1-0100-12263-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE BOARD OF ACCOUNTANCY

 

In the Matter of Randall Landrus, L.P.A. License No. 1222

FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION

            The above-entitled matter came on for a prehearing conference before Administrative Law Judge (ALJ) George A. Beck  at 4:00 p.m. on June 24, 1999, at 125 Golden Rule Building, 85 East Seventh Place, St. Paul, Minnesota 55101.

Thesesa Meinholz Gray, Assistant Attorney General, Health & Licensing Section, 525 Park Street, Suite 500, St. Paul, Minnesota 55103-2106, appeared on behalf of the Board of Accountancy (“the Board”).  There was no appearance by or on behalf of Randall Landrus, the Respondent.

NOTICE

This Report is a recommendation, not a final decision.  The Board will make a final decision after a review of the record.  The Board may adopt, reject, or modify the Findings of Fact, Conclusions, and Recommendations contained herein.  Pursuant to Minn. Stat. § 14.61, the final decision of the Board shall not be made until this Report has been made available to the parties to the proceeding for at least ten days.  An opportunity must be afforded to each party adversely affected by this Report to file exceptions and to present argument to the Board.  Parties should contact Dennis J. Poppenhagen, Executive Secretary, Minnesota Board of Accountancy, 125 Golden Rule Building, 85 East Seventh Place, St. Paul, Minnesota, 55101, telephone (612) 296-7937, to ascertain the procedure for filing exceptions or presenting argument.

 

STATEMENT OF ISSUES

The issues in this contested case proceeding are whether Respondent failed to complete continuing professional education classes as ordered and whether he failed to appear at a conference as ordered and whether Respondent’s conduct constitutes grounds for justifying the Board to condition, limit, suspend or revoke Respondent’s certificate and license.

Based upon all of the proceedings herein, the Administrative Law Judge makes the following:

 

            FINDINGS OF FACT

1.            The Notice of and Order for Prehearing Conference and Hearing in this matter was served upon the Respondent, Randall Landrus, by first class mail at 136 Gill Street, Hill City, Minnesota 55748 on May 24, 1999.

2.            The Notice of and Order for Prehearing Conference and Hearing mailed to the Respondent included the following notice after the sentence notifying Respondent of the time and location of the Prehearing Conference:

Respondent is hereby urged to attend.  Respondent’s failure to do so may prejudice his rights in this and any subsequent proceeding in this matter, may result in the allegations herein being taken as true, and may be the basis for the revocation, restriction, suspension or other disciplinary action against Respondent’s license.

3.            The Respondent did not file any Notice of Appearance with the Administrative Law Judge or make any prehearing request for a continuance or any other relief.  The Respondent did not appear at the prehearing conference scheduled for May 24, 1999, or have an appearance made on his behalf.

4.            Because the Respondent failed to appear at the prehearing conference in this matter, he is in default.  Pursuant to Minn. R. 1400.6000 (1997), the allegations contained in the Notice of and Order for Prehearing conference and Hearing are hereby taken as true and incorporated into these Findings of Fact.

Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:

CONCLUSIONS

1.            The Board and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § § 14.50, 214.10, and 326.165 to 326.229 (1998).

2.            The Board has given proper notice of the hearing in this matter and has fulfilled all relevant substantive and procedural requirements of law and rule.

3.            The conduct described in the Notice of and Order for Prehearing conference and Hearing constitutes violation of Minn. Stat. § 326.229, subd. 4(a)(1)(1998).

            Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:

 

RECOMMENDATION

IT IS HEREBY RECOMMENDED: that disciplinary action be taken against the public accountant certificate and license of Randall Landrus.

 

Dated this

16th

day of

July

1999.

 

                                                                             

GEORGE A. BECK

Administrative Law Judge

 

NOTICE 

 

            Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge  by first class mail.

 

 

Reported:  Default.