15-0320-16010-CV

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

William Bram,

                                             Complainant,

vs.

 

Debra Hilstrom and Debra Hilstrom Volunteer Committee,

                                             Respondent.

 

 

ORDER FOR DISMISSAL

A prehearing conference was held in the above-entitled matter before presiding Administrative Law Judge George Beck at the Office of Administrative Hearings on July 23, 2004, at 1:30 p.m.  The prehearing conference was based on a complaint filed by William Bram on July 1, 2004, alleging a violation by the Respondent of Minn. Stat. § 211B.04, governing disclaimers on campaign literature. 

William Bram, (“Complainant”), 5207 Eleanor Lane, Brooklyn Center, MN 55429, appeared on his own behalf.  Alan Weinblatt, Attorney at Law, Weinblatt & Gaylord, PLC, Suite 300 Kellogg Square, 111 East Kellogg Boulevard, St. Paul, MN 55101, appeared on behalf of State Representative, Debra Hilstrom (“Respondent”).

The complaint filed by Mr. Bram alleges that, on or about June 12, 2004, the Respondent distributed “campaign literature” that lacked the required disclaimer. 

The Office of Administrative Hearings has jurisdiction to hear all complaints alleging violations of Chapters 211A and 211B that occurred on or after July 1, 2004.  Specifically, Section 14 of the enabling legislation, Minn. Laws 2004, Ch. 277, provides as follows:

“This Act is effective July 1, 2004, and applies to violations committed on or after that date.”

Because the complaint alleges violations committed before July 1, 2004, the Office of Administrative Hearings does not have jurisdiction to hear this matter. 

Based upon the file, record, and submissions of the parties, the undersigned Administrative Law Judges make the following:

ORDER

IT IS HEREBY ORDERED:

1.              That, because the Office of Administrative Hearings lacks jurisdiction in this matter, the Complaint is DISMISSED.

2.              The hearing set for August 4, 2004 is cancelled.

 

 

Dated July 26, 2004

 

 

                    /s/ George A. Beck_____

                    GEORGE A. BECK

                    Administrative Law Judge

                   

 

                    /s/ Bruce H. Johnson____

                    BRUCE H. JOHNSON

                    Administrative Law Judge

 

                    /s/ Barbara L. Neilson____

                    BARBARA L. NEILSON

                    Administrative Law Judge