Docket
No. 3-2000-17860-2
STATE
OF
OFFICE
OF ADMINISTRATIVE HEARINGS
FOR
THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
|
In
the Matter of the Appeal of the Trespass Citation Issued to Scott Herman
Farrell Citation
No. 49701 |
NOTICE OF
PREHEARING CONFERENCE AND NOTICE OF HEARING |
PLEASE BE ADVISED that a prehearing
conference will be held by telephone conference call on February 27, 2007,
beginning at 10:00 a.m. and continuing as long as necessary.
Participating in the prehearing
conference telephone call will be Kathleen D. Sheehy, the undersigned
Administrative Law Judge, whose office is located at 100 Washington Square,
Suite 1700, Minneapolis Minnesota 55401-2138, and whose
telephone number is 612-866-4086; Deputy Jim Gamlin of the Carver County
Sheriff’s Department; and the appellant herein, Scott Herman Farrell. To
participate in the telephone conference, please call 1-888-790-7809 and enter
conference code “17860.” If it is
necessary to change the time, please contact the Judge immediately at the
telephone number above to make other arrangements.
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
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 Deputy Gamlin and Scott Herman Farrell. If a hearing is necessary, they will be the
only two "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 Commmissioner 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 612/341-7602 or
Pat Watts, Policy/Legal Analyst, Minnesota Department of Natural Resources,
|
Dated this |
14th |
day of |
February |
2007. |
|
s/Kathleen
D. Sheehy |
|
KATHLEEN
D. SHEEHY |
|
Administrative
Law Judge |