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7-1902-17437-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF LABOR AND INDUSTRY
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In the Matter of John Wayne Benson |
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION |
The above matter came on for a Prehearing Conference
before Administrative Law Judge Richard C. Luis on September 5, 2006 at 1:30
p.m. at the Office of Administrative Hearings in
Christopher M. Kaisershot, Assistant Attorney
General, 1200
Whether disciplinary action
should be taken against Respondent John Wayne Benson for engaging in unlicensed
real estate building contractor, residential remodeler, and/or roofer
activities in violation of Minn. Stat. §§
326.84, subds. 1 and 1b, 326.842 and 326.91, subds. 1(5) and 4, for violation
of a Cease and Desist Order issued by the Department in violation of Minn.
Stat. § 326.91, subds. 1(5) and
4, for holding himself out as a licensed contractor and thus engaging in
fraudulent, deceptive or dishonest practices in violation of Minn. Stat. § 326.91, subds. 1(2) and 4 and
Based on all the proceedings herein, the Administrative Law Judge makes the following:
1. On August 4, 2006, a Notice of and Order
for Hearing, Order for Prehearing Conference, and Statement of Charges was
mailed to the Respondent at his last known address – John Wayne Benson,
2. The Notice of and Order for Hearing, Order for Prehearing Conference and Statement of Charges contains the following language, on page 4:
1. Respondent’s failure to appear at the prehearing conference may result in a finding that Respondent is in default, that the Department’s allegations contained in the Statement of Charges may be accepted as true, and that its proposed disciplinary action may be upheld.
3. The Respondent did not appear at the September 5, 2006 Prehearing Conference. He did not contact the Department, the Office of the Attorney General or the Administrative Law Judge to request a continuance. No Notice of Appearance was filed by the Respondent.
4. The allegations as set forth in the Notice of and Order for Hearing, Order for Prehearing Conference and Statement of Charges are deemed proved and are incorporated into these Findings by reference.
Based on the Findings of Fact, the Administrative Law Judge makes the following:
1. The Administrative Law Judge and the Commissioner of Labor and Industry have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50, 326.91 and 326.92.
2. The Respondent was given timely and proper notice of the Prehearing Conference in this matter, and the Department has complied with all procedural requirements of law and rule.
3.
Under
4.
Under
5.
Based on the facts set out in the Notice of and
Order for Hearing, Order for Prehearing Conference, Order to Show Cause and
Statement of Charges, the Respondent has violated Minn. Stat. §§ 326.84, subds. 1 and 1b, 326.842
and 326.91, subds. 1(5) and 4 by engaging in unlicensed residential building
contractor, residential remodeler, and/or roofer activities, and has violated
Minn. Stat. § 326.91, subds.
1(5) and 4 by violation of a Cease and Desist Order issued by the Commissioner
on December 1, 2005, and has violated Minn. Stat. § 326.91, subds. 1(2) and 4 and
6. An Order by the Commissioner of Labor and Industry imposing disciplinary action against the Respondent would be in the public interest within the meaning of Minn. Stat. §§ 45.027, subd. 7(1) and 326.91, subd. 1.
Based on the Conclusions, the Administrative Law Judge makes the following:
IT IS RECOMMENDED that appropriate disciplinary action be taken against John Wayne Benson.
Dated this _4th_ day of October, 2006.
_/s/
Richard C. Luis_____
RICHARD
C. LUIS
Administrative
Law Judge
Reported: Default
NOTICE
This report is a
recommendation, not a final decision. The
Commissioner of Labor and Industry will make the final decision after a review
of the record. The Commissioner may
adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations. Under Minn. Stat. § 14.61, the final decision
of the Commissioner shall not be made until this Report has been made available
to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party
adversely affected by this Report to file exceptions and present argument to
the Commissioner. Parties should contact
Nancy Leppink, Director of Legal Services, Minnesota Department of Labor and
Industry,
If the Commissioner fails to issue a final decision within 90 days of the close of the record, this report will constitute the final agency decision under Minn. Stat. § 14.62, subd. 2a. In order to comply with this statute, the Commissioner must then return the record to the Administrative Law Judge within 10 working days to allow the Judge to determine the discipline to be imposed. The record closes upon the filing of exceptions to the report and the presentation of argument to the Commissioner, or upon the expiration of the deadline for doing so. The Commissioner must notify the parties and the Administrative Law Judge of the date on which the record closes.
Under Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail or as otherwise provided by law.
R. C. L.