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7-2111-13017-2 |
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
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In the Matter of the Taxicab Driver’s License Application of Willie B. Jones, Jr. |
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION |
The above-entitled matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, MN. The record closed at the conclusion of the hearing on August 17.
Virginia D. Palmer, Assistant City Attorney, Office of the City Attorney, 400 City Hall, 15 W. Kellogg Blvd., St. Paul, MN 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the City of Saint Paul (City, LIEP). There was no appearance by or on behalf of Willie B. Jones, Jr. (Applicant).
This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision in this matter after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendation made herein. Pursuant to § 310.05 of the St. Paul Legislative Code, the Council’s final decision shall not be made until this Report has been made available to the parties and the Applicant has been provided an opportunity to present oral or written argument alleging error on the part of the Administrative Law Judge in the application of the law or the interpretation of the facts, and an opportunity to present argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hall, St. Paul, MN, 55112, to ascertain the procedure for presenting argument to the Council.
STATEMENT OF ISSUE
Whether the recommendation of the St. Paul Office of Licenses, Inspections and Environmental Protection to deny a Taxicab Driver’s License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the last five years should be affirmed.
Based upon all of the proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1. A Notice of Hearing was issued in this matter on July 13, 2000. The Notice set a hearing for 9:30 a.m. Thursday, August 17, 2000 at Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, Minnesota. The Notice was mailed to the Applicant’s last known address – 328 Birmingham Street, St. Paul, MN, 55106.
2. Willie B. Jones, Jr. did not appear at the hearing. He did not contact the Administrative Law Judge, the Office of the City Attorney or the Office of Licenses, Inspections and Environmental Protection to request a continuance.
3. The Notice of Hearing issued to the Applicant on June 13, 2000 stated, in relevant part, on page 2:
“If you fail to appear at the Hearing your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this Notice may be taken as true.”
The Notice contained the following allegation, on page 2:
“On June 10, 1997 you pled guilty to a felony charge of 5th Degree Possession of Cocaine.”
4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 to a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of that statute is punishable by imprisonment up to 5 years, and is a felony. On July 21, 1997, the Applicant was sentenced to 17 months’ confinement and 5 years’ probation as a result of the conviction.
5. Mr. Jones applied for licensure as a taxicab driver with the City’s Office of License, Inspections and Environmental Protection on June 6, 2000. In connection with that application process, the LIEP obtained authorization to check Mr. Jones’s records from the Minnesota Bureau of Criminal Apprehension. That record check resulted in the information noted above regarding Mr. Jones’s felony conviction for possession of cocaine.
6. As a result of his failure to appear at the hearing on August 17, Mr. Jones is in default. As a result of that default, he has forfeited his ability to challenge the allegations against him specified in the Notice of Hearing, which resulted in the Recommendation to deny his license application, and the allegations specified against him in the Notice of Hearing may be taken as true.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and § 310.05 of the Saint Paul Legislative Code.
2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 to 14.62 and applicable portions of the procedures set forth in § 310.05 of the Saint Paul Legislative Code.
3. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law and rule.
4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) of the Saint Paul Legislative Code, the Applicant’s conviction of Fifth Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the City of Saint Paul, and from receiving a license for such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones’s current application for a taxicab driver’s license.
5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidence of rehabilitation or of mental/emotional fitness on the part of the Applicant.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:
IT IS RECOMMENDED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver’s License.
Dated this _____ day of September, 2000.
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RICHARD C. LUIS |
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Administrative Law Judge |
Reported: Default
It is requested that the City of Saint Paul serve its final decision in this matter upon the Administrative Law Judge by first class mail.