4-6318-16185-CV

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

Margaret J. Tilley, Complainant v.   James Swift, Respondent

NOTICE OF DETERMINATION OF PRIMA FACIE VIOLATION AND NOTICE OF AND ORDER FOR PROBABLE CAUSE HEARING

TO:  Margaret Tilley, 1055 Wescott Road, Eagan, MN  55123, and James Swift, 1125 Westbury Path, Eagan, MN  55123.

On October 4, 2004, Complainant filed a complaint with the Office of Administrative Hearings alleging a violation of Minn. Stat. Chap. 211B.06 by Respondent.  After reviewing the complaint, the undersigned Administrative Law Judge has determined that the complaint sets forth prima facie violations of chapter 211B.06.  The complaint alleges that the Respondent has communicated false statements about the Complainant’s conduct and personal and political character with the intent to defeat the Complainant in the election.  Specifically, the complaint alleges that Respondent has falsely stated that Ms. Tilley “proclaimed June 2004 to be GLBT month” and that Ms. Tilley is attempting to condemn the land of a 67-year old Eagan resident who is in poor health. 

THEREFORE, IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that this matter is scheduled for a probable cause hearing to be held by telephone before the undersigned Administrative Law Judge on Thursday, October 7, 2004, at 9:30 a.m.  The Administrative Law Judge will contact Ms. Tilley at 651-485-5558 and Mr. Swift at 952-838-7549, unless the parties request to be called at a different telephone number.  If you wish to be contacted at a different telephone number, please call Staff Attorney Mary Beth Gossman at 612-349-2539 immediately.  If any party has additional written material to be considered it may be delivered, or faxed to 612-349-2665, and to the opposing party by 4:30 p.m. on October 6, 2004.  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 obtained 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 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 submit all evidence bearing on the case with copies for the Administrative Law Judge and the opposing party.

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, under 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 100 Washington Avenue South, Suite 1700, Minneapolis, MN 55401, or call 612-341-7610 (voice) or 612-341-7346 (TTY).

 

 

Dated: October 5, 2004

 

 

                                                                      /s/ Bruce H. Johnson

                                                                      BRUCE H. JOHNSON

                                                                      Administrative Law Judge