|
|
|
|
|
OAH 3-1902-19224-2 DOLI File No. BC2702436/GJL |
STATE
OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF LABOR AND INDUSTRY
|
In the Matter of Edward B. Hoffman, individually and d/b/a Hoffman Remodeling Design |
FINDINGS OF FACT,
CONCLUSIONS AND RECOMMENDATION |
The above-entitled matter came before
Administrative Law Judge Kathleen D. Sheehy for a prehearing conference at 1:30
p.m. on November 6, 2007, at the Office of Administrative Hearings,
Christopher M. Kaisershot, Assistant Attorney General, 1200
Edward B. Hoffman, d/b/a Hoffman Remodeling Design,
STATEMENT OF ISSUES
The issues presented in this case are
whether the Respondent is subject to discipline and/or civil penalties because:
1. Respondent
performed negligently or in breach of contract on a remodeling project in
2. Respondent
failed to respond to the Department’s information requests, in violation of
Minn. Stat. §§ 45.027, subds. 1a and 7(a)(3), and 326.91, subd. 1(5) (2006).
Based upon all of the files, records and proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1.
On September 24, 2007, the Department sent by first class
mail a copy of the Notice and Order for
Hearing, Order for Prehearing Conference, Order to Show Cause, and Statement of
Charges
(Notice and Order for Hearing) to Edward B. Hoffman, d/b/a Hoffman Remodeling
Design,
2.
The Notice and Order for Hearing scheduled a prehearing
conference in this matter at 1:30 p.m. on November 6, 2007, at the Office of
Administrative Hearings,
3.
The Notice and Order for Hearing specifically notified the
Respondent that failure to appear at the prehearing conference or hearing 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 the Commissioner, including
revocation, suspension, censure, or the imposition of civil penalties.[2]
4.
The Respondent did not appear for the prehearing conference,
nor did Respondent contact the Administrative Law Judge prior to the hearing to
seek a continuance or request any other relief.
5.
Because Respondent failed to appear for the prehearing
conference, he is in default.
6.
Pursuant to Minn. R. 1400.6000, the allegations contained in
the Notice and Order for Hearing are taken as
true and incorporated by reference into these Findings of Fact.
Based
upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1.
The Administrative Law Judge and the Commissioner are
authorized to consider the charges against Respondent under Minn. Stat. §§
14.50, 326.91, and 326.92, subd. 3 (2006).
2.
Respondent received due, proper and timely notice of the
charges against him and of the time and place of the hearing. This matter is, therefore, properly before
the Commissioner and the Administrative Law Judge.
3.
The Department has complied with all relevant procedural
legal requirements.
4.
Under Minn. R. 1400.6000, a contested case may be decided
adversely to a party who defaults. On
default, the allegations set out in the Notice and Order for Hearing or other
pleadings may be taken as true or deemed proved without further evidence.
5.
The Respondent is in default as a result of his failure to
appear at the prehearing conference.
6.
Respondent performed negligently or in breach of contract on
a remodeling project in
7.
Respondent failed to respond to the Department’s requests
for information, in violation of Minn. Stat. §§ 45.027, subds. 1a and 7(a)(3),
and 326.91, subd. 1(5) (2006).
8.
Disciplinary
action against the Respondent is in the public interest.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:
IT IS HEREBY
RECOMMENDED: that the Commissioner take disciplinary action against the
Respondent.
Dated: November 8, 2007.
|
s/Kathleen D. Sheehy |
|
KATHLEEN D. SHEEHY |
|
Administrative Law Judge |
Reported: Default
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 Recommendation. Under Minn. Stat. § 14.61, 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 Steve Sviggum,
Commissioner, Department of Labor and Industry,
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, 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.