopted rules are APPROVED.
• 8-0305-22121-DP Dan Sherburn v. City of Big Lake
  
  August 26, 2011 - Mr. Sherburne alleges that the City of Big Lake, Minnesota, violated the Minnesota Government Data Practices Act by denying him access to a report authored by Robert Shellum of the Midwest Government Advisors. After reviewing the Complaint and the City’s Response to the Complaint, the Administrative Law Judge has determined that the Complaint does not present sufficient facts to believe that violations of Chapter 13 have occurred.
• 2-1100-22163-2 Risk Level Determination of Harley Morris
  
  August 19, 2011 - The Chief Administrative Law Judge received a Notice of Motion and Motion to Dismiss Risk Level Appeal as Moot. In the matter of Harley Morris (Petitioner), a sex offender currently committed to the Minnesota Sex Offender Program (MSOP) as a Sexually Dangerous Person (SDP) or a Sexual Psychopathic Personality (SPP). For the reasons set forth in the Memorandum that follows, the Chief Administrative Law Judge GRANTS the Motion to Dismiss the Appeal.
• 8-6020-22021-3 In the Matter of the Adverse Action Against All Licenses Held by Mazatlan, LLC d/b/a Mazatlan
  
  August 16, 2011 - Should regulatory action be taken against the licenses held by Mazatlan, because it failed to timely remit surveillance recordings in May of 2010? Should regulatory action be taken against the licenses held by Mazatlan, because it failed to timely remit surveillance recordings in early 2011? Should regulatory action be taken against the licenses held by Mazatlan, because its employees furnished alcohol to persons who were obviously intoxicated? As discussed more fully below, the Administrative Law Judge concludes that while Mazatlan should be sanctioned for its failure to timely remit video surveillance recordings as requested by City officials, the record does not support the City’s claim of illegal alcohol sales. Additionally, the Administrative Law Judge recommends that the City Council downwardly depart from the presumptive penalty for Mazatlan’s fourth violation – imposing a severe monetary penalty in lieu of revocation of its licenses.
• 1800 Kerney report
  
  August 16, 2011 - Temporary Immediate Suspension of Day Care License of Shirell Kerney
• 2-1100-22162-2 Risk Level Determination of Jerry Gerrard
  
  August 10, 2011 - The Chief Administrative Law Judge received a Notice of Motion and Motion to Dismiss Risk Level Appeal as Moot in the matter of Jerry Gerrard, a sex offender currently committed to the Minnesota Sex Offender Program as a sexually Dangerous Person or a Sexual Psychopathic Personality. The Chief Administrative Law Judge GRANTS the Motion to Dismiss the Appeal.
• 15-1004-22041-2 Non-Resident Insurance Producer License of Johanna Kay Thornley, Lic No. 40061399
  
  August 04, 2011 - Did the Respondent forge or cause to be forged another’s name on two Attending Provider’s Statement (APS) forms, and otherwise use fraudulent, coercive, or dishonest practices, or demonstrate incompetence, untrustworthiness or financial irresponsibility, in violation of Minn. Stat. §§ 45.027, subd. 7 (a)((4), and 60K.43, subd. 1 (8) and (10), and Minn. R. 2795.1000? Did Respondent fail to report to the Commissioner within 30 days that her Kansas non-resident insurance agent license was revoked for committing unfair insurance practices or fraud, in violation of Minn. Stat. §§ 60K.43, subd. 1 (2), (7) and (9), and 60K.54, subd. 1? Is discipline against the Respondent in the public interest?
• 15-1004-22041-2 Non-Resident Insurance Producer License of Johanna Kay Thornley Lic. No. 40061399
  
  August 04, 2011 - 1. Did the Respondent forge or cause to be forged another’s name on two Attending Provider’s Statement (APS) forms, and otherwise use fraudulent, coercive, or dishonest practices, or demonstrate incompetence, untrustworthiness or financial irresponsibility, in violation of Minn. Stat. §§ 45.027, subd. 7 (a)((4), and 60K.43, subd. 1 (8) and (10), and Minn. R. 2795.1000? 2. Did Respondent fail to report to the Commissioner within 30 days that her Kansas non-resident insurance agent license was revoked for committing unfair insurance practices or fraud, in violation of Minn. Stat. §§ 60K.43, subd. 1 (2), (7) and (9), and 60K.54, subd. 1? 3. Is discipline against the Respondent in the public interest?