Pulse #17163

OAH Docket No 8-1005-21521-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR DEPARTMENT OF COMMERCE

In the Matter of the Debt Collector Registration Application of Bobbie Radke TO Bobbie Radke 871 4th Street East, Apt 2 St Paul.MN 55106

NOTICE AND ORDER FOR HEARING

BOBBIE RADKE ("RESPONDENT") IS HEREBY NOTIFIED that, the Department of Commerce ("Department") has initiated this action to provide Respondent with the opportunity to show cause why his application for registration as a debt collector should not be denied IT IS HEREBY ORDERED that a hearing will be held at 9 30 a m on October 15, 2010, at the Office of Administrative Hearings, 600 North Robert Street, St Paul, Minnesota All mail sent to the Administrative Law Judge assigned to this matter should be directed to P.O. Box 64620, St. Paul, MIS' 55164-0620. The Chief Administrative Law Judge, Office of Administrative Hearings, has assigned this matter to Assistant Chief Administrative Law Judge Eric L 651-361-7842 The hearing will be conducted under will be conducted under the contested case procedures set out Chapters 14, 45 and 332 41 of Minnesota Statutes (2008) and the Rules of the Office of Administrative Hearings, Minnesota Rules Chapter 1400 (2009) A copy of these Lipman, telephone

materials may be purchased from the Minnesota Book Store, telephone (651) 297-3000. or are available at mitr iwisor leg slate mniis uinv oah slate tun us Copies of the rules are also available at

The attorney handling this case for the Department is Assistant Attorney General Christopher M Kaisershot, 1200 Bremer Tower, 445 Minnesota Street, St Paul, Minnesota 55101-2130, (651) 757-1264 disposition of this matter Mr Kaisershot may be contacted to discuss discovery or informal

ORDER To SHOW CAUSE

IT IS FURTHER ORDERED that, pursuant to Minn Stat 45 027, subd 7(b) (2008), Respondent must show cause why his application for registration as a debt collector should not be denied

STATEMENT OF CHARGES
1 collector 2 Question No 1 on the application asks whether the applicant has ever been On June 17, 2010. Respondent submitted an application for registration as a debt

convicted of or charged with a crime 3 Respondent confirmed that in 2007, he was convicted of felony possession of

child pornography on his home computer 4 The Department investigated Respondent's conviction and discovered that, on

July 20, 2007, Respondent was charged with, pleaded to, and convicted of 25 counts of Serious Felony - Possession of Child Pornography 5 Under Minnesota law. no debt collector registration shall be issued to any person

convicted of "any felony" in the past 5 years Minn Stat 332 35 (2008) 6 On July 8, 2010, the Department notified Respondent that he was ineligible for

registration as a debt collector, among other reasons, because he had been convicted of 25 felonies within the past 5 years See Minn Stat 332 33, subd 5a (2008)

On August 2, 2010, Respondent requested an administrative hearing to appeal the

Department's determination SeeMiwi Stat 33241(2008) 8 This Order is in the public interest

VIOLATIONS
Count 1 Respondent is ineligible for registration as a debt collector as a matter of law based on his July 20. 2007 conviction for 25 counts of Serious Felony - Possession of Child Pornography Minn Stat 332 35 (2008) Count II Respondent engaged in an acts or practices which demonstrate that the he is untrustworthy or otherwise .incompetent or unqualified to act under the authority or license granted by the Commissioner Minn Stat 45 027. subd 7(a)(4) (2008)

CRIMINAL REHABILITATION ACT DOES NOT PRECLUDE DISQUALIFICATION

Minnesota Statutes Chapter 364 (2008) does not preclude Respondent's disqualification from registration as a debt collector because his conviction was based on underlying misconduct that is grounds to censure, suspend, or revoke a debt collector's registration under Minn Stat 45 027, subd 7 and 332 35 (2008) SeeMurn Stat 45 027, subd 10(2008) Additionally. Respondent does not benefit from Minn Stat 36403. subd 1 (2008) because Respondent's conviction directly relates to the licensed occupation as a debt collector See Minn Stat 364 03, subds 1-2 (2008) Further, Respondent has failed to show competent

evidence of sufficient rehabilitation and present fitness to perform the duties of a debt collector See Minn Stat 364 03, subd 3 (2008)

ADDITIONAL NOTICE
1 Respondent's failure to appear at the preheanng conference, settlement

conference, or the hearing, or failure to comply with any order of the Administrative Law Judge, 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 Respondent's registration application may be denied 2 If any party has good cause for requesting a delay of the preheanng conference,

the request must be made in writing to the Administrative Law Judge at least five days before the preheanng conference A copy of the request must be served on the other party 3 Any party intending to appear at the hearing or preheanng conference must file a

Notice of Appearance form and return it to the Administrative Law Judge within 20 days of the date of service of the Statement of Charges A copy must be served on the Department's

attorney A Notice of Appearance form is attached 4 At the hearing, 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 heanng 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 heanng is taperecorded The parties may request that a court reporter record the testimony at their expense 5 Persons attending the heanng should bnng 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 (2008)

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 Rule 1400 7000 (2009) parties 7900 7 This case may be appropriate for mediation The parties are encouraged to A copy of the subpoena request shall be served on the other

A subpoena request form is available at mm1 oah state mn us or by calling (651) 361-

consider requesting the Chief Administrative Law Judge to assign a mediator so that mediation can be scheduled promptly "No matter shall be ordered for mediation if the agency or any party is opposed" Minn Rule 1400 5950, subp 3C (2009) 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 publication entitled A Guide to

Participating in Contested Case Proceedings at the Office of Administrative Hearings is available at mnr 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 Examples of reasonable accommodations include

this hearing process may request one

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 Box 64620, St Paul, Minnesota 55164-0620, or may call

Administrative Hearings at PO

(651) 361-7900 (.voice) or (651) 361-7878 (TTY) 10 To the extent it applies, this Notice and Order for Hearing constitutes the

Department's final action on Respondent's registration application for purposes of Minn Stat 15 992 (2008) Further, under Minn Stat 45 027. subd 7(b) and 332 41 (2008), longer

time is needed to comply with the contested case hearing procedures set forth in Minn Stat 14 57 to 14 62 (2008) The Commissioner's final decision will be rendered no later than 90 days after the record of the proceeding closes under Minn Stat 14 61 (2008) GLENN WILSON Commissioner Dated

'
EMMANUEL MUN SON -REGAL Deputy Commissioner Market Assurance Division Minnesota Department of Commerce 85 Seventh Place East, Suite 500 St Paul, MN 55101 Telephone (651)296-2488

Pulse #17163

OAH Docket No 8-1005-21521-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE DEPARTMENT OF COMMERCE

In the Matter of the Debt Collector Registration Application of Bobbie Radke Date October 15, 2010 TO

NOTICE OF APPEARANCE

Time

9 30 a m

Honorable Eric L Lipman. Assistant Chief Administrative Law Judge. Office of Administrative Hearings, P O Box 64620, St Paul, Minnesota 55164-0620

PLEASE TAKE NOTICE that the party named below will appear at the hearing in this matter Department of Commerce Market Assurance Division S5 East Seventh Place. Suite 500 St Paul, MN 55101 (651)296-2488 PLEASE TAKE FURTHER NOTICE that the attorney named below will appear on behalf of the Department of Commerce Christopher M Kaisershot Assistant Attorney General Attorney Reg No 026S665 1200 Bremer Tower 445 Minnesota Street St Paul, Minnesota 55101-2130 (651)757-1264

Dated CHRISTOPHER M KAISERSHOT

Pulse #17163

OAH Docket No 8-1005-21521-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE DEPARTMENT OF COMMERCE

In the Matter of the Debt Collector Registration Application of Bobbie Radke Date October 15,2010 TO

NOTICE OF APPEARANCE

Time

930am

Honorable Eric L Lipman, Assistant Chief Administrative Law Judge, Office of Administrative Hearings. P O 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 Telephone Number of Parts'

Party's Attorney, Office Address and Telephone Number

Dated

Signature of Parts'/Attorney

NOTICE This Notice nust be served upon the attorney for the agency and any other known party After an attorney has filed a notice ofappearar.ee, withdrawal is effective only if a notice of withdrawal is promptly served on all parties and filed with the judge The notice of wuhdrawai must include ihe address and telephone number of the party Withdrawal of counsel does not create any right to a continuance Minn R 14005700

AC 267866!-v]