Opinions Archive

 2013

• 49-1800-21507 In the Matter of the SIRS Appeal of Healthworks Home Medical Inc./Healthworks PCA, Inc.
  
  June 03, 2013 - Whether DHS is entitled to recover MHCP payments totaling $135,214.27 made to Healthworks for claims for personal care assistant (PCA) services and qualified professional supervision of PCA services from July 1, 2006 through January 31, 2007.
• 8-1902-30165 In the Matter of the Administrative Order Issued to Mackjack Construction, LLC and Michael C. Weaver, Individually
  
  May 30, 2013 - The Administrative Law Judge concludes that the Respondents held themselves out as a licensed residential remodeler and roofer, notwithstanding the fact that neither Mr. Weaver nor Mackjack Construction had the required licensure. These methods were deceptive, dishonest and contrary to the public interest.
• 8-1006-30447 In the Matter of the Proposed Rules of the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design, Minnesota Rules Chapters 1800 and 1805
  
  May 29, 2013 - The findings of the Administrative Law Judge in the May 24, 2013 Order on Review of Rules under Minn. Stat. § 14.26 regarding the disapproval of the rules are approved. The reasons for the disapproval of the rules and the changes recommended to correct the defects found are as set forth in the attached Order.
• 67-1800-30532 In the Matter of the Denial of the Application by Elizabeth Buzzard for a Family Child Care License
  
  May 28, 2013 - The Administrative Law Judge concludes that the Applicant’s license application should be denied under Minn. Stat. § 245A.05.
• 8-2200-30670 In the Matter of the MPCA Amendments to Permanent Rules Governing Financial Assistance for Municipal Projects Treating Wastewater or Stormwater, Minnesota Rules Chapter 7707
  
  May 24, 2013 - The Additional Notice Plan is approved contingent upon the Agency’s sending a paper or electronic copy of the Rulemaking Notice to the persons and entities listed in its additional submission of May 22, 2013.
• 11-0330-22899 In the Matter of the Petition for the Detachment of Certain Lands from the City of Florence pursuant to Minnesota Statutes Chapter 414
  
  May 08, 2013 - The Administrative Law Judge concludes that the Petition for Detachment should be granted.
• 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, Minnesota Rules, Parts 3100.1130, 3100.1700, 3100.1750, 3100.1850, 3100.0600, 3100.5100, 3100.5300, 3100.7000, 3100.8400, 3100.8500, and 3100
  
  May 07, 2013 - The Board has the statutory authority to adopt the rules. The rules were adopted in compliance with all procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400. Minn. R. 3100.1130, Subpart 1, Item A and Minn. R. 3100.1130, Subpart 3, Item H are APPROVED. All other parts of the rules were approved for legality under the terms of the April 5, 2013 Order.
• 68-1004-30526 In the Matter of the Application of Michael Lauen for an Insurance Producer’s License
  
  May 06, 2013 - The Administrative Law Judge concludes that the record demonstrates that Mr. Lauen has been convicted of a crime involving moral turpitude. In addition, Mr. Lauen has failed to meet his burden to show the license should be granted. Therefore, the Administrative Law Judge respectfully recommends that the Commissioner of the Department of Commerce AFFIRM the denial of Michael Lauen’s application for an insurance producer’s license.
• 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.