-------- Original Message --------

February 17, 2004

Mr. Johannes,

I finished reviewing the 2004 license renewal.

As expected it is incorrect on numerous counts.  I will list them.

1.   The mussel species I requested in 2001 still have not made it to my license.  According to Minnesota statute 15.99 (see below) you had 10 days to ask for additional information or 60 days to approve or deny the request.  Once the 60 day period expired the license amendment was automatically granted.  Either provide me with dated documents showing the license renewal as received is in compliance with state statute or add those species to my license immediately.  See #4.

2.   The turtle species I requested in 2001 still have not made it to my license.  According to Minnesota statute 15.99 (see below) you had 10 days to ask for additional information or 60 days to approve or deny the request.  Once the 60 day period expired the license amendment was automatically granted.  Either provide me with dated documents showing the license renewal as received is in compliance with state statute or add those species to my license immediately.   See #4.

3.    The list of non-indigenous species is missing many species.  They are:  GRR, FRD, FHD, HBG and SPG.

4.   The list of non-indigenous species has undefined species.  They are:   BDD, BKF, BNM, BNS, LSR, RFS, RVD, SKM, SLD, STK, TKS, GOF.  I will assume these codes contain the missing mussel and turtle species.

5.   The ponds on the east side of the road continue to be licensed for indigenous species only.  Those pond additions were approved personally by Mr. Goeman in 1998 and 2001 for ALL species in accordance to Minnesota statutes.  They are not at risk for flooding as Mr. Goeman states according to the 1996 document from Mr. Feiler to Mr. Hirsch and according to the laws of physics.  They are also not at risk for overflowing from rainfall as Mr. Goeman stated as his revised excuse for the illegal permit denial.  They have no permanent connection to public water and they have no temporary connection to public water.  This puts them in compliance with Minnesota state statute which allows licensing for ALL species.  Either provide me with dated documents showing the restricted license complies with state statute or license for ALL species immediately.

6.   ALL of my ponds are designed for aeration so they need to be licensed for aeration.

7.   The license renewal does not list the aquariums in my home that Mr. Goeman insisted I add to my license.  When you add my home aquariums be sure to include the ENTIRE legal description of my property that Mr. Goeman insisted on receiving.  Use extra pages if necessary.  Be sure to license those 10 gallon aquariums for ALL species.  Also, be sure to license them for aeration.

Notice to Mr. Payer and Mr. Hirsch:  You are both now aware of this situation and if you fail to instruct your staff to comply with Minnesota state statutes and make ALL of the necessary corrections to my license I will file another ethics complaint against each of you.  It will be added to my website.

Sincerely,
John Reynolds
Midwest Fish and Crayfish
26385 County Road 3
Merrifield MN 56465


 

Minnesota Statutes 2001, Table of Chapters

Table of contents for Chapter 15

     15.99 Time deadline for agency action.

    Subdivision 1.    Definition.  For purposes of this

 section, "agency" means a department, agency, board, commission,

 or other group in the executive branch of state government; a

 statutory or home rule charter city, county, town, or school

 district; any metropolitan agency or regional entity; and any

 other political subdivision of the state.

    Subd. 2.    Deadline for response.  Except as otherwise

 provided in this section and notwithstanding any other law to

 the contrary, an agency must approve or deny within 60 days a

 written request relating to zoning, septic systems, or expansion

 of the metropolitan urban service area for a permit, license, or

 other governmental approval of an action.  Failure of an agency

 to deny a request within 60 days is approval of the request.  If

 an agency denies the request, it must state in writing the

 reasons for the denial at the time that it denies the request.

    Subd. 3.    Application; extensions.  (a) The time limit

 in subdivision 2 begins upon the agency's receipt of a written

 request containing all information required by law or by a

 previously adopted rule, ordinance, or policy of the agency.  If

 an agency receives a written request that does not contain all

 required information, the 60-day limit starts over only if the

 agency sends notice within ten business days of receipt of the

 request telling the requester what information is missing.

    (b) If an action relating to zoning, septic systems, or

 expansion of the metropolitan urban service area requires the

 approval of more than one state agency in the executive branch,

 the 60-day period in subdivision 2 begins to run for all

 executive branch agencies on the day a request containing all

 required information is received by one state agency.  The

 agency receiving the request must forward copies to other state

 agencies whose approval is required.

    (c) An agency response meets the 60-day time limit if the

 agency can document that the response was sent within 60 days of

 receipt of the written request.

    (d) The time limit in subdivision 2 is extended if a state

 statute, federal law, or court order requires a process to occur

 before the agency acts on the request, and the time periods

 prescribed in the state statute, federal law, or court order

 make it impossible to act on the request within 60 days.  In

 cases described in this paragraph, the deadline is extended to

 60 days after completion of the last process required in the

 applicable statute, law, or order.  Final approval of an agency

 receiving a request is not considered a process for purposes of

 this paragraph.

    (e) The time limit in subdivision 2 is extended if:  (1) a

 request submitted to a state agency requires prior approval of a

 federal agency; or (2) an application submitted to a city,

 county, town, school district, metropolitan or regional entity,

 or other political subdivision requires prior approval of a

 state or federal agency.  In cases described in this paragraph,

 the deadline for agency action is extended to 60 days after the

 required prior approval is granted.

    (f) An agency may extend the time limit in subdivision 2

 before the end of the initial 60-day period by providing written

 notice of the extension to the applicant.  The notification must

 state the reasons for the extension and its anticipated length,

 which may not exceed 60 days unless approved by the applicant.

    HIST: 1995 c 248 art 18 s 1; 1996 c 283 s 1

Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota.

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