12-0320-16153-CV

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

Jay Cyril Mastrud Complainant v.   Keith Ellison, Respondent

NOTICE OF DETERMINATION OF PRIMA FACIE VIOLATION AND NOTICE OF AND ORDER FOR PROBABLE CAUSE HEARING

TO:  Jay Cyril Mastrud, 1336 Russell Ave N, Minneapolis, MN 55411,  and Keith Ellison, 1629 Bryant Ave N, Minneapolis, MN 55411.

On September 13, 2004, Complainant filed a complaint with the Office of Administrative Hearings alleging two violations of Minn. Stat. Chap. 211B.04 by Respondent.  After reviewing the complaint and attached documents, the undersigned Administrative Law Judge has determined that the complaint sets forth prima facie violations of chapter 211B.04(a) and (b).  In particular, a prima facie case has been made that the www.keithellison.org web page is “campaign material” because its contains several references to campaign activities such as fundraisers and endorsements supporting Rep. Ellison’s re-election effort for the upcoming election.  It does not contain a disclaimer in the form required by the statute, although the Administrative Law Judge notes that the page’s html title, shown when the web page is printed, is “Welcome to the Committee to Elect Keith Ellison.”  The invitation to Rep. Ellison’s “Second Saturday” meetings is less clearly “campaign material,” but may be, depending upon facts such as the nature of the meetings and proximity to the election.  It does not contain a disclaimer.

THEREFORE, IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that this matter is scheduled for a probable cause hearing to be held before the undersigned Administrative Law Judge on Thursday, September 16, 2004 at 1:30 p.m. at the Office of Administrative Hearings, 100 Washington Square, Suite 1700, 100 Washington Ave. S, Minneapolis, MN.  If that date or time are inconvenient, or you wish to participate by telephone, please call Staff Attorney Maria Lindstrom at 612-349-2527 immediately.  The probable cause hearing will be conducted pursuant to Minn. Stat. § 211B.34.  Information about the probable cause proceedings and copies of state statutes may be obtained online at www.oah.state.mn.us and www.revisor.leg.state.mn.us.

At the probable cause hearing, all parties have the right to be represented by legal counsel, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law.  In addition, the parties have the right to submit evidence, affidavits, documentation and argument for consideration by the Administrative Law Judge.  Parties should bring with them all evidence bearing on the case with copies for the Administrative Law Judge and the opposing party.

At the conclusion of the probable cause hearing, the Administrative Law Judge will either:  (1) dismiss the complaint based on a determination that the complaint is frivolous, or that there is no probable cause to believe that the violation of law alleged in the complaint has occurred; or (2) determine that there is probable cause to believe that the violation of law alleged in the complaint has occurred and refer the case to the Chief Administrative Law Judge for the scheduling of an evidentiary hearing.  Evidentiary hearings are conducted pursuant to Minn. Stat. § 211B.35.  If the Administrative Law Judge dismisses the complaint, the complainant has the right to seek reconsideration of the decision on the record by the Chief Administrative Law Judge, under Minn. Stat. § 211B.34, subd. 3.

Any party who needs an accommodation for a disability in order to participate in this hearing process may request one.  Examples of reasonable accommodations include wheelchair accessibility, an interpreter, or Braille or large-print materials.  If any party requires an interpreter, the Administrative Law Judge must be promptly notified.  To arrange an accommodation, contact the Office of Administrative Hearings at 100 Washington Avenue South, Suite 1700, Minneapolis, MN 55401, or call 612-341-7610 (voice) or 612-341-7346 (TTY).

 

Dated: September 14, 2004

 

 

                                                                      s/Steve M. Mihalchick

                                                                      STEVE M. MIHALCHICK

                                                                      Administrative Law Judge