February 28, 2014 - The Department’s Motion for Summary Disposition is GRANTED;
1. The Claimant’s Motion for Summary Disposition is DENIED; and
2. The Department’s decision to deny Claimant’s application for compensation from the Contractor Recovery Fund is AFFIRMED.
February 25, 2014 - 1. To the extent that it seeks to exclude the testimony of identified fact and expert witnesses on the basis of untimely disclosure, Rogers’ Motion in Limine is DENIED.
2. To the extent that it seeks to exclude identified testimony of Dr. Craig Packer or to limit the introduction of the deposition testimony of Dr. Thomas Smith, Rogers’ Motion in Limine is held in abeyance pending further order.
February 25, 2014 - 1. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400.
2. According to Minn. Stat. § 148.191, subd. 2(a), the Board has the statutory authority to adopt these proposed rules using the exempt rulemaking process.
3. The proposed changes do not alter the sense, meaning, or effect of the rule and is consistent with Minn. Stat. § 14.388 subd. 1 (4).
February 21, 2014 - 1. The Department 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 adopted rules are APPROVED.
February 20, 2014 - The Administrative Law Judge concludes that Apple Tree has failed to show that its Minneapolis and Hawley Clinics fall within the MEAJA’s definition of “party.” As a result, they are not eligible for an award of attorneys’ fees and expenses under Minn. Stat. § 15.472.