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OAH 16-6100-21076-3 |
STATE OF
OFFICE OF ADMINISTRATIVE
HEARINGS
FOR THE METRO GANG STRIKE
FORCE
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In
the Matter of Jermaine Booker, #226914 |
NOTICE OF
REVIEW WITHOUT A
HEARING |
TO: Jermaine Booker, #226914, MCF-Stillwater,
YOU
ARE HEREBY NOTIFIED that the above-referenced matter has been set on for review
without a hearing on February 11, 2010
at 9:30 a.m. at the
Appellant has appealed the League of Minnesota Cities
Insurance Trust’s (LMCIT) decision, in part, and requested no hearing. The review will consist of a review of the
documentary file submitted to the Office of Administrative Hearings by the
LMCIT and Appellant’s Public Claim Report.
The Chief Administrative Law Judge, Office of
Administrative Hearings, has assigned this matter to Manuel J. Cervantes, Administrative
Law Judge, Office of Administrative Hearings, telephone (651) 361-7945.
All
mail sent to the Administrative Law Judge should be directed to P.O.
Box 64620, St. Paul, Minnesota 55164-0620.
The review will be conducted pursuant to the contested case
procedures set out in chapter 14 of Minnesota Statutes, and the Rules of the
Office of Administrative Hearings, Minn. R. 1400.8505-8612. After the review is completed, the
Administrative Law Judge will prepare a written decision.
A copy of the statutes and rules that govern how the
hearing will be conducted may be purchased from the Minnesota Book Store, telephone
(651) 297-3000, and is also available from the Minnesota Revisor of Statutes at
www.revisor.leg.state.mn.us. Copies of the rules of the Office of
Administrative Hearings may also be found at www.oah.state.mn.us
ALLEGATIONS
Claimant alleges that
$1,923.00 in cash was seized from him when Metro Gang Strike Force (MGSF) officers
arrested him on January 16, 2008. Apparently,
no charges were filed and the cash was not returned. The police documents indicate that $1,923.00
was seized from Claimant. The forfeiture
process was initiated by service of a Notice of Seizure and Intent to Forfeit
Property upon Claimant on July 28, 2008 and no cash was returned by the Metro
Gang Strike Force.
The LMCIT submitted the
following file documents as evidence:
1.
LMCIT’s Cover Letter to Judge, dated December 15, 2009.
2.
Claimant’s Notice of Appeal, filed December 11, 2009.
3.
LMCIT’s Analysis and Recommendations, filed December 1, 2009.
4.
Public Claim Report, filed November 3, 2009.
5.
December 22,
6.
Letter from Ramsey County Civil Division Manager, dated December 4,
2008, denying 18 month
7.
Notice of Seizure and Intent to Forfeit Property, served July 28, 2008.
8.
MGSF Seized Evidence Currency Log, undated.
9.
MGSF Report of Investigation, dated January 16, 2008
10.
MGSF Application for Search Warrant, dated January 10, 2008
ISSUES
1.
Did the Metro Gang Strike Force improperly seize the cash?
2.
If so, what amount should be returned to the claimant?
ADDITIONAL INFORMATION
1.
The
Administrative Law Judge will make a decision based on the record, documents
1-10, enumerated above. A written copy
of the Judge’s order will be sent to you.
2.
If any party has
good cause for requesting a continuance of the hearing, the request must be
made in writing to the Administrative Law Judge at least five days prior to the
scheduled date. A copy of the request must
be served on the Metro Gang Strike Force c/o LMCIT,
3.
The Office of
Administrative Hearings conducts proceedings in accordance with the Minnesota
Rules of Professional Conduct and the Professionalism Aspirations adopted by the
Minnesota Supreme Court.
Dated: January 21, 2010
s/Manuel J. Cervantes
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MANUEL
J. CERVANTES Administrative
Law Judge |