|
|
7-2000-19755-2 |
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 William F. Halquist |
NOTICE OF PREHEARING CONFERENCE AND
NOTICE OF HEARING |
PLEASE BE ADVISED that a prehearing
conference in this case will be held by telephone conference call on Wednesday,
September 24, 2008, beginning at 3:00 p.m.
Participating in the prehearing
conference telephone call will be Richard C. Luis, the undersigned
Administrative Law Judge, whose office is located at 600 North Robert Street,
PO Box 64620, St. Paul, Minnesota 55164-0620, and whose telephone number is 651-361-7843;
the officer who issued the citation, Brett Oberg, whose telephone number is 320-234-3741,
and the appellant herein, William F. Halquist, whose telephone number is 952-873-4561. 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. § 84.90. Subdivision 3 of
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 other participants in the prehearing conference
telephone call will be Officer Oberg and William F. Halquist. 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. R. 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
Minn. R. 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 procedural statute
(Minn. Stat. §
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 651-361-7843 or
Pat Watts, Policy/Legal Analyst, Minnesota Department of Natural Resources,
Dated: September 15, 2008
/s/ Richard C. Luis
|
RICHARD C. LUIS Administrative Law Judge |