July 14, 2014 - 1. The Department has the statutory authority to adopt the rules.
2. The rules were adopted in compliance with the procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400.
3. The record demonstrates the rules are needed and reasonable.
4. The rules are APPROVED.
July 09, 2014 - The ALJ concludes that Peterson was properly issued a citation with a mandatory penalty of $100 for transporting his boat with the drain plug in place and recommends that the Commissioner affirm the Citation.
July 09, 2014 - 1. The Department has the statutory authority to adopt the rules.
2. The rules were adopted in compliance with all procedural requirements of Minnesota Statutes, Chapter 14, and Minnesota Rules, Chapter 1400.
3. The Department has followed the procedures in Minn. R. 1400.2110 for adopting rules that are substantially different than those originally proposed.
4. Rule parts 3310.2914, subpart 2; 3310.2915; 3310.2916; and 3310.2917, subpart 1 are APPROVED. All other parts of the rule were approved for legality under the terms of the May 5, 2014, Order.
July 08, 2014 - The Administrative Law Judge concludes the Department did not have reasonable cause to impose a fine against Mary and Kelly Leuca for corporal punishment of a child. The Leucas proved by a preponderance of the evidence under Minn. R. 9502.0395, subp. 2 that neither provider inflicted or intended to inflict physical pain upon a child.
The Administrative Law Judge further concludes that the Department demonstrated reasonable cause to believe that the nature, severity and chronicity of the Leucas’ failure to comply with applicable licensing laws and rules are adequate to support the imposition of a conditional license.
July 02, 2014 - Complainant’s Request for Reconsideration by Chief Administrative Law Judge of a Scheduling Order is DENIED as moot given the filing of the Amended Prehearing Order. The parties are directed to address future scheduling questions or concerns to Administrative Law Judge Steve Mihalchick in accordance with the processes, procedures and authorities of the Office of Administrative Hearings.