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OAH 3-1005-21323-2 |
STATE
OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF COMMERCE
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In the Matter of the Denial of an Application for a Notary Public Commission of Stephanie Disse |
FINDINGS OF FACT,
CONCLUSIONS AND RECOMMENDATION |
The above-entitled matter came on for
hearing before Administrative Law Judge Kathleen D. Sheehy on June 23, 2010, at
9:30 a.m., at the Office of Administrative Hearings,
Michael J. Tostengard, Assistant Attorney General, 1200
STATEMENT OF ISSUES
The
issue presented in this case is whether the Respondent’s application for a
notary public commission should be denied because she has been convicted of a
crime involving moral turpitude and because her conduct has demonstrated that
she is untrustworthy or unqualified to act under authority granted by the
commissioner.[1]
Based upon all of the files, records and proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1.
The Respondent was licensed as a notary by the State of
2.
On May 21, 2010, the Department sent by first class mail a
copy of the Order Denying License Application, Statement of Charges, and Notice
of Hearing to Respondent.[2]
3.
The Notice of Hearing scheduled a hearing in this matter at
9:30 a.m. on June 23, 2010, at the Office of Administrative Hearings,
4.
The Notice of Hearing provides that the Respondent’s failure
to appear at the hearing may result in a finding that the Respondent is in
default, that the Department’s allegations contained in the Statement of
Charges may be accepted as true, and that the Respondent’s application may be
denied.[3]
5.
The Respondent did not appear for the hearing on June 23,
2010, nor did she contact the Administrative Law Judge prior to the hearing to
seek a continuance or request any other relief.
6.
Because the Respondent failed to appear for the hearing, she
is in default.
7.
Pursuant to Minn. R. 1400.6000, the allegations contained in
the Statement of Charges are taken as true and incorporated by reference into
these Findings of Fact.
8.
In 2005, the Respondent was convicted in Becker County
District Court of felony theft by swindle of approximately $15,000. The Respondent purposely destroyed records in
an effort to cover up the theft.[4]
Based
upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1.
The Administrative Law Judge and the Commissioner are
authorized to consider the charges against Respondent under Minn. Stat. §§
14.50, 45.027, and 359.12.
2.
The Department provided timely notice of the hearing to the Respondent,
and this matter is properly before the Commissioner and the Administrative Law
Judge.
3.
The Department has complied with all relevant procedural
legal requirements.
4.
Under Minn. R. 1400.6000, a contested case may be decided
adversely to a party who defaults. On
default, the allegations set out in the Notice and Order for Hearing or other
pleadings may be taken as true or deemed proved without further evidence.
5.
The Respondent is in default as a result of her failure to
appear at the hearing.
6.
The Commissioner may, by order, deny, suspend, or revoke the
authority of a notary public if the commissioner finds that: the order is in the public interest; and the
person has violated any law, rule, or order related to the duties and
responsibilities entrusted to the commissioner; or the person has engaged in an
act or practice, whether or not the act or practice directly involves the
business for which the person is authorized, which demonstrates that the
applicant or licensee is untrustworthy, financially irresponsible, or otherwise
incompetent or unqualified to act under the authority granted by the
commissioner.[5]
7.
A notary who has pleaded guilty or been convicted of a
felony, gross misdemeanor, or misdemeanor involving moral turpitude is subject
to the penalties imposed pursuant to section 45.027.[6]
8.
Disciplinary
action against the Respondent is in the public interest.
9.
The Respondent’s
conviction of felony theft by swindle in 2005 is a crime involving moral
turpitude, as provided in Minn. Stat. § 359.12, and it demonstrates that she is
untrustworthy or otherwise unqualified to act under authority granted by the
commissioner, as provided in Minn. Stat. § 45.027, subd. 7.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:
IT IS HEREBY
RECOMMENDED that the denial of the Respondent’s application for a notary public
commission be AFFIRMED.
Dated: June 25, 2010
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s/Kathleen D. Sheehy |
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KATHLEEN D. SHEEHY |
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Administrative Law Judge |
Reported: Default
This
Report is a recommendation, not a final decision. The Commissioner of Commerce will make the
final decision after reviewing the record and may adopt, reject or modify these
Findings of Fact, Conclusions, and Recommendation. Under Minn. Stat. § 14.61, the Commissioner’s
decision shall not be made until this Report has been available to the parties
to the proceeding for at least ten (10) days.
An opportunity must be afforded to each party adversely affected by this
Report to file exceptions and present argument to the Board. Parties should contact Emmanuel
Munson-Regala, Deputy Commissioner,
Under Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail or as otherwise provided by law. If the Commissioner fails to issue a final decision within 90 days of the close of the record, this report will constitute the final agency decision under Minn. Stat. § 14.62, subd. 2a.