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7-6357-19862-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Mark Klasen,
Complainant, vs. Mark Dick and Robert
Workman,
Respondents. |
NOTICE OF AND ORDER FOR PREHEARING
CONFERENCE AND EVIDENTIARY HEARING |
TO: Mark
Klasen, [address redacted], Hinckley, MN
55037; Mark Dick, [address redacted], Hinckley, MN 55037; and Robert Workman, [address redacted],
Hinckley, MN 55037.
On August 18, 2008, Mark Klasen filed a Complaint with the Office of Administrative Hearings alleging Respondent Mark Dick violated Minn. Stat. §§ 211B.04 (disclaimer), 211B.06 (false campaign material) and 211B.11 (election day prohibitions). The Complaint also alleged that Robert Workman and Maynard Workman violated Minn. Stat. § 211B.11 (election day prohibitions). Administrative Law Judge Richard C. Luis reviewed the Complaint and, by Order dated August 19, 2008, determined the Complaint sets forth prima facie violations of § 211B.11 with respect to Respondents Mark Dick and Robert Workman. The remaining allegations against Mark Dick were dismissed, and the Complaint was dismissed in its entirety as to Respondent Maynard Workman.
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: Richard C. Luis (presiding judge), Eric L. Lipman, 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 Friday, August 29, 2008, at 10:30 a.m., and an evidentiary hearing to be held at the Office of Administrative
Hearings on Friday, September 19, 2008, at
9:30 a.m.
The September 19th prehearing conference will be conducted by call-in telephone conference. You must call: 1-888-323-9794 at that time. Follow the directions and enter the code “19862” when asked for the meeting number. At the prehearing conference, preliminary matters will be addressed such as identifying the issues to be resolved, the number of potential witnesses, 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 21 day of August 2008.
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/s/ Raymond R. Krause |
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RAYMOND R. KRAUSE |
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Chief Administrative Law Judge |
cc: Judge Richard Luis
Judge Eric Lipman
Judge Patricia Milun
Docket Clerk
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