OAH Docket No. 11-2000-20686-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF NATURAL RESOURCES
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In the Matter of the Appeal of the Civil Trespass Citation Issued to Larry Herbert Engel; Citation No. 145614 |
NOTICE OF PREHEARING CONFERENCE AND NOTICE OF HEARING |
PLEASE BE ADVISED that a prehearing
conference will be held by telephone conference call on Thursday, September
3, 2009, beginning at 10:30 a.m. and continuing as long as
necessary. Barbara L. Neilson, the undersigned
Administrative Law Judge, will place the conference call. Judge Neilson may be reached at the following
address and telephone number:
Barbara L. Neilson
Administrative Law Judge
Office of Administrative Hearings
651-361-7845
Judge Neilson will call the following persons to participate in the prehearing conference call: Conservation Officer Colleen Adam, who issued the citation, at 218-252-1998; and Larry H. Engel, who appealed the citation, at 218-732-3456. If it is necessary to change the time of the conference call, or if a different telephone number should be used, please contact Nancy Hansen (Judge Neilson’s legal secretary) at 651-361-7874 as soon as possible.
The purpose of the prehearing
conference telephone call is to discuss the nature of the dispute and to
determine the best way to resolve it.
The telephone call is expected to last no more than thirty minutes. If the appeal cannot be resolved during the
telephone call, then the Judge will set a time and a place for a hearing. The Judge will also decide whether the
hearing will be held by telephone or in person.
The citation that is being appealed
was issued pursuant to Minn. Stat. § 84.773, subdivision 1(1). That statute prohibits the intentional operation
of an off-highway vehicle on a trail on public land that is designated or
signed for nonmotorized use only. Minn.
Stat. § 84.775, subd. 1(a), states that a conservation officer may issue a
civil citation for violation of the statute.
Minn. Stat. § 84.775, subd. 2, specifies that the person receiving the
citation may appeal the citation in accordance with Minn. Stat. § 116.072,
subd. 6. That statute in turn sets forth
an expedited administrative hearing process, and refers to Minnesota Rules,
parts 1400.8510 to 1400.8612. These are
the rules that will govern the conduct of this appeal.
The above-referenced statutes may be found using the Internet at www.revisor.leg.state.mn.us/stats/.
and the rules may be found at www.revisor.leg.state.mn.us/arule/. In the alternative, copies of these statutes
and rules may be obtained from the Documents Section of the Department of
Administration,
It is not necessary for a person to have
an attorney in order to participate in this case. You may, however, choose to be represented by
legal counsel or any other representative of your choice. If you choose to be represented by an
attorney, please have your attorney file a Notice of Appearance with the Judge
and notify Ms. Hansen of the attorney’s telephone number to ensure that the
attorney may also participate in the prehearing conference call.
The decision in this case will be based only on factual information or evidence that is part of the hearing record. Persons participating in the hearing should have available at the time of the hearing 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 part 1400.8601 for the procedures regarding subpoenas. Any person other than Officer Adam and Mr. Engel who desires to become a party to this case must submit a timely petition to intervene pursuant to Minn. Rules part 1400.8570.
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.
If
a person who received a citation fails to participate in the prehearing conference telephone call or fails to
appear at the hearing, the citation will be 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.
Appeal hearings should be limited to
cases where there is a legitimate, good faith disagreement about the facts or
the law. Under Minn. Stat. § 116.072,
subd. 6(d), 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,
If any party has good cause for requesting a delay of the prehearing conference or the hearing, the request must be made in writing to the Administrative Law Judge at least five (5) days in advance. A copy of the request must be served on the other parties.
If you need an accommodation in order to participate in this hearing process, please call: (651) 361-7832 (voice) or (651) 361-7878 (TDD).
Dated: July 24, 2009
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s/Barbara L. Neilson |
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BARBARA L. NEILSON |
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Administrative Law Judge |