OAH 16-2000-21652-2
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 Eric Scott Collins |
NOTICE OF
PREHEARING CONFERENCE AND NOTICE OF HEARING |
PLEASE BE ADVISED that a prehearing
conference will be held by telephone conference call on Wednesday, January 12,
2011, beginning at 10:00 a.m. and continuing as long as necessary.
Participating in the prehearing
conference telephone call will be the undersigned Administrative Law Judge, Manuel
J. Cervantes, whose office is located at 600 North Robert Street, PO Box 64620,
St. Paul, Minnesota 55164-0620, and whose telephone number is 651-361-7900,
Conservation Officer Daniel Baumbarger who issued the citation, and whose
telephone number is on file, and the appellant herein, Eric Scott Collins,
whose telephone number is [Number Redacted].
The Judge will initiate 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 any scheduling issue(s).
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 Minn. Stat. § 116.072, subd.
6. That statute provides an expedited
administrative hearing process, and refers to Minn. R. 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, at their own expense.
Unless the Judge decides differently,
the only participants in the prehearing conference telephone call will be
Officer Daniel Baumbarger and Eric Scott Collins. If a hearing is necessary, the officer and Eric
Scott Collins 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, the petitioner will then have
the right to present evidence and witnesses, and will also have the right to
question witnesses produced 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 produced by the parties.
If a hearing is held, the 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 production of
documents. See Minn. R. 1400.8601 for the procedures regarding subpoenas.
If a hearing is held, once it is
completed, the 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 his 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. Minn. Stat. § 116.072,
subd. 6(d) provides that if the Judge finds that a hearing was requested solely
for the purpose 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 Judge at 651-361-7900 or Pat Watts,
Policy/Legal Analyst, Minnesota Department of Natural Resources,
Dated: December 3, 2010
s/Manuel
J. Cervantes
|
MANUEL J. CERVANTES Administrative Law Judge |