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.
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.
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.
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.
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.
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.
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.
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.
March 12, 2012 - Minn. Stat. § 216E.07 requires that the Commission hold a public hearing each year so as to afford interested persons an opportunity to be heard on any matters relating to the siting of large electric generating power plants and routing of high-voltage transmission lines. On December 2, 2011, the Minnesota Public Utilities Commission requested that the Office of Administrative Hearings conduct on its behalf the 2011 Annual Hearing on the Power Plant Siting Act Programs.
March 09, 2012 - In this rulemaking proceeding, the Department proposes to amend its rules to adopt identity and residency requirements for Minnesota residents who wish to obtain an Enhanced Driver’s License (EDL) or an Enhanced Identification Card (EID). The Administrative Law Judge concludes that the language of proposed Rule 7410.0400, Subpart 3b, items A and B, is defective because it is overly vague, is inconsistent with due process principles, and has not been shown to be needed and reasonable. IT IS RECOMMENDED that the proposed rules, as modified, be adopted, except where otherwise noted above. The Chief Administrative Law Judge hereby approves the Report of the Administrative Law Judge, dated March 7, 2012, in all respects.