Opinions Archive

 2013

• 11-0330-22899 In the Matter of the Petition for the Detachment of Certain Lands from the City of Florence pursuant to Minnesota Statutes Chapter 414
  
  May 08, 2013 - The Administrative Law Judge concludes that the Petition for Detachment should be granted.
• 68-0902-30135 In the Matter of the Adopted Rules of the Minnesota Board of Dentistry Relating to Limited General Dentists, Dentists, Dental Therapists, Dental Hygienists, and Licensed Dental Assistants, Minnesota Rules, Parts 3100.1130, 3100.1700, 3100.1750, 3100.1850, 3100.0600, 3100.5100, 3100.5300, 3100.7000, 3100.8400, 3100.8500, and 3100
  
  May 07, 2013 - The Board has the statutory authority to adopt the rules. The rules were adopted in compliance with all procedural requirements of Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400. Minn. R. 3100.1130, Subpart 1, Item A and Minn. R. 3100.1130, Subpart 3, Item H are APPROVED. All other parts of the rules were approved for legality under the terms of the April 5, 2013 Order.
• 68-1004-30526 In the Matter of the Application of Michael Lauen for an Insurance Producer’s License
  
  May 06, 2013 - The Administrative Law Judge concludes that the record demonstrates that Mr. Lauen has been convicted of a crime involving moral turpitude. In addition, Mr. Lauen has failed to meet his burden to show the license should be granted. Therefore, the Administrative Law Judge respectfully recommends that the Commissioner of the Department of Commerce AFFIRM the denial of Michael Lauen’s application for an insurance producer’s license.
• OAH Report on Receipts and Expenditures Relating to the Data Practices Act
  
  April 30, 2013 - The Office of Administrative Hearings was directed by the 2010 Session Laws of Minnesota, Chapter 297, Section 3, to make an annual report to the "chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the office on receipt and expendtiure of money under [Minn. Stat. § 13.085] in the preceding fiscal year."
• 8-1900-23099 In the Matter of the Adopted Rules of the Medical Services Review Board and Rehabilitation Review Panel Relating to their Joint Rules of Procedure, Minnesota Rules Chapter 5217
  
  April 26, 2013 - The adopted rules are APPROVED.
• 68-2002-30595 In the Matter of the Proposed Rules of the Department of Natural Resources Relating to Falconry
  
  April 23, 2013 - The Additional Notice Plan is APPROVED. The Dual Notice is APPROVED.
• 60-0325-30237 Jan Throndson v. Fairway Outdoor Advertising
  
  April 23, 2013 - The Panel concludes that the Complainant has established by a preponderance of the evidence that Respondent violated Minn. Stat. § 211B.05, subd. 2, by charging political candidates different rates for advertising. The Panel concludes further that a civil penalty of $250 is appropriate.
• 48-3100-30344 Teresa L. Koplin v. Kandiyohi County
  
  April 19, 2013 - This matter is reassigned to the Honorable Steve M. Mihalchick. The DOCKET NUMBER IS MODIFIED to: OAH 48-3100-30344. Respondent’s Motion to Strike and Request for Continuance is GRANTED as set forth in the attached Memorandum. Respondent’s Motion to Dismiss is DENIED.
• 65-1005-30057 In the Matter of Equity Builders, et al.
  
  April 18, 2013 - The Department’s Motion for a Default is DENIED WITHOUT PREJUDICE to re-filing. The reassignment of this matter for additional proceedings to the Honorable Ann C. O’Reilly is still in effect and the current docket number is listed above.
• 11-0320-22965 Common Cause Minnesota v. Republican Party of Minnesota, Tony Sutton, Ron Huettl, Count Them All Properly, Inc., Mary Igo, Tom Datwyler, Fred Meyer and Dan Puhl
  
  April 16, 2013 - That Respondent CTAP pay a civil penalty of $600 by July 15, 2013, for violating Minn. Stat. § 211B.15, subd. 2. That Respondent Dan Puhl pay a civil penalty of $600 by July 15, 2013, for violating Minn. Stat. § 211B.15, subd. 2, in his role as incorporator, officer and CTAP board member pursuant to Minn. Stat. § 211B.15, subd. 6. That Respondents Mary Igo, Tom Datwyler, and Fred Meyer are reprimanded for violating Minn. Stat. § 211B.15, subd. 2, in their roles as officers and board members of CTAP pursuant to Minn. Stat. § 211B.15, subd. 6. That the Complainant’s allegations that Respondents RPM, Tony Sutton, and Ron Huettl violated Minn. Stat. § 211B.15, subd. 13, by aiding and abetting CTAP’s violation of Minn. Stat. § 211B.15, subd. 2, are DISMISSED. That the Complainant’s allegation that Respondent Tony Sutton violated Minn. Stat. § 211B.15, subd. 6, by acting as an agent on behalf of CTAP and directing CTAP to violate Minn. Stat. § 211B.15, subd. 2, is DISMISSED