7-1902-19493-2

Agency No. BC2703522/CRD

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE DEPARTMENT OF LABOR AND INDUSTRY

 

 

In the Matter of ICF Technologies, Inc.

FINDINGS OF FACT,

CONCLUSIONS AND

RECOMMENDATION

 

          This matter came on for Prehearing Conference before Administrative Law Judge (ALJ) Richard C. Luis at the Office of Administrative Hearings in St. Paul on April 3, 2008.  Christopher M. Kaisershot, Assistant Attorney General, 1200 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2130, appeared on behalf of the Minnesota Department of Labor and Industry (Department).  There was no appearance by or on behalf of the Respondent, ICF Technologies, Inc.  The hearing record closed at the conclusion of the Prehearing Conference on April 3, 2008.

STATEMENT OF THE ISSUE

          Whether disciplinary action should be taken against the Respondent because of failure to satisfy three civil judgments in an amount totaling over $47,000.00, in violation of Minn. Stat. §§ 326.91, subds. 1(6) and 1(12), and 326B.84, subd. 1(15) (2007)?

Based on the proceedings herein, the Administrative Law Judge makes the following:

FINDINGS OF FACT

1.               On February 21, 2008, the Department sent by first class mail a copy of the Notice of and Order for Hearing, Order for Prehearing Conference, Order to Show Cause, and Statement of Charges (Notice) to the Respondent at 7731 Main Street Northeast, Fridley, MN 55432, and to its qualifying person, Gary High, at 11958 Blackfoot Street Northwest, Coon Rapids, MN 55433.

2.               The Notice scheduled a Prehearing Conference at the Office of Administrative Hearings at 2:30 p.m. on April 3, 2008. There was no appearance by or on behalf of the Respondent at that time and place.

3.               The Notice contained the following language, at page 4:

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 the Commissioner, including revocation, suspension, censure, or the imposition of civil penalties.

4.               The Respondent did not contact the Administrative Law Judge, the Office of Attorney General or the Department prior to the hearing to seek a continuance or request any other relief.

5.               Because the Respondent failed to appear at the Prehearing Conference, it is in default.

6.               Pursuant to Minn. R. 1400.6000, the allegations contained in the Notice of and Order for Hearing, Order for Prehearing Conference, Order to Show Cause and Statement of Charges are taken as true and incorporated by reference into these Findings of Fact.

Based on the Findings of Fact, the Administrative Law Judge makes the following:

CONCLUSIONS

1.               The Administrative Law Judge and the Commissioner of Labor and Industry have jurisdiction in this matter under Minn. Stat. §§ 14.50, 45.027, and 326.91.

2.               The Notice of Hearing was proper, and the Department has complied with all procedural requirements.

3.               Under Minn. Rule 1400.6000, a contested case may be decided adversely to a party who defaults.  Upon default, the allegations set out in the Notice of and Order for Hearing and other pleadings may be taken as true or deemed proved without further evidence.

4.               The Respondent is in default as a result of its failure to appear at the hearing.

5.               Disciplinary action against the Respondent is in the public interest within the meaning of Minn. Stat. § 45.027, subd. 7(a)(1).

          Based on the Conclusions, the Administrative Law Judge makes the following:

RECOMMENDATION

          IT IS RECOMMENDED that the Commissioner of Labor and Industry take appropriate disciplinary action against the Respondent.

 

Dated this _30th_ day of April, 2008

 

 

                                                                      /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 Steve Sviggum, Commissioner, Attn:  Nancy Leppink, Director of Legal Services, Minnesota Department of Labor & Industry, 443 Lafayette Road, St. Paul, MN 55155, to learn the procedure for filing exceptions or presenting argument.

 

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.