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File #: RES 11-753    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 4/20/2011
Title: Memorializing City Council action taken April 6, 2011 imposing adverse licensing action against Mary Fasching, d/b/a M F Automotive.
Sponsors: Russ Stark
Related files: RES 11-1037, PH 11-5
Title
Memorializing City Council action taken April 6, 2011 imposing adverse licensing action against Mary Fasching, d/b/a M F Automotive.

Body

WHEREAS, Mary Fasching d/b/a M F Automotive (License ID # 0014762) (hereinafter "licensee") located at 1728 Selby Avenue in Saint Paul received an Notice of Violation dated January 6, 2011; and

WHEREAS, the Notice alleged violation on November 29, 2010 of license condition numbers 1 and 8 and on December 20, 2010 violation of license condition numbers 2 and 10; and

WHEREAS, licensee denied the allegations and requested a hearing before an Administrative Law Judge; and

WHEREAS, a hearing was held before an Administrative Law Judge on January 28, 2011, at which each party presented testimony; and

WHEREAS, the Administrative Law Judge issued a Report on February 24, 2011, in which the Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a Memorandum; and

WHEREAS, the Administrative Law Judge found that there was sufficient proof that licensee had committed the violations of license conditions numbers 1, 2 and 11; and

WHEREAS, the Administrative Law Judge also found that a fine of $1,000.00 is an appropriate sanction under the circumstances; and

WHEREAS, the licensee was given notice that a public hearing would be held before the City Council on April 6, 2011 at which time licensee would have an opportunity to present oral or written argument to the Council; and

WHEREAS, licensee did not file any exceptions to the report of the Administrative Law Judge; and

WHEREAS, at a public hearing on April 6, 2011, Council File # 11-5,the Council of the City of Saint Paul considered all the evidence contained in the record, the arguments of licensee at the public hearing, the Administrative Law Judge's Findings of Fact, Conclusions of Law, and Recommendations; now, therefore, be it

RESOLVED, that ...

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