July 19, 2005

 

 

 

 

Daniel S. McGrath, Esq.

Steingart, McGrath & Moore, P.A.

3300 Edinborough Way, Suite 601

Minneapolis, MN 55435

 

 

Michael J. Tostengard

Assistant Attorney General

1200 Bremer Tower

445 Minnesota Street

St. Paul, MN 55101-2130

 

 

Bob Angen

c/o Bob Angen Construction Services

6604 Parkwood Road

Edina, MN 55436

 

 

          Re:     In the Matter of Bob Angen, d/b/a Bob Angen Construction Services;

                    OAH Docket No. 7-1902-16450-2

 

 

Dear Counsel and Mr. Angen:

 

          Please take note that I have reviewed the tape of the evidentiary hearing in this matter and the written submission by Mr. McGrath, on behalf of Mr. Angen, which submission includes a request that the hearing in this matter be reconvened. After taking the question under advisement, I have decided that this matter will NOT be RECONVENED, and that Counsel’s request is DENIED.

 

The request to reconvene is denied because nothing in counsel’s submission indicates that Mr. Angen’s testimony would differ in any material way from the testimony he presented at the hearing without benefit of counsel already.  It was made clear also in my instructions to Mr. Angen when I granted him leave to seek counsel that counsel’s submission back to me had to include a commitment that counsel would in fact represent Mr. Angen at a reconvened hearing, and that commitment is absent from the document I received.  I will honor counsel’s request, and consider the arguments made in his submission when I take the matter under advisement.

 

 

 

          I have contacted Mr. Tostengard, and Mr. Tostengard indicates that he will have no further comment other than the arguments he made at the hearing.  Since Mr. Tostengard will not be filing any further written argument in response to the arguments filed by Mr. McGrath, the hearing record is closed.

 

          Thank you for your cooperation.

 

                                                                      Very truly yours,

                                                                      /s/ Richard C. Luis

 

                                                                      RICHARD C. LUIS

                                                                      Administrative Law Judge

 

                                                                      Telephone: (612) 349-2542

RCL:mo