SF 1360

as introduced - 89th Legislature (2015 - 2016) Posted on 08/21/2015 03:42pm

A bill for an act
relating to state government; permitting electronic filing for hearings in contested
cases at the Office of Administrative Hearings; amending Minnesota Statutes
2014, section 14.58.

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

Section 1.

Minnesota Statutes 2014, section 14.58, is amended to read:

14.58 NOTICE AND HEARING.

In any contested case all parties shall be afforded an opportunity for hearing after
reasonable notice. The notice shall state the time, place and issues involved, but if, by
reason of the nature of the case, the issues cannot be fully stated in advance of the hearing,
or if subsequent amendment of the issues is necessary, they shall be fully stated as soon
as practicable, and opportunity shall be afforded all parties to present evidence and
argument with respect thereto. Prior to assignment of a case to an administrative law
judge as provided by sections 14.48 to 14.56, all papers shall be filed with the agency.
Subsequent to assignment of the case, the agency shall certify the official record to the
Office of Administrative Hearings, and thereafter, all papers shall be filed with that
office. new text begin The agency and any other party to a contested case may file all necessary notices,
documents, and other necessary information with the Office of Administrative Hearings
by any reliable method of electronic transmission in the manner approved by that office.
new text end The Office of Administrative Hearings shall maintain the official record which shall
include subsequent filings, testimony and exhibits. All filings are deemed effective upon
receipt. The record shall contain a written transcript of the hearing only if preparation
of a transcript is requested by the agency, a party, or the chief administrative law judge.
The agency or party requesting a transcript shall bear the cost of preparation. When the
chief administrative law judge requests preparation of the transcript, the agency shall
bear the cost of preparation. Upon issuance of the administrative law judge's report, the
official record shall be certified to the agency.