3-0320-19985-CV

 

3-0320-19986-CV

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

Roger Sween,

                                        Complainant,

vs.

 

P. Hanson Marketing, Inc.,

                                       Respondent,

and

 

Roger Sween,

                                       Complainant,

vs.

 

Tim Kelly and Kelly for House,

                                       Respondents

 

 

 

 

 

ORDER JOINING

 RELATED COMPLAINTS

TO:  Alan W. Weinblatt, Weinblatt & Gaylord, PLC, 111 East Kellogg Boulevard, Suite 300, St. Paul, MN 55101; and Reid Lebeau, Lockridge, Grindal, and Nauen, PLLP, 100 Washington Avenue South, Suite 2200, Minneapolis, MN  55401. 

On October 17, 2008, Roger Sween filed two campaign complaints with the Office of Administrative Hearings alleging violations of Minn. Stat. §§ 211B.13 and 211B.15 relating to the publishing of advertisements by Respondent P. Hanson Marketing Inc. (PHMI) in support of Respondent Tim Kelly’s campaign for Minnesota House of Representatives District 28A. 

The first complaint (3-0320-19985-CV) alleges that Respondent PHMI violated Minn. Stat. § 211B.15, subd. 2 (prohibited corporate contribution).  The second complaint (3-0320-19986-CV) alleges that Respondent Kelly and his registered campaign committee, Respondent Kelly for House, violated Minn. Stat. § 211B.13, subd. 2 (prohibited solicitations). 

After reviewing the Complaints and attached documents, Administrative Law Judge Kathleen Sheehy determined by Order dated October 20, 2008, that the allegations in the Complaints set forth prima facie violations of Sections 211B.13, subd. 2, and 211B.15, subd. 2.

Pursuant to Minn. Stat. § 211B.33, subd. 4, the Chief Administrative Law Judge may direct that two or more complaints be joined for disposition if the allegations in each complaint are of the same or similar character, or are based on the same act or failure to act.  After reviewing Mr. Sween’s complaints, the Chief Administrative Law Judge has determined that the allegations set forth in the Complaints are of the same or similar character, and based on the same acts.

          THEREFORE, IT IS HEREBY ORDERED:

That the two Complaints filed in these matters by Roger Sween on October 17, 2008, be joined for disposition.  The Complaints will be consolidated into OAH Docket No. 3-0320-19985-CV.

 

 

Dated: October 23, 2008

                                                                      s/Raymond R. Krause

                                                                      __________________________

                                                                      RAYMOND R. KRAUSE

                                                                      Chief Administrative Law Judge