DCA23136/CC

t

OAH Docket No. 15-1005-22734-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR DEPARTMENT OF COMMERCE _ ORDER DENYING LICENSE APPLICATION, NOTICE OF AND ORDER

In the Matter . of the Debt Collector Registration Application of Corey J. Cagle

FOR HEARING, AND STATEMENT OF CHARGES
TO: Corey J. Cagle * 300 Bainbridge Court Mason, OH 45040 NOTICE OF HEARING C O R E Y J. C A G L E ("APPLICANT") IS HEREBY NOTIFIED that the Department of Commerce has initiated this action to provide Applicant with the opportunity to show cause . why his registration application as a debt collector should not be denied. ORDER FOR HEARING IT IS HEREBY ORDERED that a hearing will be held at 9:30 a.m. on Thursday, May 17, 2012 at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota. The Chief Administrative Law Judge, Office of Administrative Hearings, has

assigned this matter to Administrative Law Judge Beverly Jones Heydinger, telephone (651) 361-7838. All mail sent to the Administrative Law Judge assigned to this matter should be directed to P.O. Box 64620, St. Paul, M N 55164 0620. The hearing will be conducted under the contested case procedures set out in chapters 14, 45 and 332 of Minnesota Statutes (2010) and the Minnesota Rules, Chapter 1400 (2011) of the Office . of Administrative Hearings. Minnesota's Book Store, A copy of these materials may be purchased from (651) 297-3000, • or are available at

telephone

www. revisor. leg. state, mn. us. Copies of the rules are also available at www. oak state, mn. us.

The Forney handhng this case for the Department is Assistant Attorney general MiohaeiJ T o s t e n g a r ^ ^ 5 r e m e r T o w e r , ^ M i r m e s o t a ^ 2 ^ ^ ) 7 5 7 ^ 3 ^ disposition of this matter. ALLEGATIONS L On Decemhcr 29, 2011,Apphcant submitted an apphcation for registration a^a Mr Tostengard may he contacted to discuss discovery or informal

dchtcoll^ctor. Applicant has no licensing historymthe State o f M ^ 2. ^uestion^l on the application states:

Have you ever been convicted ofacrime,hada^udgment withheld or deferred, or have you been charged with committingacrime7^ It is clearly stated on the application ^If you answer yes, youmust submit a) b) c) awrittcn statement explaining the circumstances of each incident, acertified copy ofthe charging document, accrtificd copy of the official document,which demonstrates the resolution ofthe charges or any frnal^udgment.

The Applicant answcrcd^Ycs^ to this questioned stated that he would ^senddocumenta^^ The Applicant did not include any of the required supporting documentation as o u ^ application. 3. On January 4, 2012, the Department sent an email to Account Control

Technology, the collection agency which Applicant indicated he wouldbe affiliated with, ioforming them that the department had not received the legal documcntati^ application to be processed. 4 AccountControlTechnology submittcda 12-pagefaxtothcDepartmcnton

January 20, 2012 mrespor^e to the Department'srequcst. The documents provided evidence of
^

the following: OnNovcmber4,2008,Apphcantentcredaplca of guilty to the charge oftheftin

Mason (Ohio) Municipal Court. On December 29, 2008, the Applicant was sentenced in Warren County (Ohio) Common Pleas Court,for the felony of inducing panic and misdemeanor theft. Applicant was sentenced to five' years of community control and restitution in the amount of $21,230.36. On November 10, 2009, Applicant completed probation.' On February 2, 2010, Applicant entered a plea of guilty to domestic violence in Mason (Ohio) Municipal Court. 5.
<

Applicant, did not provide a written statement explaining the circumstances of
«

each incident as required on the application. Applicant did not provide a certified copy of the charging document for each incident as required on the application. Although all required documentation has not been provided, the documents which have been submitted are sufficient to determine that denial of the registration is the appropriate action. 6. The Department informed the Applicant that it intends to deny his application due

to his felony conviction within the last five years. Applicant has requested a hearing.. 7. This Order is in the public interest. VIOLATION The fact that the Applicant was convicted of a felony within 5 years prior to application for licensure clearly demonstrates that he is disqualified from licensure based upon his prior conviction. Minn. Stat. § 332.35 (2010) ADDITIONAL NOjTICE 1. . Applicant's failure to appear at the hearing may result in afindingthat Applicant

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. 2. If any party has good cause for requesting a delay of the hearing, the request must
)

be made in writing to the Administrative Law Judge at least five (5) days prior to the hearing. A copy of the request must be served on the other party.

3

Any party mending to appe^ ^ ANoticeof

form andreturnit to the Adn^sfrativc Law Statement of Charges

Aoopy must he served on the Departments attorney

Appearance form is attached. 4. At the hearing, ail parties have the right to hereprcschtcdhyicgaicounsel .

themscives, or hyapcrsonofthcir choice ifnot etherise prohibited as the un^ ofiaw 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,toprescntcvidcnce and crossexamine witnesses,andto submitcvidcncc and argument. Ordinarily thehcaring is taperecorded. The parties may request thatacourt reporter record the testimony at their expense. 5. Persons attending thchearingshouldbringall cvidcnccbearingon thecase,

^ B

^

.

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 M i n n S t a t § 1 4 ^ , s u b d 2 ^ 1 ^ 6. Rcqucstsfor subpoenas fortheattendance of witnesses ortheproductionof ^

documents at the hearing shall be made in writing to the Administrative Law

Minn.R 14007000^011). Acopyofthcsubpoenarcqucstshallbc served on the othcrpartics Asubpoena request form isavailable at ^ ^ ^ . ^ ^ . ^ ^ o r by contacts AdministrativeHearingsat^l)361-7900^ 7. This cascmay be appropriatcfor mediation. Thcparties are encouragedto ^

consider requesting the Chief Administrative Law Judge to assignamc^^^ can be scheduled promptly.

4

8

The Office of Admimsfra^

accordance with the Minnesota Rules of Professions Conduct and the Professionalism Aspirations adopted hythc Minnesota Supreme Court. ACuidc to Participating in Contested Case Proceedings at the Office of Administrative Hearings is available at or hycontactingthcO^cc of Admmistrativc Hearings a t ^ l ) 3 6 1 - 7 ^ 9. Any party who needs an acconunodationforadisahility in order to participate in
^ ^

this hearing process may request one.

Examples of reasonable accommodations include

wheelchair acccssibitity^an interpreter, or Eraillc or large-print materials If any party requires anmtcrprctcr,mcludmgaforcignlang promptly notified. To arrangc for an accommodation or an intcrprctcr, contact the Office of Administrative Hearings, Post Office Box 64620, St. Paul, Minncsota^l64-^0, or may calL ^l)361-7900(voicc)or^l)361-7^(TT^ 10. Pursuant to Minn Stat §45027,subd6(2010), Applicant may be sub^ccttoa

civilpcnalty not tocxcccd $10,000 per violationuponafinal dctcrminationthat Applicant violated any law,rulc or^order. Dated: ^ ROTHMAN Commissioner Minnesota Department of Commerce ^ScvcnthPlaccEast, Suite 500 St Paul,MN 55101 Telephone: (651)296-4026

' DCA23136/CC ' .

OAH Docket No. 15-1005-22734-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE DEPARTMENT OF COMMERCE NOTICE OF APPEARANCE

In the Matter of the Debt Collector Registration Application of Corey J. Cagle Date: Thursday, May 17,2012
*

Time: 9:30 a.m.
,

TO:

Honorable Beverly Jones Heydinger, Administrative Law Judge, Office of Administrative Hearings, Post Office Box 64620, St. Paul, Minnesota 55164-0620

PLEASE T A K E NOTICE that the party named below will appear at the hearing in this matter: Department of Commerce Enforcement Division 85 East Seventh Place, Suite 500 St. Paul, M N 55101 (651) 296-4026 or (1-8.00) 657-3978 PLEASE T A K E FURTHER NOTICE that the attorney named below will appear on behalf of the Department of Commerce: Michael J. Tostengard Assistant Attorney General Attorney Reg. No. 204973 445 Minnesota Street, Suite 900 • St. Paul, M N 55101-2127 (651)757-1314

Dated: MICHAEL J. TOSTENGARD

DCA23136/CC

OAH Docket No. 15-1005-22734-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE DEPARTMENT OF COMMERCE ' .

In the Matter of the Debt Collector Registration Application of Corey J. Cagle Date: Thursday, May 17,2012 . TO: Honorable
f '

NOTICE OF APPEARANCE

Time: 9:30 a.m.' Office of
' '

Beverly Jones Heydinger, Administrative Law Judge,

Administrative Hearings, Post Office Box 64620, St. Paul, Minnesota 55164-0620 PLEASE TAKE NOTICE that the party named below will appear at the hearing in this matter: Name, Address, and.Phone Number of Party:

Party's Attorney, Office Address and Phone Number:

Dated:

' Signature of Party/Attorney .
)

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 phone number of the party. Withdrawal of counsel does not create any right to a continuance. Minn. R. 1400.5700.
AG: #2970630-vl •.

:. 7.

Sign up to vote on this title
UsefulNot useful