11-1902-17424-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF LABOR AND INDUSTRY

In the Matter of Kabanuk Contracting, Inc.

FIRST PREHEARING ORDER

A prehearing conference was held in the above matter on September 22, 2006. Michael J. Tostengard, Assistant Attorney General, 445 Minnesota Street, Suite 1200, St. Paul, MN 55101-2130, appeared on behalf of the Department of Labor and Industry. Kenneth Kabanuk, 1100 Flintwood Street South, Isanti, MN 55040, appeared on behalf of the Respondent, Kabanuk Contracting, Inc., P.O. Box 209, 43890 Ginger Avenue, Harris, MN 55032.

Based upon discussions during the prehearing conference, IT IS HEREBY ORDERED as follows:

1. The parties shall exchange and file proposed exhibit and witness lists by December 22, 2006. The witness lists shall include a brief summary of the expected testimony of each witness.

2. The hearing in this matter shall be held on Tuesday, January 9, 2006, commencing at 9:30 a.m. in the courtrooms of the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota 55401. The hearing will be tape-recorded unless the parties notify the Administrative Law Judge by January 2, 2006, that they will require the services of a court reporter at the hearing.

3. The parties shall appear at the hearing with at least three copies of each exhibit they plan to offer into evidence.

Dated: September 22, 2006.

s/Barbara L. Neilson

BARBARA L. NEILSON

Administrative Law Judge