OAH 44-1100-19622-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE DEPARTMENT OF CORRECTIONS

 

 

In the Matter of the Risk Level Determination of Andre Stigger

 

FINDINGS OF FACT, CONCLUSIONS AND ORDER

 

 

This matter came on for hearing before Administrative Law Judge Sangeeta Jain on May 14, 2008, at the Office of Administrative Hearings, 600 North Robert St., St. Paul, MN.  The hearing record closed on May 16, 2008, when Petitioner’s post-hearing submission was received.

 

Ryan C. Ellis, Assistant Attorney General, 445 Minnesota Street, Suite 1800, St. Paul, MN 55101-2134, appeared for the Department of Corrections, End of Confinement Review Committee (ECRC).  Stephen L. Smith, Assistant State Public Defender, 540 Fairview Ave. N., Suite 300, St. Paul, Minnesota 55104, appeared for Andre Stigger (Petitioner).  Mr. Stigger did not appear in person.

 

NOTICE

 

Pursuant to Minn. Stat. § 244.052, subd. 6(c), this Order is the final decision in this case.  Any person aggrieved by this decision may seek judicial review pursuant to Minn. Stat. §§ 14.63 to 14.69.

 

Based upon the proceedings herein, the Administrative Law Judge makes the following:

FINDINGS OF FACT

 

1.               The hearing was scheduled to consider the risk level determination made by the ECRC at the Minnesota Correctional Facility at MCF-Rush City for Petitioner. 

2.               The Notice of and Order for Hearing scheduling the present hearing was served on Petitioner on April 24, 2008. 

3.               The Notice of and Order for Hearing stated in the last paragraph on page one as continued on page two that:

[p]ursuant to Minn. R. 1400.6000, failure of the parties to appear at the hearing in the above captioned matter may result in the judge disposing of the matter adverse to the party which defaults or in the allegations of or the issues set out herein to be taken as true or deemed proved without further evidence.

 

4.               Petitioner failed to personally appear at the hearing. 

5.               It was stipulated that Petitioner’s appeal of his risk level determination shall be deemed waived and the risk level determination confirmed unless Petitioner seeks to reschedule the hearing by May 16, 2008.

6.               Petitioner did not seek to reschedule the hearing on May 16, 2008 as evidenced in the letter dated May 16, 2008.[1] 

Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following:

CONCLUSIONS OF LAW

 

1.               The Administrative Law Judge is authorized to review the risk assessment of the ECRC pursuant to Minn. Stat. §§ 14.50 and 244.052, subd. 6.

2.               Petitioner received proper notice of the ECRC’s findings and of his right to appeal that determination.  Petitioner properly appealed and received notice of the time and place of the hearing.

3.               The ECRC has fulfilled all procedural requirements of law and rule so that this matter is properly before the Administrative Law Judge.

4.               Pursuant to Minn. Stat. § 244.052, subd. 6(b), Petitioner has the burden of proving by a preponderance of the evidence that the ECRC’s risk assessment determination was erroneous. 

5.               Petitioner failed to prosecute his appeal.  Therefore, Petitioner waived his right to challenge the risk level assigned by the ECRC.  


Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:

ORDER

 

IT IS HEREBY ORDERED that the risk assessment determination by the ECRC for Petitioner is AFFIRMED. 

 

 

Dated:  May 23, 2008

 

s/Sangeeta Jain

SANGEETA JAIN

Administrative Law Judge

 

Reported:  Digitally recorded and not transcribed.

 

 

 


[1] The letter dated May 16, 2008 indicated that Petitioner’s counsel understood that Petitioner would have a week to request another hearing.  At the underlying hearing, Petitioner was granted until May 16th to seek to reschedule the hearing.  Regardless, Petitioner did not request to reschedule the hearing by May 16th or within one week of the underlying hearing by May 21, 2008.