August 06, 2013 - The Administrative Law Judge concludes that Petitioner failed to establish by a preponderance of the evidence that the ECRC erred in assigning Petitioner a Risk Level 3. Therefore, the ECRC risk level determination is AFFIRMED.
August 02, 2013 - Respondents’ Motion to Dismiss is DENIED.
Complainants’ Motion for Summary Disposition is DENIED.
This matter will proceed to an evidentiary hearing to be scheduled by separate order.
August 02, 2013 - The agency has the statutory authority to adopt the rules.
The rules as modified are not substantially different than the proposed rules.
The rules were adopted in compliance with all procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400.
Minn. R. 6238.1200, Subpart 8, Minn. R. 6238.1250 Subpart 1(C) and Minn. R. 6238.1350(E)(1), as modified, are APPROVED. All other parts of the rules were approved for legality under the terms of the July 18, 2013 Order.
August 02, 2013 - The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400.
The rules are APPROVED.
The DNR should consider making the technical changes set forth in the attached memorandum.
August 02, 2013 - The issue presented in this matter is whether Mr. Bedell was properly issued a civil citation under Minn. Stat. § 84D.13 on May 7, 2013, for transporting zebra mussels. The Administrative Law Judge concludes that Mr. Bedell committed the violation as alleged, and recommends that the Commissioner affirm the Citation.