October 6, 2005
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Gene Merriam, Commissioner Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4047 |
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Re: In the Matter of the Appeal of the All-Terrain Vehicle Citation Issued to Amanda Jean Haag
Citation No. 67344
OAH Docket No. 12-2000-16718-2
Dear Commissioner Merriam:
An administrative appeal hearing on the trespass citation listed above was held on October 5, 2005. The hearing was conducted by telephone and taped by the Administrative Law Judge. Lt. Rita Frenzel and Amanda Haag participated in the conference.
The law requires the final decision in this matter to be made by the Commissioner or his designee. The law[1] further requires that the Commissioner wait at least five days after receipt of this recommendation before making that final decision and allow Ms. Haag to submit comments to the Commissioner on this recommendation within that five-day period. The Commissioner must send a copy of his final decision to Ms. Haag. If the Commissioner fails to act within 90 days after the record before the Commissioner closes, this recommendation will become the final decision in this matter.[2]
On May 29, 2005, Lt. Frenzel was patrolling in and around the General Andrews State Forest in Northern Pine County in an area known as the “wallow.” Lt. Frenzel observed two ATV’s in a restricted area of the wallow. One of the ATVs was on a causeway. The other ATV appeared to be stuck off to the side of the causeway. Both ATVs were beyond the sign posting the boundary of the restricted area. Lt. Frenzel approached the vehicle on the causeway and spoke to the rider, Amanda Haag. The other rider, Ms. Haag’s companion said he was helping Ms. Haag and that he knew he was beyond the sign. Lt. Frenzel explained that they could not be in the restricted area with ATVs. She pointed to the sign. Ms. Haag acknowledged the presence of the sign on the day of the citation and again during the telephone hearing. Lt. Frenzel issued a citation to Ms. Haag but not to her companion who said he was helping.
Ms. Haag agrees that she went beyond the restricted area boundary sign but argues that she and her companion had permission to ride on adjoining private lands and that the sign posting the boundary of the restricted area was in weeds and obscured by mud.
Photographs of the relevant area of the wallow, showing the location of sign were taken on May 28th, the day before the citation and on June 12, 2005 were provided to the parties and received into evidence. Both photographs show the presence of an orange “Restricted Area” sign. An aerial photograph was also received in evidence. Lt. Frenzel marked the photograph to show the approximate location of Ms. Haag and the ATV she was riding. Ms. Haag does not dispute the location of her ATV as represented on the photography
Based on the record, I find that Ms. Haag committed the violation for which she was cited. Therefore, Civil Citation No. 67344 was properly issued and should be affirmed.
I am closing our file in this matter. The record is enclosed.
Sincerely,
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s/Steve M. Mihalchick |
STEVE M. MIHALCHICK
Administrative Law Judge
612-349-2544
cc: Amanda Haag
Lt. Frenzel
Pat Holt, DNR Enforcement