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12-0320-17052-CV |
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
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Douglas C. Jones, Complainant, vs.
David Bly, Respondent. |
ORDER OF DISMISSAL |
On January 9, 2006, Douglas Jones filed a Complaint with the Office of Administrative Hearings alleging David Bly violated Minn. Stat. § 211B.13 by serving pie and ice cream at events while campaigning in 2004 for State Representative in District 25B. According to the Complaint, the campaign events at which the Respondent allegedly served pie and ice cream occurred on June 23, 2004, June 25, 2004, June 30, 2004, July 10, 2004, and July 21, 2004.
The Chief Administrative Law Judge assigned this matter to the undersigned Administrative Law Judge on January 9, 2006, pursuant to Minn. Stat. § 211B.33. A copy of the Complaint was sent by United States mail to the Respondent on January 9, 2006.
After reviewing the Complaint, the Administrative Law Judge finds that the Complaint was not filed within one year of the events, as required by Minn. Stat. § 211B.32, subd. 2. In addition, the Complaint alleges violations committed before July 1, 2004. The Office of Administrative Hearings has jurisdiction to hear only those complaints alleging violations of Chapters 211A and 211B that occurred on or after July 1, 2004.[1] Therefore, because the allegations in the Complaint are beyond the statute of limitations and because the Complaint alleges violations committed before July 1, 2004, the Complaint must be dismissed.
Based upon the Complaint and the supporting filings and for the reasons set out above,
IT IS ORDERED:
That the Complaint filed by Douglas Jones against David Bly is DISMISSED.
Dated: January 10, 2006
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/s/ Steve M. Mihalchick |
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STEVE M. MIHALCHICK |
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Administrative Law Judge |
Under Minn. Stat. § 211B.36, subd. 5 this order is the final decision in this matter and a party aggrieved by this decision may seek judicial review as provided in Minn. Stat. § § 14.63 to 14.69.