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.
June 25, 2014 - This matter came before the Chief Administrative Law Judge pursuant to the provisions of Minn. Stat. § 14.15, subd. 3. Based upon a review of the record in this proceeding, the Chief Administrative Law Judge hereby approves in all respects the findings in the Report of the Administrative Law Judge dated June 16, 2014.
June 18, 2014 - 1. Until such time as the Board is permitted by statute or rule to exclude CPR coursework by entities other than the American Heart Association or the American Red Cross, the Board may not limit the accreditation of CPR certificates to courses from the American Heart Association and the American Red Cross.
2. The Board shall publish this decision in the State Register.
3. The Board shall bear the costs associated with this proceeding.
June 17, 2014 - IT IS HEREBY RESPECTFULLY RECOMMENDED that the St. Paul City Council impose a $500.00 penalty against Donald Buckrey’s license #20100001573 as a second hand motor dealer and auto repair garage.
June 17, 2014 - Based on the record in this matter, the Administrative Law Judge concludes that the Department has failed to demonstrate that Respondent violated the fall standard set forth in 29 C.F.R. § 1926.501(b)(1). Respondent’s employees were actively performing “leading edge” work at the time of the Department’s inspection and, as a result, Respondent was not required to provide fall protection under that standard. Accordingly, the citation issued to Respondent must be vacated.
June 17, 2014 - The Administrative Law Judge concludes that Respondent is in default and recommends that the allegations in the Notice and Order for Prehearing Conference and Hearing be accepted as true and deemed proven.