Docket Nos.
7-2000-17757-2
and 7-2000-17758-2
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 Nicholas John
Marshall and Jeremiah Joseph Marshall (Juveniles) |
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 1:30 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 Karl Hadrits, and the
appellant herein, Joseph Marshall, on behalf of Nicholas and Jeremiah Marshall
(juveniles), whose telephone number is 218-828-1438. 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 or the Judge’s secretary immediately at the telephone
number above, and advise the Judge or the Judge’s secretary 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 citations which are being appealed
were 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 the issuing officer and the appellant, on behalf of the
juveniles. The juveniles may
participate, at the discretion of the appellant, Joseph Marshall. 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 must base his recommendation 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.
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
of Natural Resources. 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 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 issuing officer or Pat Watts, Policy/Legal
Analyst, Minnesota Department of Natural Resources,
|
Dated this |
16th |
day of |
May |
2007. |
|
/s/
Richard C. Luis |
|
RICHARD
C. LUIS |
|
Administrative
Law Judge |