August 28, 2015 - 1. The Complaint filed by Common Cause Minnesota is DISMISSED WITHOUT PREJUDICE to refiling.
2. The Complainant may file a subsequent Complaint, properly identifying the section(s) of chapters 211A or 211B (2014) that it believes Respondents violated, without paying an additional filing fee.
August 27, 2015 - IT IS HEREBY DETERMINED THAT:
1. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14 (2014), and Minnesota Rules, Chapter 1400 (2015).
2. Minn. Stat. § 176.135, subd. 7(c) (2014) grants the Department the statutory authority to adopt the proposed rules using the exempt rulemaking process.
IT IS HEREBY ORDERED THAT:
The adopted rules are APPROVED.
August 25, 2015 - The Administrative Law Judge concludes that Appellant was properly issued a citation with a mandatory penalty of $100 for transporting his boat with the drain plug in place and recommends that the Commissioner affirm the citation.
August 21, 2015 - Upon receipt and review of the supplemented record, the Chief Administrative Law Judge will issue an order either approving or disapproving the subject Ordinance pursuant to Minn. Stat. § 414.033.
August 20, 2015 - The Administrative Law Judge concludes that Rice Lake Township has established the relevant factors by a preponderance of the evidence and therefore Rice Lake Township’s petition for incorporation is granted.
August 19, 2015 - The Administrative Law Judge concludes that Mr. Cole did transport a watercraft without removing the drain plug, in violation of Minn. Stat. § 84D.13, but recommends that the Commissioner of the Department of Natural Resources CANCEL THE CITATION and instead ISSUE A WARNING.
August 19, 2015 - 1) The F323 deficiency is supported by the facts and should be affirmed, but the severity level 4 (immediate jeopardy) is not supported by the facts and should be reduced to severity level 2 (no actual harm with potential for more than minimal harm that is not immediate jeopardy).
2) The F490 deficiency is supported by the facts and should be affirmed, but the scope of “widespread” is not supported by the facts and should be changed to “pattern.”
August 17, 2015 - 1. The rules were adopted in compliance with the procedural requirements ofMinnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400 (2014).
2. According to Minn. Stat. § 176.136, subd. 1a (2014), the Department hasthe statutory authority to adopt these proposed rules using the exempt rulemaking process.
3. The adopted rules are APPROVED.
August 10, 2015 - 1. The Department properly revoked the Class F license and properly refused to renew Unity’s Class A license pursuant to Minn. Stat. § 144A.461, subd. 3 for its failure to comply with Minnesota law and rules. The Administrative Law Judge respectfully recommends that these decisions be AFFIRMED.
2. The Department properly imposed conditions on Unity’s home care licenses in October 2011, pursuant to Minn. Stat. § 144A.46, subd. 3. The Administrative Law Judge respectfully recommends that this decision be AFFIRMED.
3. The Department properly imposed fines in connection with a June 2013 survey that found Unity repeatedly violated Minn. Stat. § 144A.44, subd. 1(2); Minn. R. 4668.0810, subp. 6, .0815, subp. 2. The Administrative Law Judge respectfully recommends that this decision be AFFIRMED.
August 07, 2015 - 1. Prestige’s Motion for Summary Disposition is DENIED;
2. The Department’s Motion for Summary Disposition is GRANTED; and
3. The Department has the legal authority to impose civil penalties on Prestige pursuant to Minn. Stat. § 45.027, subd. 6 (2014).
August 04, 2015 - After reviewing the complaint and attached exhibits, the undersigned Administrative Law Judge has determined that the complaint sets forth prima facie violations of Minn. Stat. § 211A.02.