Opinions Archive

April 2013

• OAH Report on Receipts and Expenditures Relating to the Data Practices Act
  
  April 30, 2013 - The Office of Administrative Hearings was directed by the 2010 Session Laws of Minnesota, Chapter 297, Section 3, to make an annual report to the "chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the office on receipt and expendtiure of money under [Minn. Stat. § 13.085] in the preceding fiscal year."
• 8-1900-23099 In the Matter of the Adopted Rules of the Medical Services Review Board and Rehabilitation Review Panel Relating to their Joint Rules of Procedure, Minnesota Rules Chapter 5217
  
  April 26, 2013 - The adopted rules are APPROVED.
• 68-2002-30595 In the Matter of the Proposed Rules of the Department of Natural Resources Relating to Falconry
  
  April 23, 2013 - The Additional Notice Plan is APPROVED. The Dual Notice is APPROVED.
• 60-0325-30237 Jan Throndson v. Fairway Outdoor Advertising
  
  April 23, 2013 - The Panel concludes that the Complainant has established by a preponderance of the evidence that Respondent violated Minn. Stat. § 211B.05, subd. 2, by charging political candidates different rates for advertising. The Panel concludes further that a civil penalty of $250 is appropriate.
• 48-3100-30344 Teresa L. Koplin v. Kandiyohi County
  
  April 19, 2013 - This matter is reassigned to the Honorable Steve M. Mihalchick. The DOCKET NUMBER IS MODIFIED to: OAH 48-3100-30344. Respondent’s Motion to Strike and Request for Continuance is GRANTED as set forth in the attached Memorandum. Respondent’s Motion to Dismiss is DENIED.
• 65-1005-30057 In the Matter of Equity Builders, et al.
  
  April 18, 2013 - The Department’s Motion for a Default is DENIED WITHOUT PREJUDICE to re-filing. The reassignment of this matter for additional proceedings to the Honorable Ann C. O’Reilly is still in effect and the current docket number is listed above.
• 11-0320-22965 Common Cause Minnesota v. Republican Party of Minnesota, Tony Sutton, Ron Huettl, Count Them All Properly, Inc., Mary Igo, Tom Datwyler, Fred Meyer and Dan Puhl
  
  April 16, 2013 - That Respondent CTAP pay a civil penalty of $600 by July 15, 2013, for violating Minn. Stat. § 211B.15, subd. 2. That Respondent Dan Puhl pay a civil penalty of $600 by July 15, 2013, for violating Minn. Stat. § 211B.15, subd. 2, in his role as incorporator, officer and CTAP board member pursuant to Minn. Stat. § 211B.15, subd. 6. That Respondents Mary Igo, Tom Datwyler, and Fred Meyer are reprimanded for violating Minn. Stat. § 211B.15, subd. 2, in their roles as officers and board members of CTAP pursuant to Minn. Stat. § 211B.15, subd. 6. That the Complainant’s allegations that Respondents RPM, Tony Sutton, and Ron Huettl violated Minn. Stat. § 211B.15, subd. 13, by aiding and abetting CTAP’s violation of Minn. Stat. § 211B.15, subd. 2, are DISMISSED. That the Complainant’s allegation that Respondent Tony Sutton violated Minn. Stat. § 211B.15, subd. 6, by acting as an agent on behalf of CTAP and directing CTAP to violate Minn. Stat. § 211B.15, subd. 2, is DISMISSED
• 60-2002-30171 In the Matter of the Proposed Amendment to and Repeal of Rules Governing Minnesota’s List of Endangered, Threatened, and Special Concern Species in, Minnesota Rules Chapter 6134
  
  April 16, 2013 - IT IS HEREBY RECOMMENDED that the proposed amended rules be adopted.
• 67-1005-32059 In the Matter of Real Estate Broker License of Charles Ogiaga Sado and Real Estate Company License of Crystal Realty, LLC
  
  April 16, 2013 - Respondents’ Motion to Dismiss is DENIED.
• 2-1004-23080 In the Matter of the Resident Agency License of Northwest Title Agency, Inc.; the Resident Insurance Producer’s License of Wayne B. Holstad; the Notary Commission of Wayne B. Holstad; and Northwest Abstract Company
  
  April 16, 2013 - As the sole designated individual producer acting on behalf of NWTA, is Respondent Holstad responsible for all of Respondents’ violations? Did Respondents improperly transfer and/or misappropriate funds from the NWTA escrow account? Did Respondents improperly transfer, misappropriate, and/or convert funds from the escrow account and, therefore, commit fraudulent and deceptive acts?