HF 565

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; providing for 
  1.3             administrative remedies; proposing coding for new law 
  1.4             in Minnesota Statutes, chapter 13. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [13.082] [ADMINISTRATIVE REMEDIES.] 
  1.7      Subdivision 1.  [COMPLAINTS.] Instead of bringing a civil 
  1.8   action under section 13.08, a person who believes that a 
  1.9   government entity is not in compliance with this chapter may 
  1.10  file a complaint with the commissioner.  The commissioner shall 
  1.11  specify the form of the complaint.  The commissioner shall 
  1.12  conduct an investigation to determine whether the complaint is 
  1.13  valid.  If the commissioner determines the complaint is not 
  1.14  valid, the commissioner shall dismiss the complaint and so 
  1.15  inform the person who filed the complaint and the government 
  1.16  entity that was the subject of the complaint.  If the 
  1.17  commissioner determines the complaint is valid, the commissioner 
  1.18  may take any of the actions under subdivision 2 or 3 to resolve 
  1.19  the complaint.  The government entity that is the subject of the 
  1.20  complaint must pay any fee imposed by the commissioner for 
  1.21  receiving and reviewing complaints. 
  1.22     Subd. 2.  [INFORMAL RESOLUTION OF COMPLAINT.] The 
  1.23  commissioner may attempt to resolve a complaint informally or, 
  1.24  with the consent of both parties, refer the matter to an 
  1.25  alternative dispute resolution process and use the services of 
  2.1   the office of dispute resolution or the office of administrative 
  2.2   hearings to arbitrate or mediate the dispute. 
  2.3      Subd. 3.  [FORMAL RESOLUTION OF COMPLAINT.] (a) The 
  2.4   commissioner may refer a complaint to the office of 
  2.5   administrative hearings for formal resolution.  A complaint 
  2.6   referred by the commissioner must be heard as a contested case, 
  2.7   except that the report of the administrative law judge is 
  2.8   binding on all parties to the proceeding and, if appropriate, 
  2.9   must be implemented by an order as provided for in paragraph 
  2.10  (b).  The hearing must be conducted at a place designated by the 
  2.11  commissioner within the county where the alleged violation 
  2.12  occurred or where the complainant resides or has a principal 
  2.13  place of business.  The hearing must be conducted under sections 
  2.14  14.57 to 14.62, and is subject to appeal under sections 14.63 to 
  2.15  14.68. 
  2.16     (b) The administrative law judge shall make findings of 
  2.17  fact and conclusions of law and, if the administrative law judge 
  2.18  finds that the government entity has violated this chapter, the 
  2.19  administrative law judge shall issue an order directing the 
  2.20  government entity to take affirmative action that, as in the 
  2.21  judgment of the administrative law judge, will effectuate the 
  2.22  purposes of this chapter.  If no violation is found, the 
  2.23  administrative law judge shall dismiss the complaint.  The order 
  2.24  is a final decision of the commissioner and is enforceable in 
  2.25  district court.  
  2.26     Subd. 4.  [COSTS.] The government entity is liable for all 
  2.27  office of administrative hearings costs associated with review 
  2.28  of a complaint filed under this section.  If the administrative 
  2.29  law judge rules in favor of the government entity, the 
  2.30  government entity may recover all or a portion of the costs from 
  2.31  the complainant unless the complainant is entitled to proceed in 
  2.32  forma pauperis under section 563.01, or the administrative law 
  2.33  judge determines that the complaint was filed in good faith and 
  2.34  that an assessment of the costs would constitute an undue 
  2.35  hardship for the complainant.