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.
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.
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.
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.
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.
November 26, 2012 - Brandon Rettke filed a Complaint in this matter on November 2, 2012. The Complaint asserts that Xpress Mailing made disbursements of more than $2,000 in 2012 to produce and disseminate the “People for a Voice” brochure. This brochure urged the election of candidates other than Jason Etten to the Roseville City Council. The Complaint also asserts that notwithstanding these expenditures, Xpress Mailing did not timely file the report required by Minn. Stat. § 211A.02 or include the disclaimer required by Minn. Stat. § 211B.04 on the brochure. IT IS ORDERED: Mr. Rettke’s Complaint is DISMISSED. Mr. Rettke may file an additional complaint against a proper party, within 30 days, without incurring an additional filing fee.
November 25, 2012 - IT IS ORDERED: That there is not probable cause to believe that Respondents violated Minnesota Statutes § 211B.06 as alleged in the Complaint, and this matter is accordingly DISMISSED.
November 21, 2012 - On November 19, 2012, Rick Olseen filed a Campaign Complaint with the Office of Administrative Hearings alleging that Bob Barrett and Barrett for State Representative Committee violated Minnesota Statutes § 211B.06 (false campaign material) in connection with campaign material they prepared and/or disseminated regarding a candidate in the race for the seat in the Minnesota House of Representatives from District 32B. After reviewing the Complaint and attached exhibits, the Administrative Law Judge has determined that the Complaint sets forth a prima facie violation of MSS 211B.06.
November 21, 2012 - The City of Minnetrista (City) discharged Allan Gansen from his position as Water Technician for the City. The City’s discharge letter indicated that the grounds for discharge were stated in order to comply with the Veterans’ Preference Act, Minn. Stat. §197.46. On May 16, 2012, Mr. Gansen filed a Request for a Veterans’ Preference Hearing pursuant to Minn. Stat. §197.46. The City filed a Motion for Summary Disposition. IT IS ORDERED that the Respondent’s Motion for Summary Disposition is DENIED; and IT IS ORDERED FURTHER that the Petitioner’s Request for Attorney’s Fees is DENIED; and Since the Orders herein, if adopted by the Commissioner of Veterans Affairs, decide the issues currently before the Administrative Law Judge and the Commissioner, IT IS RECOMMENDED that the Petition of Allan Gansen be GRANTED, in part, and DENIED in part, in accordance with the Memorandum below, which is incorporated by reference herein.
November 20, 2012 - Did Respondents violate Minn. Stat. § 211B.04 in connection with a campaign radio advertisement that was broadcast prior to the November 2012 general election? The Panel concludes that the Complainant has established by a preponderance of the evidence that Respondents violated Minn. Stat. § 211B.04. The Panel concludes further that it is appropriate to assess Respondents a civil penalty of $150.