Docket Nos. 7-2000-17715-2
7-2000-17716-2
7-2000-17717-2
STATE
OF
OFFICE
OF ADMINISTRATIVE HEARINGS
FOR
THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
|
In
the Matter of the Appeal of the Trespass Citations Issued to John Maust, Dale
Yohnk and Steven Rausch |
NOTICE OF
PREHEARING CONFERENCE AND NOTICE OF HEARING |
PLEASE BE ADVISED that a prehearing
conference will be held by telephone conference call on May 29, 2007, beginning
at 2:30 p.m. and continuing as long as necessary.
Participating in the prehearing
conference telephone call will be Richard C. Luis, the undersigned
Administrative Law Judge, whose office is located at 100 Washington Square,
Suite 1700, Minneapolis, Minnesota 55401-2138, and whose telephone number is 612-349-2542;
the officer who issued the citation, Conservation Officer Mike Gruhlke, and the
appellants herein, John Maust, Dale Yohnk and Steven Rausch, whose telephone
numbers are (respectively) 612-382-5650, 952-469-8760 and 612-387-1035. The Judge will place the call, using these
telephone numbers. If yours is not a
good telephone number to use at that time or if it is necessary to change the
time, please contact the Judge immediately at the telephone number above, and
advise the Judge of what telephone number to use or discuss the time problem.
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
fifteen (15) minutes, and no more than thirty (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 Minn. Stat. § 97B.002. Subdivision 3 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 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 the above-referenced 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.
Unless the Administrative Law Judge
decides differently, the only participants in the prehearing conference
telephone call will be Officer Mike Gruhlke and John Maust, Dale Yohnk and
Steven Rausch. If a hearing is
necessary, they will be the only "parties". Any other person who desires to become a
party to this case must submit a timely petition to intervene pursuant to Minn.
Rules pt. 1400.8570. This petition must
show how that person's legal rights, duties and privileges may be determined or
affected by the decision in this case.
The petition must also set forth the grounds and purposes for which
intervention is sought, and shall indicate petitioner's statutory right to
intervene if one should exist. If the
petition is granted, and the petitioner is given full party privileges, then
the petitioner will have the right to present evidence and witnesses, and will
also have the right to question witnesses presented by the other parties. Even without filing a petition to intervene,
any person may offer testimony or other evidence which is relevant to the case,
but they are subject to being questioned by the parties. Generally, non-parties are not allowed to
question witnesses provided by the parties.
If a hearing is held, the
Administrative Law Judge and the Commissioner can base their decision only on
factual information or evidence that is part of the hearing record. Persons participating in the hearing should
have available 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 pt. 1400.8601 for the procedures regarding subpoenas.
If a Hearing is held, once it is
completed 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 will have to be paid within
thirty (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. 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 612/341-7609 or
Pat Watts, Policy/Legal Analyst, Minnesota Department of Natural Resources,
|
Dated this |
17th |
day of |
May |
2007. |
|
/s/
Richard C. Luis |
|
RICHARD
C. LUIS |
|
Administrative
Law Judge |