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12-0320-16254-CV |
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
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Complainant, vs.
Joyce Peppin, Gregg Peppin, Katie Nadeau, and the Joyce Peppin Volunteer Committee, Respondents. |
NOTICE OF AND ORDER FOR EVIDENTIARY HEARING |
TO: Matthew P. Franzese, Leuthner Law Office, 1311 Broadway, Suite 2, P.O. Box 637, Alexandria, MN 56308, and Matthew W. Haapoja, Trimble & Associates, Ltd., 10201 Wayzata Blvd., Suite 130, Minneapolis, MN 55305.
On October 29, 2004, a complaint was filed with the Office of Administrative Hearings alleging a violation of Minn. Stat. chapter 211A or 211B. On November 1, 2004, an Administrative Law Judge determined that the complaint set forth prima facie violations of Minn. Stat. § 211B.06 and § 211B.07. By Order dated November 12, 2004, the Judge found that there is probable cause to believe that Katie Nadeau and the Joyce Peppin Volunteer Committee violated Minn. Stat. § 211B.06. The Judge further found that there is not probable cause to believe that Joyce Peppin or Gregg Peppin violated Minn. Stat. § 211B.07. The Complaint as to Joyce Peppin and Gregg Peppin was dismissed.
THEREFORE, NOTICE IS HEREBY GIVEN that this matter has been assigned to a panel of three Administrative Law Judges for an evidentiary hearing. The assigned Administrative Law Judges are: George Beck (presiding judge), Barbara Neilson, and James Cannon. The address of the Administrative Law Judges is 100 Washington Square, Suite 1700, 100 Washington Avenue South, Minneapolis, MN 55401-2138. The Administrative Law Judges may be reached at telephone number 612-341-7600 and the Office’s fax number is 612-349-2665.
IT IS FURTHER ORDERED AND NOTICE IS HEREBY GIVEN that this matter is scheduled for an evidentiary hearing to be held on November 30, 2004, at 9:30 a.m. at the Office of Administrative Hearings. The parties shall exchange copies of all exhibits they intend to offer at the hearing by 9:00 a.m. on Monday, November 29, 2004. The parties shall provide three copies of their witness and exhibit lists to Presiding Judge George Beck by 9:00 a.m. on November 29, 2004.
The hearing has been ordered pursuant to the authority granted to the Chief Administrative Law Judge by Minn. Stat. § 211B.35, subd. 1. The hearing will be conducted pursuant to Minn. Stat. §§ 211B.35 and 211B.36. Information about the evidentiary hearingand copies of state statutes may be obtained online at www.oah.state.mn.us and www.revisor.leg.state.mn.us. The Office of Administrative Hearings conducts proceedings in accordance with the Minnesota Rules of Professional Conduct and the Professionalism Aspirations adopted by the Minnesota Supreme Court.
At the evidentiary 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 Judges. The panel may consider any evidence and argument submitted until the hearing record is closed. The panel may continue a hearing to enable the parties to submit additional testimony. All hearings must be open to the public.
At any time before an evidentiary hearing begins, a complainant may withdraw a complaint. After the evidentiary hearing begins, however, a complaint filed may only be withdrawn with the permission of the panel.
If the panel determines the complaint is frivolous, it may order the complainant to pay the respondent’s reasonable attorney fees and to pay the costs of the office in the proceeding in which the complaint was dismissed.
The burden of proving the allegations in the complaint is on the complainant. The standard of proof of a violation of section 211B.06, relating to false statements in paid political advertising or campaign material, is clear and convincing evidence. The standard of proof of any other violation of chapter 211A or 211B is a preponderance of the evidence.
At the conclusion of the evidentiary hearing, the panel must determine whether the violation alleged in the complaint occurred and must make at least one of the following dispositions:
(1) The panel may dismiss the complaint.
(2) The panel may issue a reprimand.
(3) The panel may find that a statement made in a paid advertisement or campaign material violated section 211B.06.
(4) The panel may impose a civil penalty of up to $5,000 for any violation of chapter 211A or 211B.
(5) The panel may refer the complaint to the appropriate county attorney.
The panel must dispose of the complaint within three days after the hearing record closes, if an expedited probable cause hearing was required by section 211B.33; or within 14 days after the hearing record closes, if an expedited probable cause hearing was not required by section 211B.33.
A party aggrieved by a final decision on a complaint filed under section 211B.32 is entitled to judicial review of the decision as provided in Minn. Stat. §§ 14.63 to 14.69.
Dated November 18, 2004
S/________________________
RAYMOND R. KRAUSE
Chief Administrative Law Judge