THIS
DOCUMENT IS NOT PUBLIC OAH Docket No.
(If
applicable)
STATE OF
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR (DEPARTMENT OR BOARD)
|
In
the Matter of |
NOTICE AND ORDER FOR HEARING ( or
PREHEARING CONFERENCE) |
TO: (Name
and Address of Respondent)
(RESPONDENT) IS HEREBY NOTIFIED that the (Department/Board) has initiated this action to determine (briefly describe action to be taken and
statutory authority for it.)
IT IS
HEREBY ORDERED that a contested case 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.
The
attorney for the (Department/Agency,)
(name, title, address, telephone) may
be contacted to discuss discovery or informal disposition of this matter.
ALLEGATIONS
(enumerated)
ISSUES
(enumerated
with statutes or rules allegedly violated)
ADDITIONAL
NOTICE
1. The Respondent’s failure to appear at the
hearing or any prehearing conference, may
result in a finding that the Respondent is in default, that the (Department’s/Board’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 or any prehearing conference, the request
must be made in writing to the Administrative Law Judge at least five days
prior to the scheduled date. A copy of
the request must be served on the other party.
3. Any party intending to participate as a
party Sin this proceeding 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 (Department’s/Board’s)
attorney. A Notice of Appearance form is
enclosed.
4.
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 request 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.
7.
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 contested case proceedings in accordance with
the Minnesota Rules of Professional Conduct and the Professionalism Aspirations
adopted by the Minnesota Supreme Court.
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.
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, including a foreign language 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 _______, 201_.
__________________________
(Name)
(Title)
Rev. 2/11
(OAH Docket Number)
STATE OF
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR (DEPARTMENT/BOARD)
|
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 attorney for the agency 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.