FINDINGS OF FACT
1. On October 6, 2011, the Department served the Notice of and Order for Hearing, Order for Prehearing Conference, Order to Show Cause, and Statement of Charges (“Notice of Hearing”) initiating this contested case proceeding on CRC via first class mail at its last known address in Blaine, Minnesota.
2. The Notice of Hearing set a prehearing conference for December 1, 2011, at 1:30 p.m. at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota.
3. The Notice of Hearing included the following notice: Respondent’s failure to appear at the prehearing conference or hearing may result in a finding that Respondent is in default, that the Department’s allegations contained in the Statement of Charges may be accepted as true, and that its proposed disciplinary action may be upheld.
4. CRC did not file any Notice of Appearance or make any request prior to the December 1, 2011, prehearing conference for a continuance or any other relief. No one appeared at the prehearing conference on behalf of CRC.
CRC has not contacted the Administrative Law Judge at any time prior to the issuance of this Report. 5. Because CRC failed to appear at the prehearing conference in this matter, it is in default. 6. Pursuant to Minn. Rules part 1400.6000, the allegations contained in the Notice of Hearing are hereby taken as true and incorporated into these Findings of Fact. Based upon the Findings of Fact, the Administrative Law Judge makes the following:
1. The Administrative Law Judge and the Commissioner of Commerce have jurisdiction over this matter pursuant to Minn. Stat. §§ 14.50, 45.027, 332.40, and 332.41. 2. CRC was given timely and proper notice of the Prehearing Conference in this matter.
Affidavit of Service by U.S. Mail of Jean-Anne Gates attached to Notice of Hearing.
Notice of Hearing, p. 1.
. at p. 3.
Christian M. Sande, Attorney at Law, appeared at the prehearing conference on behalf of Robert J. Nielsen personally, and Barbara A. Nimis, Attorney at Law, appeared on behalf of Joan Nielsen personally.