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OAH 16-1900-20684-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF LABOR AND INDUSTRY
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In the Matter of the Administrative
Order issued to Jeffrey Songer, individually and d/b/a Songer Plumbing |
NOTICE OF
PREHEARING CONFERENCE
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PLEASE
BE ADVISED that a prehearing conference will be held by telephone conference call
on Monday, August 17, 2009, beginning at 11:00 a.m. and continuing as long as
necessary.
Participating
in the prehearing conference telephone call will be Manuel J. Cervantes, the
undersigned Administrative Law Judge (“ALJ”), whose office is located at 600 North
Robert Street, PO Box 64620, St. Paul, Minnesota 55164-0620, and whose
telephone number is 651-361-7945; Wendy Willson Legg, Assistant General Counsel,
(651) 284-5126 and the appellant herein, Jeffrey Songer, whose telephone number
is (507)
895-6181, and/or his designated attorney.
The
Judge will place the call, using these telephone numbers. If yours is not a good telephone number to
use at that time or if it is necessary to change the time, please contact the ALJ
immediately at the telephone number above, and advise the ALJ of any scheduling
issue(s).
The
purpose of the prehearing conference telephone call is to determine the nature
of the dispute that caused the appeal, and to determine the best way to resolve
it. The telephone call is expected to
last about fifteen (15) minutes, and no more than thirty (30) minutes. If the appeal cannot be resolved during the
telephone call itself, then the parties are to utilize the schedule set forth
below.
The administrative
order which is being appealed was issued pursuant to Minn. Stat. § 326B.46
(2008). Minn. Stat. § 326B.082, subd.
8, provides that if a person requests a hearing in order to appeal the administrative
order, the hearing shall be held pursuant an expedited administrative hearing
process, contained in Minn. R. 1400.8510 to 1400.8612. These are the rules which will govern the
conduct of this appeal. Copies of the
above-referenced statutes and rules may be obtained from
IF
THE MATTER IS NOT RESOVED AT THE PREHEARING CONFERENCE THEN, IT IS HEREBY
ORDERED THAT:
1.
By 4:30 p.m. on Thursday, September 3, 2009, each party
will file and serve copies of the pre-labeled exhibits that it proposes to
offer into the hearing record. The
Department of Labor and Industry shall label its exhibits sequentially using
numbers. Songer Plumbing shall label its
exhibits sequentially using letters.
2.
By 4:30 p.m. on Thursday, September 3, 2009, each party
will file and serve a list of the witnesses that it intends to call at the
evidentiary hearing.
3.
By 4:30 p.m. on Thursday, September 10, 2009, the
parties will file and serve a statement (under Minn. R. 1400.6950 (2))
detailing any objection to the foundation of a written exhibit.
4.
A hearing in this
matter will be held at the Heritage Room, 2nd Floor,
Dated: July 29, 2009
s/Manuel
J. Cervantes
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MANUEL J. CERVANTES Administrative Law Judge |