Opinions Archive

 

August 2012

Results 1 - 10  (30 total results)

  • 8-2001-23058-1 In the Matter of the Proposed Rules of the Department of Natural Resources Relating to Aquatic Wildlife, Minnesota Rules, Chapters 6260, 6262 and 6266
    August 31, 2012 - The Additional Notice Plan is APPROVED.
  • 11-0320-22622-CV - Minnesota Democratic-Farmer-Labor Party, Complainant, vs Minnesota Senate Republican Caucus, et al
    August 31, 2012 - Were the “Legislative Updates” distributed at the February 2012 Republican precinct caucuses campaign material within the meaning of Minnesota Statutes § 211B.01, subd. 2? If so, did the Respondents violate Minn. Stat. § 211B.04(b) by failing to put a disclaimer on the Legislative Updates identifying who prepared and paid for them? IT IS HEREBY ORDERED: The Complaint is DISMISSED as to Respondent MNSRC. That having been found to have violated Minn. Stat. § 211B.04, Respondents Senator David Senjem, Senator Al DeKruif, Senator Chris Gerlach, Senator Gretchen Hoffman, Senator Benjamin Kruse, Senator Ted Lillie, Senator Claire Robling, Senator Ray Vandeveer, Senator Pam Wolf, Senator Michelle Fischbach, and Senator John Pederson shall each pay a civil penalty of $75 by November 30, 2012. That having been found to have violated Minn. Stat. § 211B.04, Senate Republican Caucus Communications Director Steve Sviggum shall pay a civil penalty of $200 by November 30, 2012.
  • 11-2000-22786-2 In the Matter of the Appeal of the Civil Trespass Citation Issued to William John Bulinski
    August 30, 2012 - The issue presented in this matter is whether William J. Bulinski was properly issued a civil citation under Minn. Stat. § 97B.002 on February 16, 2012, for trespassing on private property. The Administrative Law Judge concludes that Mr. Bulinski violated Minn. Stat. § 97B.002 on that date, and recommends that the Commissioner affirm the Citation.
  • 11-1800-22762-2 In the Matter of the Revocation of the Family Child Care License of Amber J. Schueler, License No. 1055607
    August 30, 2012 - Should the Licensee’s family child care license be revoked because she refused to allow a County licensing worker to enter her home during an investigation; did not provide adequate supervision to a child; did not ensure that hazardous materials were not accessible to children; did not maintain documentation of monthly crib safety inspections and annual recall checks; failed to ensure that her home was free of dirt, rubbish and clutter and that there were two means of escape; and failed to comply with a prior correction order? The Administrative Law Judge finds that certain violations cited by the Department were not supported by the evidence. However, the Administrative Law Judge concludes that the Commissioner’s order revoking the family child care license should be affirmed based upon several serious and substantiated violations of applicable rules and laws, particularly the Licensee’s failure to allow the County licensing worker access to her child care home during its hours of operation, the Licensee’s failure to provide adequate supervision to an infant in care, and the Licensee’s failure to ensure that the licensed premises met health and sanitation standards.
  • 60-2000-22971-2 In the Matter of the Appeal of the Invasive Species/Infested Waters Civil Citation Issued to Michael Wayne LaBine
    August 30, 2012 - The Department has the burden of proof to establish that Mr. LaBine violated Minn. Stat. § 84D.10. Having offered no evidence in support of its claim, the Department did not establish that Mr. LaBine violated Minn. Stat. § 84D.10. The Administrative Law Judge respectfully recommends that the Commissioner of Natural Resources DISMISS Citation 133481.
  • 60-2000-22961-2 In the Matter of the Civil Citation Issued to Thomas John Tindall; Citation No. 133084
    August 30, 2012 - Mr. Tindall violated Minn. Stat. § 84D.10, subd. 4(b), on May 13, 2012, by transporting a boat without removing or opening the drain plug. The Administrative Law Judge recommends that Civil Citation No. 133084 issued to Thomas John Tindall be AFFIRMED.
  • 8-0904-20850-1 In the Matter of the Proposed Rules of the Department of Health Governing Air Quality in Enclosed Sports Arenas, Minnesota Rules, Chapters 6135, 6234 and 6242
    August 29, 2012 - The Additional Notice Plan is APPROVED. Prior to publication of the Dual Notice, the Department shall carefully consider whether the summary of testimony detailed on page 17 of the Statement of Need and Reasonableness conforms to the requirements of Minn. R. 1400.2700, subpart 1 (C).
  • 16-0400-22624-2 ITMO Revocation of the License Issued to Thorson’s Bakery
    August 27, 2012 - Respondents Leon and Therese Thorson are retail food handlers who operate Thorson’s Bakery in Gibbon, Minnesota. Respondents were licensed by MDA until September 2011, when MDA declined to renew Respondents’ license following a pattern of repeat violations of Minnesota food laws. From 2009 to present, MDA inspectors have attempted to bring Respondents’ bakery into compliance. In that time, MDA has issued multiple sanitation and equipment violations, referred several repeat violations for criminal prosecution, and repeatedly warned Respondents that their license would not be renewed unless Respondents demonstrated substantial progress toward rectifying outstanding ventilation and plumbing issues.
  • 7-0325-23053-CV Jerry Pierce, Complainant, v. Mayor Tim Howe, City of Coon Rapids, Respondent.
    August 27, 2012 - On August 20, 2012, Jerry Pierce filed a Campaign Complaint with the Office of Administrative Hearings alleging that Conn Rapids Mayor Tim Howe violated Minnesota Statutes § 211B.06 in connection with the August 14, 2012, primary election for Coon Rapids City Council Ward 1.
  • 7-2000-22994-2 In the Matter of the Invasive Species/Infested Waters Citation #185382 Issued to Ardwin J. Hamer
    August 27, 2012 - Whether Ardwin J. Hamer violated Minn. Stat. § 84D.10, subd. 4(b), when he transported his watercraft on a public road with the drain plug in place? The Administrative Law Judge concludes that Ardwin J. Hamer violated Minn. Stat. § 84D.10, subd. 4(b), on July 16, 2012. Accordingly, the Administrative Law Judge RECOMMENDS that the Commissioner AFFIRM the Citation.
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