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OAH 16-1004-19600-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF COMMERCE
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In the Matter of Kevin Sistrunk and Kaarma Insurance Agency, Inc. |
PROTECTIVE ORDER |
This matter is pending before Administrative Law
Judge Manuel J. Cervantes pursuant to a Notice and Order for Hearing from the
Minnesota Department of Commerce (Department). 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. ch. 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 administrative action,
including discussions 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 the Order is intended to limit the availability of judicial review of the
final order as provided by Minn. Stat. § l4.63-.69.
Dated: June 18, 2008
s/Manuel J. Cervantes
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MANUEL
J. CERVANTES Administrative
Law Judge |