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Thelen wins delay of dispute hearing

A hearing to settle a dispute between the North Dakota Health Department and waste handler Sheyenne Disposal has been postponed. Health Department officials accuse the company of a number of operating permit violations over the past two years at ...

A hearing to settle a dispute between the North Dakota Health Department and waste handler Sheyenne Disposal has been postponed.

Health Department officials accuse the company of a number of operating permit violations over the past two years at its solid waste transfer station in West Fargo. They would like to fine the company, or possibly revoke its permit.

The administrative hearing, scheduled for Monday and Tuesday, will be rescheduled, said Allen Hoberg, the administrative law judge who will conduct the hearing.

Hoberg, also the director of the Office of Administrative Hearings, granted the continuance at Sheyenne Disposal's request.

Company president Mark Thelen wrote to Hoberg that his first choice for an attorney turned him down due to "conflict regarding one of our shareholders and some of our customers."

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He wrote that his company has found two other firms, but neither would be able to prepare in time for the hearing.

Thelen declined to comment when contacted by telephone Friday.

Wayne Kern, director of the Health Department's Waste Management Division, said it took a long time to schedule a hearing in the first place.

"We're obviously disappointed," he said.

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