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16-0320-20001-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Susan Rego, Complainant, vs. Erik Paulsen, and Friends of Erik Paulsen, Respondents. |
NOTICE OF DETERMINATION OF PRIMA
FACIE VIOLATION AND NOTICE OF AND ORDER FOR PROBABLE CAUSE
HEARING |
TO: Susan Rego, [Street Address
Redacted], St. Michael, MN 55376; Erik
Paulsen, [Street Address Redacted], Eden Prairie, MN 55347; and Friends of Erik Paulsen, P.O. Box
44369, 250 Prairie Center Drive, Eden Prairie, MN 55344-1369.
On October 21, 2008, Susan Rego filed a Campaign Complaint with the Office of Administrative Hearings alleging that Erik Paulsen and his registered candidate committee, Friends of Erik Paulsen, violated Minnesota Statutes § 211B.13, subd. 2, by knowingly accepting or receiving a prohibited corporate contribution in the form of a campaign sign posted on corporate property. 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.13, 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 1:30 p.m. on Tuesday, October 28, 2008. The hearing will be held by call-in telephone conference. You must call: 1-888-790-3257 at that time. When the system asks for your numeric pass code, enter “19998” 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 Cervantes at Manuel.Cervantes@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
Dated: October 23, 2008
/s/
Manuel J. Cervantes____
MANUEL J. CERVANTES
Administrative Law Judge
Respondent Erik Paulsen is a candidate for the U.S. House of Representatives in the Third Congressional District. Respondent Friends of Erik Paulsen is his registered campaign committee. The Complaint alleges that Respondents knowingly accepted prohibited corporate contributions from two limited liability companies (94 West Business Center LLC and DAC Development LLC). The Complaint alleges that these two companies posted campaign signs in support of Mr. Paulsen’s campaign on their corporate property in violation of Minn. Stat. § 211B.15, subd. 2.
Minn. Stat. § 211B.15 prohibits corporations from making
contributions, directly or indirectly, to an individual to promote the
individual’s candidacy or election to political office. 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]
Minn. Stat. § 211B.13, subd. 2, prohibits a person from knowingly accepting or receiving money or anything of monetary value that is a prohibited corporate disbursement under section 211B.15.
The Administrative Law Judge finds that the Complainant has alleged a prima facie violation of Minn. Stat. § 211B.13, subd. 2, against Respondents. This matter will proceed to a probable cause hearing as scheduled by this Order.
M.J.C.