1-2402-13246-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE BOARD OF PEACE OFFICER STANDARDS AND TRAINING

 

In the Matter of the Peace Officer License

of Kevin Melvin Kuschel, Inactive License No. 8222

FINDINGS OF FACT,

CONCLUSIONS OF LAW AND

RECOMMENDATION

            The above-entitled matter came on for Prehearing Conference before Administrative Law Judge George A. Beck commencing at 1:30 p.m. on December 19, 2000, at 100 Washington Avenue South, Suite 1700, 100 Washington Square, Minneapolis, Minnesota.

            Michelle M. Owen, Assistant Attorney General, 525 Park Street, Suite 200, St. Paul, Minnesota 55103-2106, appeared on behalf of the Minnesota Board of Peace Officer Standards and Training (POST) Complaint Investigation Committee.  Kevin Melvin Kuschel (“Respondent”) did not appear at the hearing.  The Record closed December 19, 2000 upon the Respondent’s failure to appear.

NOTICE

            This Report is a recommendation, not a final decision.  The POST Board will make the final decision after a review of the record.  The Board may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations.  Under Minn. Stat. §14.61, the final decision of the Board shall not be made until this Report has been made available to the parties to the proceeding for at least ten days.  An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the Board.  Parties should contact Neil W. Melton, Executive Director, POST Board 200 Spruce Tree Center, 1600 University Avenue, St. Paul, MN 55104, to ascertain the procedure for filing exceptions or presenting argument.

STATEMENT OF ISSUE

            The issue in this case is whether or not disciplinary action should be taken against the Respondent for a violation of Minn. Rules pts. 6700. 1600 and 6700.1610 subpt. 2.

Based upon all of the proceedings herein, the Administrative Law Judge makes the following:

           


FINDINGS OF FACT

1.         On November 9, 2000, a Notice of and Order for Prehearing Conference and hearing in this matter was mailed to the Respondent at his last known address of P.O. Box 242, Watkins, MN 55389.  Notice was also mailed to the Respondent at 2020 15th Street N., Apt. 306, St. Cloud, MN 56303.  The Notice of and Order for Prehearing Conference and Hearing scheduled the prehearing conference for December 19, 2000.  All of the mailings were returned to the Board.

2.                  The Notice of and Order for Prehearing Conference and Hearing that was mailed to the Respondent contained the following statement

If Respondent fails to appear without the prior consent of the Administrative Law Judge at the prehearing conference settlement conference, or the hearing, or if he fails to comply with any interlocutory order of the Administrative Law Judge the Respondent shall be deemed in default of this matter.  Upon default, the allegations or issues set forth herein may be taken as true or deemed proved without further evidence and the Board may revoke, suspend, and/or take other action against Respondent’s license as a peace officer in the State of Minnesota.

3.                  The Respondent did not appear at the December 19, 2000, Prehearing Conference.  Respondent did not contact the Board or the Administrative Law Judge to request a continuance.  No Notice of Appearance was filed by Respondent in this matter.

4.                  The allegations set forth in the Notice of and Order for Prehearing Conference, are deemed proved and are incorporated into these FIndings by reference.

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

CONCLUSIONS

1.                  The POST Board and the Administrative Law Judge have subject matter jurisdiction herein prusuant to Minn. Stat. §§ 214.10 and 14.50.

2.                  The Respondent was given timely and proper notice of the Prehearing Conference in this matter.

3.                  The POST Board has complied with all relevant substantive and procedural requirements of statute and rule.

4.                  Under Minn. Rule 1400.6000 the Respondent is in default as a result of his failure to appear at the scheduled Prehearing Conference.

5.                  Under Minn. Rule 1400.6000 when a party defaults, the allegations and the issues set out in the Notice of and Order for Prehearing Conference and Hearing may be taken as true and deemed proved.  The Administrative Law Judge tehrefore takes those allegations and issues as true and deemed proved.

6.                  Based upon the facts set out in the Notice of and Order for Prehearing Conference and Hearing, the Respondent has violated Minn. Rules pts. 6700.1700 and 1710, and is subject to disciplinary action by the POST Board.

7.                  An order by the Board prescribing disciplinary action against the Respondent is in the public interest.

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

RECOMMENDATION

IT IS HEREBY RECOMMENDED: that disciplinary action be taken against the Peace Officer License of Kevin Melvin Kuschel.

 

Dated this 28th day of December, 2000.

 

                                                                             

 

GEORGE A. BECK

Administrative Law Judge

 

Reported: Default.

 

NOTICE

Under Minn. Stat. §  14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail or as otherwise provided by law.