Boating Safety & What to Do After an Accident

July 28, 2022  |  admin

Boating is one of most popular summer activities for Minnesotans, making it crucial that everyone on the water takes the necessary safety precautions. According to the Minnesota Department of Natural Resources (DNR), there were 18 boating deaths, 69 non-fatal boating accidents, and 53 non-boating drownings reported throughout the state in 2021. Being cautious and attentive helps keep everyone safe and having fun. However, the fact remains that there’s no guarantee. Continue reading to learn more about boating safety and what you should do if you have an accident. Boating safety tips and regulations First things first, we want to outline precautions everyone should take when boating. These tips will help keep you, your passengers, and those in other boats safe. Wear a life jacket Stay sober and never illegally operate a boat under the influence* Tell someone where you are going and when you plan to be back Be aware of current and upcoming weather Avoid distractions and always stay alert of your surroundings Remain seated whenever the boat is being driven Drive the boat responsibly Have the proper equipment on your boat Have a boating license if required Don’t allow more than the maximum people on your boat Additionally, you may want to consider a boating safety course. This will give you…

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Proposed Rule Amendments Governing Minnesota Veterans Homes Disapproved

July 20, 2022  |  Cathryn Reher

On April 15, 2022, Administrative Law Judge Jessica A. Palmer issued her order rescinding the Minnesota Department of Veteran Affairs Additional Notice Plans and disapproving in toto the proposed changes to the Minnesota Veterans Homes Rules (Minn. R. Ch. 9050).  The proposed amendments related to admissions, discharges, and billing procedures. Members of the Elder Law Section along with many stakeholder groups over a three-month period committed significant time to research, raised substantive written objections, and testified at the public rule-making hearing on January 31, 2022.  The resulting order found the “Department did not establish that it complied with all procedural requirements of law and rule, or that the proposed rules are needed and reasonable. The Department failed to adequately address all of the regulatory factors required for consideration in the Statement of Need and Reasonableness (SONAR) under Minn. Stat. § 14.131. This is a prejudicial defect and not a harmless error.”  Further, the ALJ determined “the MDVA misrepresented its engagement with the public in the development of the proposed rules. The Administrative Law Judge would not have approved the MDVA’s Additional Notice Plan as proposed had she known that the SONAR’s description of the level of prior stakeholder involvement was not true.”  The MDVA committed five years to the rule-making process and all…

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DUI/DWI: What to do if you are pulled over

July 18, 2022  |  Adriel B. Villarreal

Summertime is here and that means warm weather fun like going to the lake, cookouts, birthday parties, or even a Twins game. It can also mean overindulging when it comes to alcohol. If you do find yourself driving while intoxicated and end up getting stopped by the police, continue reading our blog here for information on DWIs and what you should do when pulled over. First thing’s first We first want to acknowledge that you should not be drinking and driving or taking any substances that will affect your motor skills, as it is against the law and should be avoided at all costs. A charge for a DUI or DWI in Minnesota is not taken lightly and you could potentially face jail time, large fines, and license revocation. More importantly, you keep everyone that shares the roads with you safe and unharmed. So please make sure that you have a designated driver or use a driving service to get you to your destination. Pull over and remain calm When you are first pulled over by an officer, you need to remain calm. We understand this can be a stressful moment, but it is important to stay levelheaded during this situation. When the officer approaches your car, have your ID, registration and insurance…

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