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7-6310-16288-CV |
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
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Billie Jo Lilyquist, Complainant, vs.
Patsy Bernhjelm, Tony Gross, Mike Doro and Jo Boblett, Respondents. |
NOTICE OF DETERMINATION OF PRIMA FACIE VIOLATION AND NOTICE OF AND ORDER FOR EVIDENTIARY HEARING |
To: Billie Jo Lilyquist, 2600 46th Street NE, Longville, MN 56655, Patsy Bernhjelm, 1003 Sunset Hill Road NE, Outing, MN 56662, Tony Gross, 6064 S. Thunder Lake Dr. NE, Remer, MN 56672, Mike Doro, 406 Dale Dr. SE, Remer, MN 56672, and Jo Boblett, 2220 Peninsula Rd. NE, Outing, MN 56662.
On November 9, 2004, Billie Jo Lilyquist filed a Complaint with the Office of Administrative Hearings alleging violations of Minn. Stat. §§ 211B.04, 211B.07 and 211B.09. After reviewing the Complaint and attached exhibits, the undersigned Administrative Law Judge has determined that the Complaint sets forth prima facie violations of Minn. Stat. §§ 211B.04, 211B.07 and 211B.09.
THEREFORE, IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that this matter will be scheduled for an evidentiary hearing to be held at the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota 55401, before three Administrative Law Judges. The evidentiary hearing must be held within 90 days of the date the complaint was filed, pursuant to Minn. Stat. § 211B.35. You will be notified of the date and time of the evidentiary hearing, and the three judges assigned to it, within two weeks of the date of this Order. The evidentiary hearing will be conducted pursuant to Minnesota Statutes § 211B.35. Information about the evidentiary hearing procedures and copies of state statutes may be obtained online at www.oah.state.mn.us and www.revisor.leg.state.mn.us.
At the evidentiary hearing all parties have the right to be represented by legal counsel, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law. In addition, the parties have the right to submit evidence, affidavits, documentation and argument for consideration by the Administrative Law Judge. Parties should bring with them all evidence bearing on the case with copies for the Administrative Law Judge and opposing party.
At the conclusion of the evidentiary hearing, the Administrative Law Judges will choose to: (1) dismiss the complaint, (2) issue a reprimand, (3) find a violation of 211B.06, and/or (4) impose a civil penalty of up to $5,000. The panel may also refer the complaint to the appropriate county attorney for criminal prosecution. A party aggrieved by the decision of the panel is entitled to judicial review of the decision as provided in Minn. Stat. §§ 14.63 to 14.69.
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 an accommodation, contact the Office of Administrative Hearings at 100 Washington Avenue South, Suite 1700, Minneapolis, MN 55401, or call 612/341-7610 (voice) or 612/341-7346 (TTY).
Dated: November 10, 2004
s/Steve M. Mihalchick for_
RICHARD C. LUIS
Administrative Law Judge
On the face of Ms. Lilyquist’s complaint, she establishes that the campaign material in question, urging voters to support the position of the “Vote Yes” Committee, lacks a disclaimer. The absence of a disclaimer appears to violate Minn. Stat. § 211B.04.
It appears from the face of Ms. Lilyquist’s complaint that Minn. Stat. §§ 211B.07 (use of coercion) and 211B.09 (use of official authority or influence) may both have been violated. Her allegation is that the Superintendent of Schools urged a teacher to support the “Vote Yes” petition in an improper manner.
The allegations support prima facie violations of the election statutes noted.
R.C.L.