IN RE ISSUES GOVERNED BY MINNESOTA STATUTES

No. A06-336.

724 N.W.2d 743 (2006)

In the Matter of a COMMISSION INVESTIGATION OF ISSUES GOVERNED BY MINNESOTA STATUTES, SECTION 216A.036.

Court of Appeals of Minnesota.

December 12, 2006.


Attorney(s) appearing for the Case

Douglas A. Kelley, Steven E. Wolter, Kelley Wolter, P.A., Minneapolis, MN, for relator Gregory Scott.

Mike Hatch, Attorney General, P. Kenneth Kohnstamm, Assistant Attorney General, St. Paul, MN, for respondent Minnesota Public Utilities Commission.

Considered and decided by TOUSSAINT, Chief Judge; WRIGHT, Judge; and ROSS, Judge.


OPINION

TOUSSAINT, Chief Judge.

Relator Gregory Scott appeals from respondent Minnesota Public Utilities Commission's order denying his motion for reconsideration, arguing that the employment-restriction statute, Minn.Stat. § 216A.036 (2004), (1) did not apply to his employment; (2) is unconstitutionally vague as applied to him, and (3) did not authorize a penalty in the absence of scienter and in light of relator's reliance on the advice of counsel...

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