January 29, 2014 -
1. The Petition for Intervention is GRANTED.
2. By 4:30 p.m. on Monday, February 17, 2014, Honor the Earth shall file in the eDocketing system a statement identifying:
(a) an attorney-at-law that will represent the corporation in these proceedings;
(b) a representative that qualifies for one of the exceptions which authorize representation of a corporation by a non-attorney under Minn. Stat. § 481.02; or,
(c) a statute or Commission rule that would permit a non-attorney to represent a corporate party to a certificate of need proceeding.
3. The changes to the service list to reflect Honor the Earth’s party status will await these later filings.
January 27, 2014 - 1. The proposed rules were adopted in compliance with the procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400.
2. According to 2013 Minn. Laws, ch. 116, art. 5, § 29, the Department has the statutory authority to adopt these proposed rules using the expedited rulemaking process.
3. The proposed rule parts are APPROVED.
January 24, 2014 - 1. That the Respondent’s Motion to Dismiss is GRANTED.
2. That the Complainant’s Motion to toll the one-year statute of limitations and find the Complaint timely is DENIED.
3. That the Complaint filed by Jeff Czeczok against Gary Scheeler is DISMISSED.
4. That the evidentiary hearing in this matter scheduled for February 10, 2014, is CANCELLED.
January 22, 2014 - 1. Respondents engaged in, conspired to participate in, directed, authorized, failed to learn about, diligently investigate, prevent the unlicensed solicitation of insurance in Minnesota on 38,237 occasions, each of which constitutes a distinct violation of law. Minn. Stat. §§ 45.027, subd. 7(a)(2), 60K.32, and 60K.43, subd. 1(2) (2012).
2. Respondents engaged in, conspired to participate in, directed, authorized, failed to learn about, diligently investigate, or prevent the making of communications to potential insurance buyers that gave the impression that Respondents were acting on behalf of a government agency. Minn. Stat. §§ 45.027, subd. 7(a)(2), and 60K.43, subd. 1(16) (2012).
3. Respondents engaged in, conspired to participate in, directed, authorized, failed to learn about, diligently investigate, prevent the making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading. Minn. Stat. §§ 45.027, subd. 7(a)(2); 60K.43, subd. 1(2); and 72A.20, subd. 2 (2012).
4. Variable and Schaffer failed to respond to the Department's Administrative Subpoena.