OAH 15-3500-21801-HV

 

 

 

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

 

Dan McGrath, Minnesota Majority,

      Complainant,

v.

Minnesota Secretary of State,

       Respondent.

NOTICE TO RESPONDENT

 

 

 

 

          This matter was referred to the Office of Administrative Hearings by the Secretary of State upon receipt of a complaint to that Office filed by Dan McGrath, Minnesota Majority, on January 3, 2011.

 

          The Secretary of State has filed its response to the Complaint.  Pursuant to Minn. Stat. § 200.04, subd. 3 (d), upon receipt of the Secretary of State’s response, the Office of Administrative Hearings must provide the Complainant with a copy of the response and an opportunity for a hearing on the record.

         

          IT IS HEREBY ORDERED:

1.               The Office of Administrative Hearings shall provide the Complainant with a copy of the response filed by the Secretary of State.  The Respondent shall give written notice to the Administrative Law Judge, with a copy to Bert Black, Legal Advisor, Secretary of State, that he requests a hearing on the record to address the allegations in his complaint.

2.               The deadline to file the request for hearing is February 7, 2011.  If the Complainant requests a hearing, the request should be accompanied by a Notice of Appearance.  See Minn. R. 1400.5700.[1]

3.               In the event that a request for hearing is filed, the Administrative Law Judge will schedule a prehearing conference to set the schedule for discovery and prehearing motions, to simplify the issues for hearing, if possible, set the schedule for hearing, and to consider such other matters that may be necessary or advisable.  See Minn. R. 1400.6500.

 

Dated:  January 26, 2011

                                                                      s/Beverly Jones Heydinger

BEVERLY JONES HEYDINGER

Administrative Law Judge

 

 


[1] Pursuant to Minn. Stat. § 200.04, this proceeding is not subject to chapter 14.  However, Minn. R. 1400.5010 through 1400.8300, will guide the conduct of the proceeding to the extent consistent with Minn. Stat. § 200.04, or unless modified by Order of the Administrative Law Judge.