Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
CHAPTER 216. PUBLIC UTILITIES COMMISSION PROCEEDINGS
| Section | Headnote |
|---|---|
| 216.01 | Repealed, 1967 c 864 s 10 |
| 216.02 | Repealed, 1967 c 864 s 10 |
| 216.03 | Repealed, 1967 c 864 s 10 |
| 216.04 | Repealed, 1967 c 864 s 10 |
| 216.05 | Repealed, 1967 c 864 s 10 |
| 216.06 | Repealed, Ex1957 c 10 s 8 |
| 216.07 | Repealed, Ex1957 c 10 s 8 |
| 216.08 | Renumbered 219.815 |
| 216.09 | Renumbered 219.695 |
| 216.10 | PUBLIC ATTORNEYS REPRESENT COMMISSION. |
| 216.11 | Repealed, 1967 c 864 s 10 |
| 216.12 | Repealed, Ex1957 c 10 s 8 |
| 216.13 | COMMENCING PROCEEDINGS BEFORE COMMISSION. |
| 216.14 | NOTICE TO RESPONDENT. |
| 216.15 | ANSWER AND REPLY. |
| 216.16 | HEARINGS BEFORE COMMISSION. |
| 216.161 | CONTESTED CASES; NOTICE. |
| 216.17 | NOTICES AND ORDERS; FILINGS; SERVICE. |
| 216.18 | POWER TO SUBPOENA WITNESSES AND DOCUMENTS. |
| 216.19 | Repealed, Ex1957 c 10 s 8 |
| 216.20 | Repealed, Ex1957 c 10 s 8 |
| 216.21 | Repealed, Ex1957 c 10 s 8 |
| 216.22 | Repealed, Ex1957 c 10 s 8 |
| 216.225 | Repealed, Ex1957 c 10 s 8 |
| 216.23 | Repealed, Ex1957 c 10 s 8 |
| 216.24 | Repealed, 1983 c 247 s 219 |
| 216.25 | APPEALS. |
| 216.26 | DISMISSAL IN CERTAIN CASES; PROCEDURE. |
| 216.27 | FILING APPEAL PAPERS; EFFECT. |
| 216.271 | Repealed, 1983 c 247 s 219 |
| 216.28 | Repealed, 1967 c 864 s 10 |
| 216.29 | Repealed, 1967 c 864 s 10 |
| 216.30 | Repealed, 1967 c 864 s 10 |
| 216.31 | Repealed, 1967 c 864 s 10 |
| 216.32 | Repealed, 1967 c 864 s 10 |
| 216.33 | Repealed, 1967 c 864 s 10 |
| 216.42 | 216.34-216.42 Repealed, Ex1957 c 10 s 8 |
| 216.45 | 216.43-216.45 Repealed, 1957 c 647 s 2; Ex1957 c 10 s 8 |
| 216.62 | 216.46-216.62 Repealed, Ex1957 c 10 s 8 |
| 216.63 | Repealed, 1949 c 440 s 7; Ex1957 c 10 s 8 |
| 216.64 | Repealed, 1949 c 440 s 7; Ex1957 c 10 s 8 |
| 216.65 | Repealed, 1967 c 864 s 10 |
| 216.66 | Repealed, Ex1957 c 10 s 8 |
| 216.67 | Repealed, 1967 c 864 s 10 |
| 216.68 | Repealed, Ex1957 c 10 s 8 |
216.10 PUBLIC ATTORNEYS REPRESENT COMMISSION.
The attorney general shall be ex officio attorney for the Public Utilities Commission and
shall institute and prosecute all actions which the commission shall order brought and render
the commissioners all advice, counsel, and assistance necessary for the proper performance of
their duties. The county attorney of any county in which an action is pending, prosecuted, or
defended by direction of the commission shall aid in the prosecution or defense thereof until final
determination when requested by the commission. When necessary the commission may employ
additional counsel to assist the attorney general.
All actions or proceedings instituted by the commission shall be brought in the name of
the state.
History: (4635, 4658) RL s 1960,1979; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444
The attorney general shall be ex officio attorney for the Public Utilities Commission and
shall institute and prosecute all actions which the commission shall order brought and render
the commissioners all advice, counsel, and assistance necessary for the proper performance of
their duties. The county attorney of any county in which an action is pending, prosecuted, or
defended by direction of the commission shall aid in the prosecution or defense thereof until final
determination when requested by the commission. When necessary the commission may employ
additional counsel to assist the attorney general.
All actions or proceedings instituted by the commission shall be brought in the name of
the state.
History: (4635, 4658) RL s 1960,1979; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444
216.13 COMMENCING PROCEEDINGS BEFORE COMMISSION.
Proceedings before the commission against any such carrier or public warehouse operator
shall be instituted by complaint, verified as a pleading in a civil action, stating in ordinary
language the facts constituting the alleged omission or offense. The parties to such proceedings
shall be termed, respectively, "complainant" and "respondent."
History: (4638) RL s 1963; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444
Proceedings before the commission against any such carrier or public warehouse operator
shall be instituted by complaint, verified as a pleading in a civil action, stating in ordinary
language the facts constituting the alleged omission or offense. The parties to such proceedings
shall be termed, respectively, "complainant" and "respondent."
History: (4638) RL s 1963; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444
216.14 NOTICE TO RESPONDENT.
Upon filing such complaint, if there appear reasonable grounds for investigating such matter,
the commission shall issue an order directed to and requiring such carrier or warehouse operator
to grant the relief demanded or show cause by answer within 20 days from the service of such
notice why such relief should not be granted. Such order, together with a copy of the complaint,
shall forthwith be served upon the respondent.
History: (4639) RL s 1964; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444
Upon filing such complaint, if there appear reasonable grounds for investigating such matter,
the commission shall issue an order directed to and requiring such carrier or warehouse operator
to grant the relief demanded or show cause by answer within 20 days from the service of such
notice why such relief should not be granted. Such order, together with a copy of the complaint,
shall forthwith be served upon the respondent.
History: (4639) RL s 1964; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444
216.15 ANSWER AND REPLY.
The respondent may file by mail, by personal delivery, or via the commission's electronic
filing system and serve upon the complainant, within 20 days after service of the order, an answer
alleging that it has already granted the relief demanded or setting up any matter of defense. If the
answer alleges the granting of the relief, the complainant shall within 20 days reply admitting or
denying the allegation. If the complainant fails to reply or admits the allegation, the proceeding
must be dismissed.
History: (4640) RL s 1965; 1986 c 444; 2007 c 10 s 1
The respondent may file by mail, by personal delivery, or via the commission's electronic
filing system and serve upon the complainant, within 20 days after service of the order, an answer
alleging that it has already granted the relief demanded or setting up any matter of defense. If the
answer alleges the granting of the relief, the complainant shall within 20 days reply admitting or
denying the allegation. If the complainant fails to reply or admits the allegation, the proceeding
must be dismissed.
History: (4640) RL s 1965; 1986 c 444; 2007 c 10 s 1
216.16 HEARINGS BEFORE COMMISSION.
If the matter be not adjusted to the satisfaction of the commission, it shall set a time and
place of hearing, and give at least ten days' notice thereof to each party. The parties may appear
either in person or by attorney. The commission shall hear evidence and otherwise investigate
the matter, make findings of fact upon all matters involved, and such order or recommendation
in the premises as may be just. A copy of such findings and order or recommendation shall
forthwith be served upon each party. No proceedings shall be dismissed on account of want of
pecuniary interest in the complaint.
History: (4641) RL s 1966; 1907 c 305; 1921 c 159 s 1; 1971 c 25 s 67; 1980 c 614 s 102
If the matter be not adjusted to the satisfaction of the commission, it shall set a time and
place of hearing, and give at least ten days' notice thereof to each party. The parties may appear
either in person or by attorney. The commission shall hear evidence and otherwise investigate
the matter, make findings of fact upon all matters involved, and such order or recommendation
in the premises as may be just. A copy of such findings and order or recommendation shall
forthwith be served upon each party. No proceedings shall be dismissed on account of want of
pecuniary interest in the complaint.
History: (4641) RL s 1966; 1907 c 305; 1921 c 159 s 1; 1971 c 25 s 67; 1980 c 614 s 102
216.161 CONTESTED CASES; NOTICE.
Notwithstanding the provisions of any other law the commission in any contested case shall
give reasonable notice to representatives of associations or other interested groups or persons who
have registered their names with the secretary of the commission for that purpose, to all parties
and to cities and municipalities which the commission deems to be interested in the proceeding.
The commission may prescribe an annual fee to be paid into the state treasury which shall be a
charge to all registered groups or persons. This charge is to cover the costs involved.
"Contested case" means a proceeding before the commission in which the legal rights,
duties or privileges of specific parties are required by law or constitutional right to be determined
after a hearing.
History: 1971 c 25 s 67; Ex1971 c 48 s 23; 1973 c 123 art 5 s 7; 1973 c 754 s 1; 1980 c
614 s 123
Notwithstanding the provisions of any other law the commission in any contested case shall
give reasonable notice to representatives of associations or other interested groups or persons who
have registered their names with the secretary of the commission for that purpose, to all parties
and to cities and municipalities which the commission deems to be interested in the proceeding.
The commission may prescribe an annual fee to be paid into the state treasury which shall be a
charge to all registered groups or persons. This charge is to cover the costs involved.
"Contested case" means a proceeding before the commission in which the legal rights,
duties or privileges of specific parties are required by law or constitutional right to be determined
after a hearing.
History: 1971 c 25 s 67; Ex1971 c 48 s 23; 1973 c 123 art 5 s 7; 1973 c 754 s 1; 1980 c
614 s 123
216.17 NOTICES AND ORDERS; FILINGS; SERVICE.
Subdivision 1. Commission notices and orders; signature. All notices and orders in
proceedings before the commission must be signed by the secretary. Electronic signature by
the secretary is permitted.
Subd. 2. Service of notice, order, or other document from commission. Service of all
notices, orders, and other documents by the commission may be made by mail, personal delivery,
or electronic service upon any person or firm, or upon the president, general manager, or other
proper executive officer of any corporation interested. If any party has appeared by attorney, such
service must be made upon the attorney. Notwithstanding section 14.62, orders and decisions may
be served by mail, by personal delivery, or by electronic service. The commission may provide
electronic service to any person who has provided an electronic address to the commission for
service purposes. For purposes of this section, the term "person" includes a natural person or an
organization, whether for profit or not for profit.
Subd. 3. Filings with commission; manner of filing. As of January 1, 2008, any telephone
company or telecommunications carrier subject to chapter 237; any public utility, cooperative
association, or municipal utility subject to chapter 216B; and state agencies, shall file documents
with the commission via the commission's electronic filing system. The executive secretary may
approve an exemption from this requirement if an affected company or agency is unable to submit
filings via the commission's electronic filing system. All parties, participants, or other interested
persons shall submit filings to the commission via the commission's electronic filing system
whenever practicable, but may also file by personal delivery or by mail.
Subd. 4. Service by a party, participant, or other interested person. When an applicable
statute or commission rule requires service of a filing or other document by a party, participant, or
other interested person upon persons on a service list maintained by the commission, service may
be made by personal delivery, mail, or electronic service, except that electronic service may only
be made upon persons on the official service list who have previously agreed in writing to accept
electronic service at an electronic address provided to the commission for electronic service
purposes. This section does not apply to the extent another provision of this chapter or chapter
216A requires a specific method of service.
History: (4642) RL s 1967; 1971 c 25 s 67; 1980 c 614 s 123; 2007 c 10 s 2
Subdivision 1. Commission notices and orders; signature. All notices and orders in
proceedings before the commission must be signed by the secretary. Electronic signature by
the secretary is permitted.
Subd. 2. Service of notice, order, or other document from commission. Service of all
notices, orders, and other documents by the commission may be made by mail, personal delivery,
or electronic service upon any person or firm, or upon the president, general manager, or other
proper executive officer of any corporation interested. If any party has appeared by attorney, such
service must be made upon the attorney. Notwithstanding section 14.62, orders and decisions may
be served by mail, by personal delivery, or by electronic service. The commission may provide
electronic service to any person who has provided an electronic address to the commission for
service purposes. For purposes of this section, the term "person" includes a natural person or an
organization, whether for profit or not for profit.
Subd. 3. Filings with commission; manner of filing. As of January 1, 2008, any telephone
company or telecommunications carrier subject to chapter 237; any public utility, cooperative
association, or municipal utility subject to chapter 216B; and state agencies, shall file documents
with the commission via the commission's electronic filing system. The executive secretary may
approve an exemption from this requirement if an affected company or agency is unable to submit
filings via the commission's electronic filing system. All parties, participants, or other interested
persons shall submit filings to the commission via the commission's electronic filing system
whenever practicable, but may also file by personal delivery or by mail.
Subd. 4. Service by a party, participant, or other interested person. When an applicable
statute or commission rule requires service of a filing or other document by a party, participant, or
other interested person upon persons on a service list maintained by the commission, service may
be made by personal delivery, mail, or electronic service, except that electronic service may only
be made upon persons on the official service list who have previously agreed in writing to accept
electronic service at an electronic address provided to the commission for electronic service
purposes. This section does not apply to the extent another provision of this chapter or chapter
216A requires a specific method of service.
History: (4642) RL s 1967; 1971 c 25 s 67; 1980 c 614 s 123; 2007 c 10 s 2
216.18 POWER TO SUBPOENA WITNESSES AND DOCUMENTS.
The commission in any hearing or investigation may require the attendance of witnesses
and the production of any books, documents, and records. Witnesses must receive the same fees
and mileage as in civil actions. Disobedience of any subpoena in such proceeding or contumacy
of a witness may, upon application of the commission, be punished by any district court in the
same manner as if the proceedings were pending in such court.
History: (4643) RL s 1968; 1971 c 25 s 67; 1980 c 614 s 123; 2007 c 10 s 3
The commission in any hearing or investigation may require the attendance of witnesses
and the production of any books, documents, and records. Witnesses must receive the same fees
and mileage as in civil actions. Disobedience of any subpoena in such proceeding or contumacy
of a witness may, upon application of the commission, be punished by any district court in the
same manner as if the proceedings were pending in such court.
History: (4643) RL s 1968; 1971 c 25 s 67; 1980 c 614 s 123; 2007 c 10 s 3
216.25 APPEALS.
Any party to a contested case before the commission may appeal from the decision and order
of the commission in accordance with chapter 14.
History: (4651) RL s 1972; 1907 c 167 s 2; 1961 c 393 s 1; 1969 c 646 s 1; 1971 c 25 s 67;
1976 c 239 s 38; 1977 c 253 s 1; 1980 c 614 s 123; 1983 c 247 s 93
Any party to a contested case before the commission may appeal from the decision and order
of the commission in accordance with chapter 14.
History: (4651) RL s 1972; 1907 c 167 s 2; 1961 c 393 s 1; 1969 c 646 s 1; 1971 c 25 s 67;
1976 c 239 s 38; 1977 c 253 s 1; 1980 c 614 s 123; 1983 c 247 s 93
216.26 DISMISSAL IN CERTAIN CASES; PROCEDURE.
When in any proceedings pending before it relating to or involving the reasonableness of
rates, fares, charges, or classifications, the commission shall decide that it has not jurisdiction for
the reason that the traffic covered by such rates, fares, charges, and classifications is interstate
commerce, it shall make an order dismissing the proceeding, stating therein the ground of such
dismissal, which order may be appealed from in like manner as other appealable orders of the
commission.
If in any such proceeding one of the commissioners shall dissent from the order of dismissal,
the question of its jurisdiction shall be certified to the district court of a county to which an appeal
might be taken and thereupon the commission shall notify all parties to the proceedings of such
certification, stating the county and date thereof.
History: (4652) RL s 1973; 1971 c 25 s 67; 1980 c 614 s 123
When in any proceedings pending before it relating to or involving the reasonableness of
rates, fares, charges, or classifications, the commission shall decide that it has not jurisdiction for
the reason that the traffic covered by such rates, fares, charges, and classifications is interstate
commerce, it shall make an order dismissing the proceeding, stating therein the ground of such
dismissal, which order may be appealed from in like manner as other appealable orders of the
commission.
If in any such proceeding one of the commissioners shall dissent from the order of dismissal,
the question of its jurisdiction shall be certified to the district court of a county to which an appeal
might be taken and thereupon the commission shall notify all parties to the proceedings of such
certification, stating the county and date thereof.
History: (4652) RL s 1973; 1971 c 25 s 67; 1980 c 614 s 123
216.27 FILING APPEAL PAPERS; EFFECT.
When an appeal is taken, the commission shall file with the clerk of the appellate courts the
documents described by the Rules of Civil Appellate Procedure. The Court of Appeals shall have
full jurisdiction to hear and determine the matter appealed. The proceeding shall be governed
by the Rules of Civil Appellate Procedure. If the order of the commission is reversed, upon
filing a copy of the order of reversal with the commission, it shall proceed to determine the
reasonableness of the rates, fares, charges, and classification on the merits.
History: (4653) RL s 1974; 1971 c 25 s 67; 1980 c 614 s 123; 1983 c 247 s 94
When an appeal is taken, the commission shall file with the clerk of the appellate courts the
documents described by the Rules of Civil Appellate Procedure. The Court of Appeals shall have
full jurisdiction to hear and determine the matter appealed. The proceeding shall be governed
by the Rules of Civil Appellate Procedure. If the order of the commission is reversed, upon
filing a copy of the order of reversal with the commission, it shall proceed to determine the
reasonableness of the rates, fares, charges, and classification on the merits.
History: (4653) RL s 1974; 1971 c 25 s 67; 1980 c 614 s 123; 1983 c 247 s 94
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Revisor of Statutes