OAH 16-2000-21653-2
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 John Robert Vorpahl |
NOTICE OF
PREHEARING CONFERENCE AND
NOTICE OF HEARING |
PLEASE BE ADVISED that a prehearing conference will
be held in person on Wednesday, January 12, 2011, beginning at 9:30 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, John Robert Vorpahl, 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, to 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 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. One may, however, choose to be represented be legal counsel or any other
representative of their choice at their own cost.
Unless the Administrative Law Judge
decides differently, the only participants in the prehearing conference
telephone call will be Officer Daniel Baumbarger and John Robert Vorpahl. If a hearing is necessary, the officer and
John Robert Vorpahl 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 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 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.
Questions concerning settlement of
this matter may be directed to the Administrative Law 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 |