Opinions Archive

March 2012

• 61-1800-22637-2 In the Matter of the Temporary Immediate Suspension of the Family Child Care License of Serena Brolsma To Provide Family Day Care
  
  March 30, 2012 - The issue is whether the Department of Human Services’ order of temporary immediate suspension of Licensee’s family day care license should be continued. The Administrative Law Judge concludes that the temporary suspension should not be continued.
• 8-0900-22419-2 In the Matter of the Administrative Penalty Order Issued to Peter Hansen, d/b/a Hansen’s Harbor
  
  March 30, 2012 - Is it impossible for the Respondent, Hansen’s Harbor, to comply with the requirements of Minnesota Rules, Part 4630.0800, subp. 1? If so, is Hansen’s Harbor entitled to judgment as a matter of law? The Administrative Law Judge concludes that it is not impossible to meet the requirements of Minn. R. 4630.0800, subp. 1, and that as a result, Hansen’s Harbor is not entitled to judgment as a matter of law.
• 11-2400-21771-1 In the Matter of the Proposed Rules of the Department of Public Safety Governing Training and Certification of Over-Dimensional Load Escort Drivers; Minnesota Rules Chapter 7455
  
  March 29, 2012 - In this rulemaking proceeding, the Department proposes to add a new chapter 7455 to its rules to govern pilot/escort vehicles that accompany oversize vehicles. The Administrative Law Judge determined that portions of the proposed rules were defective because they lacked statutory authority, had not been shown to be needed or reasonable, or failed to satisfy other substantive requirements of law or rule. The Administrative Law Judge recommended that the proposed rules, as modified, be adopted, except where otherwise noted. The Chief Administrative Law Judge reviewed and approved the report of the Administrative Law Judge.
• 3-0305-22638-DP In the Matter of Kyle Prall and Citizens Information Associates, v Hennepin County Sheriff's Office and Hennepin County Board of Commissioners
  
  March 26, 2012 - The Administrative Law Judge concludes that there is probable cause to believe that the County violated Minnesota Statutes § 13.03, subd. 2, and subd. 3 (c) & (e), by failing to provide copies of booking photos at a reasonable cost and failing to have procedures in place to ensure that requests for government data are received and complied with in a prompt manner. This matter will be scheduled for a prehearing conference to be held by telephone conference call and a later evidentiary hearing to be held at the Office of Administrative Hearings at 600 North Robert Street in St. Paul. The dates and times of the Pre-Hearing Conference and the evidentiary hearing will be sent to the parties under a separate cover. See Memorandum.
• 2-1100-22589-2 In the Matter of the Risk Level Determination of Vernon Lee Pugh
  
  March 22, 2012 - Did the ECRC err in its determination that Respondent should be assigned Risk Level II? The Administrative Law Judge concludes that the ECRC did not err in making its determination.
• 2-1100-22690-2 In the Matter of the Risk Level Determination of Allyn Schlumpberger
  
  March 22, 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.
• 15-6010-22539-3 In the Matter of City of Minneapolis, Police Department and Peter Ritschel
  
  March 20, 2012 - Is Respondent entitled to defense and indemnification in the matter of Dahl v. Ritschel and City of Minneapolis, arising from events occurring on June 9, 2010? The Administrative Law Judge recommends that the decision by the City of Minneapolis to deny defense and indemnification to Peter Ritschel be affirmed.
• 7-0320-22666-CV Minnesota Democratic-Farmer-Laborer Party, Complainant, vs. Representative Ernie Leidiger and Steven Nielsen, Treasurer, Citizens for Ernie Leidiger, Respondents.
  
  March 20, 2012 - On March 1, 2012, the Minnesota Democratic-Farmer-Laborer Party (MN DFL) filed a campaign complaint with the Office of Administrative Hearings alleging that Representative Ernie Leidiger and Steven Nielsen, as Treasurer of Citizens for Ernie Leidiger violated Minnesota Statutes § 211B.12 by using campaign funds for a non-permitted personal expenditure. Following a review of the Complaint and attached documents, the undersigned Administrative Law Judge has determined that the Complaint sets forth a prima facie violation of Minnesota Statutes § 211B.12.
• 3-0900-22501-2 In the Matter of Golden Living Center Franklin (IIDR), Survey Exit Date: October 6, 2011
  
  March 19, 2012 - The above matter was the subject of an independent informal dispute resolution (IIDR) written review conducted by Administrative Law Judge Kathleen D. Sheehy on March 8, 2012. The Recommended Decision is that the citation with regard to Tags F 248, F 250, and F 319 are supported by the facts and should be AFFIRMED as to scope and severity.
• 3-1901-21382-2 and 3-1901-21383-2 In the Matter of Ken B. Peterson, Commissioner, Department of Labor and Industry, State of Minnesota, and Local 638, United Brotherhood of Teamsters, v United Parcel Service, Inc.
  
  March 13, 2012 - This matter is before Administrative Law Judge Kathleen D. Sheehy on the motion in limine of the Respondent regarding the admissibility of testimony by James Radick of Rapid Engineering. IT IS HEREBY ORDERED THAT: The Respondent’s motion in limine is GRANTED and Mr. Radick will be permitted to testify, as more fully explained in the Memorandum.