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OAH
8-2000-20088-2 (Brown) OAH
8-2000-20089-2 (Steele) |
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STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
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In the Matter of the Appeal
of the Trespass Citation Issued to Benjamin Dale Browne In the Matter of the Appeal
of the Trespass Citation Issued to Bradley Allen Steele |
NOTICE OF
PREHEARING CONFERENCE AND NOTICE
OF HEARING |
PLEASE BE ADVISED that a prehearing
conference in these matters will be held by telephone conference call on Tuesday, January 6, 2008, beginning at 11:00 a.m. and continuing until it is
completed.
Participating in the prehearing
conference telephone call will be the Appellants, Mr. Brown and Mr. Steele, the
officer who issued the citation, Officer Eugene Wynn and the undersigned
Administrative Law Judge. Judge Lipman’s
office is located at
By 4:30 p.m. on Monday, January
5, 2008, the parties will contact Judge Lipman with the telephone numbers
to be used during the conference call.
If you cannot participate in the call at
the scheduled time, please contact Judge Lipman immediately.
The purpose of the prehearing
conference telephone call is to determine the nature of the dispute that underlies
the appeal and the best method to resolve the dispute. The telephone call is expected to last between
fifteen (15) minutes and 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 Minnesota Statutes § 97B.002. This statute provides that if a person
requests a hearing in order to appeal a citation, the hearing shall be held according
to the expedited administrative hearing process set forth Minnesota Rules 1400.8510
to 1400.8612.
Copies of Minnesota Statutes and Rules may be obtained from
It is not necessary that a person be
represented an attorney in order to participate in this case. Persons 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 Appellants, Mr. Brown and Mr. Steele, and Officer
Wynn. If a hearing is necessary, these
persons 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 Minnesota Rule 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 Rule 1400.8601 for the
procedures regarding subpoenas).
If a Hearing is held, the
Administrative Law Judge will issue a recommended decision. A copy of this decision 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
in the matter. During the five-day
period, the parties may file comments with the Commissioner regarding the Administrative
Law Judge’s 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.
Fines are due 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. For that reason, appeal
hearings should be limited to cases where there is a legitimate, good faith
disagreement about the facts or the applicable law. Please note that Minnesota Statutes § 116.072,
subdivision 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 Pat Watts, Policy and Legal Analyst, Minnesota
Department of Natural Resources,
Dated: December 4, 2008
s/Eric L.
Lipman
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ERIC L. LIPMAN Administrative Law Judge |