November 03, 2014 - After reviewing the complaint and attached exhibits, the undersigned Administrative Law Judge has determined that the complaint sets forth prima facie violations of Minn. Stat. §§ 211B.04, .13, but not of .08.
November 03, 2014 - After reviewing the complaint and attached exhibits, the undersigned Administrative Law Judge has determined that the Complaint sets forth a prima facie violation of Minn. Stat. § 211B.04. The complaint, however, fails to set forth a prima facie violation of Minn. Stat. § 211B.08.
November 03, 2014 - IT IS HEREBY ORDERED THAT:
1. There is probable cause to believe that Respondent violated Minn. Stat. § 211B.15, subd. 2, by contributing something of monetary value to candidates Christopher Burns and Julie Ohs when it allowed them to post their campaign signs on corporate property managed by Respondent.
2. This matter is referred to the Chief Administrative Law Judge for assignment to a panel of three Administrative Law Judges, pursuant to Minn. Stat. § 211B.35.
3. Should the parties decide that an evidentiary hearing is not necessary and that this matter may be submitted to the assigned panel of judges based on this Order, the record created at the probable cause hearing, the file, and final written argument, they must notify the undersigned Administrative Law Judge by 4:30 p.m. on Monday, November 10, 2014. If both Parties do not agree to waive their right to an evidentiary hearing, this matter will be scheduled for an evidentiary hearing in the near future.
October 27, 2014 - After reviewing the Complaint and attached exhibits, the undersigned Administrative Law Judge has determined that the Complaint sets forth prima facie violations of Minn. Stat. § 211B.15, subd. 2, but fails to set forth prima facie violations of Minn. Stat. § 211B.15, subds. 7b, 11 and 13.
October 23, 2014 - IT IS HEREBY ORDERED:
1. The Department’s Request for Continuance is DENIED.
2. The date for service and filings of witness lists and exhibits is extended as follows:
By 4:30 p.m. on November 7, 2014, the parties shall exchange and file with this Office their proposed pre-labeled exhibits, an index of the proposed exhibits, and their witness lists. See Minn. R. 1400.6950. The Company shall label its exhibits sequentially using numbers 1 through 199. The Department shall label their exhibits sequentially using numbers starting with 200. To the extent necessary, the parties may agree to a different numbering sequence to accommodate their exhibits.
The parties shall cooperate to avoid duplicating one another’s exhibits. All pages of exhibits shall be Bates stamped for identification.
To the extent possible, the parties shall enter into prehearing stipulations regarding the facts involved in the hearing and the foundation for anticipated exhibits. Any party objecting to the foundation for any written exhibit shall notify the offering party and the judge in writing at least two (2) working days prior to the hearing or the foundation objection is considered waived.
3. A hearing in this matter will be held at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota 55101. The hearing is scheduled for three consecutive days, beginning on November 17, 2014 at 9:30 a.m. and continuing as needed on November 18 and 19, 2014.
4. All other relevant provisions in the First Prehearing Order remain in effect.
October 23, 2014 - The Respondent failed to demonstrate that Section 211B.04 is unconstitutional as applied to the facts of this case. In addition, the Complainant established by a preponderance of the evidence that the Respondent failed to include a disclaimer on his campaign material substantially in the form required under Minn. Stat. § 211B.04(b). For this violation, the Panel concludes a civil penalty of $250 is appropriate.