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OAH 16-6100-21305-3 |
STATE OF
OFFICE OF ADMINISTRATIVE
HEARINGS
FOR THE METRO GANG STRIKE
FORCE
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In
the Matter of |
NOTICE OF HEARING |
TO: Cal Xiong,
YOU ARE HEREBY NOTIFIED that a hearing on this matter will
be held on June 16, 2010 at 9:30 a.m. in a courtroom of the Office of Administrative Hearings,
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 hearing 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 hearing 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
The League of Minnesota Cities Insurance Trust (LMCIT) will
represent the Metro Gang Strike Force at the hearing and intends to call the
following witness(es) to testify:
Derek
Krause, LMCIT Claims Adjuster
ALLEGATIONS
Claimant alleges that $4,798.00 in cash and
personal property were seized from him when Metro Gang Strike Force (MGSF) officers
arrested the Claimant and executed search warrants related to criminal sexual
conduct investigations. There were two
separate seizures at two separate locations.
Seizures occurred on May 27, 2004 at
The LMCIT will submit the following documents as evidence:
1.
Exhibit 1 LMCIT Copy of
Check for $1,800;
2.
Exhibit 2 LMCIT 2nd Report;
dated April 1, 2010, including an Itemized List of Seized Property Loss;
3.
Exhibit 3 LMCIT 1st
Report; dated April 1, 2010;
4.
Exhibit 3 Cover Letter to
Judge, dated December 3, 2009;
5.
Exhibit 4 MGSF Report of
Investigation, dated July 12, 2004;
6.
Exhibit 5 MGSF Report of
Investigation, dated June 8, 2004, computer analysis; CSC 3rd
Complaint, dated June 11, 2004; Application for Search Warrant, dated June 4,
2004;
7.
Exhibit 6 Krause emails to
MGSF Officers, dated February 4, 2010;
8.
Exhibit 7 Register of
Actions, dated June 9, 2004;
9.
Exhibit 8
10.
Exhibit 9 Krause letter,
dated November 19, 2009;
11.
Exhibit 10 Public Claim
Report, filed November 3, 2009; Petition for Name Change, Name Change Granted,
July 15, 2009.
ISSUES
1.
Did the Metro Gang Strike Force improperly seize cash and personal
property from Claimant?
2.
If so, what is the appropriate amount or value of the property and cash
which should be returned to the Claimant?
ADDITIONAL INFORMATION
1.
Claimant’s failure
to appear for the hearing will result in cancellation of the hearing and the
Administrative Law Judge will make a decision based on the record. 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.
If you decide
you do not want to appear at the hearing and want the Judge to decide
your claim based on the record, please notify the LMCIT in writing before the
hearing date. The Judge will send you a
written copy of his order within 30 days after he receives notice that you will
not be appearing.
4.
At the hearing,
all parties have the right to be represented by an attorney or represent themselves.
The parties will have the opportunity to
be heard orally, to present evidence, cross-examine witnesses, and to submit
evidence and argument. A digital
recording will be made of the hearing, a copy of which may be obtained for a
charge of $10.00. Parties may also request
that a court reporter prepare a written transcript of the testimony at their
own expense.
5.
Enclosed you
will find the following information provided by the Office of Administrative
Hearings’ website to assist you in preparing for the hearing: Contested Case Hearing Preparation and Witness Guide. If you need more information, A Guide to Participating in Contested Case
Proceedings is available at the Office of Administrative Hearings’ website www.oah.state.mn.us or by calling 651-361-7900.
6.
Persons
attending the hearing should bring all evidence bearing on the case, including
any photographs, records, other documents, and witness(es).
7.
The parties are
entitled to the issuance of subpoenas to compel witnesses to attend the
hearing. Requests for subpoenas for the
attendance of witnesses or the production of documents at the hearing must be
made in writing to the Administrative Law Judge. A copy of the subpoena must be served on the
other party(ies). A subpoena request
form is available at www.oah.state.mn.us
or by calling 651-341-7600.
8.
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.
9.
Any party who
needs an accommodation for a disability in order to participate in this hearing
process may request one. Examples of
reasonable accommodations include wheelchair accessibility, an interpreter, or
Braille or large-print materials. If any
party requires an interpreter, the Administrative Law Judge must be promptly
notified. To arrange for an
accommodation or an interpreter, contact the Office of Administrative Hearings
at
Dated: May 11, 2010
s/Manuel J. Cervantes
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MANUEL
J. CERVANTES Administrative
Law Judge |