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I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br /> I <br /> I <br /> I <br />,I <br /> <br />CASE <br /> <br />CONSIDER AUTHORIZATION FOR RETAINING AN ADMINISTRATIVE <br />LAW JUDGE REGARDING HEALTH ORDINANCE <br /> By: William K. Goodrich, City Attorney <br /> <br />Background: <br /> <br />Pursuant to City Ordinance ~91-14, the City's Health Authority has served an Order on the owner/ <br />operation of an Adult Use located at 6710 Highway #10 in Ramsey. Pursuant to his lawful right, <br />the owner has demanded a hearing before the City's Health Authority or his appointee. As you <br />know, the City's Health Authority is Dr. William Rodman. Dr. Rodman prefers that an <br />independent reviewer hear the testimony and make findings of fact. The State of Minnesota has a <br />hearing office established for this purpose. The hearing officers are called Administrative Law <br />Judges ("ALJ"). The State charges $86.00 per hour for their services. We estimate that the <br />heating will take approximately five to six hours. The hearing office indicates that an ALJ will <br />typically spend an additional ten hours for any necessary research and drafting of findings. This <br />then would be an approximate expense of $1,300.00. In addition, the heating will need to be <br />transcribed by a Court Reporter for an additional approximate $500.00 expense. <br /> <br />Enclosures: <br /> <br />I) <br />2) <br />3) <br />4) <br /> <br />October 23, 1991 letter from Dr. Rodman to Adult Bookstore operator. <br />November 21,1991 letter from Dr. Rodman to Adult Bookstore operator. <br />December 3, 1991 letter from Dr. Rodman to Adult Bookstore operator. <br />December 4, 1991 letter from the bookstore operator's attorney demanding a heating. <br /> <br />Recommendation: <br /> <br />The use of an ALJ is procedurally correct and will afford a fair hearing to all concerned. Staff <br />therefore recommends the use of the ALJ. <br /> <br />Council Action: <br /> <br />Motion to authorize the City Administrator to enter into an agreement with the State of Minnesota <br />Office of Administrative Hearings for the purpose of having an Administrative Law Judge conduct <br />a hearing pursuant to Section 5.15.05 (2) (c) (2) of City Ordinance #91-14. <br /> <br />Review Checklist: <br /> <br />City Attorney <br />City Administrator <br />Police Chief <br />Health Authority <br /> <br />CC:12/17/91 <br /> <br /> <br />