SAMPLE
THIS
DOCUMENT IS NOT PUBLIC OAH Docket No.
(If
applicable)
STATE OF
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR (POLITICAL SUBDIVISION)
|
In
the Matter of |
NOTICE AND ORDER FOR HEARING ( or
PREHEARING CONFERENCE) |
TO: (Name
and Address of Respondent)
(RESPONDENT) IS HEREBY NOTIFIED that the (Political Subdivision) has initiated this action to determine (briefly describe action to be taken and
statutory authority for it.)
IT IS
HEREBY ORDERED that a hearing (or
prehearing conference) will be held on (date,
time) at the Office of Administrative Hearings, 600 North Robert
Street, St. Paul, MN (or alternate
location.) All mail sent to the Administrative Law Judge should be directed to PO
Box 64620, St. Paul, Minnesota 55164-0620.
The Chief Administrative Law Judge, Office of Administrative Hearings,
has assigned this matter to (name of
judge), Administrative Law Judge, Office of Administrative Hearings, PO Box
64620, St. Paul, Minnesota 55164-0620, telephone (651) (judge’s telephone number).
The hearing will be conducted pursuant to the contested case procedures
set out in chapter 14 of Minnesota Statutes, the Rules of the Office of
Administrative Hearings, Minn. Rules 1400.5100 – 1400.8500 (or 1400.8505 -
8612), and Minn. Stat. §§ (specific department or board authority). A copy of these materials may be purchased
from the Minnesota Book Store, telephone 651-297-3000, or are available at www.revisor.leg.state.mn.us. Copies of the rules are also available at www.oah.state.mn.us. (NOTE: This paragraph may be replaced with reference
to the local code or procedures that
will govern the hearing. The ALJ may
only exercise those powers possessed by the contracting governmental agency and
must conduct the hearing according to its procedures, if any.)
The
attorney (or other representative)
for the (Political Subdivision), (name, title, address, telephone) may be
contacted to discuss discovery or informal disposition of this matter.
ALLEGATIONS
(enumerated)
ISSUES
(enumerated
with statutes or code provisions allegedly violated)
ADDITIONAL
NOTICE
1. The Respondent’s failure to appear at the
hearing (prehearing conference) may
result in a finding that the Respondent is in default, that the (Political Subdivision’s) allegations
contained in this Notice and Order may be accepted as true, and its proposed
action may be upheld.
2. If any party has good cause for
requesting a delay of the hearing (prehearing conference), the request must be
made in writing to the Administrative Law Judge at least five days prior to the
hearing (prehearing conference). A copy
of the request must be served on the other party. (NOTE: This paragraph applies if the proceeding is governed by OAH
rules. It may be replaced by a local provision.
If OAH rules do not apply and there is no applicable local provision,
the administrative law judge will exercise discretion in granting requests for
a continuance.)
3. Any party intending to appear at the
hearing (prehearing conference) must file a Notice of Appearance form and
return it to the Administrative Law Judge within 20 days of the date of service
of this Notice and Order. A copy must be
served on the (Political Subdivision’s) attorney. A Notice of Appearance form is enclosed.
(NOTE: This paragraph applies if
the proceeding is governed by OAH rules.
It may be replaced by a local requirement, or by a request that the
parties file a Notice of Appearance and provide a copy to other parties.)
4.
At the 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. The parties are
entitled to the issuance of subpoenas to compel witnesses to attend the
hearing. The parties will have the
opportunity to be heard orally, to present evidence and cross-examine
witnesses, and to submit evidence and argument.
Ordinarily the hearing is tape-recorded. The parties may request that a court
reporter record the testimony at their expense.
5.
Persons
attending the hearing should bring all evidence bearing on the case, including
any records or other documents. Be
advised that if data that is not public is admitted into the record, it may become
public data unless an objection is made and relief is requested under Minn.
Stat. § 14.60, subd. 2.
6.
Requests for
subpoenas for the attendance of witnesses or the production of documents at the
hearing shall be made in writing to the Administrative Law Judge pursuant to
Minn. R. 1400.7000. A copy of the
subpoena shall be served on the other parties.
A subpoena request form is available at www.oah.state.mn.us or by calling 651-361-7900.
(NOTE: If this hearing is not governed by OAH rules, the political
subdivision must have independent authority for the ALJ to issue a
subpoena. That authority should be
included here. If there is no authority,
a subpoena may be requested from the Clerk of District Court, as provided by
7.
(Optional: This case may be appropriate for mediation. The parties are encouraged to consider
requesting the Chief Administrative Law Judge to assign a mediator so that
mediation can be scheduled promptly.)
8.
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. (Optional:
A Guide to Participating in Contested Case Proceedings at the Office of
Administrative Hearings is available at www.oah.state.mn.us
or by calling 651-361-7900. NOTE: If OAH
rules apply, this brochure will assist pro se litigants. It explains the process and terminology.)
9.
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 administrative law judge must be promptly
notified. . To arrange for an accommodation or an
interpreter, contact the Office of Administrative Hearings at
Dated
this ____ day of _______, 20____.
__________________________
(Name)
(Title)
Rev. July 2008
(OAH Docket
Number)
SAMPLE
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR (POLITICAL
SUBDIVISION)
|
In the Matter of (Respondent’s name) |
NOTICE OF APPEARANCE |
TO: Administrative Law Judge (name),
PLEASE
TAKE NOTICE that the party named below will appear at the hearing (prehearing conference) in this matter.
Name, Address, and
Telephone Number of Party:
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Party’s Attorney, Office
Address and Telephone Number:
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Signature of
Party/Attorney: |
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Dated:
_______________________.
NOTICE: This Notice must be served upon the political
subdivision and any other known party.
After an attorney has filed a notice of appearance, withdrawal is
effective only if a notice of withdrawal is promptly served on all parties and
filed with the judge. The notice of
withdrawal must include the address and telephone number of the party. Withdrawal of counsel does not create any
right to a continuance.
Rev. July 2008