|
|
7-1902-17508-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF LABOR AND INDUSTRY
|
In the Matter of Robert James Duffy |
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION |
The above matter came on for a Prehearing Conference
before Administrative Law Judge Steve M. Mihalchick (substituting for the
undersigned Administrative Law Judge) at 3:30 p.m. on October 26, 2006, at the
Office of Administrative Hearings in
Whether disciplinary action should be taken against Respondent
Robert James Duffy for violation of Minn. Stat. §§ 326.84, subd. 1 and subd. 2
and 326.842 by engaging in unlicensed residential building contractor activities,
and Minn. Stat. § 326.91,
subd. 1(2) and
Based on all the proceedings herein, the Administrative Law Judge makes the following:
1. On September 15, 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 – 1932 Cedar Drive, New Brighton, MN 55112. The Notice scheduled a Prehearing Conference for October 26, 2006.
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 October 26, 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 Licensee.
4. The allegations 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 herein 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, and Statement of Charges,
the Respondent has violated Minn. Stat. §§
326.84, subds. 1 and 1b and 326.842, Minn. Stat. § 326.91, subd. 1(2),
6. An Order by the Commissioner of Labor and Industry imposing disciplinary action against the Respondent is 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 Robert James Duffy.
Dated this 22nd day of November, 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 reviewing the record and may adopt, reject or
modify these Findings of Fact, Conclusions, and Recommendations. Under Minn. Stat. § 14.61,[1] the
Commissioner’s decision shall not be made until this Report has been available
to the parties to the proceeding for at least ten (10) 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, 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. 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. If the Commissioner fails to issue a final decision within 90 days of the close of the record under Minn. Stat. § 14.61, this report becomes a final decision. In order to comply with Minn. Stat. § 14.62, subd. 2a, 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.