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8-6384-17629-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Complainant, vs. Todd Ouellette, Respondent. |
NOTICE
OF AND ORDER ASSIGNING PANEL FOR DISPOSITION OF COMPLAINT |
TO: Bruce Reed, Jr., 1070 Gilmore
Avenue, Winona, MN 55987; and Todd Ouellette, P.O. Box 1502, Winona, MN 55987.
On November 6, 2006, the Complainant filed a complaint with the Office of Administrative Hearings alleging that the Respondent violated Minnesota Statute § 211B.06 by preparing and disseminating false campaign material. On November 7, 2006, Administrative Law Judge Eric L. Lipman determined that the complaint set forth a prima facie violation of Minn. Stat. § 211B.06, and ordered that the matter be set on for a probable cause hearing to be held by telephone conference call on November 13, 2006. The Respondent failed to appear at the probable cause hearing. By Order dated November 14, 2006, the probable cause hearing was rescheduled to take place by telephone conference call on November 22, 2006. The Respondent again failed to appear at the hearing as ordered.
By Order dated November 29, 2006, Administrative Law Judge Lipman found: (1) that the Respondent is in default; (2) that the allegations contained in the Complaint are accepted as true and deemed proved without further evidence; (3) that there is probable cause to believed the Respondent violated Minn. Stat. § 211B.06 as alleged in the Complaint; and (4) that the matter be referred to the Chief Administrative Law Judge for assignment to a panel of Administrative Law Judges to consider the appropriate disposition of the Complaint pursuant to Minn. Stat. § 211B.35.
THEREFORE, NOTICE IS HEREBY GIVEN
that this matter has been assigned to a panel of three Administrative Law
Judges to determine the disposition of the Complaint. The assigned Administrative Law Judges are: Eric
L. Lipman (presiding judge), Kathleen D. Sheehy and Janice Culnane. The address of the Administrative Law Judges
is
IT IS FURTHER ORDERED AND NOTICE IS
HEREBY GIVEN that the panel of Administrative Law Judges will meet to
determine the appropriate disposition of this matter at 9:30 a.m. on Thursday,
December 7, 2006. No appearance is
required because the Respondent was early adjudged to be in default and the
allegation in the Complaint that the Respondent violated
The parties may submit any written argument or documentation they wish the panel to consider (limited to the issue of the disposition of the Complaint, as described below) to Presiding Judge Eric Lipman by 12:00 p.m. on Wednesday, December 6, 2006. The submissions may be faxed to Judge Lipman’s attention at 612-349-2665.
Based on the Respondent’s violation of Minn. Stat. § 211B.06, as alleged in the Complaint, the panel 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.
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 Minnesota Statutes §§ 14.63 to 14.69.
Dated: November 30, 2006
/s/
Raymond R. Krause____
RAYMOND
R. KRAUSE
Chief Administrative Law Judge