12-1700-15221-2
39559
STATE
OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF HUMAN RIGHTS
|
Jose Garcia,
Charging Party, vs.
City of Long Prairie Police,
Respondent. |
|
TO: The above-named Charging Party and his Attorney, Roberto Anguizola, 1005 West Franklin Avenue, Suite 3, Minneapolis, MN 55405, and the Respondent and its Attorney, Pamela L. VanderWiel, Greene Espel, 200 South Sixth Street, Suite 1200, Minneapolis, MN 55402-1415:
NOTICE IS HEREBY GIVEN that the Commissioner of Human Rights has referred the above-entitled matter to the Office of Administrative Hearings for hearing pursuant to Minn. Stat. § 363.071, subd. 1a. This matter involves a Charge of Discrimination filed by Charging Party on May 22, 2002, alleging that Respondent illegally discriminated against Charging Party on the basis of race. A Copy of the Charge of Discrimination is attached.
IT IS HEREBY ORDERED AND NOTICE IS GIVEN that a Prehearing Conference in this matter will be held on January 8, 2003, at 2:30 p.m., at the Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, MN, for the purpose of defining the issues, establishing discovery, motion and hearing schedules and exploring settlement. The parties are not required to appear at the Prehearing Conference if they are represented by counsel.
IT IS FURTHER ORDERED AND NOTICE IS GIVEN that the hearing in this matter will be held at a time and place determined by the Administrative Law Judge.
IT IS FURTHER ORDERED AND NOTICE IS GIVEN that the Charging Party shall serve and file a Complaint within ten days after service of this Notice. Respondent shall serve and file an Answer to the Complaint within 20 days after service of the Complaint.
The parties are urged to attend these proceedings; failure to do so may prejudice your rights in this and any subsequent proceedings. If Charging Party fails to appear, the charge may be dismissed. If Respondent fails to appear, a finding may be made that Charging Party's allegations are true without presentation of further evidence except as to damages.
The issues to be determined at the hearing appear to be the following:
1. Whether Respondent discriminated against Charging Party on the basis of race in violation of Minn. Stat. § 363.03, subd. 4(1).
2. If it is determined that Respondent illegally discriminated against Charging Party, whether Respondent should be subject to any of the penalties and whether Charging Party is entitled to any of the relief provided by Minn. Stat. § 363.071, subd. 1a and 2.
Steve M. Mihalchick, Administrative Law Judge, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401-2138, telephone (612) 349-2544, will preside as Administrative Law Judge in this matter.
At the hearing, each party will have the right to present evidence, rebuttal testimony, and argument with respect to the issues and to cross-examine any witnesses. All parties shall bring to the hearing all documents, records, and witnesses needed to support their position. The attendance of witnesses or the production of documents may be compelled by a subpoena issued pursuant to Minn. R. 1400.7000. All parties may retain legal counsel for this proceeding, represent themselves, or be represented by another person of their choice, if such representation is not otherwise prohibited as the unauthorized practice of law.
The hearing will be conducted in accordance with Minn. Stat. §§ 14.57 - 14.69 and 363.071, Minn. R. 1400.5100 - 1400.8402 and the applicable portions of Minn. R. 5000.0050 - 5000.2400. Copies of those rules may be obtained from the Minnesota Book Store, 117 University Avenue, St. Paul, Minnesota 55155, telephone (612) 297-3000. The Rules of the Office of Administrative Hearings are also available at www.oah.state.mn.us.
Please be advised that the Office of Administrative Hearings conducts contested case proceedings in accordance with the Minnesota Rules of Professional Conduct and the Professionalism Aspirations adopted by the Minnesota Supreme Court.
Any party that intends to appear at the hearing is required by Minn. R. 1400.5700 to file a Notice of Appearance with the Administrative Law Judge within 20 days after service of this Notice. A copy must be sent to opposing counsel. A Notice of Appearance by an attorney can only be withdrawn in writing.
Please be advised that if "not public" data is admitted into evidence, it may become public data unless an objection is made and relief is requested under Minn. Stat. § 14.60, subd. 2.
If any party needs an accommodation for a disability in order to participate in this hearing process, such an accommodation can be made upon request. Examples of reasonable accommodations include wheelchair accessibility, an interpreter, or Braille or large-print materials. If any party requires an interpreter, the Administrative Law Judge must be promptly notified. To arrange an accommodation, contact the Office of Administrative Hearings at 100 Washington Square, Suite 1700, Minneapolis, MN 55401, or call 612-341-7610 (voice) or 612-341-7346 (TTY).
Dated this 18th day of December, 2002.
S/Kenneth A.
Nickolai
KENNETH A. NICKOLAI
Chief Administrative Law Judge
12-1700-15221-2
39559
STATE
OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF HUMAN RIGHTS
|
Jose Garcia,
Charging Party, vs.
City of Long Prairie Police,
Respondent. |
|
TO:Administrative Law Judge Steve M. Mihalchick, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401-2138:
PLEASE TAKE NOTICE that the party named below will appear at the prehearing conference and subsequent proceedings in the above-entitled matter.
Name, Address and Telephone Number of Party:
Party's Attorney, Office Address and Telephone Number:
Signature of Party or Attorney:
Date: