Opinions Archive

 

October 2013

Results 1 - 10  (31 total results)

  • 67-2000-30926 In the Matter of the Appeal of the Invasive Species/Infested Waters Citation No. 172167, Issued to William Louis Heitmann
    October 31, 2013 - The Administrative Law Judge concludes that Appellant committed a violation of Minn. Stat. § 84D.10, subd. 4(b), and, that a civil penalty of $100 is an applicable penalty under Minn. Stat. § 84D.13, subd. 5(a)(6). Therefore, the Administrative Law Judge respectfully recommends that the Commissioner AFFIRM the citation and fine.
  • 80-0325-31075 Jeff Czeczok, Complainant, vs. Gary Scheeler, Respondent
    October 31, 2013 - THEREFORE, IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that this matter will be scheduled for a telephone prehearing conference and an evidentiary hearing to be held at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota 55101.
  • 82-0325-31074 Andrea Mayer-Bruestle, Complainant, vs. Committee for VOTE a/k/a 833 YesYesYes, Respondent
    October 31, 2013 - (1) The Complaint alleges prima facie violations of Minn. Stat. § 211A.02 in claim #2 and claim #5. These claims will proceed to a probable cause hearing; (2) All of the other claims alleged in the Complaint are DISMISSED; (3) This matter is scheduled for a probable cause hearing on the alleged violations of Minn. Stat. § 211A.02, to be held by telephone before the undersigned Administrative Law Judge at 2:30 p.m. on Monday, November 4, 2013. The hearing will be held by call-in telephone conference.
  • 84-2700-30406 In the Matter of the Revocation of the Journeyman Pipefitter License of Troy A. Pearson
    October 29, 2013 - IT IS HEREBY RECOMMENDED that the Commissioner take appropriate action against Respondent Troy A. Pearson, including the revocation of his journeyman pipefitter license.
  • 80-0900-31042 In the Matter of the Proposed Expedited Amendments to Permanent Rules Relating to Health Care Quality Measures, Minnesota Rules, Chapter 4654
    October 25, 2013 - 1. According to Minn. Stat. § 62U.06, subd. 3, the Department has the statutory authority to adopt these proposed amendments to rules using the expedited rulemaking process. 2. The proposed amendments to rules were adopted in compliance with the procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400. 3. The proposed amended rule parts are APPROVED.
  • 68-1100-30883 In the Matter of John Dorner - Revenue Recapture
    October 25, 2013 - The Administrative Law Judge concludes that the Respondent has failed to show by a preponderance of the evidence that the $300 fee should be reduced because he was returned to incarceration and, therefore, the Department is entitled to collect the $300 fee.
  • 65-1901-23109 Ken B. Peterson, Commissioner, Department of Labor and Industry, State of Minnesota, Complainant, vs. Gateway Building Systems, Inc., Respondent
    October 22, 2013 - The Commissioner established that Gateway employees violated Minn. R. 5207.1100, subp. 2, on January 4, 2012, by working on an elevated platform supported by an all-terrain forklift without using fall protection devices, as required by the state and federal Occupational Safety and Health standards. A violation of fall protection standards creates a substantial probability that death or serious physical harm could result. Gateway, with the exercise of reasonable diligence, could have known of the violation. Therefore, the violation of Minn. R. 5207.1100, subp. 2, is correctly classified as a serious violation. Gateway has failed to establish the affirmative defense of unpreventable employee misconduct. The Commissioner stipulates that Gateway had established work rules which required the use of fall protection when working on an elevated lift and that it adequately communicated those rules to its employees. However, Gateway failed to establish, by a preponderance of the evidence, that it took steps to discover incidents of noncompliance or that it effectively enforced fall protection rules whenever employees transgressed them. As a result, the citation issued for the violation of Minn. R. 5207.1100, subp. 2, is AFFIRMED. In addition, the penalty imposed for this offense, which is 60 percent of the maximum penalty allowed by law for a serious violation, is reasonable and appropriate. Therefore, the penalty of $2,800 is AFFIRMED.
  • 8-1900-30855 In the Matter of the Proposed Rules of the Department of Labor and Industry Governing the Adoption of the International Residential Code
    October 22, 2013 - The Additional Notice Plan is APPROVED. The Notice of Hearing is APPROVED contingent upon three additions to the text of the Notice
  • 65-1901-23109 Ken B. Peterson, Commissioner, Department of Labor and Industry, State of Minnesota, Complainant, vs. Gateway Building Systems, Inc., Respondent
    October 22, 2013 - The Commissioner established that Gateway employees violated Minn. R. 5207.1100, subp. 2, on January 4, 2012, by working on an elevated platform supported by an all-terrain forklift without using fall protection devices, as required by the state and federal Occupational Safety and Health standards. A violation of fall protection standards creates a substantial probability that death or serious physical harm could result. Gateway, with the exercise of reasonable diligence, could have known of the violation. Therefore, the violation of Minn. R. 5207.1100, subp. 2, is correctly classified as a serious violation. Gateway has failed to establish the affirmative defense of unpreventable employee misconduct. The Commissioner stipulates that Gateway had established work rules which required the use of fall protection when working on an elevated lift and that it adequately communicated those rules to its employees. However, Gateway failed to establish, by a preponderance of the evidence, that it took steps to discover incidents of noncompliance or that it effectively enforced fall protection rules whenever employees transgressed them. As a result, the citation issued for the violation of Minn. R. 5207.1100, subp. 2, is AFFIRMED. In addition, the penalty imposed for this offense, which is 60 percent of the maximum penalty allowed by law for a serious violation, is reasonable and appropriate. Therefore, the penalty of $2,800 is AFFIRMED.
  • 11-2000-30777 In the Matter of the Appeal of the Invasive Species/Infested Waters Citation Issued to Dale Richard Burdon; Citation No. 177547
    October 22, 2013 - The Administrative Law Judge concludes that Mr. Burdon transported his boat on a public road with the drain plug in place on May 25, 2013, in violation of Minn. Stat. § 84D.10, subd. 4(b), and recommends that the Commissioner affirm the Citation.
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