Opinions Archive

 

January 2012

Results 1 - 10  (29 total results)

  • 3-2000-22338-1 In the Matter of the Adoption of Rules Relating to Wildlife, Management, Hunting, Trapping, and Stamp Design, Minnesota Rules, Chapters 6230, 6234, 6236, 6240, and 6290
    January 31, 2012 - The Department has the statutory authority to adopt the rules. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400. The adopted rules are APPROVED. The attached Memorandum describes a possible change to the wording of one subpart for purposes of consistency, but such a change would be optional and is not a defect in the rule.
  • 8-6020-22427-3 In the Matter of All Licenses Held by Abdishakur Abdi Hassan d/b/a Capitol Tobaccos for the Premises Located at 152 University Avenue West in Saint Paul
    January 31, 2012 - Should regulatory action be taken against the licenses held by Capitol Tobaccos, because it failed to maintain the approved capacity for its establishment, in violation of sections 55.06 and 310.05 (m)(2) of the St. Paul Legislative Code? As discussed more fully below, the Administrative Law Judge concludes that Capitol Tobaccos should be sanctioned for its failure to maintain the approved capacity for its establishment.
  • 16-2002-22117-2 In the Matter of the Restoration Order Issued to Alvin Thorstad
    January 30, 2012 - Whether the DNR may enforce its Restoration Order requiring Respondent to allow the natural re-growth of cattails along the shoreline of his property on Norway Lake, Kandiyohi County, Minnesota. If so, and the natural re-growth process does not occur by a date certain, may the DNR enforce that portion of the Restoration Order that requires Respondent to replant the cattails along the shoreline of his property on Norway Lake? The ALJ finds that Respondent was advised on numerous occasions that a permit was required to remove the cattails from his shoreline property, that he did not obtain the required permit and he had the cattails removed, contrary to Minn. Stat. § 103G.615 and Minn. R. 6280.0250.1 The ALJ concludes that the Restoration Order is enforceable against Respondent.
  • 7-2000-22491-2 In the Matter of Appeal by James DeCent of a Citation for Unlawful Possession of a Firearm
    January 30, 2012 - On November 5, 2011, the first day of firearm deer hunting season, Officer Verkuilen arrested one Brett Stimac, whom he observed situated in a deer stand near where molasses and sugar beet pulp had been placed as bait for deer. Mr. Stimac admitted that he was hunting deer, that the deer stand belonged to him, and that he had placed molasses and sugar beet pulp on the scene to set bait to attract deer.
  • 61-1800-22486-2 In the Matter of the Temporary Immediate Suspension of the Family Child Care License of Angela Brandt To Provide Family Day Care
    January 27, 2012 - Has the Department established that there is reasonable cause to believe that a failure by Licensee to comply with applicable law or rule, the actions of Licensee or other individuals, or conditions in the program, pose an imminent risk of harm to the health, safety or rights of children served by Licensee? The Administrative Law Judge concludes that there is reasonable cause to believe that infants in Licensee’s care are at imminent risk of harm, and the temporary immediate suspension of Licensee’s family child care license should be continued.
  • 11-1005-22342-2 In the Matter of Commercial Recovery Corporation
    January 26, 2012 - The issue presented in this case is whether CRC refused or intentionally failed to account to its clients for all money collected from debtors with 30 days from the last day of the month in which the money was collected, in violation of Minn. Stat. § 332.37(8); commingled money collected for a client with CRC’s operating funds or used such money in the conduct of CRC’s business, in violation of Minn. Stat. § 332.37(10); provided false information to the Commissioner, in violation of Minn. Stat. § 45.027, subd. 7(3); or demonstrated financial irresponsibility, in violation of Minn. Stat. § 45.027, subd. 7(4); and, if so, whether CRC’s debt collector license should be disciplined or sanctions including civil penalties should be imposed.
  • 3-0900-22382-2 In the Matter of St. Therese Home Survey Exit Date: August 26, 2011
    January 26, 2012 - In this case, there is insufficient evidence that immediate correction of the care plan deficiency was required to prevent a high potential for serious injury, harm, impairment, or death of a resident. The care plan deficiency should have been determined as severity level 2, no actual harm but with the potential for more than minimal harm that is not immediate jeopardy; and with a scope of 3 (a systemic failure). The citation with regard to Tag F356 is supported by the facts and should be AFFIRMED as to scope and severity; the citation with regard to Tag F 373 is not supported by the facts; it should be RESCINDED and replaced with Tag F 280, issued at severity level 2, no actual harm but with the potential for more than minimal harm that is not immediate jeopardy; and with a scope of 3 (a systemic failure). The findings in the 2567 should be revised accordingly.
  • 2-1100-22451-2 In the Matter of the Risk Level Determination of Arden Reich
    January 25, 2012 - On January 12, 2012, the undersigned Chief Administrative Law Judge (ALJ) received a Notice of Motion and Motion to Dismiss Risk Level Appeal as Moot. In the matter of Arden Reich (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).
  • 2-1100-22506-2 In the Matter of the Risk Level Determination of Daniel Lee Washington
    January 25, 2012 - Petitioner is a member of a group of Petitioners who have appealed their Risk Level Determinations as set by their respective end-of-confinement review committees (ECRC’s) pursuant to Minn. Stat. § 244.052. Petitioner, and the other group members, each received a risk level assessment and determination prior to being released from confinement from a Minnesota Correctional Facility (MCF).
  • 8-2200-22054-1 In the Matter of the Adopted Rules Governing the Siting Certain Landfills Initially Permitted After January 1, 2011, Minnesota Rules Chapter 6301
    January 24, 2012 - 1. The agency has the statutory authority to adopt the rules. 2. The rules were NOT adopted in compliance with all of the procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400. 3. The Agency committed one procedural error that cannot be cured by reference to the rulemaking record or waived as a harmless error.
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