Opinions Archive

 

April 2012

Results 1 - 10  (27 total results)

  • 8-3500-22141-1 In the Matter of the Adopted Rules of the Office of the Secretary of State of Minnesota Relating to Rules Governing Absentee and Mail Balloting, Minnesota Rules, Chapter 8210
    April 30, 2012 - The Secretary of State 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.
  • 3-1902-22350-2 In the Matter of the Licensing Order Issued to Huepenbecker Construction, Inc., and Lloyd Huepenbecker, Individually
    April 30, 2012 - Did Respondents demonstrate that they are untrustworthy, financially irresponsible, or otherwise incompetent or unqualified to act under a license when they billed a homeowner for amounts owed on an alleged oral contract, in violation of Minn. Stat. §§ 326B.082, subd. 11(b)(9), 326B.809(b), and 326B.84(5) and (15) (2010)? Did the Respondents engage in deceptive or dishonest practices or demonstrate themselves to be untrustworthy, financially irresponsible, or otherwise incompetent or unqualified to act under a license when they sued the homeowner seeking to collect lost profits on an alleged oral contract, in violation of Minn. Stat. §§ 326B.082, subds. 11(b)(8) and (9), 326B.84(2), and (15)? Did the Respondents demonstrate that they are untrustworthy, financially irresponsible, or otherwise incompetent or unqualified to act under a license by providing false or misleading information to the commissioner in response to an information request, in violation of Minn. Stat. §§ 326B.082, subd. 11(b)(2) and (9), and 326B.84(14) and (15)? Was the Commissioner’s penalty assessment reasonable? IT IS HEREBY RECOMMENDED THAT: the Commissioner affirm the Licensing Order issued to Huepenbecker Construction, Inc., and Lloyd Huepenbecker, individually, except for the findings and conclusions regarding the filing of false or misleading information with the Department.
  • 8-2002-22311-2 In the Matter of the Appeal of Higdem Township of the Denial of Public Waters Work Permit Application No. 2007-0158 and Order for Restoration
    April 24, 2012 - Whether the 1976 Compact between Minnesota and North Dakota prohibits the Commissioner of Natural Resources from granting Higdem Township’s application for an after-the-fact permit to elevate a certain township road? Was the Commissioner’s Order directing Higdem Township to restore the road to the elevation it had 1987, lawful and appropriate? Is either the Department or Higdem Township entitled to judgment as a matter of law?
  • 15-1800-22193-2 In the Matter of the SIRS Appeal of Caring Professional Homecare, LLC, Matthew Dewey and Flavianna Tesha
    April 23, 2012 - The Department of Human Services (DHS) issued a Notice of and Order for Hearing and Prehearing Conference alleging that DHS was entitled to recover $91,870.33 overpaid to Caring Professionals Homecare, LLC. For the reasons explained in the Memorandum, the Administrative Law Judge makes the following: IT IS HEREBY ORDERED: The DHS's Motion for Summary Disposition is GRANTED. IT IS HEREBY RECOMMENDED: That the Department recover $91,870.33 in overpayments made to Caring Professionals, and suspend Matthew Dewey and Flavianna Tesha from participation in the MHCP for a period of two years for violating the terms of their Stipulated Provider Agreements.
  • 15-1904-22598-1 In the Matter of the Adoption of Rules Adopting Plumber Licensing, Certifications, Registration, and Continuing Education, Report of CALJ
    April 23, 2012 - If the agency chooses to make changes to correct the defects, it shall submit to the Chief Administrative Law Judge a copy of the rules as originally published in the State Register, the agency’s order adopting the rules, and the rule showing the agency’s changes. The Chief Administrative Law Judge will then make a determination as to whether the defect has been corrected and whether the modifications to the rules make them substantially different than originally proposed.
  • 2-6224-22766-3 In the Matter of the Dangerous Dog Designation for a Male Yellow Labrador (Toby)
    April 23, 2012 - Whether the Male Yellow Labrador (Toby) has met the criteria for designation as a Dangerous Dog, pursuant to Minn. Stat. § 347.54 and Carver County Ordinance § 92.06. Whether the proper designation for Toby is Dangerous or Potentially Dangerous pursuant to Carver County Ord. Ch. 92.
  • 7-1902-22282-2 In the Matter of David M. Gonsior
    April 20, 2012 - Whether the Respondent violated Minn. Stat. §§ 326B.082, subd. 7, 326B.084, subd. 2, and 326B.33, subd. 14 (2010) by acting or offering to act as an electrical contractor or technology system contractor without having a license issued by the Commissioner? Whether the Respondent violated Minn. Stat. §§ 326B.082, subd. 7, and 326B.33, subd. 1, by engaging in the work of a master electrician without a license issued by the Commissioner? Whether the Respondent violated Minn. Stat. §§ 326B.082, subd. 7, and 326B.36, subd. 4, by failing to file a Request for Electrical Inspection, together with the fees required for the inspection, at or before the commencement of the electrical installation at the Oakdale project? Whether disciplinary action against Mr. Gonsior is in the public interest? Whether the Hearing was requested solely for the purpose of delay, or that the hearing request was frivolous, in violation of Minn. Stat. § 326B.082, subd. 8(d)
  • 15-1901-22675-2 Ken B. Peterson, Commissioner, v Llamas Quality Services, LLC, Respondent
    April 19, 2012 - Should the penalties imposed on Respondent for occupational health and safety (OSHA) citations issued following an inspection on September 8, 2011, be affirmed? Based on the evidence in the hearing record, the Administrative Law Judge concludes that the Respondent is in default and the penalties imposed are affirmed.
  • 15-1904-22598-1 - In the Matter of the Adoption of Rules Adopting Plumber Licensing, Certifications, Registration, and Continuing Education
    April 19, 2012 - The Board 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 rules as adopted have been modified from the rules that were proposed, but are not substantially different, as determined pursuant to Minn. Stat. § 14.05, subd. 2. The rules are approved, except as specified below. The following rule parts are defective for the reasons set forth in the attached Memorandum, which includes recommendations to overcome the defects: Minnesota Rules pts. 4716.0200, subp. 2; 4716.0205, subp. 1A, and 4716.0210, subp. 1. Pursuant to Minn. Stat. § 14.26, subd. 3 (b), and Minn. R. 1400.2300, subp. 6, these rules will be submitted to the Chief Administrative Law Judge for review.
  • 11-2400-22112-1 In the Matter of the Proposed Rules of the Department of Public Safety Governing Driver Information, Licensing, and Testing; Minnesota Rules Chapter 7410
    April 18, 2012 - The Order of the Chief Administrative Law Judge finding that the final proposed rules are not substantially different from those proposed at the public hearing, that the Department of Public Safety has cured the defects in the rules as required, and that the Department’s failure to publish a notice soliciting comments from the public on the subject matter of a possible rulemaking proposal under active consideration within 60 days of the effective date of a new or amendatory law requiring rules to be adopted, amended or repealed constituted a harmless error within the meaning of Minn. Stat. § 14.26, subd. 3(d); and concluding that the Department may adopt the rules and, upon receipt of notification that the rules have been filed with the Secretary of State, may publish the adopted rules in the State Register.
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