HF 1666

as introduced - 88th Legislature (2013 - 2014) Posted on 04/02/2013 11:37am

A bill for an act
relating to unemployment insurance; directing that an appeals hearing must
occur within 15 days of filing an appeal; amending Minnesota Statutes 2012,
section 268.105, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 268.105, subdivision 1, is amended to read:

Subdivision 1.

Evidentiary hearing by unemployment law judge.

(a) Upon
a timely appeal having been filed, the department must send, by mail or electronic
transmission, a notice of appeal to all involved parties that an appeal has been filed, and
that a de novo due process evidentiary hearing will be scheduled. new text begin The hearing must occur
no more than 15 days from the filing date of the appeal. new text end The notice must set out the
parties' rights and responsibilities regarding the hearing. The notice must explain that the
facts will be determined by the unemployment law judge based upon a preponderance of
the evidence. The notice must explain in clear and simple language the meaning of the
term "preponderance of the evidence." The department must set a time and place for a
de novo due process evidentiary hearing and send notice to any involved applicant and
any involved employer, by mail or electronic transmission, not less than ten calendar
days before the date of the hearing.

(b) The evidentiary hearing is conducted by an unemployment law judge as an
evidence gathering inquiry. At the beginning of the hearing the unemployment law judge
must fully explain how the hearing will be conducted, that the applicant has the right to
request that the hearing be rescheduled so that documents or witnesses can be subpoenaed,
that the facts will be determined based on a preponderance of the evidence, and, in
clear and simple language, the meaning of the term "preponderance of the evidence."
The unemployment law judge must ensure that all relevant facts are clearly and fully
developed. The department may adopt rules on evidentiary hearings. The rules need
not conform to common law or statutory rules of evidence and other technical rules of
procedure. The department has discretion regarding the method by which the evidentiary
hearing is conducted. A report of any employee of the department, except a determination,
made in the regular course of the employee's duties, is competent evidence of the facts
contained in it. An affidavit or written statement based on personal knowledge and signed
under penalty of perjury is competent evidence of the facts contained in it; however, the
veracity of statements contained within the document or the credibility of the witness
making the statement may be disputed with other documents or testimony and production
of such documents or testimony may be compelled by subpoena.

(c) After the conclusion of the hearing, upon the evidence obtained, the
unemployment law judge must make findings of fact and decision and send those, by mail
or electronic transmission, to all involved parties. When the credibility of an involved
party or witness testifying in an evidentiary hearing has a significant effect on the outcome
of a decision, the unemployment law judge must set out the reason for crediting or
discrediting that testimony. The unemployment law judge's decision is final unless a
request for reconsideration is filed under subdivision 2.

(d) Regardless of paragraph (c), if the appealing party fails to participate in the
evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal
by summary order. By failing to participate, the appealing party is considered to have
failed to exhaust available administrative remedies unless the appealing party files a
request for reconsideration under subdivision 2 and establishes good cause for failing to
participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission
of a written statement does not constitute participation. The applicant must participate
personally and appearance solely by a representative does not constitute participation.

(e) Only employees of the department who are attorneys licensed to practice law
in Minnesota may serve as the chief unemployment law judge, senior unemployment
law judges who are supervisors, or unemployment law judges. The commissioner
must designate a chief unemployment law judge. The chief unemployment law judge
may transfer to another unemployment law judge any proceedings pending before an
unemployment law judge.

(f) A full-time unemployment law judge must be paid a salary within a range directly
tied to the salary set under section 15A.083, subdivision 7, for a workers' compensation
judge. The salary paid within that range to any single unemployment law judge is based
on experience and performance.