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OAH 7-1902-18040-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF LABOR AND INDUSTRY
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In the Matter of Harlan Leonard Harris, individually, and d/b/a Rent-A-Husband |
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION |
This matter came on for a Prehearing
Conference before Administrative Law Judge Richard C. Luis on June 27, 2007, at
the Office of Administrative Hearings in
1. Whether disciplinary action should be taken against Respondent Harlan Leonard Harris, d/b/a Rent-A-Husband, for engaging in unlicensed residential building contractor or remodeler activities in violation of Minn. Stat. §§ 326.84, subds. 1 and 1b, and 326.91, subds. 1(5) and 4, and for violating a Cease and Desist Order in violation of Minn. Stat. § 326.91, subds. 1(5) and 4?
Based on the proceedings herein, the Administrative Law Judge makes the following:
1. On May 16, 2007, 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 – Harlan Leonard Harris, Rent-A-Husband, 1020 21st Pine Lane, Cambridge, MN 55008. The Notice scheduled a Prehearing Conference for June 27, 2007.
2. The Notice of and Order for Hearing, Order for Prehearing Conference, and Statement of Charges contains the following language, on page 3:
1. Respondent’s failure to appear at the prehearing conference, settlement conference, or the hearing, or failure to comply with any order of the Administrative Law Judge, 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 Respondent may be subject to discipline by Commissioner, including the imposition of civil penalties.
3. The Respondent did not appear at the June 27, 2007 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 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 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 326.91, subds. 1(5) and 4. As a result, he is subject to discipline by the Minnesota Department of Labor and Industry.
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(a)(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 Harlan Leonard Harris, d/b/a Rent-A-Husband.
Dated this _20th_ day of July, 2007
_/s/
Richard C. Luis _
RICHARD
C. LUIS
Administrative
Law Judge
Reported: Default
This report is a
recommendation, not a final decision.
The Commissioner of the Minnesota Department 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
Steve Sviggum, Commissioner, 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.