3-0320-19985-CV

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

Roger Sween,

                                           Complainant,

vs.

 

P. Hanson Marketing, Inc.,

                                             Respondent.

NOTICE OF DETERMINATION OF

PRIMA FACIE VIOLATION

 AND

 NOTICE OF AND ORDER FOR PROBABLE CAUSE HEARING

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 a Campaign Complaint with the Office of Administrative Hearings alleging that P. Hanson Marketing, Inc. (PHMI), violated Minnesota Statutes § 211B.15, subd. 2.  After reviewing the Complaint and attached exhibits, the undersigned Administrative Law Judge has determined that the Complaint sets forth a prima facie violation of Minnesota Statutes § 211B.15, subd. 2. 

          THEREFORE, IT IS ORDERED AND NOTICE IS GIVEN that this matter is scheduled for a probable cause hearing to be held by telephone before the undersigned Administrative Law Judge at 11:00 a.m. on October 24, 2008.  The hearing will be held by call-in telephone conference.  You must call: 1-888-942-8515 at that time.  When the system asks for your numeric pass code, enter “19985” on your phone and you will be connected to the conference.  The probable cause hearing will be conducted pursuant to Minnesota Statutes § 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 that choice is 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 emailed to Judge Sheehy at Kathleen.Sheehy@state.mn.us or faxed to 651-361-7936. 

          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 Minnesota Statutes § 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 Minnesota Statutes § 211B.34, subdivision 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 P.O. Box 64620, St. Paul, MN 55164-0620, or call 651-361-7900 (voice) or 651-361-7878 (TDD).

 

Dated:  October 20, 2008

 

                   

                                                  /s/ Kathleen D. Sheehy___

KATHLEEN D. SHEEHY

                                                                      Administrative Law Judge

 

 

 

MEMORANDUM

The Complaint alleges that Respondent PHMI is a for-profit corporation located in Cannon Falls, MN, which publishes two magazines, Generations of Today (Today) and The Ag Reporter (Reporter), that are distributed within and around Minnesota House District 28A.  Tim Kelly is a candidate for the Minnesota House of Representatives, District 28A.  The Complaint specifically alleges that PHMI published a five-page advertisement supporting Tim Kelly’s campaign in the September 2008 issue of Today, and a one-page advertisement supporting Respondent’s campaign in the October/November issue of the Reporter.  The Complaint alleges that PHMI published these advertisements without charge to Tim Kelly or his campaign committee, Tim Kelly for House. 

Minnesota Statutes § Section 211B.15, subd. 2, prohibits corporations from making contributions to an individual to promote the individual’s candidacy or election to political office within Minnesota.  The statute defines “corporation” to mean: “(1) a corporation organized for profit that does business in this state; (2) a nonprofit corporation that carries out activities in this state; or (3) a limited liability company formed under chapter 322B, or under similar laws of another state, that does business in this state.”[1] 

The Complaint alleges that Respondent PHMI is a corporation as defined in the statute.  The Complaint asserts that by publishing advertisements in support of Tim Kelly without charge to him, PHMI made a prohibited corporate contribution to his campaign in violation of Minn. Stat. § 211B.15, subd. 2.

After reviewing the Complaint and its attachments, the Administrative Law Judge concludes that the Complaint sets forth a prima facie violation of Minn. Stat. § 211B.15, subd. 2.  This matter will proceed to a probable cause hearing as scheduled by this Order.                                                               

 

K.D.S. 

     


[1]  Minn. Stat. § 211B.15, subd. 1 (2008).