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11-0320-17404-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Brian Melendez,
Complainant, vs. Ember Reichgott Junge, Respondent. |
NOTICE OF DETERMINATION OF PRIMA
FACIE VIOLATION AND NOTICE OF AND ORDER FOR PROBABLE CAUSE
HEARING |
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TO: Alan Weinblatt, Weinblatt & Gaylord PLC,
111 E. Kellogg Boulevard, Suite 300, St. Paul, MN 55101; and Ember Reichgott
Junge, 416 E. Hennepin Avenue, Suite 218, Minneapolis, MN 55413.
On July 17, 2006, Brian Melendez filed a Complaint with the Office of Administrative Hearings alleging the Respondent knowingly violated Minn. Stat. § 211B.02 by placing the initials “DFL” on her campaign billboards, campaign website, and email correspondence that falsely imply that she was endorsed by the DFL party. After reviewing the Complaint and attached documents, the undersigned Administrative Law Judge has determined that the complaint sets forth a prima facie violation of § 211B.02.
THEREFORE, IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that this matter is scheduled for a probable cause hearing to be held by telephone before the undersigned Administrative Law Judge at 9:30 a.m. on Thursday, July 20, 2006. The hearing will be held by call-in telephone conference. You must call: 1-888-390-0676 at that time. Follow the directions and enter the code “17404” when asked for the meeting number. 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 found 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 provide to the Administrative Law Judge all evidence bearing on the case, with copies to the opposing party, before the telephone conference takes place. Documents may be faxed to Judge Neilson at 612-349-2665.
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 pursuant to 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
Dated: July 18, 2006
/s/ Barbara L. Neilson
BARBARA L. NEILSON
Administrative Law Judge
The Respondent is a candidate for
Minn. Stat. § 211B.02 provides in relevant part as follows:
211B.02 False Claim of Support.
A person or candidate may not knowingly make, directly or indirectly, a false claim stating or implying that a candidate or ballot question has the support or endorsement of a major political party unit or of an organization.
In Schmitt v.
McLaughlin,[1]
the Minnesota Supreme Court held that a candidate’s use of the initials “DFL”
falsely implied that the candidate had the endorsement of the DFL party in
violation of
B.L.N.
[1]
275 N.W.2d 587, 591 (