January 15, 2014 - The Administrative Law Judge concludes that Minnesota’s surcharge on net patient revenues is not a “tax, fee, or other monetary payment” that is imposed indirectly on insurance carriers operating under the FEHBA. For that reason, federal law does not preempt the imposition of surcharges on the net patient revenues of Minnesota hospitals.
January 10, 2014 - The Administrative Law Judge concludes that the “D” level deficiency issued under F-Tag 224, and the “G” level deficiency issued under F-Tag 323 are supported by the evidence and should be AFFIRMED.
January 09, 2014 - The Administrative Law Judge concludes that the Panel properly refused to renew Fiege’s EMT certification. Pursuant to Minn. Stat. § 144E.28. subd. 5(a)(3), (5), and (8), the Board may refuse to renew an EMT certification based upon a felony conviction, unethical conduct, and unprofessional conduct. The Panel established that Fiege engaged in unethical and unprofessional conduct that defrauded and harmed the public when he stole emergency services equipment during the course of his employment as a certified EMT. This conduct resulted in a felony Theft conviction for which Fiege is still on probation.
Because the felony Theft conviction provides sufficient basis for the Panel’s refusal to renew the certification, it is unnecessary to reach the issue of whether Fiege’s subsequent conviction for misdemeanor Careless Driving serves as an independent basis for the disciplinary action.
It is, therefore, respectfully recommended that the Board AFFIRM the Panel’s decision to deny the renewal of Fiege’s EMT certification.
January 08, 2014 - 1. The Department’s Motion in Limine is GRANTED. The Respondent will not be permitted to offer expert testimony at the evidentiary hearing scheduled to commence on January 29, 2014 in Brainerd, Minnesota.
2. The Department’s Motion for Sanctions is GRANTED. The Department’s Requests for Admissions served on September 6, 2013 are deemed admitted. In addition, the Respondent will not be permitted to call any witnesses or introduce any evidence at the evidentiary hearing that would have been responsive to the Department’s Interrogatories and Request for Production of Documents served on September 6, 2013.
3. A status conference will be held on Thursday, January 23, 2014 at 9:30 a.m. via telephone conference. The parties shall call 1-888-742-5095 and dial conference code 544-169-9282# at that time. At the status conference, Counsel for the Respondent shall confirm that he has provided a copy of this Order and the prior orders issued in this matter to his client, and shall be prepared to discuss whether his client plans to proceed with his appeal of the Licensing Order with Penalty dated April 11, 2013.
4. All pre-filing deadlines in the First Prehearing Order remain in effect.
January 07, 2014 - The Administrative Law Judge concludes that based on the facts set forth in the Licensing Order, the Respondents: (1) violated Minn. Stat. § 326.082, subd. 11(b)(1) (2012); (2) violated Minn. Stat. §§ 326B.082, subd. 11 (b)(9) and 326B.84 (15) (2012) by demonstrating themselves to be untrustworthy, financially irresponsible or otherwise incompetent or unqualified to act under a license issued by the Commissioner; (3) engaged in an act or practice that resulted in compensation to an aggrieved owner or lessee from the Contractor Recovery Fund in violation of Minn. Stat. § 326B.84 (9) (2012); and (4) failed to provide written notification to the Commissioner upon being found to be a civil judgment debtor in violation of Minn. Stat. § 326B.805, subd. 5 (c) (2012). Thus, the Commissioner should require the Respondents to cease and desist from acting as, engaging in or performing the services of a residential building contractor, residential remodeler or residential roofer in the State of Minnesota.
January 06, 2014 - Based on the evidence in the hearing record, the Administrative Law Judge concludes that the Department has not demonstrated by a preponderance of the evidence that S.G.O. Roofing and Construction LLC failed to comply with the fall protection requirements of 29 C.F.R. 1926.501(b)(10).
January 03, 2014 - The Administrative Law Judge concludes that Mr. Vague committed a violation of Minn. Stat. § 84D.10, subd. 4(b), and that a civil penalty of $100 is an applicable penalty under Minn. Stat. § 84D.13, subd. 5(a)(6). Therefore, the Administrative Law Judge respectfully recommends that the Commissioner AFFIRM the citation and fine.
January 03, 2014 - The Administrative Law Judge concludes that Mr. Tombers committed a violation of Minn. Stat. § 84D.13. Therefore, the Administrative Law Judge respectfully recommends that the Commissioner AFFIRM the citation and fine.
January 03, 2014 - The Applicant demonstrated by a preponderance of the evidence that he is entitled to duty disability benefits. The Applicant’s knee injury, which is the primary cause of his disability, occurred during the performance of inherently dangerous duties which were part of his job as a security counselor at the Minnesota Sex Offender Program (MSOP).