HF 4765

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 11:33am

A bill for an act
relating to data practices; reducing filing fee for data practices complaints; amending
Minnesota Statutes 2020, section 13.085, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 13.085, subdivision 2, is amended to read:

Subd. 2.

Complaints.

(a) A complaint alleging a violation of this chapter for which an
order to compel compliance is requested may be filed with the office. An action to compel
compliance does not include procedures pursuant to section 13.04, subdivision 4 or 4a.

(b) The complaint must be filed with the office within two years after the occurrence of
the act or failure to act that is the subject of the complaint, except that if the act or failure
to act involves concealment or misrepresentation by the government entity that could not
be discovered during that period, the complaint may be filed with the office within one year
after the concealment or misrepresentation is discovered.

(c) The complaint must be made in writing, submitted under oath, and detail the factual
basis for the claim that a violation of law has occurred. The office may prescribe a standard
form for the complaint. The complaint must be accompanied by a filing fee of deleted text begin $1,000 deleted text end new text begin $200 new text end
or a bond to guarantee the payment of this fee.

(d) Upon receipt of a filed complaint, the office must immediately notify the respondent
and, if known, the applicable responsible authority for the government entity, if the
responsible authority is not otherwise named as the respondent. The office must provide
the respondent with a copy of the complaint by the most expeditious means available. Notice
to a responsible authority must be delivered by certified mail. The office must also notify,
to the extent practicable, any individual or entity that is the subject of all or part of the data
in dispute.

(e) The office must notify the commissioner of administration of an action filed under
this section. Proceedings under this section must be dismissed if a request for an opinion
from the commissioner was accepted on the matter under section 13.072 before the complaint
was filed, and the complainant's filing fee must be refunded.

(f) The respondent must file a response to the complaint within 15 business days of
receipt of the notice. For good cause shown, the office may extend the time for filing a
response.