April 17, 2002
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Allen Garber, Commissioner MN Dept. of Natural Resources 500 Lafayette Rd. St. Paul, MN 55155 |
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RE: In the Matter of the Appeal of the Trespass Citation Issued to Roger James Michael Green, Citation Numbers 42442, OAH Docket Number 15-2000-14619-2.
Dear Commissioner Garber:
On January 8, 2002, a prehearing conference was held in this matter by telephone. James M. Green and Conservation Officer Randy Posner participated.
The facts are as follows: On November 3, 2001, Mr. Green went on to property belonging to Cecelia Riedl in the city limits of Nisswa, MN. to recover a deer that Mr. Green had shot. The property was posted to prevent hunting. Mr. Green admits that he entered the land to recover the deer, and he has apologized to Ms. Riedl and agreed that he will not enter her property again without permission.
Officer Posner has spoken with Ms. Riedl who agreed that the citation could be reduced to a warning so long as Mr. Green agreed to stay off her property. A letter drafted by Officer Posner and signed by Mr. Green to that effect is in the file.
Accordingly, Officer Posner has issued a warning to Mr. Green, and agreed that the citation may be dismissed. See the enclosed.
IT IS HEREBY RECOMMENDED: that the Commissioner DISMISS the citation issued to Mr. Green on November 3, 2001.
Allan Garber, Commissioner
4/16/02
Page 2
Pursuant to Minn. Stat. § 116.072, subd. 6(e), the Commissioner may not issue a final order until at least five days after receipt of the report of the Administrative Law Judge. The persons to whom the order is issued may, within those five days, comment to the Commissioner and the Commissioner will consider the comments. The final order of the Commissioner may be appealed.[1]
Sincerely,
BEVERLY JONES HEYDINGER
Administrative Law Judge
Telephone: 612/341-7606
BJH:cr
cc: James M. Green
Officer Posner