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OAH 2-1800-20486-2 |
STATE OF
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF
HUMAN SERVICES
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In the Matter of the
Appeal of the Maltreatment Determination and Order to Forfeit a Fine of New |
PREHEARING
ORDER |
A prehearing conference was held on June 12,
2009, by telephone. Cara M. Hawkinson,
Assistant Attorney General, appeared on behalf of the Department of Human
Services. Thomas J. Hunziker, Dunkley
and Bennett, P.A., and Jill J. Gilbertson, Esq., appeared on behalf of
IT IS HEREBY ORDERED:
1.
Discovery
shall be completed by August 7, 2009.
2.
By August
24, 2009 the parties shall identify persons expected to be called as expert
witnesses.
3.
By August
24, 2009 the parties shall file a
statement describing the subject matter of expected expert testimony, the
substance of the facts and opinions to which the expert is expected to testify,
and provide a summary of the grounds for each opinion, any report prepared by
the expert for this matter, and a curriculum vitae for the expert.
4.
Any
dispositive motions shall be served by August 24, 2009 and the responding party
shall have ten working days to respond.
5.
This
matter is scheduled for hearing on September
14 and 15, 2009, commencing at 9:00
a.m. at the Office of Administrative Hearings,
6.
The
parties shall exchange proposed written exhibits and witness lists and file an
index of exhibits and a copy of the witness list with this office by September
4, 2009. To the extent possible, the
parties shall enter into prehearing stipulations regarding the facts involved
in the hearing and foundation for anticipated exhibits. Any party objecting to foundation for any
written exhibit must notify the offering party and judge in writing at least
two working days prior to the hearing or the foundation objection is waived.
7.
In the
event that either side requests a court reporter, notice shall be given to the
Office of Administrative Hearings no later than September 4, 2009.
8.
A second
telephonic prehearing conference is scheduled for August 7, 2009, at 10:00 a.m.
9.
Requests
for subpoenas for the attendance of witnesses or the production of documents
shall be made in writing to the administrative law judge pursuant to Minn.
R. 1400.7000. A copy of the
subpoena request shall be served on the other parties. A subpoena request form is available at
www.oah.state.mn.us.
10.
The
parties have not requested accommodation for a disability or appointment of an
interpreter. The Office of
Administrative Hearings shall be notified promptly if either an accommodation
or interpreter is needed.
11.
This
case may be appropriate for mediation.
The parties are encouraged to promptly consider requesting the Chief
Administrative Law Judge to assign a mediator so that mediation can be
scheduled promptly.
Dated: June 15, 2009
s/Raymond
R. Krause
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RAYMOND R. KRAUSE Chief Administrative Law Judge |