SF 2236

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/25/2025 09:34 a.m.

A bill for an act
relating to state government; renaming the Office of Administrative Hearings to
the Court of Administrative Hearings; providing opportunity for remand; amending
Minnesota Statutes 2024, sections 14.48, subdivisions 1, 2; 14.62, subdivisions 1,
2a, by adding a subdivision; repealing Minnesota Statutes 2024, sections 211B.06;
211B.08.

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

Section 1.

Minnesota Statutes 2024, section 14.48, subdivision 1, is amended to read:

Subdivision 1.

Creation.

A state deleted text begin Office deleted text end new text begin Court new text end of Administrative Hearings is created.

Sec. 2.

Minnesota Statutes 2024, section 14.48, subdivision 2, is amended to read:

Subd. 2.

Chief administrative law judge.

(a) The deleted text begin office deleted text end new text begin court new text end shall be under the direction
of a chief administrative law judge who shall be learned in the law and appointed by the
governor, with the advice and consent of the senate, for a term ending on June 30 of the
sixth calendar year after appointment. Senate confirmation of the chief administrative law
judge shall be as provided by section 15.066.

(b) The chief administrative law judge may hear cases and, in accordance with chapter
43A, shall appoint a deputy chief judge and additional administrative law judges and
compensation judges to serve in the deleted text begin office deleted text end new text begin court new text end as necessary to fulfill the duties of the
deleted text begin Office deleted text end new text begin Court new text end of Administrative Hearings.

(c) The chief administrative law judge may delegate to a subordinate employee the
exercise of a specified statutory power or duty as deemed advisable, subject to the control
of the chief administrative law judge. Every delegation must be by written order filed with
the secretary of state. The chief administrative law judge is subject to the provisions of the
Minnesota Constitution, article VI, section 6, the jurisdiction of the Board on Judicial
Standards, and the provisions of the Code of Judicial Conduct.

(d) If a vacancy in the position of chief administrative law judge occurs, an acting or
temporary chief administrative law judge must be named as follows:

(1) at the end of the term of a chief administrative law judge, the incumbent chief
administrative law judge may, at the discretion of the appointing authority, serve as acting
chief administrative law judge until a successor is appointed; and

(2) if at the end of a term of a chief administrative law judge the incumbent chief
administrative law judge is not designated as acting chief administrative law judge, or if a
vacancy occurs in the position of chief administrative law judge, the deputy chief judge
shall immediately become temporary chief administrative law judge without further official
action.

(e) The appointing authority of the chief administrative law judge may appoint a person
other than the deputy chief judge to serve as temporary chief administrative law judge and
may replace any other acting or temporary chief administrative law judge designated pursuant
to paragraph (d), clause (1) or (2).

Sec. 3.

Minnesota Statutes 2024, section 14.62, subdivision 1, is amended to read:

Subdivision 1.

Writing required.

Every decision and order rendered by an agency in
a contested case shall be in writing, shall be based on the record and shall include the agency's
findings of fact and conclusions on all material issues. A decision or order that rejects or
modifies a finding of fact, conclusion, or recommendation contained in the report of the
administrative law judge required under sections 14.48 to 14.56, new text begin or requests remand under
subdivision 2b, new text end must include the reasons for each rejection deleted text begin or deleted text end new text begin , new text end modification new text begin , or request for
remand new text end . A copy of the decision and order shall be served upon each party or the party's
representative and the administrative law judge by first class mail.

Sec. 4.

Minnesota Statutes 2024, section 14.62, subdivision 2a, is amended to read:

Subd. 2a.

Administrative law judge decision final; exception.

Unless otherwise
provided by law, the report or order of the administrative law judge constitutes the final
decision in the case unless the agency modifies deleted text begin or rejects it under deleted text end new text begin , rejects, or requests remand
pursuant to new text end subdivision 1 within 90 days after the record of the proceeding closes under
section 14.61. When the agency fails to act within 90 days on a licensing case, the agency
must return the record of the proceeding to the administrative law judge for consideration
of disciplinary action. In all contested cases where the report or order of the administrative
law judge constitutes the final decision in the case, the administrative law judge shall issue
findings of fact, conclusions, and an order within 90 days after the hearing record closes
under section 14.61. Upon a showing of good cause by a party or the agency, the chief
administrative law judge may order a reasonable extension of either of the two 90-day
deadlines specified in this subdivision. The 90-day deadline will be tolled while the chief
administrative law judge considers a request for reasonable extension so long as the request
was filed and served within the applicable 90-day period.

Sec. 5.

Minnesota Statutes 2024, section 14.62, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Agency request for remand. new text end

new text begin (a) An agency may request remand of a finding
of fact, conclusion of law, or recommendation within 45 days following the close of the
hearing record under section 14.61. Upon a showing of good cause by the agency, the chief
administrative law judge may consider a request for remand received after the deadline
specified in this provision.
new text end

new text begin (b) The requesting agency must state with specificity the reasons the agency is requesting
remand. If the agency requests remand for additional fact finding, the agency must state
with specificity that it is requesting remand for further fact finding, identify the issues for
which further fact finding is needed, and explain why further fact finding is necessary to
facilitate a fair and just final decision.
new text end

new text begin (c) The chief judge, or their designee, must accept a request for remand within ten
business days if:
new text end

new text begin (1) the agency rejects a recommendation to grant summary disposition;
new text end

new text begin (2) a party who had procedurally defaulted during the administrative proceedings seeks
to participate;
new text end

new text begin (3) following remand from the Minnesota Court of Appeals or Minnesota Supreme
Court, or identification of a mathematical or clerical error, the agency identifies a need for
additional proceedings before the Court of Administrative Hearings.
new text end

new text begin (d) The chief judge, or their designee, may accept a request for remand within ten business
days for other reasons as justice requires and consistent with section 14.001.
new text end

new text begin (e) When a request for remand is accepted by the chief judge or their designee, the chief
judge or their designee must assign an administrative law judge to conduct further
proceedings under this chapter on the issues accepted for remand.
new text end

Sec. 6. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "Office of Administrative Hearings" to
"Court of Administrative Hearings" wherever the term appears in Minnesota Statutes. The
revisor of statutes shall also change the term "office" to "court" wherever the term "office"
appears and refers to the Office of Administrative Hearings in Minnesota Statutes.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 211B.06; and 211B.08, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-00540

211B.06 FALSE POLITICAL AND CAMPAIGN MATERIAL.

Subdivision 1.

Gross misdemeanor.

(a) A person is guilty of a gross misdemeanor who intentionally participates in the preparation, dissemination, or broadcast of paid political advertising or campaign material with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat a candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.

(b) A person is guilty of a misdemeanor who intentionally participates in the drafting of a letter to the editor with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat any candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.

Subd. 2.

Exception.

Subdivision 1 does not apply to any person or organization whose sole act is, in the normal course of their business, the printing, manufacturing, or dissemination of the false information.

211B.08 SOLICITATION OF CONTRIBUTIONS PROHIBITED.

A religious, charitable, or educational organization may not request a candidate or committee to contribute to the organization, to subscribe for the support of a club or organization, to buy tickets to entertainment, or to pay for space in a publication. This section does not apply to:

(1) the solicitation of a business advertisement in periodicals in which the candidate was a regular contributor, before candidacy;

(2) ordinary business advertisements;

(3) regular payments to a religious, charitable, or educational organization, of which the candidate was a member, or to which the candidate was a contributor for more than six months before candidacy; or

(4) ordinary contributions at church services.