May 27, 2010
|
Laurence R. Otto STREET ADDRESS REDACTED |
Joan Tujetsch Attorney at Law Minnesota Department of Revenue Mail Station 2220 |
Re: In the Matter of the Revocation of the Master Electrician Class A License of Laurence R. Otto; OAH Docket No. 11-2700-21086-2
Dear Mr. Otto and Ms. Tujetsch:
I have received the Respondent’s Motion for an Order to Compel Discovery and Motion for a Continuance Pending Compliance with Discovery, and the Department’s response in opposition to those motions. This letter will constitute my Order on the Respondent’s motions.
The Respondent’s motions are denied. It is evident from the Department’s submission that, to the extent that the documents requested in Respondent’s discovery request dated March 29, 2010, in fact exist, Respondent has been provided with copies. The Department clarified in its response that the Commissioner does not file an actual return in the typical format on behalf of a taxpayer. The Department further indicated that it had provided the Respondent by May 25, 2010, with a second copy of additional documents relating to the computation of the tax alleged by the Commissioner to be owing. Finally, the Department provided additional information responsive to Mr. Otto’s discovery requests and noted that it did not intend to rely on those documents at the hearing. None of the additional documents and information provided by the Department appears to have a significant bearing on any of the issues involved in this case. Under the circumstances, neither an order compelling production of further documents nor an additional continuance of the hearing is warranted.
Letter to L. Otto and J. Tujetsch
May 27, 2010
Page Two
Accordingly, the
hearing shall remain scheduled for Thursday,
June 10, 2010, at 10:00 a.m. via
videoconference. To participate in the
videoconference, Mr. Otto should go to the Roseau County Courthouse,
Finally, I remind both parties that they must
immediately exchange final witness
lists identifying the persons each of them will be calling to testify at the
hearing. In addition, any documents that
either party intends to offer into evidence during the hearing must immediately be provided to the other
party and filed with me. Documents may be sent by
The parties may contact the Office of Administrative Hearings at 651-361-7900 and ask to speak to a staff attorney if they have further questions about this process or wish to request that a telephone conference call be held prior to the hearing.
Sincerely,
s/Barbara L. Neilson
BARBARA L. NEILSON
Administrative Law Judge
Tel. No.: 651-361-7845