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4-6326-16911-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Complainant, vs. Jason Stone, Respondent. |
NOTICE OF AND ORDER FOR EVIDENTIARY
HEARING |
TO: William Hansen, 3723 East
Minnehaha Parkway, Minneapolis, MN 55417; and Jason Stone, 1708 57th
Street East, Minneapolis, MN 55417.
On October 14, 2005, William Hansen filed a complaint with the Office of Administrative Hearings alleging that Jason Stone violated Minn. Stat. § 211B.04 by failing to have proper disclaimers on his campaign material. On October 17, 2005, Administrative Law Judge Bruce H. Johnson determined that the complaint set forth a prima facie violation of Minn. Stat. § 211B.04, and by Order dated October 21, 2005, the Administrative Law Judge found that there is probable cause to believe that Respondent violated Minn. Stat. § 211B.04.
THEREFORE, NOTICE IS HEREBY GIVEN
that this matter has been assigned to a panel of three Administrative Law
Judges for an evidentiary hearing. The
assigned Administrative Law Judges are: Bruce H. Johnson (presiding Judge), Richard
C. Luis, and
IT IS FURTHER ORDERED AND NOTICE IS HEREBY GIVEN that this matter is scheduled for an evidentiary hearing to be held on October 26, 2005, at 11:00 a.m. No appearance is required because the parties have agreed to use the probable cause record for the final decision. The hearing has been ordered pursuant to the authority granted to the Chief Administrative Law Judge by Minn. Stat. § 211B.35, subd. 1. The hearing will be conducted pursuant to Minn. Stat. §§ 211B.35 and 211B.36. Information about the evidentiary hearing and copies of state statutes and rules may be obtained online at www.oah.state.mn.us and www.revisor.leg.state.mn.us. 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.
Pursuant to an agreement of the parties, the panel will make its decision based on the testimony presented and the record created at the probable cause hearing.[1]
At any time before an evidentiary hearing begins, a complainant may withdraw a complaint. After the evidentiary hearing begins, however, a complaint filed may only be withdrawn with the permission of the panel.
If the panel determines the complaint is frivolous, it may order the complainant to pay the respondent’s reasonable attorney fees and to pay the costs of the office in the proceeding in which the complaint was dismissed.
The burden of proving the allegations in the complaint is on the complainant. The standard of proof of a violation of section 211B.06, relating to false statements in paid political advertising or campaign material, is clear and convincing evidence. The standard of proof of any other violation of chapter 211A or 211B is a preponderance of the evidence.
At the conclusion of the evidentiary hearing, the panel must determine whether the violation alleged in the complaint occurred and must make at least one of the following dispositions:
(1) The panel may dismiss the complaint.
(2) The panel may issue a reprimand.
(3) The panel may find that a statement made in a paid advertisement or campaign material violated section 211B.06.
(4) The panel may impose a civil penalty of up to $5,000 for any violation of chapter 211A or 211B.
(5) The panel may refer the complaint to the appropriate county attorney.
The panel must dispose of the complaint within three days after the hearing record closes, if an expedited probable cause hearing was required by section 211B.33; or within 14 days after the hearing record closes, if an expedited probable cause hearing was not required by section 211B.33.
A party aggrieved by a final decision on a complaint filed under section 211B.32 is entitled to judicial review of the decision as provided in Minn. Stat. §§ 14.63 to 14.69.
Dated: October 25, 2005
William
R. Johnson for
RAYMOND
R. KRAUSE
Chief
Administrative Law Judge