May 30, 2007

 

 

John Maust

13428 Hillcrest Lane

Burnsville, MN 55337

 

Conservation Officer Mike Gruhlke

(Address Not Public)

Dale Yohnk

13624 Krestwood Drive

Burnsville, MN 55337

Steven Rausch

12812 Pheasant Run

Burnsville, MN 55337

 

          Re:     In the Matter of the Appeal of Trespass Citations Issued to

                    John Maust, Dale Yohnk and Steven Rausch;

                    OAH Docket Nos. 7-2000-17715-2, 7-2000-17716-2

and 7-2000-17717-2

 

Gentlemen:

 

          A Prehearing Conference was conducted in these matters on the afternoon of May 29, 2007.  At the conclusion of the Conference, it was agreed that all of the statements made by Officer Gruhlke, and Mr. Maust, Mr. Yohnk, and Mr. Rausch were to be considered testimony for the purposes of these matters.  In order to close the record, the Administrative Law Judge established a schedule whereby Officer Gruhlke will supply to the Administrative Law Judge and each of the Respondents (Mr. Maust, Mr. Yohnk and Mr. Rausch) copies of the photographs that he wants entered into evidence in this matter, along with any written explanation or final argument he wishes to add.  Officer Gruhlke will file these items by the close of business on Friday, June 1, 2007.

 

          For their part, Mr. Maust, Mr. Yohnk and Mr. Rausch have until the close of business on Friday, June 8, 2007, to file with the Administrative Law Judge their final written arguments in the matter.

 

          After that filing, I will take the matter under advisement and issue a Recommendation to the Commissioner of the Department of Natural Resources.

 

          Mr. Maust, Mr. Yohnk and Mr. Rausch also expressed the possibility of settling this matter with the Department of Natural Resources.  They are reminded that such a course of action is possible, and encouraged, at any time before the Administrative Law

May 30, 2007

Page 2

 

Judge issues his Recommendation.  In order to facilitate any settlement discussions, they were advised to contact Pat Watts, Policy/Legal Analyst, Minnesota Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155-4047, telephone (651) 259-5058.  In order to file their arguments with me, the parties should write to Richard C. Luis, Administrative Law Judge, Minnesota Office of Administrative Hearings, 100 Washington Square Building, Suite 1700, Minneapolis, MN 55401-2138, or FAX me at 612-349-2665.  They may also communicate to my e-mail address, which is richard.luis@state.mn.us.

 

          Thank you for your cooperation.

 

                                                                      Very truly yours,

 

                                                                      /s/ Richard C. Luis

 

                                                                      RICHARD C. LUIS

                                                                      Administrative Law Judge

 

                                                                      Telephone: (612) 349-2542

RCL:mo

Encl.

 

cc:      Docket Coordinator