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OAH 4-6326-20522-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Dave Bicking, Complainant, vs. R.T. Rybak for Mayor, Respondent. |
NOTICE OF AND ORDER FOR PREHEARING
CONFERENCE AND EVIDENTIARY HEARING |
TO: Dave Bicking, [Street Address Redacted],
Minneapolis, MN 55407; and Gregory R. Merz, Attorney at Law, 500 IDS Center, 80
South Eighth Street, Minneapolis, MN 55402.
On May 12, 2009, Dave Bicking filed a Complaint with the Office of Administrative Hearings alleging that R.T. Rybak for Mayor violated Minn. Stat. § 211B.02 by disseminating campaign material that falsely states that Minneapolis City Councilperson Cam Gordon endorses R.T. Rybak’s candidacy for Mayor of Minneapolis. Administrative Law Judge Bruce H. Johnson reviewed the Complaint, and by Order dated May 13, 2009, determined that the Complaint sets forth a prima facie violation of Minn. Stat. § 211B.02.
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),
Beverly Jones Heydinger, and Patricia J. Milun.
The address of the Administrative Law Judges is
IT IS FURTHER ORDERED AND NOTICE IS HEREBY GIVEN that this matter is scheduled for a prehearing conference to be held by telephone on Tuesday, June 9, 2009, at 10:00 a.m., and an evidentiary hearing to be held at the Office of Administrative Hearings on Tuesday, July 7, 2009, at 9:30 a.m. The prehearing conference will be held by call-in telephone conference. You must call: 1-888-324-6860 at that time. Follow the directions and enter the code “20522” 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.
A failure by the Respondent to participate and appear by telephone at
the prehearing conference may result in a finding that the Respondent is in
default, that the Complainant’s allegations contained in the Complaint may be
accepted as true, and that the Presiding Administrative Law Judge may dispose
of the Complaint according to Minn. Stat. § 211B.35, subd. 2.
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 the 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.02, relating to false claims of support, 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 claim of support violated section 211B.02.
(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 21st day of May, 2009.
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s/Raymond R. Krause |
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RAYMOND R. KRAUSE |
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Chief Administrative Law Judge |