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8-6312-17565-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Kurt Naumann, Complainant, vs. Marv Stais, Respondent. |
NOTICE OF DETERMINATION OF PRIMA
FACIE VIOLATION AND NOTICE OF AND ORDER FOR PROBABLE CAUSE
HEARING |
TO: Kurt Naumann,
On October 6, 2006, Kurt Naumann filed a Complaint with the Office of Administrative Hearings alleging that Marv Stais violated Minnesota Statutes § 211B.10. After reviewing the Complaint and attached exhibits, the undersigned Administrative Law Judge has determined that the Complaint sets forth a prima facie violation of Minnesota Statutes § 211B.10.
THEREFORE, IT IS ORDERED AND NOTICE IS GIVEN that this matter is scheduled for a probable cause hearing to be held by telephone before the undersigned Administrative Law Judge at 8:30 a.m. on Wednesday, October 11, 2006. The hearing will be held by call-in telephone conference. You must call: 1-800-857-9602 at that time. Follow the directions and enter the numeric pass code “17565” when asked for the meeting number. The probable cause hearing will be conducted pursuant to Minn. Stat. § 211B.34. Information about the probable cause proceedings and copies of state statutes may be found online at www.oah.state.mn.us and www.revisor.leg.state.mn.us.
At the probable cause hearing all parties have the right to be represented by legal counsel, by themselves, or by a person of their choice if that choice is 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 provide to the Administrative Law Judge all evidence bearing on the case, with copies to the opposing party, before the telephone conference takes place. Documents may be faxed to Judge Lipman at 612-349-2665.
At the conclusion of the probable cause hearing, the Administrative Law Judge will either: (1) dismiss the complaint based on a determination that the complaint is frivolous, or that there is no probable cause to believe that the violation of law alleged in the complaint has occurred; or (2) determine that there is probable cause to believe that the violation of law alleged in the complaint has occurred and refer the case to the Chief Administrative Law Judge for the scheduling of an evidentiary hearing. Evidentiary hearings are conducted pursuant to Minn. Stat. § 211B.35. If the Administrative Law Judge dismisses the complaint, the complainant has the right to seek reconsideration of the decision on the record by the Chief Administrative Law Judge pursuant to Minn. Stat. § 211B.34, subd. 3.
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
Dated: October 9, 2006
/s/
Eric L. Lipman______
ERIC L. LIPMAN
Administrative Law Judge
The Complaint alleges that Respondent Marv Stais was a
candidate for mayor of
A person may
not reward or promise to reward another in any manner to induce the person to
be or refrain from or cease being a candidate.
A person may not solicit or receive a payment, promise, or reward from another
for this purpose.
If the evidence at a hearing were to establish that the Respondent did accept payment or the promise of future reward in return for ceasing his candidacy, those facts would establish a violation of Minn. Stat. § 211B.10, subd. 1. The Administrative Law Judge therefore determines that the Complaint has alleged a prima facie violation of Minn. Stat. § 211B.10. The allegations will proceed to a probable cause hearing.
E.L.L.