December 08, 2014 - In the view of the Administrative Law Judge, Mr. Takuanyi “engaged in ... a pattern or practice of conduct of failure to comply with laws reasonably related to the licensed activity,” as those terms are used in St. Paul Legislative Code § 310.06(b)(6)(c) (2014). For this reason, the Administrative Law Judge recommends that the St. Paul City Council impose a $2,000 fine, and a 10-day suspension of operations, for Pet Motortech’s failures to abide by the conditions of its business licenses.
December 04, 2014 - The Complainant established by a preponderance of the evidence that the Respondent failed to include a disclaimer on his campaign material substantially in the form required under Minn. Stat. § 211B.04(b). For this violation, the panel concludes a civil penalty of $50 is appropriate.
December 03, 2014 - IT IS HEREBY ORDERED:
1. The Commission 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 (2014).
3. The record demonstrates the rules are needed and reasonable.
4. The rules are APPROVED.
December 02, 2014 - Licensee’s license as a real estate salesperson automatically became inactive on June 30, 2013, due to the suspension of the license of his supervising broker for failure to comply with continuing education requirements. Licensee continued to hold himself out as a real estate salesperson on September 6, 2013, when he sent an e-mail message seeking to show a client a home listed by another agency. Licensee also failed to appear for a reasonable inspection of his records as ordered by the Department.
November 26, 2014 - The Administrative Law Judge concludes that: (1) there was reasonable cause for the Department to believe that Ms. Blankers had violated a rule that is applicable to her daycare facility; (2) Ms. Blankers did not establish that she was in full compliance with the requirements of her family child care license in November of 2013; (3) the Department did not establish that the injuries to the infant in Ms. Blankers’ care were the result of deliberate misconduct, or a cause other than an unfortunate accident; (4) the Department was not correct to conclude that an accidental injury to a child under care amounts to serious maltreatment of a child by physical abuse; (5) Ms. Blankers established that she does not pose a risk of harm to the children served by her daycare; and (6) imposition of a lesser sanction – a conditional license, a suspension, or a fine – but not revocation, is the appropriate regulatory response in this case.
Accordingly, the Administrative Law Judge recommends that the Commissioner reverse both the maltreatment determination and disqualification and modify the Order of Revocation.