OAH Docket No. 3-1004-19568-2
Commerce File No. IN4491/MCP
STATE
OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MINNESOTA DEPARTMENT OF COMMERCE
|
In the Matter of
Integrity Bonding, Inc., Zachary Harris, and Anthony Hanson |
PROTECTIVE
ORDER |
This matter is pending before
Administrative Law Judge Kathleen D. Sheehy pursuant to a Notice of and Order
for Hearing from the Minnesota Department of Commerce. To expedite the discovery process, the
parties have requested this Protective Order, which governs discovery of
documents and data classified as private, confidential, nonpublic or protected
nonpublic or otherwise “not public” under the Minnesota Government Data
Practices Act (Minn. Stat. Chap. 13).
Christopher
M. Kaisershot, Assistant Attorney General,
Pursuant to Minn. Stat. § 13.03, subd.
6, and the files and proceedings herein, the Administrative Law Judge finds
that the testimony and evidence to be adduced at the hearing in this matter may
include data that is classified as “not public.” Therefore in order to protect the data,
IT IS HEREBY ORDERED:
1.
Data
that is classified as “not public” under Minn. Stat. Ch. 13, or Minn. Stat. Ch.
363A, or other applicable law, contained in the Department’s
investigative/complaint files, produced in the course of discovery, or offered
as evidence at hearing, shall not be disclosed in the course of this proceeding
except as follows:
(a)
To
the parties in this matter or attorneys representing the parties or their
employees assisting counsel in the preparation of the case; and
(b)
To
witnesses subpoenaed or otherwise called to testify at the hearing.
2.
“Not
public” data may be used only for purposes of this litigation, including
discussion with investigators, employees and witnesses as necessary to prepare
for or conduct the hearing, and shall not be disclosed to individuals or for
purposes not set forth herein.
3.
All
persons having access to “not public” data herein shall be informed of the
Protective Order and are bound by its terms.
Each party bears full responsibility for compliance with this Order by
persons to whom they have disclosed “not public” information.
4.
The
Department shall clearly designate “not public” information to avoid
inadvertent disclosure. “Not public”
documents shall be kept in a separate file or envelope so marked. The originals and copies of deposition or
hearing transcripts, or portions thereof, containing “not public” data shall
bear the legend “CONFIDENTIAL – CONTAINS NOT PUBLIC DATA” and shall be
maintained in a separate file or envelope.
In lieu of segregating documents that contain not public data, the
Department may redact the not public data, but it must clearly mark any
redacted documents with the legend “NOT PUBLIC DATA REDACTED,” and it must
identify the nature of the redacted data.
5.
Upon
appropriate request of the parties, portions of the hearing in this matter will
be closed and the hearing record will be sealed to the extent needed to permit
free discussion of not public data.
6.
Should
any party seek to use the information subject to this Order in a manner
inconsistent with this Order, that party shall bring a motion before the
Administrative Law Judge, with notice to the other party, requesting
permission.
7.
This
Protective Order may be modified or amended by agreement of the parties and notice
to the Administrative Law Judge, or upon application to the Administrative Law
Judge for good cause shown.
8.
Nothing
in this order is intended to limit the availability of judicial review of the
final order as provided by Minn. Stat. §§ 14.63-.69.
Dated: May 15, 2008
s/Kathleen
D. Sheehy
__________________________
KATHLEEN
D. SHEEHY
Administrative Law Judge