June 09, 2014 - IT IS HEREBY RECOMMENDED THAT:
1. Barthelemy’s Motion for Summary Disposition be DENIED.
2. Mendez’ Motion for Summary Disposition be GRANTED.
3. The Commissioner’s Motion for Summary Disposition be GRANTED.
June 05, 2014 - IT IS HEREBY DETERMINED THAT:
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.
IT IS HEREBY ORDERED:
The adopted rules are APPROVED.
June 02, 2014 - 1. All deadlines for Dispositive Motions are CANCELLED.
2. Oral argument scheduled for July 8, 2014 at 9:30 a.m. at the Office of Administrative Hearings is CANCELLED.
The Administrative Law Judge RECOMMENDS that the Board of Teaching DISMISS this matter without prejudice.
May 30, 2014 - The Panel concludes that the Complainants have established that the School District acted to “promote” the ballot question at issue and expended more than $750 in disbursements, as defined by law. The Panel further concludes that the Complainants have established that the School District violated Minn. Stat. § 211A.02 by failing to file certain campaign finance reports, but that the Complainants failed to establish that the School District violated Minn. Stat. §§ 211A.03, 211A.05 or 211A.06.
May 30, 2014 - 1. The Complaint filed by the North Dakota Pipeline Company against the Minnesota Public Utilities Commission is DISMISSED.
2. Because the costs of the Office of Administrative Hearings in connection with this matter exceed the amount of the filing fee, NPDC is not entitled to a refund of the filing fee under Minn. Stat. § 13.085, subd. 6(d).
3. Because the Complaint has not been shown to have been frivolous in nature or to have been brought for the purposes of harassment, the Minnesota Public Utilities Commission is not entitled to recover reasonable attorneys fees under Minn. Stat. § 13.085, subd. 6(e).
May 28, 2014 - Because the Department properly concluded that it is more likely than not that Ms. Green committed the crime of Assault in the First Degree, the Department’s disqualification of Ms. Green should be affirmed. The Commissioner is without discretion to grant a child foster care license to someone who has committed this crime.
Ms. Green’s victimization, at other times, by the man that she shot on April 9, 1977, is not a statutory factor for any of the assault crimes listed in Chapter 609 – including Assault in the Third Degree and Assault in the Fifth Degree.
May 27, 2014 - Whether Dr. Rogers is exercising sufficient possession and control of the study bears such that he is required to obtain and maintain a permit under Minn. Stat. § 97A.401, subd. 3(a); and
If a permit is required, whether the Department had sufficient cause to refuse to renew Dr. Rogers’ permit effective July 31, 2013.
May 23, 2014 - The ALJ concludes that Odell has satisfied the applicable legal requirements and, accordingly, recommends that the Commission grant a site permit for the Project, subject to the conditions discussed below.
May 23, 2014 - The City of St. Paul violated the Petitioner’s rights under Minn. Stat. § 197.455, subd. 5 when it failed to add 15 points to the Petitioner’s passing examination score for the position of Park and Recreation Program Supervisor based on his status as a disabled veteran.