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15-6326-16965-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Bob Fine, Complainant, vs. Jim Bernstein, Respondent. |
NOTICE OF AND ORDER FOR PREHEARING
CONFERENCE AND EVIDENTIARY HEARING |
TO:
Bob Fine, 3932 York Avenue South, Minneapolis, MN 55410, and Alan W. Weinblatt, Weinblatt & Gaylord
PLC, 111 E. Kellogg Boulevard, Suite 300, St. Paul, MN 55101.
On November 14, 2005, Bob Fine filed a second complaint with the Office of Administrative Hearings alleging that Jim Bernstein violated Minn. Stat. § 211B.06 by disseminating false campaign material. Administrative Law Judge Beverly Jones Heydinger reviewed the complaint and determined that some of the allegations in the Complaint set forth prima facie violations of section 211B.06.
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:
Beverly Jones Heydinger (presiding judge), Barbara Neilson and
IT IS FURTHER ORDERED AND NOTICE IS HEREBY GIVEN that this matter is scheduled for a prehearing conference to be held by telephone on December 15, 2005, at 9:30 a.m., and an evidentiary hearing to be held at the Office of Administrative Hearings on January 23, 2006, at 9:30 a.m. The prehearing conference will be held by call-in telephone conference. You must call: 651-284-3547 at that time. Follow the directions and enter the code “6965” when asked for the meeting number. At the prehearing conference, preliminary matters will be addressed such as identifying the issues to be resolved and determining whether the matter may be disposed of without an evidentiary hearing.
The evidentiary 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 governing 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.
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 Judges. The panel may consider any evidence and argument submitted until a hearing record is closed, or may continue a hearing to enable the parties to submit additional testimony. All hearings must be open to the public.
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.
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 Office of Administrative Hearings must be promptly notified. To arrange an accommodation, contact the
Office of Administrative Hearings at
Dated this 1st day of December 2005.
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s/Raymond R. Krause |
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RAYMOND R. KRAUSE |
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Chief Administrative Law Judge |