15-3001-15613-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF TRANSPORTATION

 

In the Matter of the Joint Petition of Sunshine Investment, Inc., d/b/a Sunshine Moving for Transfer of Household Goods Mover Permit Authority

RECOMMENDATION

         

A prehearing conference was held by telephone on February 25, 2004.  Andrew A. Dean and Michael D. Schwartz, Attorneys at Law, Schwartz, Smith & Dean, P.A., Chanhassen Financial Center, 761 W. 78^th Street, Suite 210, P.O. Box 219, Chanhassen, MN 55317, appeared on behalf of Sunshine Investment, Inc. d/b/a Sunshine Moving.  Kenneth G. Page appeared on behalf of Ken Page Transfer Company, Inc., 4780 W. Arrowhead Rd., Duluth, MN 55811.  Matthew R. McBride, David M. Aafedt and Justice Ericson Lindell, Attorneys at Law, Winthrop & Weinstine, 225 South Sixth Street, Suite 3500, Minneapolis, MN 55402 appeared on behalf of Bailey & son Trucking, Inc.

The parties have received the Order on Motion for Partial Summary Disposition dated February 13, 2004.  In light of the ruling, the parties agree that there are no disputed facts that require a hearing.  They are in agreement that the Order on Motion for Summary Disposition may be forwarded to the Department as the Recommendation of the administrative law judge.      

IT IS HEREBY RECOMMENDED:

                That the Commissioner approve transfer of the authority of Ken Page Transfer Co., Inc. to transport household goods statewide, except for the authority for transport both originating and terminating within the Eleven County Metropolitan Area, as set forth in the Order on Motion for Partial Summary Disposition, attached hereto and incorporated by reference.

 

Dated this

27th

day of

February

2004.

                                                                

 

S/ Beverly Jones Heydinger

BEVERLY JONES HEYDINGER

Administrative Law Judge

 

 

NOTICE

 

This report is a recommendation, not a final decision.  The Commissioner of Transportation will make the final decision after a review of the record.  The Commissioner may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations.  Under Minn. Stat. § 14.61, the final decision of the Commissioner 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 Commissioner.  Parties should contact Carol Molnau, Commissioner, Commissioner of Transportation, 395 John Ireland Blvd., Mail Stop 100, St. Paul, MN  55155 to learn the procedure for filing exceptions or presenting argument.

 

If the Commissioner 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 Commissioner, or upon the expiration of the deadline for doing so.  The Commissioner must notify the parties and the Administrative Law Judge of the date on which the record closes.

 

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.