Opinions Archive

 

 2011

Results 31 - 40  (417 total results)

  • 8-2500-22094-2 In the Matter of Otter Tail Power Company’s Petition for an Advance Determination of Prudence for its Big Stone Air Quality Control System Project
    November 09, 2011 - Whether the Air Quality Control System ("AQCS") project proposed by Otter Tail is reasonable, prudent and in compliance with the requirements set forth in Minn. Stat. § 216B.1695. The Administrative Law Judge concludes that the proposed AQCS project, as modified so as to eliminate the originally-proposed baghouse, is reasonable, prudent and in compliance with all of the requirements of Minn. Stat. § 216B.1695. The ALJ recommends the Commission grant, subject to the reporting requirements recommended below, Otter Tail’s Petition for an Advance Determination of Prudence (“ADP”) for the Big Stone AQCS.
  • 16-2500-22263-2 In the Matter of the Application of Prairie Wind Energy Project, LLC, for a Certificate of Need and a Large Wind Energy Conversion System Site Permit
    November 09, 2011 - A public hearing was held before Administrative Law Judge Manuel J. Cervantes on October 4, 2011, at 7:00 p.m., at the Prairie Event Center, 201 West Main Street, Parkers Prairie, Minnesota. The purpose of the hearing was to solicit public comment regarding the application of Prairie Wind Energy Project, LLC, (PWE or Applicant) for a Certificate of Need and Site Permit required to build the proposed large energy facility. The public hearing continued until all interested persons had an opportunity to be heard.
  • 2-0330-22076-BA In the Matter of D-480 Ghent/Grandview Township
    November 09, 2011 - The Municipal Boundary Adjustment Unit (MBA) initiated this action to determine whether the detachment specified in the petition should be approved pursuant to Minn. Stat. § 414.06.
  • 2-1800-22172-2 In the Matter of the Revocation of the License to Provide Child Foster Care of Antoinette Jenkins
    November 08, 2011 - Did the Respondent fail to comply with Minn. R. 2960.300, subp. 2, by smoking near her foster child and/or allowing second hand smoke to come in contact with the child? Did Respondent fail to meet the License Holder Qualifications of Minn. R. 2960.3060, subp. 3 C, by not being able to provide a statement that she has been free of chemical use problems for the past two years? Has Respondent failed to respond to correction orders requiring her to obtain mandatory training in a timely fashion in violation of Minn. R. 2960.3070, subp. 2? Was the Commissioner of the Department of Human Services (the Commissioner) justified in issuing an Order revoking Respondent’s license?
  • 2-0900-22250-2 In the Matter of the Disqualification Appeal of Mary Manthimba Massaquoi
    November 08, 2011 - Whether the Minnesota Department of Human Services, pursuant to Minn. Stat. § 245C.14, properly disqualified Respondent from an employment position allowing direct contact with persons receiving services from licensed programs and facilities licensed by the Department?1 Whether the Department, upon reconsideration, correctly determined by a preponderance of the evidence that a preponderance of the evidence that Respondent committed an act that meets the definition of domestic assault, Minn. Stat. § 609.2242?
  • 7-2000-22370-2 In the Matter of the Appeal of the Invasive Species/Infested Waters Citation Issued to Frank Lowry
    November 07, 2011 - In early October 2011, Officer Mlynar received a telephone “tip” that a swimming raft (basically, a wooden structure measuring approximately 8 feet square, supported by 55-gallon barrels made of plastic) was situated on the shore of Farm Island Lake in Aitkin County, and that the raft was covered by zebra mussels. Officer Mlynar investigated the “tip” report by inspecting the swimming raft, and observed approximately 200 zebra mussels attached to various parts of the structure. Officer Mlynar traced the ownership of the raft to Frank Lowry, whom Mr. Mlynar contacted by telephone. During the course of the telephone conversation between Mlynar and Lowry, held approximately on October 7, 2011, Mr. Lowry admitted he had transported the swimming raft from Prior Lake (in Scott County) to Farm Island Lake.
  • 8-0900-22389-1 In the Matter of the Proposed Amendments to the Expedited Rules Relating to Minnesota Health Quality Measures, Minnesota Rules, Chapter 4654
    November 07, 2011 - The proposed rules were adopted in compliance with the procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400. According to Minn. Stat. § 62U.06, subd. 3, the Department has the statutory authority to adopt these proposed rules using the expedited rulemaking process. The proposed rule parts are APPROVED.
  • 61-1800-22343-2 Temporary Immediate Suspension of the Family Child Care License of Tina and Michael Jay
    November 04, 2011 - Has the Department established that there is reasonable cause to believe that a failure by Licensees to comply with applicable law or rule, the actions of Licensees or other individuals, or conditions in the program, poses an imminent risk of harm to the health, safety, or rights of children served by Licensees? The Administrative Law Judge concludes that there is not reasonable cause to believe that children in Licensees’ care are at imminent risk of harm.
  • 3-1005-21970-2 My First House; Go Zone Real Estate Club; Ronald Hillman; CAL Group/Realty;Charles Tomasello; William Rodwell; and Thomas Easter
    November 04, 2011 - Are Respondents My First House, Inc.; Go Zone Real Estate Club, LLC; and Ronald Hillman subject to discipline because: They offered and/or sold unregistered securities in the form of investment contracts and provided promissory notes, in violation of Minn. Stat. § 80A.49 (2010); and they engaged in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person by failing to return investor funds as promised, in violation of Minn. Stat. § 80A.65 (2010).
  • 3-1901-22042-2 State of MN v Danner, Inc.
    November 04, 2011 - Did the Respondent violate Occupational Safety and Health (OSH) rules requiring that a competent person remove employees from a situation that could result in a possible cave-in; that employees are protected from cave-ins by sloping, shoring, or other adequate protective systems; and that excavated materials are placed at least two feet away from the edge of an excavation? If so, what penalty is appropriate? The Administrative Law Judge concludes the Respondent violated the rules in question and that the $13,000 penalty sought by the Department should be reduced to $10,200 to properly reflect the duration of the hazard.
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