Opinions Archive

 2013

• 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?
• 16-2500-20849 In the Matter of Digital Telecommunications Inc. Complaint against Qwest Corporation
  
  April 12, 2013 - The Administrative Law Judge recommends that the Commission order the repayment of those amounts overpaid by DTI to Qwest for PRI/DSS elements purchased after August 20, 2006, those overpayments being the amounts by which DTI’s payments exceeded the three-year wholesale rate less the discount for those elements as set out in the applicable Commission-approved tariff. The Administrative Law Judge further recommends that the Commission order a compliance filing to determine the amount of those overpayments and require that the filing be made within 90 days of the Commission’s decision in this case.
• 65-1901-23109 Ken B. Peterson, Commissioner, Department of Labor and Industry v. Gateway Building Systems, Inc.
  
  April 12, 2013 - This proceeding arises out of one Citation issued to Respondent on April 30, 2012, by the Minnesota Occupational Safety and Health Administration (MNOSHA). The Citation consisted of two separate violations: Item 001(violation of 29 C.F.R. § 1910.178) and Item 002 (violation of Minn. R. 5207.110). Prior to the hearing, the Department stipulated to the dismissal of Item 001. Accordingly, the only remaining issue subject to Respondent’s Motion for Summary Disposition is Item 002 of the Citation.
• 8-0900-30570 In the Matter of the Proposed Rules of the Department of Health Governing School and Child Care Immunizations
  
  April 10, 2013 - This matter has been re-assigned to the Honorable Eric L. Lipman. The Additional Notice Plan is APPROVED. The Dual Notice is APPROVED, provided that the Notice is modified reflect both the reassignment to Judge Lipman and his telephone number, (651) 361-7842.
• 8-2001-23058 In the Matter of the Proposed Rules of the Department of Natural Resources Relating to Aquatic Regulation
  
  April 10, 2013 - The adopted rules are APPROVED.
• 68-0902-30135 In the Matter of the Adopted Rules of the Minnesota Board of Dentistry Relating to Limited General Dentists, Dentists, Dental Therapists, Dental Hygienists, and Licensed Dental Assistants
  
  April 08, 2013 - The following rules or parts thereof are not approved: Minn. R. 3100.1130, Subpart 1, Item A; and Minn. R. 3100.1130, Subpart 3, Item H. All other rules or parts thereof are approved. Pursuant to Minn. Stat. § 14.26, subd. 3(b), and Minn. R. 1400.2300, subp. 6, the rules will be submitted to the Chief Administrative Law Judge for review.
• 11-0900-20850 In the Matter of the Proposed Rules of the Department of Health Governing Air Quality in Enclosed Sports Arenas, Minnesota Rules Chapter 4620, Parts 3900 to 5950
  
  April 05, 2013 - IT IS HEREBY ORDERED: that the proposed rules, as modified and approved by the Revisor on March 25, 2013 (AR 4006), are approved as to legality.
• 8-0325-30140 Minnesota Voters Alliance and Donald Huizenga v. Anoka Hennepin School District
  
  April 01, 2013 - The School District’s Motion for Summary Disposition is GRANTED. The Cross Motion for Summary Disposition filed by Minnesota Voters Alliance and Donald Huizenga is DENIED. The Complaint is DISMISSED.