as introduced - 91st Legislature (2019 - 2020) Posted on 02/19/2020 03:44pm
A bill for an act
relating to construction codes; clarifying duties in administering the contractor
recovery fund; amending Minnesota Statutes 2018, section 326B.89, by adding
subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 326B.89, is amended by adding a subdivision
to read:
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The time limitations relating to construction defects
found in section 541.051 apply to applications for compensation made under this section.
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Minnesota Statutes 2018, section 326B.89, is amended by adding a subdivision to
read:
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The department shall provide assistance to an owner
making or inquiring about making an application for compensation from the contractor
recovery fund. The commissioner shall designate an employee of the department to act as
a liaison for the purposes of:
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(1) explaining clearly and concisely to an owner the information to be included and the
process for submitting an application for compensation to the commissioner;
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(2) explaining clearly and concisely to an owner the difference between obtaining a
default judgment and a final judgment and the effect the type of judgment has on the burden
of proof for an owner in a hearing before an administrative law judge under subdivision 8;
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(3) informing an owner that they may wish to consult with an attorney who is able to
provide counsel to the owner when the department is unable to provide such assistance; and
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(4) assisting an owner by responding to any other questions the owner may have when
completing the application for compensation or during other periods of the compensation
process.
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