OAH 16-1005-21231-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE DEPARTMENT OF COmmerce

 

In the Matter of the Insurance Producer’s License, the Real Estate Closer License, and the Notary Commission of Cynthia T. Strand

 

SCHEDULING ORDER

Of September 27, 2010

 

This matter came on before Administrative Law Judge (ALJ) Manuel J. Cervantes pursuant to a Notice for Hearing and Order to Show Cause, filed April 7, 2010.

 

Michael J. Tostengard, Assistant Attorney General, represents the Department of Commerce (Department).  Cynthia Strand (Respondent) represents herself.

 

By Scheduling Order filed May 10, 2010, this matter was scheduled for an evidentiary hearing on September 16, 2010 at 9:30 p.m. 

 

On August 24, 2010, Mr. Tostengard informed the ALJ that Ms. Strand has been charged criminally in District Court alleging conduct similar in nature as alleged in the Department’s Notice for Hearing and Order to Show Cause.  He requested that rather than proceeding to an evidentiary hearing as scheduled, that the hearing scheduled for September 16, 2010 be utilized for the purpose of verifying the current status of this matter.

 

By Scheduling Order dated August 26, 2010, the ALJ granted the Department’s request.

 

On September 26, 2010, Mr. Tostengard appeared on behalf of the Department as scheduled.  Ms Strand did not.

 

By letter dated September 23, 2010, the Department moved for default judgment because Respondent failed to appear.[1]

 

Given that it was not clear from the ALJ’s Order of August 26, 2010, that failure to appear on the part of the Respondent could result in default judgment, the ALJ makes the following:

 

 

 

ORDER

 

1.               The Department’s motion for default judgment is DENIED;

 

2.               This matter is continued to October 15, 2010 for hearing at 9:30 a.m. at the Office of Administrative Hearings, 600 Robert Street No., St. Paul, MN; and

 

3.               Respondent’s failure to appear at the hearing may result in a finding that Respondent is in default, the Department’s allegations contained in the Statement of Charges may be accepted as true, and that its proposed disciplinary action may be upheld.

 

Dated: September 27, 2010

 

 

                                                                      s/Manuel J. Cervantes

MANUEL J. CERVANTES

Administrative Law Judge

 

 

 


[1] The Department moved for default pursuant to Minn.R. 1400.6000.  Minn.R. 1400.6600 requires the movant to advise the opposing party that she has ten working days to respond after the receipt of the motion, if she wishes to contest the motion.