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4-6385-17049-CV |
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
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B.U.I.L.D. Citizen Committee, Michelle Heuer, Chairperson, Complainants, vs.
W.I.S.E., and Victor Niska, Chairperson, Respondents. |
NOTICE OF AND ORDER FOR PREHEARING CONFERENCE AND EVIDENTIARY HEARING |
TO: B.U.I.L.D. Citizen Committee, Michelle Heuer, Chairperson, 108 Maple Avenue, Waverly, MN 55390, and W.I.S.E., Victor Niska, Chairperson, 113 3rd Street South, Waverly, MN 55390.
On January 6, 2006, Michelle Heuer, as Chairperson for B.U.I.L.D. Citizen Committee, filed a Complaint with the Office of Administrative Hearings alleging that W.I.S.E. and Victor Niska violated Minn. Stat. § 211B.06 by preparing and disseminating false campaign material. Administrative Law Judge Bruce Johnson reviewed the complaint and determined by Order dated January 10, 2006, that three 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: Bruce H. Johnson (presiding judge), Beverly Jones Heydinger, and Kathleen Sheehy. The address of the Administrative Law Judges is 100 Washington Avenue South, Suite 1700, Minneapolis, MN 55401-2138. The Administrative Law Judges may be reached at telephone number 612-341-7600 and the Office’s fax number is 612-349-2665.
IT IS FURTHER ORDERED AND NOTICE IS HEREBY GIVEN that this matter is scheduled for a prehearing conference to be held by telephone on February 8, 2006, at 9:30 a.m., and an evidentiary hearing to be held at the Office of Administrative Hearings on March 3, 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 “6385” 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 100 Washington Avenue South, Suite 1700, Minneapolis , MN 55401, or call 612-341-7610 (voice) or 612-341-7346 (TTY).
Dated this 18th day of January 2006.
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/s/ Raymond R. Krause |
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RAYMOND R. KRAUSE |
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Chief Administrative Law Judge |
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