December 11, 2012 - The above-entitled matter came on for review by the Chief Administrative Law Judge pursuant to the provisions of Minnesota Rules, part 1400.2240, subpart 4. Based upon a review of the record in this proceeding, the Chief Administrative Law Judge hereby approves the Report of the Administrative Law Judge, dated December 7, 2012, in all respects.
December 11, 2012 - Did Respondents Fred Sandvik and Fred Westcott of Hickory Orchards, LLC violate Minn. Stat. § 211B.15, subd. 2, by making a prohibited corporate contribution to Greg Davids in the form of a campaign sign posted on corporate property? IT IS ORDERED: That Repondents Fred Sandvik and Fred Westcott of Hickory Orchards, LLC are reprimanded for violating Minn. Stat. § 211B.15, subd. 2, by posting a campaign sign on corporate property.
December 10, 2012 - Has the Department established that there is reasonable cause to believe that a failure by Licensee to comply with applicable law or rule, the actions of Licensee or other individuals, or conditions in the program, poses an imminent risk of harm to the health, safety or rights of children served by Licensee? The Administrative Law Judge concludes that there is reasonable cause to believe that children in Licensee’s care remain at imminent risk of harm.
December 07, 2012 - Administrative Law Judge Barbara L. Neilson conducted a hearing in this rulemaking proceeding commencing at 10:30 a.m. on September 20, 2012, at the Rivers Edge Convention Center in St. Cloud, Minnesota. The hearing continued until everyone present had an opportunity to be heard concerning the proposed rules. IT IS RECOMMENDED that the proposed rules, as modified, be adopted, except where otherwise noted above.
December 07, 2012 - Was L. Johnson responsible for the maltreatment of one of the children in her care, in violation of Minn. Stat. § 626.556? If so, was the imposition of a $1,000 fine appropriate, under Minn. Stat. § 245A.07, subd. 3 (c) (4)? Did L. Johnson fail to exercise appropriate supervision of children in her program on June 29, 2011, contrary to Minn. R. parts, 9502.0315 and 9502.0365, subp. 5? If so, was the imposition of a $200 fine appropriate, under Minn. Stat. § 245A.07, subd. 3 (c) (4)? Was the indefinite suspension of Licensees’ child care license because of a physical maltreatment finding and issues related to L. Johnson’s health and physical disability appropriate under Minnesota law?
December 07, 2012 - Did Respondent Republican Party of Minnesota violate Minn. Stat. § 211B.06 by disseminating false campaign material regarding Kent Eken, the Democratic Farmer Labor (DFL) Party candidate for the Minnesota Senate District 4 seat?
The Panel concludes that the Complainant has established that Respondent violated Minn. Stat. § 211B.06. The Panel concludes further that it is appropriate to assess Respondent a civil penalty in the amount of $600.
December 06, 2012 - Whether Mr. Carver engaged in fraudulent, deceptive or dishonest practices in connection with the sales of certain homes during 2005? Whether Mr. Carver failed to use reasonable care and breached fiduciary duties that he had toward clients participating in certain sale transactions during 2005? Whether Mr. Carver failed to notify the Department that he had relinquished management duties of Carver & Associates Real Estate? Whether Mr. Carver undertook licensed activities in ways that were incompetent, untrustworthy or financially irresponsible? Whether Mr. Carver acted as a real estate broker or real estate salesperson at a time when he was not licensed to undertake such activities? IT IS RECOMMENDED that the Department impose appropriate discipline against Steven R. Carver and Carver & Associates Real Estate.
December 06, 2012 - Did the Department prove by a preponderance of the evidence that the Licensee committed serious maltreatment or physical abuse of a child (A.C.) on May 23, 2011? Did the Department demonstrate reasonable cause to support the Order of Conditional License against the Licensee? Did the Department demonstrate reasonable cause to support the Order to Pay a Fine in the amount of $1,000.00 against the Licensee? If the Department demonstrated reasonable cause to support the conditional license and fine, did Licensee demonstrate by a preponderance of the evidence that she had complied with the applicable laws and rules the Department alleged were violated?
December 06, 2012 - This matter came before Chief Administrative Law Judge Raymond R. Krause upon the resubmission by the Minnesota Department of Natural Resources of rules that were disapproved in part on November 6, 2012. The Department seeks review and approval of its revised rules under Minnesota Statutes Section § 14.26 and Minn. R. 1400.2300, subpart 8. Based upon a review of the written submissions and filings and the revised Order of the Commissioner submitted on December 6, 2012, IT IS HEREBY ORDERED THAT: The rules are APPROVED.
December 05, 2012 - That the Complainant’s motion to Amend his Complaint to allege a violation of Minn. Stat. § 211A.13, subd. 2, by the DFL Party and to restore the DFL Party as a respondent is DENIED; and
That there is not probable cause to believe that Respondent violated Minn. Stat. 211B.15, as alleged in the Complaint, and this matter is accordingly DISMISSED.