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15-0320-21579-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Patricia Anderson, Complainant, vs. Rebecca Otto, and Rebecca Otto for Auditor, Respondents. |
SECOND
NOTICE
OF AND ORDER FOR PROBABLE CAUSE HEARING |
TO: Patricia Anderson and her attorney, Edward T.
Matthews; and Rebecca Otto, and Rebecca Otto for Auditor, and their attorneys David
Lillehaug and Christopher A. Stafford, Fredrikson & Byron, P.A.
On September 23, 2010, Patricia Anderson filed a Complaint with the Office of Administrative Hearings alleging that Rebecca Otto and Rebecca Otto for Auditor violated Minn. Stat. § 211B.06. By Order dated September 27, 2010, the undersigned Administrative Law Judge determined that the Complaint sets forth a prima facie violation of Minn. Stat. § 211B.06, and scheduled a probable cause hearing for September 30, 2010. Due to a scheduling conflict, the probable cause hearing has been rescheduled, with the consent of the parties, as provided below.
IT IS ORDERED AND NOTICE IS GIVEN that this matter is rescheduled for a probable cause hearing to be held by telephone before the undersigned Administrative Law Judge at 1:30 p.m. on Monday, October 4, 2010. The hearing will be held by call-in telephone conference. You must call: 1-888-742-5095 at that time. Follow the directions and enter the numeric pass code “2494407275” when asked for the meeting number.[1] 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 Heydinger at Beverly.Heydinger@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: September 29, 2010
s/Beverly
Jones Heydinger
BEVERLY JONES HEYDINGER
Administrative Law Judge
[1] In
the event that you have trouble connecting to the call, please contact Nancy
Hansen at 651-361-7874 or