October 20, 2004

 

House Republican Campaign Committee Representative Jeff Johnson, Chairman 161 St. Anthony Avenue, Suite 950 Satin Paul, MN  55103

 

          RE:     Jay A. Brunner v. House Republican Campaign Committee

                    OAH Docket No. 3-0320-16229-CV

 

Dear House Republican Campaign Committee Chairman:

 

          The enclosed Complaint against the House Republican Campaign Committee (HRCC) was filed with this office on October 20, 2004.

 

          The matter has been assigned for review to Administrative Law Judge Kathleen D. Sheehy.  The ALJ is required to make a preliminary determination of whether the complaint constitutes a prima facie violation of chapter 211A or 211B within 1 to 3 business days.  “Prima facie” means that the facts alleged are sufficient to show a violation.

 

          If the ALJ determines that a prima facie violation has not been shown, the Complaint will be dismissed.  If a prima facie violation is demonstrated, the matter will be set for a hearing.  Only the paragraph marked with an “x” below applies to your case. 

 

x   This Complaint alleges a violation of Minn. Stat. § 211B.06, or includes a request for an expedited probable cause hearing.  If the administrative law judge determines that the complaint establishes a prima facie case, the law requires that the probable cause hearing must be conducted within three business days of the judge’s assignment to this matter, or up to seven days, for good cause shown.  Please complete the attached form and return it immediately.  We will notify you of the date of the probable cause hearing, if one is required.

 

   This Complaint alleges a violation of Minn. Stat. Chs. 211A or 211B.  If the administrative law judge determines that the complaint establishes a prima facie case, you may request an expedited probable cause hearing, but you must do so immediately,within three business days.  Please complete the attached form and return it immediately.  If you request an expedited probable cause hearing, it must be conducted within three business days of the request, or within seven days, for good cause shown.  If no expedited probable cause hearing is required, the probable cause hearing will be scheduled within 30 days of the judge’s assignment to this matter.  We will notify you of the date of the probable cause hearing, if one is required.

 

   This Complaint alleges a violation of Minn. Stat. Chs. 211A or 211B.  It was not filed within 60 days prior to the primary or special election, or within 90 days of the general election to which the complaint pertains.  If the administrative law judge determines that the complaint establishes a prima facie case, a prehearing conference and evidentiary hearing will be scheduled.  (Under Minn. Stat. § 211B.33, subd. 2(d), no probable cause hearing is required.)   We will notify you of the date of a prehearing conference, if one is required.  Please complete the attached form and return it immediately.

 

          The complaint process is described in Minn. Stat. §§ 211B.32 – .37 (2004) which can be found on the OAH website at www.oah.state.mn.us.  Questions can be directed to one of our staff attorneys at 612-349-2539 or 612-341-7666.  The Office of Administrative Hearings fax number is 612-349-2665.

 

                                                                      Sincerely,

                                                                      /s/ Raymond R. Krause

 

 

                                                                      RAYMOND R. KRAUSE

                                                                      Chief Administrative Law Judge

 

                                                                      Telephone: (612) 341-7600

RRK:acb

 

cc:      Jay A. Brunner