HF 3508

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 01:18pm

A bill for an act
relating to veterans; clarifying and amending certain Veterans Preference Act
provisions; amending Minnesota Statutes 2008, section 197.481, subdivisions 1,
2, 4.

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

Section 1.

Minnesota Statutes 2008, section 197.481, subdivision 1, is amended to read:

Subdivision 1.

Petition.

A veteran new text begin , as defined by section 197.447, new text end who has been
denied rights by the state or any political subdivision, municipality, or other public agency
of the state new text begin as authorized by the Veterans Preference Act new text end under section 43A.11, 197.46,
197.48, or 197.455 may petition the commissioner of veterans affairs for an order directing
the agency to grant the veteran such relief the commissioner finds justified by said statutes.

The petition shall new text begin be submitted via United States mail and new text end contain:

(1) the name, address, new text begin telephone number, new text end and deleted text begin acknowledged deleted text end new text begin notarized original
new text end signature of the veteran;

(2) the names new text begin , telephone numbers, new text end and addresses of all agencies and persons that
will be directly affected if the petition is granted;

(3) a concise statement of the facts giving rise to the veteran's rights and a concise
statement showing the manner in which rights were denied;

(4) a statement of the relief requested deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) a copy of the veteran's Form DD214 (Separation or Discharge from Active Duty).
new text end

Sec. 2.

Minnesota Statutes 2008, section 197.481, subdivision 2, is amended to read:

Subd. 2.

Service.

Upon receipt new text begin and authorization verification new text end of a new text begin complete new text end petition
herein, the commissioner shall serve a copy of same, by certified mail, on all agencies and
persons named therein and on such other agencies or persons as in the judgment of the
commissioner should in justice be parties to the proceeding. The veteran and all agencies
and persons served shall be parties to the proceeding.

Sec. 3.

Minnesota Statutes 2008, section 197.481, subdivision 4, is amended to read:

Subd. 4.

Hearing.

The commissioner shall deleted text begin hold deleted text end new text begin schedule new text end a hearing on the petition
of any party new text begin to be held or conducted new text end within deleted text begin 20 deleted text end new text begin 120 new text end days of serving, or being served with
the new text begin authorized and complete new text end petition. deleted text begin The veteran may demand an opportunity to be heard
at a time set by the commissioner. A party who fails to demand such hearing within 20
days shall be heard only by permission of the commissioner, except that if any party
demands to be heard deleted text end new text begin At the hearing, new text end all parties shall have the right to be heard. A hearing
hereunder shall be conducted and orders issued in accord with sections 14.57 to 14.60
and 14.62, at the office of the commissioner or at a place the commissioner designates.
The commissioner shall notify all parties, by new text begin certified new text end mail, of the new text begin date, new text end time new text begin , new text end and place
of the hearing.