June
4, 1999
|
David
L. Ramp Assistant
Attorney General 445
Minnesota Street Suite
1400 St.
Paul, MN 55101-2131 |
Larry
E. Reed Hassan
& Reed, LTD. Attorneys
at Law 2311
Wayzata Boulevard Minneapolis, MN
55405 |
RE: In the Matter
of the Real Estate Appraiser’s License of Fidelis E. Agaga, License
No. 20143640; OAH Docket No. 8-1004-12106-2
Dear Counsel:
The purpose of this letter/Order is
to reiterate the determinations made at the Motion hearing held at this Office
on June 3, 1999. Those determinations
are as follows:
A.
Respondent
shall assist the Department in locating the five appraisals Respondent admits
he made.
B.
When
the signed appraisals are located and identified, the Department may request
the issuance of subpoenas to obtain the original signed copies of those
appraisals.
A.
Within
seven (7) days after the Department receives and examines the subpoenaed
appraisals it must decide whether it intends to pursue the charges pending
against Respondent and notify me and Mr. Reed of its intention. If the Department elects to proceed, the
Respondent must, within seven (7) days, file any objections it has to requiring
Respondent to appear and provide necessary handwriting samples to the Department’s
expert. If Respondent believes that the
Department is required to have its expert examine the handwriting samples of
other persons, it must brief its entitlement to such a relief.
B.
Within
seven (7) days after the Respondent files its legal arguments under Paragraph A
the Department must respond if it has any objections.
David L. Ramp
Larry E. Reed
June 4, 1999
Page Two
DISCOVERY
The Department shall, within ten (10) days, supplement its answers to
the discovery covered by the Respondent’s pending Motion to Compel. By the same deadline, the Department shall
separately submit all documents withheld from the Respondent on the asserted
grounds that they are covered by the Minnesota Government Data Practices
Act. The Department shall also provide
a privileged exhibit log listing and describing any documents it claims are
privileged and the privilege relied upon.
In addition, the Department must file a proposed Protective Order
pertaining to any not public data
that may be released to the Respondent.
SANCTIONS
A.
The
Department’s pending Motion for Sanctions against Respondent has been withdrawn
and no sanctions will be imposed at this time.
B.
Any
party that fails to comply with the requirements contained in this letter/Order
is subject to the imposition of sanctions under Minn. R. 1400.6700, subp. 3.
CALIFORNIA DEPOSITION
The Respondent shall be given an opportunity to examine the California
deposition taken by the Department and to take notes from that
examination. The Department is not
required to provide the Respondent with a copy of the transcript.
WITNESSES AND EXHIBITS
If the parties have not done so already, they must exchange witness and
exhibit lists fourteen (14) days prior to the hearing. The exhibits must be accompanied by an index
and any exhibit more than three (3) pages in length shall be paginated.
The hearing will be tape recorded.
A transcript can be prepared from the tapes. In the event that either party wants the services of a court
reporter or wants a transcript, I should be notified at least three weeks prior
to the hearing. The party requesting
either service will be billed for the cost of providing it.
Yours
very truly,
JON
L. LUNDE
Administrative
Law Judge
Telephone:
612/341-7645
JLL:mki