December 09, 2013 - 1. Hennepin County’s Motion for Summary Disposition is DENIED.
2. Schubert is eligible for relocation assistance and other benefits pursuant to the Minnesota Uniform Relocation Act.
3. Hennepin County shall provide Schubert with relocation assistance and other benefits as provided for by the Minnesota Uniform Relocation Act.
December 05, 2013 - 1. The Licensee’s Motion to Stay the Hearing is GRANTED. The Order for Hearing is stayed and all related proceedings in this matter are stayed until the Court of Appeals issues its decision in the Appeal of the Department’s Temporary Immediate Suspension (Case No. A13-1259).
2. Attorneys for the parties shall notify Administrative Law Judge Barbara J. Case when the Court of Appeals issues its decision on Licensee’s Appeal of the Temporary Immediate Suspension (T.I.S.).
3. The Licensee’s Motion for Attorney’s Fees is DENIED for the reasons set forth in the memorandum below.
November 26, 2013 - 1. The Motion to Dismiss, which is in the nature of a Motion for Summary Disposition is GRANTED, and no further hearing will be held in this matter.
2. The Risk Level determination by the ECRC is AFFIRMED and Petitioner remains assigned to Risk Level 2.
3. Petitioner’s appeal is DISMISSED.
November 26, 2013 - 1. The Department’s Motion to Compel Discovery is hereby by GRANTED.
2. The Respondent shall respond to the Department’s Requests for Admissions, Interrogatories, and Requests for Production of Documents by 4:30 p.m. on December 10, 2013. To the extent that a particular discovery request seeks information that is subject to the attorney-client privilege or other privilege recognized by law, the Respondent may state an objection to the request on that basis.
3. Failure to respond to the Department’s discovery requests by 4:30 p.m. on December 10, 2013 may result in a further order as provided in Minn. R. 1400.6700, subp. 3.
November 22, 2013 - 1. The proposed rules were adopted in compliance with the procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400.
2. The Board has the statutory authority to adopt these proposed rules using the expedited rulemaking process under Minn. Stat. §§ 326B.435, subd. 2(a)(6), and 326B.437(d).
3. The proposed rules are APPROVED.
November 22, 2013 - The Board’s determination supersedes the authority of the local building official to require an engineered design. However, the Board should specify with particularity what the City building official is required to do upon final inspection of the ledger board attachment, and that he then be directed to approve the project if the contractor has done what the Board directed the contractor to do. In the alternative, the Board may consider other options such as approving code compliance now that the GRK screws have been installed. There needs to be additional specificity in the Board order.