OAH Docket No. 3-1900-17862-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE COMMISSIONER OF LABOR AND INDUSTRY

 

In the Matter of M. Scott Brener, Commissioner, Department of Labor and Industry, v. John Richardson, QRC #656

PROTECTIVE ORDER

 

 

          Upon the request of the Department of Labor and Industry, and pursuant to Minn. Stat. §§ 13.03, subd. 6, and 14.60, subd. 2, and Minn. R. 1400.6700, subp. 4, it is ordered that:

 

1.              Disclosure of not public data is permitted in the course of this matter, but is limited to parties, counsel of record, employees assisting counsel, and representatives and witnesses of the parties to the extent necessary to prepare and present claims and defenses.

 

2.                John Richardson and his attorney, and any of his representatives or witnesses, may not disclose any data encompassed by this order to persons other than those mentioned above, and must return all data released pursuant to this order to counsel for the Department at the conclusion of this matter.

 

3.                The data encompassed by this order may be used only in this proceeding and not for any other purpose, including collateral litigation, unless otherwise ordered by a district court.

 

          4.        Notwithstanding Minn. Stat. § 13.46, subds. 3 or 4(e), data identifying injured employees with whom Mr. Richardson worked shall not become public data by virtue of having been submitted in this proceeding and shall remain not public after the conclusion of this hearing.  In preparation for and during the hearing, the parties may refer to names of individuals involved and will have access to documents containing private information.  Unless the Administrative Law Judge determines that it is in the best interest of these witnesses, the record will not be sealed. 

 

          5.        The hearing in this matter is presumed open.  If there is testimony by a witness whose identity is private data, that portion of the hearing shall be closed.  If a transcript is ordered, the names of these witnesses shall be redacted and replaced by non-identifying initials or aliases.

 

 

Dated:  April 12, 2007

 

 

                                                                      s/Kathleen D. Sheehy

                                                                      ____________________

                                                                      KATHLEEN D. SHEEHY

                                                                      Administrative Law Judge