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OAH 3-1100-21571-2 |
STATE
OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF CORRECTIONS
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In the Matter of Chase Allen Holmes |
FINDINGS OF FACT, CONCLUSIONS, AND ORDER |
This matter came on for a telephone hearing before Administrative Law
Judge Kathleen D. Sheehy on November 3, 2010.
Krista Guinn Fink, Associate Legal Counsel, Department of Corrections,
STATEMENT
OF ISSUES
May
the Department collect $300.00 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 September 23, 2010, the Notice and Order for Hearing in
this matter was served by first class mail upon Chase Allen Holmes at the last
known address on file with the Department of Corrections. It notified the Respondent of the hearing
scheduled for November 3, 2010, and the conference number to use for calling
into the hearing. The mailing was not
returned to the Department as undeliverable.
2.
On September 23, 2010, the Department also served a Notice
of Motion and Motion for Summary Disposition on the Respondent at the same
address. It notified the Respondent that
if he wished to contest the motion, a written response had to be filed within
ten working days after receipt.
3.
The Respondent did not file a written response to the Motion
for Summary Disposition.
4.
On November 3, 2010, the Respondent failed to appear for the
telephone hearing. Respondent did not contact
the Administrative Law Judge to obtain leave to appear on another date.
5.
The Notice of and Order for 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.
6.
Because the Respondent failed to appear, he is in default.
7.
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 $300.00 for supervision by a
field services agent for a probationary term following his conviction for
first-degree driving while intoxicated.
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 Department of Corrections may collect $300.00 due from
Respondent through the setoff collection under Minn. Stat. § 270A.07.
(2)
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: November 8, 2010
s/Kathleen D. Sheehy_____________
KATHLEEN D. SHEEHY
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.