11-2000-16717-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF NATURAL RESOURCES
|
In the
Matter of the Appeal of the Off-Highway
Vehicle Trespass Citation Issued to Chase Elliot Suchomel |
NOTICE OF PREHEARING CONFERENCE AND
NOTICE OF HEARING |
PLEASE BE ADVISED that a prehearing
conference will be held by telephone conference call on Tuesday, July 26,
2005, beginning at 2:30 p.m. and continuing as long as necessary.
Participating in the prehearing
conference telephone call will be Barbara L. Neilson, the undersigned
Administrative Law Judge, whose office is located at 100 Washington Square,
Suite 1700, Minneapolis Minnesota 55401-2138, and whose
telephone number is 612-341-7604; the Conservation Officer who issued the
citation, Rita Frenzel, whose telephone number is 218-372-8158, and the
appellant herein, Chase Elliot Suchomel, whose telephone number is not known at
the present time. Mr. Suchomel is
directed to call Nancy Hansen, secretary to Judge Neilson, at 612-341-7652, as
soon as possible to provide her with a telephone number where he may be reached
for the conference call. The Judge will
place the conference call, using the telephone number listed above for Ms.
Frenzel and the number provided by Mr. Suchomel. If it is necessary to change the time or date
of the conference call or reach either of
you at a different telephone number,, please inform Ms. Hansen
immediately.
The purpose of the prehearing
conference telephone call is to determine the nature of the dispute that caused
the appeal, and to determine the best way to resolve it. The telephone call is expected to last about
15 to 30 minutes. If the appeal cannot
be resolved during the telephone call itself, then the Judge will set a time
for a hearing. The Judge will also
decide whether the hearing shall be held by telephone or in person.
The citation which is being appealed
was issued pursuant to Minnesota Statute Sections 84.90 and 97B.002. Subdivision 3
of section 97B.002 provides that, if a person requests a hearing in order to
appeal a citation, the hearing shall be held pursuant to procedures set forth
in Minnesota Statutes section 116.072, subd. 6.
That statute provides an expedited administrative hearing process, and
refers to Minnesota Rules, parts 1400.8510 to 1400.8612. These are the rules which will govern the
conduct of this appeal. Copies of these
statutes and rules may be obtained from the Documents Section of the Department
of Administration,
It is not necessary that a person have an attorney in order to participate in this case. They may, however, choose to be represented by legal counsel or any other representative of their choice. If you choose to be represented by an attorney, please have your attorney file a Notice of Appearance with the Judge and notify Ms. Hansen of the attorney’s telephone number to ensure that the attorney may also participate in the conference call.
The decision in this case will be based only on
factual information or evidence that is part of the hearing record. Persons participating in the hearing should
have available at the time of the hearing all documents, records, witnesses and
any other evidence they need to present their position. Subpoenas may be available to compel the
attendance of witnesses or other production of documents. See Minnesota Rules part 1400.8601 for
the procedures regarding subpoenas. Any
person other than Officer Frenzel and Mr. Suchomel who desires to become a
party to this case must submit a timely petition to intervene pursuant to Minn.
Rules part 1400.8570.
After the hearing is over, the Administrative Law
Judge will issue a recommended decision.
A copy will be sent to each party and to the Commissioner. After
allowing at least five days to pass, the Commissioner will issue a final order. During the five-day period, the parties may
file comments with the Commissioner regarding the recommended decision.
Failure to participate in the prehearing conference
telephone call or failure to appear at the hearing will result in the citation
being upheld and the fine having to be paid within thirty (30) days of the
issuance of the Commissioner's final decision, with no further opportunities for
administrative appeal.
Appeal hearings should be limited to cases where there
is a legitimate, good faith disagreement about the facts or the law. Minnesota Statutes Section 116.072, subd.
6(d), provides that, if the Administrative Law Judge finds that a hearing was
requested solely for purposes of delay or that the hearing request was
frivolous, the costs of holding the hearing may be added to the amount of the
fine.
Questions concerning settlement of
this matter may be directed to the issuing officer or Pat Watts, Policy/Legal
Analyst, Minnesota Department of Natural Resources,
If any party has good cause for requesting a delay of the prehearing conference or the hearing, the request must be made in writing to the Administrative Law Judge at least five (5) days prior to the prehearing conference or hearing. A copy of the request must be served on the other party.
If you need an accommodation in order to participate in this hearing process, please call: (612) 341-7610 (voice) or (612) 341-7346 (TTD).
Dated: July 6, 2005 /s/Barbara L. Neilson
BARBARA L. NEILSON
Administrative Law Judge