4-1002-7331-2

 

                               STATE OF MINNESOTA

                       OFFICE OF ADMINISTRATIVE HEARINGS

 

                    FOR THE MINNESOTA DEPARTMENT OF COMMERCE

 

 

In the Matter of Illuminations,                         FINDINGS OF FACT,

a New Hampshire Corporation.                            CONCLUSIONS OF LAW

                                                        AND RECQMMENDATION

 

 

     The above-entitled matter came on for hearing before Administrative Law

Judge Peter C. Erickson at 9:30 a.m. on Thursday, December 31,  1992  in  the

First Floor Hearing Room, 133 East Seventh Street, St. Paul, Minnesota.  The

record closed at the conclusion of the hearing.

 

     Michael A. Sindt, Special Assistant Attorney General, 1100 Bremer Tower,

82 East Seventh Place, St. Paul, Minnesota  55101, appeared on behalf of the

Minnesota Department of Commerce, Complainant herein.  The Respondent,

Illuminations, One Treasure Lane, P.O. Box 286, Dairy, New Hampshire

03038-0286, did not appear at the hearing.

 

     Notice is hereby given that, pursuant to Minn.  Stat.  14.61  the  final

decision of the Commissioner of the Minnesota Department of Commerce shall not

be made until this Report has been made available to the parties to the

proceeding for at least ten days, and an opportunity has been afforded to each

party adversely affected to file exceptions and present argument to the

Commissioner.  Exceptions to this Report, if any, shall be filed with the

Commissioner.

 

     Based upon all of the proceedings herein, the Administrative  Law  Judge

makes the following:

 

                               STATEMENT OF ISSUE

 

     The issue to be determined in this proceeding is whether the "temporary

Order to Ban" should be vacated, modified or made permanent.

 

     Based upon all of the proceedings herein, the Administrative  Law  Judge

makes the following:

 

                               FINDINGS OF FACT

 

     1.  On December 24, 1992, the Minnesota Department of Commerce served,

by certified mail, a temporary Order to Ban, Notice of and Order for Hearing

and Order to Show Cause upon the Respondent, Illuminations, a  New  Hampshire

Corporation.  The Judge has not been contacted by a representative of

Respondent concerning this hearing, a need for a continuance, or  the  reason

for Respondent's failure to appear.

 

      2.   The factual allegations contained in the Temporary Order to Ban and

Notice of and Order for Hearing are hereby incorporated by reference as facts.

 

     Based upon the foregoing Findings of Fact, the Administrative Law Judge

makes the following conclusions.

 

                                   CONCLUSIONS

 

      1.   The Commissioner of Commerce and the Administrative Law Judge have

jurisdiction in this matter pursuant to Minn.  Stat.  325F.10, 14.50, and

Minn.  Rule 2630.0500.  The Notice of Hearing was proper in accordance with

Minn.  Rule 2630.0500.

 

      2.   The Respondent, having failed to appear at the hearing in this

matter, is in default.  Pursuant to Minn.  Rule 2400.6000, the allegations

contained in the Notice of Hearing are hereby taken as true.

 

      3.   The Respondent, has violated Minn.  Stat.  325F.08 by offering for

sale in Minnesota a toy which contains mercury.

 

      4.   The above-violation constitutes sufficient grounds to continue the

Temporary Order to Ban.

 

     Based upon the foregoing Conclusions, the Administrative Law Judge makes

the following:

 

                                 RECOMMENDATION

 

     IT IS RESPECTFULLY RECOMMENDED that the Commissioner of Commerce make

permanent the Temporary Order to Ban issued to the Respondent on December 24,

1992.

 

Dated this       day of January, 1993.

 

 

 

 

                                         PETER C. ERICKSON

                                         Administrative Law Judge

 

                                     NOTICE

 

    Pursuant to Minn.  Stat.  14.62, subd. 1, the agency is required to serve

its final decision upon each party and the Administrative Law Judge by first

class  mail.

 

Reported:  Default

 

 

 

 

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