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OAH 8-1100-20074-2 |
STATE
OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF CORRECTIONS
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In the Matter of Shane Rittmiller |
FINDINGS OF FACT, CONCLUSIONS, AND ORDER |
This matter came on for before Administrative Law Judge Beverly Jones
Heydinger on February 23, 2009, at 9:30 a.m., at the Office of Administrative
Hearings. Krista Guinn Fink, Associate
Legal Counsel, Department of Corrections,
STATEMENT
OF ISSUES
May
the Department collect $180.00 from the Respondent for correction fees imposed
pursuant to Minn. Stat. § 241.272?
Based upon all of the proceedings herein, the Administrative Law Judge makes the following:
FINDINGS
OF FACT
1.
On November 20, 2008, the Notice of and Order for Hearing in
this matter was served by first class mail upon Shane Rittmiller, MCF-RC, 7600 525th
Street, Rush City, MN 55069, his last known address on file with the Department
of Corrections. It notified the
Respondent of the hearing scheduled for February 23, 2009. The mailing was not returned to the Department
as undeliverable.
2.
On February 23, 2009, the Respondent failed to appear at the
Hearing. Respondent did not obtain leave
of the Administrative Law Judge to appear on another date.
3.
The Notice of and Order Hearing informed Respondent that if he
failed to appear at the hearing without the prior consent of the judge, he
would be deemed in default, the allegations against him would be deemed proved,
and the Respondent would be required to pay the correctional fees imposed upon
him pursuant to Minn. Stat. § 241.272.
4.
Because the Respondent failed to appear, he is in default.
5.
Pursuant to Minn. Rules part 1400.6000, the allegations
contained in the Notice of and Order for Hearing are taken as true and
incorporated into these Findings of Fact.
Based
upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1.
The Administrative Law Judge has jurisdiction in this matter
pursuant to Minn. Stat. §§ 14.50, and 270A.09.
2.
The Department has given proper notice of the hearing in this
matter and has fulfilled all relevant procedural requirements of law and rule.
3.
The Department has the authority to impose a correctional
fee, as set forth in Minn. Stat. § 241.272.
The Respondent received services for which a fee may be assessed.
4.
The Respondent failed to pay $180.00 for supervision by a
field services agent for a term following his release from incarceration.
5.
The Department may proceed with collection of the fee
through Revenue Recapture or any available means of civil debt collection.
Based upon the foregoing Conclusions,
the Administrative Law Judge makes the following:
IT
IS HEREBY ORDERED THAT:
(1)
The February 23, 2009 Order in this matter is VACATED.
(2)
Department of Corrections may collect $180.00 due from
Respondent through the setoff collection under Minn. Stat. § 270A.07.
(3)
Pursuant to Minn. Stat. § 270A.09, subd. 3, this Order shall
be served on the parties, the commissioner of revenue and the attorney general.
Dated: March 12, 2009
_/s/
Eric L. Lipman _
ERIC
L. LIPMAN
Administrative
Law Judge
Reported: Default
Pursuant to Minn. Stat. § 270A.09, subd. 3, this Order constitutes a final decision. Any person aggrieved by this decision may seek judicial review pursuant to Minn. Stat. §§ 14.63 to 14.69.