OAH DOCKET NO. 3-2000-16876-2
OAH DOCKET NO. 3-2000-16898-2
STATE
OF
OFFICE
OF ADMINISTRATIVE HEARINGS
FOR
THE DEPARTMENT OF NATURAL RESOURCES
|
In the
Matter of the Appeal of the ATV Operation and Civil Citation Issued to Citation No.
66307 In the
Matter of the Appeal of the ATV Operation and Civil Citation Issued to
Kenneth Vannett Citation No.
66306 |
AMENDED NOTICE
OF PREHEARING CONFERENCE AND NOTICE OF HEARING |
PLEASE BE ADVISED that a prehearing conference will be held by telephone conference call on November 10, 2005, beginning at 3:00 p.m. and continuing as long as necessary.
These matters have been consolidated. The parties in this matter, Conservation Officer Colleen Adam, Conservation Officer Mike Lawrence, Lt. Phil Meier, and Appellants Kent Devan Knacke and Kenneth Vannett, must call into the conference number 651-284-3547 at the scheduled time. Follow the directions given by the system. When it asks for the meeting number, enter 6876 followed by the “#” sign. If the scheduled date or time is inconvenient, please contact the Administrative Law Judge as soon as possible to request rescheduling.
The purpose of the prehearing conference is to determine the nature of the dispute that caused the appeal, and to determine the best way to resolve it. The telephone call should last about fifteen (15) minutes. If the appeal cannot be resolved during the prehearing conference, the Administrative Law Judge will set a date for a hearing. The Administrative Law Judge will also decide whether the hearing shall be held by telephone or in person.
The
civil citation being appealed was issued pursuant to Minn. Stat. § 84.928. Minnesota Statute section 84.775, subd. 1(3),
permits a conservation officer to issue a civil citation to a person who
operates an all-terrain vehicle in violation of this section. Subdivision 2 of that statute 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 Minn. Stat. § 116.072. That statute provides an expedited
administrative hearing process and refers to Minnesota Rules, parts 1400.8510
to 1400.8612. Those rules will govern
the conduct of this appeal. Copies of
the statutes and rules may be obtained from the Minnesota Bookstore,
It is not necessary to have an attorney in order to participate in this case. Parties may, however, choose to be represented by legal counsel or any other representative of their choice.
After the hearing, the Administrative Law Judge will issue a recommended decision to the Commissioner of Natural Resources. After at least five days, the Commissioner will issue the final order. During the five-day period, the parties may file comments with the Commissioner regarding the recommended decision.
The Administrative Law Judge and the Commmissioner must base their decisions only on factual information that is part of the hearing record. During the hearing, the parties must have available all documents, witnesses, and any other evidence they need to present their position. Subpoenas may be available to compel the attendance of witnesses or production of documents. See Minn. Rules 1400.8601 for the procedures regarding subpoenas.
If Appellants fail to call in to the prehearing conference telephone call or fail to appear at the hearing, the citation will be upheld and the fine will have to be paid within 30 days of the issuance of the Commissioner’s final decision, with no further opportunities for administrative appeal.
It is likely that an appeal hearing will cost the taxpayers more than the amount of the fine imposed by the citation. Therefore, appeal hearings should be limited to cases where there is a legitimate, good faith disagreement about the facts or the law. The statute (§ 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 Administrative Law
Judge at 612/349-2542 or Patty Holt, Policy/Legal Analyst, Minnesota Department
of Natural Resources,
Dated this 27th day of October, 2005
s/Kathleen D. Sheehy
_________________________
KATHLEEN
D. SHEEHY
Administrative
Law Judge