3-2401-15610-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MINNESOTA CENTER FOR CRIME VICTIM SERVICES
CRIME VICTIMS REPARATIONS BOARD
In the Matter of the Eligibility of FINDINGS OF FACT,
Major Bell for Crime Victim CONCLUSIONS, AND
Reparations, Claim No. 020623. RECOMMENDATION
This matter came on for a Prehearing Conference before Administrative Law Judge Kathleen D. Sheehy at 1:30 p.m. on December 10, 2003, at the Office of Administrative Hearings, 100 Washington Square, 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota. The OAH record closed at the end of the prehearing conference.
Amy V. Kvalseth, Assistant Attorney General, 445 Minnesota Street, Suite 1800, St. Paul, Minnesota 55101-2134, appeared for the Minnesota Center for Crime Victim Services/Crime Victims Reparations Board (Board).
Major Bell, 8141 Georgia Court, Brooklyn Park, Minnesota 55445, did not appear.
This report is a recommendation, not a final decision. The Minnesota Crime Victims Reparations Board will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendation. Under Minn. Stat. § 14.61, the Board shall not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the Board must consider the exceptions in making a final decision. Parties should contact the Board at the address above to learn the procedure for filing exceptions or presenting argument. If the Board fails to issue a final decision within 90 days of the close of the record, this report will constitute the final agency decision under Minn. Stat. § 14.62, subd. 2a. The record closes upon the filing of exceptions to the report and the presentation of argument to the Board, or upon the expiration of the deadline for doing so. The Board must notify the parties and the Administrative Law Judge of the date on which the record closes.
STATEMENT OF ISSUES
Should the Board deny the Claimant’s request for reparations?
Based upon all of the proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1. On November 3, 2003, the Notice of and Order for Hearing and Prehearing Conference in this matter was sent by first class mail to the Claimant, Major Bell, at 3210 19th Avenue South, Minneapolis, Minnesota 55407. The Notice was returned as being undeliverable at this address.
2. On November 7, 2003, the Notice of and Order for Hearing and Prehearing Conference was sent by certified mail to the Claimant at 8141 Georgia Court, Brooklyn Park, Minnesota 55445. The Claimant provided this address to the Board Director in October 2003, and it is his last known address. The return receipt was signed by Pamela Lester at 8141 Georgia Court, Brooklyn Park, Minnesota on November 8, 2003.
3. The Notice of and Order for Hearing and Prehearing Conference alleges that the Board denied the claim because the claimant failed to establish that he cooperated fully with law enforcement, engaged in misconduct that directly contributed to the crime, and failed to substantiate that moving expenses were necessary because there was a continued threat of danger to the claimant by the suspect in the case.
4. The Notice of and Order for Hearing and Prehearing Conference notified the Respondent that a prehearing conference would be held at 1:30 p.m. on December 10, 2003.
5. On December 10, 2003, the Respondent failed to appear at the Prehearing Conference and failed to contact the Administrative Law Judge beforehand to make other arrangements for appearing.
6. The Notice of and Order for Hearing and Prehearing Conference informed the Respondent that if he failed to appear at the Prehearing Conference without the prior consent of the Administrative Law Judge the claimant shall be deemed in default and all allegations set forth in the Notice of and Order for Hearing and Prehearing Conference could be taken as true or deemed proved without further evidence, and the Board could deny his claim.
7. Because the Respondent failed to appear, he is in default.
8. Pursuant to Minn. Rules 1400.6000, the allegations contained in the Notice of and Order for Hearing and Prehearing Conference are taken as true and are deemed proved without further evidence. The allegations are hereby incorporated into these Findings of Fact.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1. The Center for Crime Victim Services/Crime Victims Reparations Board and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50, 611A.56, subd. 1(a), and 611A.57, subd. 5.
2. The Board has given proper notice of the hearing in this matter and has fulfilled all relevant substantive and procedural requirements of law and rule.
3. Minn. Stat. § 611A.53 subd. 2(b), provides that no reparations shall be awarded to a claimant otherwise eligible if the claimaint failed or refused to cooperate fully with the police and other law enforcement officials. In order to find full cooperation, the Board shall consider items A and B below as necessary for an affirmative finding:
A. The victim or claimant . . . must have made a reasonable effort to comply with any specific and direct requests that law enforcement professionals made a reasonable effort to communicate to them.
B. The victim or claimant . . . must have cooperated from the time the crime was reported, during the entire time the investigation remains active, and through all prosecution proceedings.[1]
4. With regard to the amount of reparations, Minn. Stat. § 611A.54(2) provides that reparations shall be denied or reduced to the extent, if any, that the board deems reasonable because of the contributory misconduct of the claimant or of a victim through whom the claimant claims. The board shall reduce, by a minimum of 25 percent, any claim submitted by a person who has engaged in any of the following acts or behavior that contributed to the injury for which the claim is filed:
A. used fighting words, obscene or threatening gestures, or other provocation;
B. knowingly and willingly been in a vehicle operated by a person who is under the influence of alcohol or a controlled substance;
C. consumed alcohol or other mood altering substances;
D. failed to retreat or withdraw from a situation where an option to do so was readily available.[2]
5. In addition, Minn. Stat. § 611A.52, subd. 8(7), provides that the claimant’s moving expenses, storage fees, and phone and utility installation fees are to be considered compensable economic loss “if the move is necessary due to a reasonable fear of danger related to the crime for which the claim was filed.”
6. The facts set out in the Notice of and Order for Hearing and Prehearing Conference constitute grounds for denial of the claim for reparations.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED that the Board deny the Claimant’s request for reparations.
Dated this 12th day of December, 2003.
S/ Kathleen D. Sheehy______________
KATHLEEN D. SHEEHY
Administrative Law Judge
Reported: Tape recorded (one tape)/Default
NOTICE
Pursuant to Minn. Stat. § 14.62, subd. 1, the Board is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. If the Board fails to issue a final decision within 90 days of the close of the record under Minn. Stat. § 14.61, this report becomes a final decision.