January 23, 2015 - The Administrative Law Judge concludes that because of the illnesses and distress that followed from Mr. Goodin’s food preparation practices, the Department’s assessment of the $10,000 administrative monetary penalty is reasonable.
January 23, 2015 - IT IS HEREBY DETERMINED THAT:
1. The MPCA has the statutory authority to adopt the rules.
2. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14 (2014), and Minnesota Rules, Chapter 1400 (2013).
3. The record demonstrates the rules are needed and reasonable.
4. There are editorial revisions, described in the attached memorandum, which would contribute to the clarity and readability of the rule.
IT IS HEREBY ORDERED THAT:
1. The rules are APPROVED.
2. The MPCA should consider making the technical changes set forth in the attached memorandum.
January 15, 2015 - The Board has established that it has the statutory authority to adopt the proposed rules, that it complied with applicable procedural requirements, and that the proposed rules are necessary and reasonable.
January 15, 2015 - The Administrative Law Judge concludes that Respondent violated Minn. Stat. § 157.16 (2014) and that the Department properly issued the Administrative Penalty Order. The Administrative Law Judge further concludes that the administrative penalty assessed was unreasonable under the statutory factors and recommends that the Department reduce the fine to $2,500.
January 13, 2015 - IT IS HEREBY DETERMINED THAT:
1. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400 (2014).
2. According to Minn. Stat. 442A.02, subd. 5 (2014), the OAH has the statutory authority to adopt these rules using the exempt rulemaking process.
IT IS HEREBY ORDERED THAT:
The adopted rules are APPROVED.
January 08, 2015 - After reviewing the complaint and the attached exhibit, the undersigned Administrative Law Judge has determined that the complaint sets forth a prima facie violation of Minn. Stat. § 211B.04. This determination is detailed in the attached Memorandum.
January 08, 2015 - The Administrative Law Judge concludes that the Department has failed to satisfy its burden by proving the alleged violations by a preponderance of the evidence. As a result, Respondent’s Motion to Dismiss is GRANTED.
January 07, 2015 - Based upon Bloomington’s enrollment, financial contribution, usage and other factors, Bloomington’s proportionate share of the Intermediate District’s assets and liabilities is $525,297.00. A portion of said amount can be paid by non-member tuition credits for Bloomington students to enroll in the Intermediate District. The parties are directed to agree to a payment schedule that minimizes financial disruption to the Intermediate District and its remaining Member Districts. If the parties cannot agree to a payment schedule by February 17, 2015, the Administrative Law Judge shall determine the payment schedule, payment type, and the interest, if any, to be applied to the balance owed, after allowing additional written argument by the parties.
January 07, 2015 - 1. The proposed rules were adopted in compliance with the procedural requirements of Minnesota Statutes, chapter 14 (2014), and Minnesota Rules, chapter 1400 (2013).
2. According to Minn. Stat. § 14.389, the Department has the statutory authority to adopt these proposed rules using the expedited rulemaking process.
3. The proposed rule parts are APPROVED.
January 06, 2015 - 1. The Commissioner of Health (Commissioner) should further recommend that tag F282 be set aside as the evidence does not establish a deficient practice.
2. The Commissioner should further recommend that tag F314 be set aside because the evidence does not establish a deficient practice and the outcome was unavoidable.
January 05, 2015 - 1. The Complaint is DISMISSED.
2. Because the costs of the Office of Administrative Hearings in connection with this matter exceeded the amount of the filing fee, Mr. Tallman is not entitled to a refund of the filing fee under Minn. Stat. § 13.085, subd. 6 (d) (2014).
3. Because the Complaint has not been shown to have been frivolous in nature, or to have been brought for the purposes of harassment, the City is not entitled to recover reasonable attorneys fees under Minn. Stat. § 13.085, subd. 6(e) (2014).