11-1200-19465-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
REHABILITATION SERVICES BRANCH
|
In the
Matter of the Appeal of Paul Lee Pertaining to the Provision of Vocational
Rehabilitation Services |
FINDINGS OF
FACT, CONCLUSIONS, AND RECOMMENDATION |
The above-entitled matter came on for
a telephone prehearing conference before Administrative Law Judge Barbara L.
Neilson on April 28, 2008, at 1:00 p.m.
Julie A. Leppink, Assistant Attorney General, appeared on behalf of the
Vocational Rehabilitation Branch of the Department of Employment and Economic
Development (“the Department”). There
was no appearance by or on behalf of the Applicant, Paul Lee. The OAH record closed on April 28, 2008.
STATEMENT OF ISSUES
The
issues presented in this case are whether the Department’s Rehabilitation
Services Branch improperly denied the request of the Applicant, Paul Lee, for
funding to pursue a teaching certificate on the grounds that he could not
achieve an employment outcome because he is on probation for an assault in
California until 2009, his criminal record bars him from teaching students
under the age of 18 in Minnesota, and he will not be eligible to have his
criminal record expunged until his probation ends in 2009.
Based upon all of the proceedings
herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1.
The Notice and Order for Pre-Hearing initiating this
contested case proceeding was served on the Applicant, Paul Lee, via first
class mail on February 13, 2008, at the same address he set forth on his letter
appealing the denial of his application for vocational training.[1] The Notice and Order for Pre-Hearing set a
prehearing conference to be held by telephone on March 25, 2008, at 1:30 p.m.[2]
2.
The Applicant did not file a notice of appearance in this
matter, and did not answer his telephone when the Administrative Law Judge
attempted to initiate the conference call on March 25, 2008. The Applicant did not make any request prior
to the March 25, 2008, prehearing conference for a continuance or any other
relief. The Administrative Law Judge
left a message on the Applicant’s answering machine on March 25, 2008, asking
him to call back so that the conference call could be rescheduled. The Applicant did not do so.
3.
By letter dated April 10, 2008, the Administrative Law Judge
notified the parties that the prehearing conference would be rescheduled for
April 28, 2008, at 1:00 p.m. by telephone conference call. The letter included the following language:
If you are not
available at this time or date, you must request a continuance of the
prehearing conference as soon as possible.
If Mr. Lee fails to be available
by telephone for the prehearing conference without good cause and without
making an appropriate request for a continuance in advance of the prehearing
conference, he shall be deemed in default and his appeal of the Vocational
Rehabilitation Services Unit’s denial of funding for him to obtain a teaching
certificate shall be dismissed.[3]
4.
The Applicant did not answer his telephone when the
Administrative Law Judge attempted to initiate the conference call on April 28,
2008. The Applicant did not make any
request prior to the April 28, 2008, prehearing conference for a continuance or
any other relief. The Administrative Law
Judge left a message on the Applicant’s answering machine noting that he had
not been available for the conference call and asking that the Applicant call
back.
5.
On May 5, 2008, the Applicant called the Administrative Law
Judge and indicated that he had received her message but had been unable to
call the prior week. He stated that he
had decided to withdraw his appeal and was not interested in pursuing the
case. The Administrative Law Judge
advised the Applicant that, unless she received a letter from him by May 12,
2008, indicating that he wished to withdraw his appeal, a Report would be
issued finding him to be in default and recommending that his appeal be
dismissed.
6.
As of the date of this Report, the Administrative Law Judge
has not received any further communication from the Applicant.
7.
Because the Applicant failed to appear at the prehearing
conference in this matter, he is in default.
8.
Pursuant to Minn. Rules part 1400.6000, the allegations
contained in the Notice and Order for Pre-Hearing are hereby 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 and the Department have authority
under Minn. Stat. §§ 268A.03 and 14.50, 34 C.F.R. § 361.57, and the
Minnesota state plan for vocational rehabilitation services to consider the
Applicant’s appeal from the administrative decision refusing to provide him
with the funding he requested.
2.
The Notice and Order for Pre-Hearing issued by the Department
was proper and the Department has fulfilled all relevant substantive and
procedural requirements of law and rule.
3.
The Applicant, having made no appearance at the prehearing conference,
and not requesting any continuance or relief, is in default. Pursuant to Minn. Rules part 1400.6000, the
allegations contained in the Notice and Order for Pre-Hearing are hereby taken
as true, and it is concluded that the Department appropriately denied funding
to the Applicant.
Based
upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
IT IS HEREBY RECOMMENDED that the Department’s denial
of funding to Paul Lee be affirmed and his appeal be dismissed.
Dated: May 14, 2008
|
s/Barbara
L. Neilson |
|
BARBARA
L. NEILSON |
|
Administrative
Law Judge |
Reported: Default.
This Report is a recommendation, not
a final decision. The Commissioner of
the Department of Employment and Economic Development will make the final
decision after a review of the record.
The Commissioner may adopt, reject or modify these Findings of Fact,
Conclusions, and Recommendations. Under
Minn. Stat. § 14.61, the final decision of the Commissioner shall not be made
until this Report has been made available to the parties to the proceeding for
at least ten 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 the Department, First National Bank Building,
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. The record closes upon the filing of exceptions to the report and the presentation of argument to the Commissioner, or upon the expiration of the deadline for doing so. The Commissioner must notify the parties and the Administrative Law Judge of the date on which the record closes.