OAH 16-1005-21331-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF COmmerce

In the Matter of the Real Estate Closing Agent License and the Notary Public Commission of Donald Leverne Walthall

SECOND SCHEDULING ORDER

On October 27, 2010, this matter came on for hearing before Administrative Law Judge Manuel J. Cervantes pursuant to a Scheduling Order, dated July 12, 2010.

Christopher M. Kaisershot, Assistant Attorney General, represents the Department of Commerce (Department). Bobby Joe Champion, Esq. represented Donald Leverne Walthall (Respondent) but withdrew representation on October 27, 2010. Respondent represents himself.

On October 27, 2010, the Respondent made a telephone request for a continuance because he could not obtain legal representation because of financial reasons. The Department objected to the continuance based on the fact that the Respondent has been aware of this hearing since July 2010 and has waited till the last minute to make his continuance request. This resulted in unnecessary taxpayer expense because the Department and the ALJ have had to prepare for the hearing.

While the ALJ finds there is merit in the Department’s objection, the ALJ nonetheless will grant Respondent a continuance. The Respondent fully understands that he must proceed at the next scheduled hearing with or without legal representation.

IT IS HEREBY ORDERED:

A hearing in this matter will be held at the St. Paul office of the Office of Administrative Hearings, 600 Robert Street North, St. Paul, MN 55164 on Tuesday, January 11, 2011, beginning at 9:30 a.m.

Dated: October 29, 2010

s/Manuel J. Cervantes

MANUEL J. CERVANTES

Administrative Law Judge