Resolution Revoking License 000337 West Side Pawn—880 South Robert Street

587 N.W.2d 521, 1998 Minn. App. LEXIS 1406
CourtCourt of Appeals of Minnesota
DecidedDecember 29, 1998
DocketNo. CO-98-972
StatusPublished
Cited by11 cases

This text of 587 N.W.2d 521 (Resolution Revoking License 000337 West Side Pawn—880 South Robert Street) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Resolution Revoking License 000337 West Side Pawn—880 South Robert Street, 587 N.W.2d 521, 1998 Minn. App. LEXIS 1406 (Mich. Ct. App. 1998).

Opinions

OPINION

DAVIES, Judge.

By writ of certiorari, relator Dr. Joseph Gutenkauf appeals the revocation of his pawnbroker’s license. He claims that: (1) he was denied due process because the City of West St. Paul gave him inadequate notice and hearing; and (2) the revocation was without factual support. We affirm.

FACTS

In 1996, relator applied for and received a pawnbroker license for West Side Pawn from respondent City of West St. Paul (city). On March 3,1998, a city fire inspector found two firearms during a routine check of West Side Pawn. The city, believing possession of the firearms violated the city code, sent relator a letter notifying him of the alleged violations and informing him that the city council would consider suspending or revoking his pawnbroker license at a meeting on April 13.

The letter, sent by first-class mail in a plain envelope, reached relator’s home several days before the hearing. But relator did [522]*522not open it until after the hearing was held because he was on vacation and, on his return, he did not recognize the plain envelope as one requiring immediate attention. The city council considered the evidence before it at the April 13 meeting and voted to revoke the license. Relator did not appear at the meeting. This appeal followed.

ISSUES

I. Did relator receive notice that afforded him due process of law?

II. Did relator receive an adequate opportunity for a full hearing?

III. Does the factual record support revocation?

ANALYSIS

I. Notice

Relator argues that he was denied adequate notice because: (1) the letter was not sent by certified mail or marked as urgent; (2) no notice was sent to the business address of West Side Pawn or to the independent contractor who ran West Side Pawn; and (3) the period of time between notice and hearing was inadequate.

If a licensee challenges an issue of law, such as the legal adequacy of the notice, our review is de novo. Benton v. Mutual of Omaha Ins. Co., 500 N.W.2d 158, 160 (Minn.App.1993), review denied (Minn. July 19, 1993). This court must weigh the significance of the liberty or property interest implicated by the license revocation to determine what process is due. Humenansky v. Minnesota Bd. of Med. Exam’rs, 525 N.W.2d 559, 566 (Minn.App.1994), review denied (Minn. Feb. 14, 1995).

Due process generally requires reasonable notice and a hearing. Goldberg v. Kelly, 397 U.S. 254, 268-69, 90 S.Ct. 1011, 1020, 25 L.Ed.2d 287 (1970). To resolve whether additional procedural protections should have been used in a particular case, the court considers three factors:

First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.

Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976).

Relator claims all business-related correspondence had previously been sent to the business address of West Side Pawn and that failure to do that in this instance deprived him and other “parties of interest” of adequate notice. The city, which had no way of knowing from the license application that others had an interest in West Side Pawn, sent the revocation notice, as it does routinely, to the name and address on the pawnbroker license. The city council was revoking a license held in relator’s name alone. First-class mail addressed to parties who are known to have an interest is constitutionally sufficient. See Walker v. City of Hutchinson, 352 U.S. 112, 116, 77 S.Ct. 200, 202, 1 L.Ed.2d 178 (1956) (holding U.S. mail sufficient to give notice, but mail cannot be expected to notify person who is “missing or unknown”). Furthermore, relator is the only complainant in this case. The other persons with an alleged interest in West Side Pawn have not joined to challenge the notice or otherwise to defend their interests. The city gave notice to the only interested party of record.

Further, there is no explicit requirement that an envelope containing notice must be marked urgent or as containing time-sensitive material. See, e.g., Mullane v. Central Hanover Bank & Tr. Co., 339 U.S. 306, 314-15, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950) (if notice is of nature to reasonably convey required information and afford time for response, “the constitutional requirements are satisfied”). “Actual receipt of the notice is not required to meet the due process requirement.” State v. Green, 351 N.W.2d 42, 44 (Minn.App.1984). The city cannot be held responsible for relator’s failure to read his mail.

[523]*523Due process requires that a defendant must be given “adequate time to investigate the charges and prepare its defense.” Trumbull Div., Owens-Corning Fiberglass Corp. v. City of Minneapolis, 445 F.Supp. 911, 917 (D.Minn.1978). Even if he had opened his mail only the day before the hearing, relator had adequate time to prepare for a city council revocation hearing involving simple fact issues. If preparation proved difficult, relator could, in the alternative, have asked that the matter be continued.

Having followed sufficient notice procedures, the city cannot be penalized simply because relator did not receive actual notice before the hearing. The procedures proposed by relator, such as sending notice to others, paying for certified mail, or specially marking the envelope would be an unnecessary burden on the government.1 Relator was provided notice that satisfied due process.2

II. Hearing

Relator also argues that the hearing itself was inadequate. A hearing must be meaningful and give the licensee an opportunity to respond to the charges, to present evidence, and to cross-examine witnesses under oath. Trumbull, 445 F.Supp. at 917. The city contends that it would have given relator an opportunity for a full hearing had he appeared. West Saint Paul City Code § 1005.23 requires that:

No license may be suspended or revoked until after a hearing is granted to the licensee. Such hearing to be held before the City Council upon due notice to the licensee stating the time and place of such hearing, together with a statement of the violation alleged to be the cause for the revocation or suspension of the license.

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Cite This Page — Counsel Stack

Bluebook (online)
587 N.W.2d 521, 1998 Minn. App. LEXIS 1406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/resolution-revoking-license-000337-west-side-pawn880-south-robert-street-minnctapp-1998.