December 05, 2013 - 1. The Licensee’s Motion to Stay the Hearing is GRANTED. The Order for Hearing is stayed and all related proceedings in this matter are stayed until the Court of Appeals issues its decision in the Appeal of the Department’s Temporary Immediate Suspension (Case No. A13-1259).
2. Attorneys for the parties shall notify Administrative Law Judge Barbara J. Case when the Court of Appeals issues its decision on Licensee’s Appeal of the Temporary Immediate Suspension (T.I.S.).
3. The Licensee’s Motion for Attorney’s Fees is DENIED for the reasons set forth in the memorandum below.
December 04, 2013 - 1. The Agency has the statutory authority to adopt the rules.
2. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400.
3. The record demonstrates the rules are needed and reasonable.
4. The rules are APPROVED.
November 26, 2013 - 1. The Department’s Motion to Compel Discovery is hereby by GRANTED.
2. The Respondent shall respond to the Department’s Requests for Admissions, Interrogatories, and Requests for Production of Documents by 4:30 p.m. on December 10, 2013. To the extent that a particular discovery request seeks information that is subject to the attorney-client privilege or other privilege recognized by law, the Respondent may state an objection to the request on that basis.
3. Failure to respond to the Department’s discovery requests by 4:30 p.m. on December 10, 2013 may result in a further order as provided in Minn. R. 1400.6700, subp. 3.
November 22, 2013 - 1. The proposed rules were adopted in compliance with the procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400.
2. The Board has the statutory authority to adopt these proposed rules using the expedited rulemaking process under Minn. Stat. §§ 326B.435, subd. 2(a)(6), and 326B.437(d).
3. The proposed rules are APPROVED.
November 22, 2013 - The Board’s determination supersedes the authority of the local building official to require an engineered design. However, the Board should specify with particularity what the City building official is required to do upon final inspection of the ledger board attachment, and that he then be directed to approve the project if the contractor has done what the Board directed the contractor to do. In the alternative, the Board may consider other options such as approving code compliance now that the GRK screws have been installed. There needs to be additional specificity in the Board order.
November 20, 2013 - NOTICE IS NOW GIVEN that this matter has been assigned to a panel of three Administrative Law Judges for an evidentiary hearing. The assigned Administrative Law Judges are: Jeanne M. Cochran (Presiding Judge), Barbara J. Case, and Timothy J. O’Malley. The Office of Administrative Hearings is located at 600 North Robert Street, in St. Paul. All mail to the Office should be addressed to: Office of Administrative Hearings, P.O. Box 64620, St. Paul, MN 55164-06120. The Administrative Law Judges may be reached at 651-361-7900. The Office’s fax number is 651-361-7936.
IT IS FURTHER ORDERED AND NOTICE IS HEREBY GIVEN that this matter is scheduled for an evidentiary hearing to be held on Monday, January 6, 2014, commencing at 10:00 a.m., at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, MN 55101.