|
|
OAH 3-2000-21655-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MINNESOTA COMMISSIONER OF NATURAL RESOURCES
|
In the Matter of the Appeal
of the OHV Registration, Operation, and Civil Trespass Citation No. 145136
Issued to Robert Alan Kemp |
NOTICE OF
PREHEARING CONFERENCE AND NOTICE OF HEARING |
PLEASE BE ADVISED that a prehearing
conference will be held by telephone conference call on November 16, 2010, beginning
at 3:30 p.m. and continuing as long as necessary.
Participating in the prehearing
conference telephone call will be Kathleen D. Sheehy, the undersigned
Administrative Law Judge, whose office is located at
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 parties may agree that the Administrative
Law Judge may issue a recommended decision based on the record made during the
prehearing conference. 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. § 84.798, subd. 4 (2008) (failure to
display registration sticker) and § 84.775, subd. 1(2) (authority to issue
civil citation). Pursuant to
The rules
may be found at www.revisor.leg.state.mn.us/arule/.
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 parties to participate in the prehearing
conference telephone call will be Officer Adam and Mr. Kemp. 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, the
Administrative Law Judge will issue a recommended decision after the record has
closed. A copy of the 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. 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 statute (section 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 651-361-7900 or
Pat Watts, Policy/Legal Analyst, Minnesota Department of Natural Resources,
Dated: November 1, 2010.
s/Kathleen
D. Sheehy
|
KATHLEEN D. SHEEHY Administrative Law Judge |