OAH Docket No. 12-3000-14917-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE COMMISSIONER OF TRANSPORTATION

In the Matter of Crane Creek Construction, Inc.

State Contract Number S00064

PREHEARING ORDER

A telephone prehearing conference in this matter was conducted on July 25, 2002, to address scheduling and other issues.

Michael A. Sindt, Assistant Attorney General, 525 Park Street, Suite 200, St. Paul, Minnesota 55103-2106, appeared on behalf of the Department of Transportation. Jerry Redman, Crane Creek Construction, Inc., 900 – 30^th Place, Owatonna, Minnesota 55060 appeared on behalf of Crane Creek Construction, Inc. Paul W. Iversen, Williams & Iversen, P.A., 1611 West County Road B, Suite 208, Roseville, Minnesota 55113, appeared on behalf of the International Union of Operating Engineers, Local 49.

Based upon the documents in the file and the statements of the parties, the Administrative Law Judge makes the following:

ORDER

IT IS HEREBY ORDERED that:

1. The Petition for Intervention of the International Union of Operating Engineers, Local 49 is granted to the following extent. Local 49 will be allowed to attend the hearing but will not be allowed to offer witnesses of its own or cross-examine other witnesses. It will be allowed to file briefs. If an association representing contractors petitions to intervene, it is expected that it would be allowed to participate to the same extent.

2. The hearing originally scheduled to commence August 6, 2002 is continued to October 9 – 10, 2002 at 9:00 a.m. at the office of the Attorney General, 525 Park Street, Suite 200, St. Paul, Minnesota.

3. As agreed, the parties will continue to engage in discovery and settlement negotiations.

Dated this 26^th day of July, 2002

s/Steve M. Mihalchick

STEVE M. MIHALCHICK

Administrative Law Judge