OAH Docket No. 4-2400-11637-2

 

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF PUBLIC SAFETY

OFFICE OF DRIVER EDUCATION

 

 

In the Matter of: The License Revocation of Clifford Arthur Trudell

FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION

 

            Administrative Law Judge Bruce H. Johnson conducted a hearing in this contested case proceeding beginning at 1:30 p.m. on Thursday, June 11, 1998, at the Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota.

           

            Michael R. Pahl, Assistant Attorney General, Suite 200, 525 Park Street, St. Paul, Minnesota  55103-2106, represented the Department.  The Petitioner, Clifford Arthur Trudell, did not appear at the hearing, nor did anyone appear on his behalf.  The record closed on June 19, 1998, when the Administrative Law Judge received the affidavit of Michael R. Pahl from the Department.

 

 

NOTICE

 

            This Report is a recommendation, not a final decision.  The Commissioner of Public Safety will make the final decision after reviewing the hearing record.  The Commissioner may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations.  Under Minnesota Law[1], the Commissioner may not make his final decision until after the parties have had access to this Report for at least ten days.  During that time, the Commissioner must give each party adversely affected by this Report an opportunity to file objections to the report and to present argument.  Parties should contact the offices of Donald E. Davis, Commissioner, Department of Public Safety, 1000 NCL Tower, 445 Minnesota Street, St. Paul, Minnesota  55101, to find out how to file objections or present argument.

 

 

STATEMENT OF THE ISSUE

 

            Whether the Commissioner should revoke Mr. Trudell’s driver education instructor license because he has violated the Department’s driver education instructor rules?

 

 

            Based upon the record in this matter, the Administrative Law Judge makes the following:

 

FINDINGS OF FACT

 

1.                  The Department’s rules require driver’s license instructors to provide the Department with an address for purposes of service of process and other, similar reasons.[2]

2.                  As required by the Department’s rules, Mr. Trudell did provide the Department with his current address, namely, 10890 Nathan Lane, Maple Grove, Minnesota  55369.[3]

3.                  On May 30, 1998, the Department served Mr. Trudell with the Notice and Order for Hearing that began this contested case proceeding by sending it by U.S. Mail to the address that he had most recently provided to the Department, which was: 10890 Nathan Lane, Maple Grove, Minnesota  55369.[4]  The U. S. Postal Service has never returned that particular Notice to the Board as undeliverable.

4.                  That Notice and Order for Hearing contained the following statements:

 

ALL PARTIES ARE ADVISED that if a party intends to appear at the hearing scheduled for June 11, 1998, at 1:30 p.m., the Notice of Appearance form enclosed with this Order must be completed and filed with the Office of Administrative Hearings within twenty (20) days of the date of service of this Notice and Order for Hearing.  Should a party fail to appear at the hearing, the allegations contained in this notice and order for hearing will be deemed as fact and the license revocation will remain in effect.  [Emphasis in the original.]

 

5.                  Mr. Trudell has never filed a Notice of Appearance, as the Notice and Order Hearing instructed him to do.  Furthermore, he did not appear at the June 11, 1998, contested case hearing, nor did he make a request to the Administrative Law Judge before the hearing to be excused from appearing at that hearing.

6.                  Because of Mr. Trudell’s violations of this Office’s rules, particularly because he failed to appear at the scheduled contested case hearing, the facts alleged in the Notice and Order for Hearing are taken as true, and the Administrative Law Judge incorporates those facts into these Findings by reference.

7.                  The Administrative Law Judge adopts as Findings any Conclusions that are more appropriately described as Findings.

 

            Based upon these Findings of Fact, the Administrative Law Judge makes the following:

 

CONCLUSIONS

 

            1.         Minnesota law[5] gives the Administrative Law Judge and the Department of Public Safety authority to conduct this proceeding and to make findings, conclusions, and orders.

 

            2.         The Department has complied with all of the law’s substantive and procedural requirements.

 

            3.         The Department gave Mr. Trudell proper and timely notice of the contested case hearing that was scheduled in this proceeding.

 

            4.         Under the Office of Administrative Hearings’ rules,[6] Mr. Trudell is in default because he failed to appear at the scheduled contested case hearing without being excused by the Administrative Law Judge.

 

            5.         Under those rules, when a party defaults, an administrative law judge may take the facts alleged in the Notice and Order for Hearing as true and no longer in dispute.

 

            6.         Based upon the facts alleged in the Notice and Order for Hearing, which the Administrative Law Judge has taken as true, Mr. Trudell has violated the Department’s driver education instructor licensing rules.[7]  The law[8] therefore allows the Department to revoke his driver education instructor license.

 

            7.         The Administrative Law Judge adopts as Conclusions any Findings which are more appropriately described as Conclusions.

 

            Based upon these Conclusions, the Administrative Law Judge makes the following:

 

 

RECOMMENDATION

 

            The Administrative Law Judge recommends that the Commissioner affirm the Department’s revocation of Mr. Trudell’s driver education instructor license as having been proper.

 

 

Dated this

day of

June

1998.

 

 

BRUCE H. JOHNSON

Administrative Law Judge

 

 

 

NOTICE

 

            Under Minnesota law,[9] the Commissioner must serve his final decision upon each party and the Administrative Law Judge by first-class mail.