Opinions Archive

March 2013

• 60-0320-30073 60-0320-30021 Angela Berger v. John Cashmore and Richard Novack
  
  March 29, 2013 - That Respondent John Cashmore’s application for attorney’s fees and costs is DENIED.
• 61-1800-30442 In the Matter of the Temporary Immediate Suspension of the Family Child Care License of Chantelle Wise To Provide Family Day Care
  
  March 29, 2013 - The issue is whether there is reasonable cause to believe that the health, safety or rights of children in Licensee’s care are at imminent risk of harm at this time. The Administrative Law Judge concludes that there is reasonable cause to believe that children in Licensee’s care are at imminent risk of harm, and the temporary immediate suspension of Licensee’s family child care license should be continued.
• 11-0550-23000 In the Matter of the Appeal of Hennepin Theater Trust
  
  March 29, 2013 - Did HTT satisfy the interim application requirements for obtaining second-year operating support funding from the Board for fiscal year 2013, including submitting application documents electronically using the Board’s online system? Did the MSAB fail to follow any of its policies or procedures in determining that HTT was ineligible to receive second-year operating support funding in fiscal year 2013? Is HTT eligible to receive second-year operating support funding from the Board for fiscal year 2013?
• 67-0400-22359 In the Matter of the Suspension of Alvin Schlangen Food Sales
  
  March 27, 2013 - IT IS HEREBY ORDERED: that the Motion to Voluntarily Withdraw Contested Case is DENIED.
• 67-0400-22359 In the Matter of the Suspension of Alvin Schlangen Food Sales
  
  March 27, 2013 - The Minnesota Consolidated Food Licensing Law prohibits all persons from engaging “in the business of manufacturing, processing, selling, handling, or storing food without having first obtained from the commissioner a license for doing such business.”
• 8-3000-30265 In the Matter of the Petition of Waseca County for a Declaration that the December 14, 2012, Deadline Imposed by the MN DOT for an Agreement Regarding Turnback of TH 14 is an Unadopted Rule
  
  March 26, 2013 - On December 19, 2013, Steele and Waseca counties (the Counties) petitioned this Office for issuance of an Order under Minn. Stat. § 14.381. The Counties sought an Order directing the Minnesota Department of Transportation (Department or MnDOT) to refrain from enforcing certain interpretations of Minn. Stat. §§ 161.081 and 161.16 as though they were duly adopted rules.
• 8-3000-30255 In the Matter of the Petition of Steele County for a Declaration that the December 14, 2012, Deadline Imposed by the MN DOT for an Agreement Regarding Turnback of TH 14 is an Unadopted Rule
  
  March 26, 2013 - On December 19, 2013, Steele and Waseca counties (the Counties) petitioned this Office for issuance of an Order under Minn. Stat. § 14.381. The Counties sought an Order directing the Minnesota Department of Transportation (Department or MnDOT) to refrain from enforcing certain interpretations of Minn. Stat. §§ 161.081 and 161.16 as though they were duly adopted rules.
• 60-0320-30535 Ken Martin v Representative Greg Davids
  
  March 26, 2013 - On March 21, 2013, Ken Martin filed a Campaign Complaint with the Office of Administrative Hearings alleging that Representative Greg Davids violated Minnesota Statutes § 211B.06 in connection with letters published in the Brainerd Dispatch, Albert Lea Tribune, the Grant County Herald and the Hinckley News. After reviewing the Complaint and attached exhibits, the undersigned Administrative Law Judge has determined that the Complaint sets forth prima facie violations of Minnesota Statutes § 211B.06.
• 11-1300-30011-Rules-Social Studies Academic Standards
  
  March 22, 2013 - The Administraive Law Judge's Report finds the Department of Education's proposed rules establishing Academic Standards and Social Studies to be needed, reasonable and within the Department's statutory authority and having no other defects.
• 16-2600-30139 In the Matter of Proposed Rules of the Minnesota Racing Commission Governing Horse Racing, Horse Medication, Chapter 7890
  
  March 21, 2013 - The MRC is considering rule amendments that will lower the threshold level for phenylbutazone (bute) from five (5) micrograms to two (2) micrograms of the substance or metabolites thereof per milliliter of blood plasma or serum in race horses older than two years old. Second, no concentration of any level of a nonsteroidal anti-inflammatory drug (NSAID), other than bute, would be allowed in the serum or plasma sample taken after a race from a two-year-old horse.