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November 2012

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  • 11-2400-21771 In the Matter of the Proposed Rules of the Department of Public Safety Governing Training and Certification of Over-Dimensional Load Escort Drivers
    November 30, 2012 - IT IS HEREBY ORDERED: that the proposed rules, as modified and approved by the Revisor on November 15, 2012, and with the further revision required by the Revisor to part 7455.0100, subpart 8 set forth above, are approved as to legality. The revision to part 7455.0100, subp. 8, does not render the rules substantially different from the rules as originally proposed.
  • 60-4600-22942 In the Matter of the Revenue Recapture of Corinne Bowers
    November 29, 2012 - Whether the Respondent is in default of the terms and conditions of the Note which she executed and is required to repay the monies received? Whether the MHFA is entitled to offset the amount owed by Respondent using revenue recapture in accordance with Minn. Stat. Ch. 270A? IT IS HEREBY ORDERED: The Minnesota Housing Finance Agency is entitled to use revenue recapture to offset the amount owed to it by Corinne Bowers.
  • 60-0325-30180 Pat Walker v Mark Freeburg
    November 29, 2012 - After reviewing the Complaint and attachments, the Administrative Law Judge finds that the Complaint does not state a prima facie violation of Minn. Stat. § 211B.06. Therefore, the Complaint is dismissed.
  • 8-0325-30094 - In the Matter of Elise M. Hiljus v Jonathan Glassel
    November 28, 2012 - The Complaint alleges that a September issue of Mr. Glassel’s publication, the Chisago County Epitaph, qualifies as false campaign material in violation of Minn. Stat. § 211B.06. Specifically, the Complaint alleges that Mr. Glassel prepared and disseminated a copy of the Epitaph which asserted that Darrell Trulson “has never been elected to public office,” at a time when Mr. Glassel knew that Mr. Trulson had been earlier-elected as a Library Trustee for the Library Board of the Village of Arlington Heights, Illinois. Mr. Trulson was a candidate for election as a County Commissioner of Chisago County at a time that this assertion was circulated. IT IS ORDERED: Ms. Hiljus’ Complaint is DISMISSED.
  • 7-1200-22670 Department of Employment and Economic Development Rules Governing Vending Stands and Business Enterprises
    November 27, 2012 - The Department has the statutory authority to adopt the rules The adopted rules are approved.
  • 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
    November 27, 2012 - The Minnesota Department of Public Safety (“Department”) proposes to adopt the above-entitled rules pursuant to Minn. Stat. § 14.16. A public hearing regarding the proposed rules was held on November 29, 2011, and January 17, 2012. On March 29, 2012, Administrative Law Judge Barbara L. Neilson issued a Report in which she determined that the proposed rules were defective in certain respects. On April 3, 2012, the undersigned Chief Administrative Law Judge issued a Report approving Judge Neilson’s Report. IT IS HEREBY ORDERED: that the proposed rules, as modified and approved by the Revisor on November 15, 2012, are approved as to legality.
  • 60-2002-30171 In the Matter of the Proposed Rules of the Department of Natural Resources Relating to Endangered, Threatened, and Special Concern Species
    November 27, 2012 - On November 16, 2012, the Minnesota Department of Natural Resources filed documents with the Office of Administrative Hearings seeking review and approval of its additional notice plan. Based upon a review of the written submissions , IT IS HEREBY ORDERED THAT: The Additional Notice Plan is APPROVED. The Hearing Notice is APPROVED.
  • 11-2000-23138 In the Matter of Invasive Species/Infested Waters Civil Citation #178006-David Walter Fuhs
    November 26, 2012 - The issue presented in this matter is whether David W. Fuhs was properly issued a civil citation under Minn. Stat. § 84D.13, subd. 4(1), on September 2, 2012, for transporting aquatic macrophytes in violation of Minn. Stat. §§ 84D.09, subd. 1. The Administrative Law Judge concludes that Mr. Fuhs violated Minn. Stat. § 84D.09, subd. 1, on that date, and recommends that the Commissioner affirm the Citation.
  • 8-0325-30169 In the Matter of Eric Mahutga v Mayor Bill Schulz
    November 26, 2012 - The Complaint alleged that Mr. Schulz, a candidate for Mayor of the City of Nowthen, Minnesota, violated Minn. Stat. § 211B.11. Specifically, the Complaint asserts that Mr. Schulz parked a truck that had a magnetic sign on the passenger-side door which urged Schulz’s re-election as Mayor, within 100 feet of a polling site. The Complaint alleges that the truck with the campaign sign was parked near the polling site on October 1, November 1 and November 3, 2012. Following a review of the Complaint, the undersigned Administrative Law Judge has determined that the Complaint sets forth a prima facie violation of Minn. Stat. § 211B.11 – and that Mr. Mahutga should be permitted to proceed to a probable cause hearing on this claim.
  • 16-0320-30065 Jason Metsa v. Jesse Colangelo
    November 26, 2012 - Did Respondents violate Minn. Stat. §§ 211B.02 and 211B.06 by stating on campaign material that Mr. Colangelo was endorsed by the National Rifle Association (NRA) in the November 2012 general election? The Panel concludes that the Complainants have established that Respondents violated Minn. Stat. §§ 211B.02 and 211B.06. The Panel concludes further that it is appropriate to assess Respondents a civil penalty in the amount of $250.
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