September 22, 2010
|
Charles H. Thomas Attorney at Law Services |
Cara M. Hawkinson Assistant Attorney General |
Re: In the Matter of the Appeal of Barbara Williams Regarding the Determination of Maltreatment, Disqualification from Direct Contact, and Order of License Revocation; OAH Docket No. 11-1800-21476-2
Dear Counsel:
This letter will confirm our discussions during the
prehearing conference held by telephone in the above matter on September 20,
2010, and constitutes the First Prehearing Order in this contested case
proceeding.
1. During
our conference, Ms. Hawkinson indicated that she would send Mr. Thomas a copy
of the Department’s file relating to this matter later that day.
2. At the
suggestion of the Administrative Law Judge, the Department will file in the
near future an Amended Notice of Hearing clarifying the statutes and rules it
alleges were violated by the Respondent.
3.
The Motion to Dismiss
filed on behalf of Ms. Williams will be treated as a Motion for Summary
Disposition and will be taken under advisement at this
time.
Both parties will be
afforded a
Letter to C. Thomas and C. Hawkinson
September 22, 2010
Page Two
further opportunity to address that motion during the
hearing and in argument filed before or after the hearing (at the discretion of
the parties), and the Administrative Law Judge will include a ruling on the motion
in the Report she prepares following the hearing.
4.
By September 30,
2010, the parties shall exchange initial proposed exhibit and witness lists
relating to this case and, by October 5, 2010, the parties shall exchange
amended witness and exhibit lists. The
witness lists shall include a brief summary of the expected testimony of each
witness. If any documents identified as
exhibits have not yet been exchanged, copies shall be provided with the exhibit
lists. Exhibits shall be premarked by
the parties using numbers rather than letters.
5.
Pursuant to
Minn. R. 1400.6950, subp. 2, any party objecting to the foundation for any
written exhibit must notify both the offering party and the Administrative Law
Judge in writing at least two working days before the hearing or the foundation
objection is waived.
6.
The hearing in
this matter shall be held on October 14, 2010, beginning at 9:30 a.m. in the
courtrooms of the Office of Administrative Hearings,
7.
The hearing
shall be digitally recorded unless the parties notify the Administrative Law
Judge by October 7, 2010, that they will require the services of a court
reporter.
Please do not hesitate to contact me if you believe that an additional
prehearing conference or telephone conference call prior to the hearing would
be helpful.
Sincerely,
s/Barbara L. Neilson
BARBARA
L. NEILSON
Administrative
Law Judge
Tel.: (651) 361-7845