OAH 61-1004-21185-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In the Matter of the
Resident Insurance Producer License and the resident Surplus Lines License of
Duane R. Wolff and the Resident insurance Producer License of Douglas Wolff |
ORDER
FOR HEARING AND
PROTECTIVE
ORDER
|
This matter is pending before
Administrative Law Judge M.
A telephone pre-hearing conference was
held on March 29, 2010. Christopher M.
Kaisershot, Assistant Attorney General,
Pursuant to Minn. Stat. § 13.03, subd. 6 (2008), and the files and proceedings herein, the Administrative Law Judge finds that data that is classified as “not public” may be discoverable in this regulatory action and that the benefit to Respondents generally outweighs any harm to the confidentiality interests of the Department in maintaining the data, or of any person who has provided the data or who is the subject of the data, or to the privacy interest of an individual identified in the data. Therefore, in order to assure the proper handling of the data by the parties, IT IS HEREBY ORDERED:
1.
The contested
case hearing shall be held on May 11, 2010, commencing at 9:30 a.m. at the
Office of Administrative Hearings,
2.
The parties shall
promptly exchange exhibits, and shall appear at the hearing with at least three
copies of each exhibit they plan to offer into evidence. Exhibits shall be pre-marked using Arabic
numbers without designation of the party offering the exhibit. The Department’s exhibits shall commence with
the number one, and the Respondents’ exhibit numbers shall commence where the
Department’s numbers end.
3.
Data that is
classified as “not public” under Minn. Stat. ch. 13 (2008), or other applicable
law, contained in the Department’s investigative/complaint files produced in
the course of discovery shall not be disclosed to any persons except as
follows:
4.
“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 other persons or for
purposes not set forth herein.
5.
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.
6.
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.
7.
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.
8.
This Protective
Order is general in its application and is designed to expedite the discovery
of the Department’s investigative/complaint file to Respondents. By stipulating to this Protective Order, the
Department does not waive its right to object to disclosing privileged or other
non-discoverable data, or to disclosing data where the benefit to Respondents
does not outweigh the harm to the confidentiality interests of the Department
in maintaining the data, or of any person who has provided the data or who is
the subject of the data, or to the privacy interest of an individual identified
in the data. Production of not public
data under this paragraph shall be adjudicated upon appropriate motion by any
party.
9.
Notwithstanding
this Protective Order, “[a]ny civil investigative data presented as evidence in
court or made part of a court record shall be made public.” Minn. Stat. § 13.39, subd. 3 (2008). In cases involving licensing data, “[t]he
entire record concerning a disciplinary proceeding is public data pursuant to
section 13.02, subdivision 15, in those instances where there is a public
hearing concerning the disciplinary action.”
Minn. Stat. § 13.41, subd. 5 (2008).
Upon appropriate motion by any party, portions of the hearing in
this matter may be closed or the hearing record may be sealed or redacted to
the extent needed to permit free discussion of data that is otherwise private
or confidential.
10.
This Protective
Order may be modified or amended by agreement of the parties and approval by
the Administrative Law Judge, or upon application by either party to the
Administrative Law Judge for good cause shown.
11.
Nothing in the
Order is intended to limit the availability of judicial review of the final
order as provided by Minn. Stat. §§ 14.63-.69 (2008).
Dated: April 5, 2010
s/M.
|
M. KEVIN SNELL Administrative Law Judge |