SF 2575

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/18/2025 09:20 a.m.

A bill for an act
relating to state government; transferring duties from the Department of Human
Services to the Office of Administrative Hearings; amending Minnesota Statutes
2024, sections 14.48; 14.49; 14.50; 14.51; 142A.20, subdivisions 3, 4, 5; 142G.02,
subdivision 37; 142G.45; 256.01, subdivision 29; 256.045, subdivisions 3, 3a, 3b,
4, 4a, 5, 5a, 6, by adding a subdivision; 256.0451, subdivisions 3, 6, 8; repealing
Minnesota Statutes 2024, sections 14.56; 256.045, subdivision 1.

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

Section 1.

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

14.48 OFFICE OF ADMINISTRATIVE HEARINGS.

Subdivision 1.

Creation.

A state Office of Administrative Hearings is created new text begin as an
independent agency of the executive branch of the government new text end .

Subd. 2.

Chief administrative law judge.

(a) The office 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 deleted text begin and deleted text end new text begin , new text end
compensation judges new text begin , human services judges, employees, and agents new text end to serve in the office
as necessary to fulfill the duties of the Office 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).

Subd. 3.

Administrative law judges deleted text begin and deleted text end new text begin , new text end compensation judges new text begin , and human services
judges new text end .

(a) All administrative law judges deleted text begin and deleted text end new text begin , new text end compensation judges new text begin , and human services
judges new text end shall be in the classified service except that the chief administrative law judge shall
be in the unclassified service, but may be removed only for cause.

(b) All administrative law judges deleted text begin and deleted text end new text begin , new text end workers' compensation judges new text begin , and human services
judges new text end must be learned in the law and must be free of any political or economic association
that would impair their ability to function in a fair and impartial manner. Administrative
law judges shall have demonstrated knowledge of administrative procedures and workers'
compensation judges shall have demonstrated knowledge of workers' compensation laws.

(c) Only compensation judges shall conduct administrative conferences, hearings, or
other workers' compensation proceedings within the jurisdiction of the Office of
Administrative Hearings under chapter 176, unless the proceeding is required to be conducted
under chapter 14. Conducting hearings in the administrative law area does not affect a
workers' compensation judge's job class established pursuant to section 43A.07 or seniority
within that job class. The chief administrative law judge shall annually notify the Department
of Management and Budget of the amount of credit payable to the workers' compensation
special fund for time spent by workers' compensation judges on noncompensation
proceedings.

(d) Administrative law judges deleted text begin and deleted text end new text begin , new text end compensation judges new text begin , and human services judges new text end
are subject to the provisions of the Code of Judicial Conduct. Administrative law deleted text begin and deleted text end new text begin judges, new text end
compensation judges new text begin , and human services judges new text end may, however, serve as a member of a
governmental board when so directed by the legislature. The chief administrative law judge
shall provide training to administrative law deleted text begin and deleted text end new text begin judges, new text end compensation judges new text begin , and human
services judges new text end about the requirements of the code and shall apply the provisions of the
code to their actions. Only administrative law judges new text begin and human services judges new text end serving as
temporary judges under a written contract are considered to be part-time judges for purposes
of the code. Reports required to be filed by the code must be filed with the chief
administrative law judge. The chief administrative law judge shall apply the provisions of
the Code of Judicial Conduct, to the extent applicable, to the other administrative law deleted text begin and deleted text end new text begin
judges, new text end compensation judges new text begin , and human services judges new text end in a manner consistent with
interpretations made by the Board on Judicial Standards. The chief administrative law judge
shall follow the procedural requirements of the commissioner's plan for state employees if
any adverse personnel action is taken based in whole or in part as a violation of the Code
of Judicial Conduct.

(e) In addition to other duties provided by law, deleted text begin workers' compensation and deleted text end administrative
law judges new text begin , compensation judges, and human services judges new text end may mediate, arbitrate, or
take other appropriate action on matters referred to the Office of Administrative Hearings
by any member of the federal or state judicial branch or by the Workers' Compensation
Court of Appeals.

Subd. 4.

Retired judges.

The chief administrative law judge may appoint a retired
administrative law judge deleted text begin or deleted text end new text begin , new text end compensation judge new text begin , or human services judge new text end to hear any
proceeding that is properly assignable to an administrative law judge deleted text begin or deleted text end new text begin , new text end compensation
judge new text begin , or human services judge new text end . When a retired administrative law judge deleted text begin or deleted text end new text begin , new text end compensation
judge new text begin , or human services judge new text end undertakes this service, the retired judge shall receive pay
and expenses in the amount payable to temporary administrative law judges deleted text begin or deleted text end new text begin , new text end compensation
judges new text begin , or human services judges new text end serving under section 14.49.

Sec. 2.

Minnesota Statutes 2024, section 14.49, is amended to read:

14.49 TEMPORARY ADMINISTRATIVE LAW JUDGES.

When regularly appointed administrative law judges new text begin or human services judges new text end are not
available, the chief administrative law judge may contract with qualified individuals to serve
as administrative law judges new text begin or human services judges new text end . Such temporary administrative law
judges new text begin or human services judges new text end shall not be employees of the state. Compensation judges
must be employees of the state, except in the following instances: (1) when all available
regularly appointed compensation judges are disqualified from a specific case under the
Code of Judicial Conduct, the chief administrative law judge may contract with a workers'
compensation attorney or former workers' compensation judge to serve as a compensation
judge for that case; and (2) when regularly appointed workers' compensation judges are not
available to hear pending cases on a timely basis, the chief administrative law judge may
contract with a retired workers' compensation judge, formerly an employee of the state, to
serve as a workers' compensation judge.

Sec. 3.

Minnesota Statutes 2024, section 14.50, is amended to read:

14.50 HEARINGS BEFORE ADMINISTRATIVE LAW JUDGE.

new text begin (a) new text end All hearings deleted text begin of state agencies deleted text end required to be conducted under this chapter shall be
conducted by an administrative law judge assigned by the chief administrative law judge
deleted text begin or by a workers' compensation judge assigned by the chief administrative law judge as
provided in section 14.48 deleted text end . new text begin A judge assigned under this paragraph must make a report on
each proposed agency action in which the administrative law judge functioned in an official
capacity, stating findings of fact, conclusions, and recommendations. The report must specify
the degree to which the agency has:
new text end

new text begin (1) documented the agency's statutory authority to take the proposed action;
new text end

new text begin (2) fulfilled all relevant procedural requirements of law or rule; and
new text end

new text begin (3) in rulemaking proceedings, demonstrated the need for and reasonableness of its
proposed action with an affirmative presentation of facts.
new text end

new text begin (b) new text end All hearings required to be conducted under chapter 176 shall be conducted by a
compensation judge assigned by the chief administrative law judge.

new text begin (c) All hearings required to be conducted under chapter 256 and section 142A.20 must
be conducted by a human services judge assigned by the chief administrative law judge.
new text end

new text begin (d) new text end In assigning administrative law judges deleted text begin or deleted text end new text begin , new text end compensation judges new text begin , or human services
judges new text end to conduct hearings under this chapter, the chief administrative law judge shall
attempt to utilize personnel having expertise in the subject to be dealt with in the hearing.
It shall be the duty of the judge to: (1) advise an agency as to the location at which and time
during which a hearing should be held so as to allow for participation by all affected interests;
(2) conduct only hearings for which proper notice has been given; (3) see to it that all
hearings are conducted in a fair and impartial manner. deleted text begin Except in the case of workers'
compensation hearings involving claims for compensation it shall also be the duty of the
judge to make a report on each proposed agency action in which the administrative law
judge functioned in an official capacity, stating findings of fact and conclusions and
recommendations, taking notice of the degree to which the agency has (i) documented its
statutory authority to take the proposed action, (ii) fulfilled all relevant procedural
requirements of law or rule, and (iii) in rulemaking proceedings, demonstrated the need for
and reasonableness of its proposed action with an affirmative presentation of facts.
deleted text end

Sec. 4.

Minnesota Statutes 2024, section 14.51, is amended to read:

14.51 PROCEDURAL RULES.

The chief administrative law judge shall adopt rules to govern: (1) the procedural conduct
of all hearings, relating to both rule adoption, amendment, suspension or repeal hearings,
contested case hearings, deleted text begin and deleted text end workers' compensation hearings, new text begin and human services hearings, new text end
and to govern the conduct of voluntary mediation sessions for rulemaking and contested
cases other than those within the jurisdiction of the Bureau of Mediation Services; and (2)
the review of rules adopted without a public hearing. The chief administrative law judge
may adopt rules to govern the procedural conduct of other hearings conducted by the Office
of Administrative Hearings. The procedural rules shall be binding upon all agencies and
shall supersede any other agency procedural rules with which they may be in conflict. The
procedural rules shall include in addition to normal procedural matters provisions relating
to the procedure to be followed when the proposed final rule of an agency is substantially
different, as determined under section 14.05, subdivision 2, from that which was proposed.
The procedural rules shall establish a procedure whereby the proposed final rule of an agency
shall be reviewed by the chief administrative law judge on the issue of whether the proposed
final rule of the agency is substantially different than that which was proposed or failure of
the agency to meet the requirements of chapter 14. The rules must also provide: (1) an
expedited procedure, consistent with section 14.001, clauses (1) to (5), for the adoption of
substantially different rules by agencies; and (2) a procedure to allow an agency to receive
prior binding approval of its plan regarding the additional notice contemplated under sections
14.101, 14.131, 14.14, 14.22, and 14.23. Upon the chief administrative law judge's own
initiative or upon written request of an interested party, the chief administrative law judge
may issue a subpoena for the attendance of a witness or the production of books, papers,
records or other documents as are material to any matter being heard by the Office of
Administrative Hearings. The subpoenas shall be enforceable through the district court in
the district in which the subpoena is issued.

Sec. 5.

Minnesota Statutes 2024, section 142A.20, subdivision 3, is amended to read:

Subd. 3.

Orders of the commissioner of children, youth, and families.

(a) A deleted text begin state deleted text end
human services judge shall conduct a hearing on an appeal of a matter listed in subdivision
2 and shall recommend an order to the commissioner of children, youth, and families. The
recommended order must be based on all relevant evidence and must not be limited to a
review of the propriety of the state or county agency's action. A deleted text begin state deleted text end human services judge
may take official notice of adjudicative facts. The commissioner of children, youth, and
families may accept the recommended order of a deleted text begin state deleted text end human services judge and issue the
order to the county agency and the applicant, recipient, or former recipient. If the
commissioner refuses to accept the recommended order of the deleted text begin state deleted text end human services judge,
the commissioner shall notify the petitioner or the agency of the commissioner's refusal and
shall state reasons for the refusal. The commissioner shall allow each party ten days' time
to submit additional written argument on the matter. After the expiration of the ten-day
period, the commissioner shall issue an order on the matter to the petitioner and the agency.

(b) A party aggrieved by an order of the commissioner may appeal under subdivision 5
or request reconsideration by the commissioner within 30 days after the date the
commissioner issues the order. The commissioner may reconsider an order upon request of
any party or on the commissioner's own motion. A request for reconsideration does not stay
implementation of the commissioner's order. The person seeking reconsideration has the
burden to demonstrate why the matter should be reconsidered. The request for reconsideration
may include legal argument and proposed additional evidence supporting the request. If
proposed additional evidence is submitted, the person must explain why the proposed
additional evidence was not provided at the time of the hearing. If reconsideration is granted,
the other participants must be sent a copy of all material submitted in support of the request
for reconsideration and must be given ten days to respond. Upon reconsideration, the
commissioner may issue an amended order or an order affirming the original order.

(c) Any order of the commissioner issued under this subdivision shall be conclusive
upon the parties unless appeal is taken in the manner provided by subdivision 5. Any order
of the commissioner is binding on the parties and must be implemented by the state agency
or a county agency until the order is reversed by the district court or unless the commissioner
or a district court orders monthly assistance or aid or services paid or provided under
subdivision 8.

(d) A vendor under contract with a county agency to provide social services is not a
party and may not request a hearing or seek judicial review of an order issued under this
section, unless assisting a recipient as provided in section 256.045, subdivision 4.

Sec. 6.

Minnesota Statutes 2024, section 142A.20, subdivision 4, is amended to read:

Subd. 4.

Additional powers of commissioner; subpoenas.

(a) The commissioner may
initiate a review of any action or decision of a county agency and direct that the matter be
presented to a deleted text begin state deleted text end human services judge for a hearing held under subdivision 2 or section
256.045, subdivision 3b. In all matters dealing with children, youth, and families committed
by law to the discretion of the county agency, the commissioner's judgment may be
substituted for that of the county agency. The commissioner may order an independent
examination when appropriate.

(b) Any party to a hearing held pursuant to subdivision 2 or section 256.045, subdivision
3b, may request that the deleted text begin commissioner deleted text end new text begin human services judge new text end issue a subpoena to compel
the attendance of witnesses and the production of records at the hearing. A local agency
may request that the deleted text begin commissioner deleted text end new text begin human services judge new text end issue a subpoena to compel the
release of information from third parties prior to a request for a hearing under section
256.0451 upon a showing of relevance to such a proceeding. The issuance, service, and
enforcement of subpoenas under this subdivision is governed by section deleted text begin 357.22 deleted text end new text begin 14.51;
Minnesota Rules, part 1400.7000; new text end and the Minnesota Rules of Civil Procedure.

Sec. 7.

Minnesota Statutes 2024, section 142A.20, subdivision 5, is amended to read:

Subd. 5.

Judicial review.

Any party who is aggrieved by an order of the commissioner
of children, youth, and families may appeal the order to the district court of the county
responsible for furnishing assistance, or, in appeals under section 256.045, subdivision 3b,
the county where the maltreatment occurred, by serving a written copy of a notice of appeal
upon the commissioner and any adverse party of record within 30 days after the date the
commissioner issued the order, the amended order, or order affirming the original order,
and by filing the original notice and proof of service with the court administrator of the
district court. Service may be made personally or by mail; service by mail is complete upon
mailing. The court administrator shall not require a filing fee in appeals taken pursuant to
this subdivision, except for appeals taken under section 256.045, subdivision 3b. The
commissioner may elect to become a party to the proceedings in the district court. Except
for appeals under section 256.045, subdivision 3b, any party may demand that the
commissioner furnish all parties to the proceedings with a copy of the decision, and a
transcript of any testimony, evidence, or other supporting papers from the hearing held
before the deleted text begin state deleted text end human services judge, by serving a written demand upon the commissioner
within 30 days after service of the notice of appeal. Any party aggrieved by the failure of
an adverse party to obey an order issued by the commissioner under subdivision 3 may
compel performance according to the order in the manner prescribed in sections 586.01 to
586.12.

Sec. 8.

Minnesota Statutes 2024, section 142G.02, subdivision 37, is amended to read:

Subd. 37.

Fair hearing or hearing.

"Fair hearing" or "hearing" means the evidentiary
hearing conducted by the deleted text begin department deleted text end human services judge to resolve disputes as specified
in section 142G.45, or if not applicable, section 142A.20.

Sec. 9.

Minnesota Statutes 2024, section 142G.45, is amended to read:

142G.45 FAIR HEARINGS.

Caregivers receiving a notice of intent to sanction or a notice of adverse action that
includes a sanction, reduction in benefits, suspension of benefits, denial of benefits, or
termination of benefits may request a fair hearing. A request for a fair hearing must be
submitted in writing to the county agency or to the commissioner and must be mailed within
30 days after a participant or former participant receives written notice of the agency's action
or within 90 days when a participant or former participant shows good cause for not
submitting the request within 30 days. A former participant who receives a notice of adverse
action due to an overpayment may appeal the adverse action according to the requirements
in this section. Issues that may be appealed are:

(1) the amount of the assistance payment;

(2) a suspension, reduction, denial, or termination of assistance;

(3) the basis for an overpayment, the calculated amount of an overpayment, and the level
of recoupment;

(4) the eligibility for an assistance payment; and

(5) the use of protective or vendor payments under section 142G.35, subdivision 2,
clauses (1) to (3).

A county agency must not reduce, suspend, or terminate payment when an aggrieved
participant requests a fair hearing prior to the effective date of the adverse action or within
ten days of the mailing of the notice of adverse action, whichever is later, unless the
participant requests in writing not to receive continued assistance pending a hearing decision.
Assistance issued pending a fair hearing is subject to recovery under section 256P.08 when
as a result of the fair hearing decision the participant is determined ineligible for assistance
or the amount of the assistance received. A county agency may increase or reduce an
assistance payment while an appeal is pending when the circumstances of the participant
change and are not related to the issue on appeal. The commissioner's order is binding on
a county agency. No additional notice is required to enforce the commissioner's order.

A county agency shall reimburse appellants for reasonable and necessary expenses of
attendance at the hearing, such as child care and transportation costs and for the transportation
expenses of the appellant's witnesses and representatives to and from the hearing. Reasonable
and necessary expenses do not include legal fees. Fair hearings must be conducted at a
reasonable time and date by an impartial human services judge deleted text begin employed by the department deleted text end .
The hearing may be conducted by telephone or at a site that is readily accessible to persons
with disabilities.

The appellant may introduce new or additional evidence relevant to the issues on appeal.
Recommendations of the human services judge and decisions of the commissioner must be
based on evidence in the hearing record and are not limited to a review of the county agency
action.

Sec. 10.

Minnesota Statutes 2024, section 256.01, subdivision 29, is amended to read:

Subd. 29.

State medical review team.

(a) To ensure the timely processing of
determinations of disability by the commissioner's state medical review team under sections
256B.055, subdivisions 7, paragraph (b), and 12, and 256B.057, subdivision 9, the
commissioner shall review all medical evidence and seek information from providers,
applicants, and enrollees to support the determination of disability where necessary. Disability
shall be determined according to the rules of title XVI and title XIX of the Social Security
Act and pertinent rules and policies of the Social Security Administration.

(b) Prior to a denial or withdrawal of a requested determination of disability due to
insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary
and appropriate to a determination of disability, and (2) assist applicants and enrollees to
obtain the evidence, including, but not limited to, medical examinations and electronic
medical records.

(c) Any appeal made under section 256.045, subdivision 3, of a disability determination
made by the state medical review team must be decided according to the timelines under
section 256.0451, subdivision 22, paragraph (a). If a written decision is not issued within
the timelines under section 256.0451, subdivision 22, paragraph (a), the appeal must be
immediately reviewed by the chief deleted text begin human services deleted text end new text begin administrative law new text end judge.

Sec. 11.

Minnesota Statutes 2024, section 256.045, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Human services judge request. new text end

new text begin Except as otherwise provided in this section,
within ten days of receiving a request for a hearing before a human services judge, the
commissioner or the executive board shall request assignment of a human services judge
by the Office of Administrative Hearings. The assignment request must include a proposed
date, time, and location of a hearing. The commissioner or executive board shall issue a
notice of hearing by certified mail or personal service at least ten business days before the
hearing. Human services hearings are not contested cases under chapter 14 and are not
otherwise governed by chapter 14, except as set out in this section. The human services
judge must issue findings of fact and a recommendation to the commissioner of human
services or the executive board.
new text end

Sec. 12.

Minnesota Statutes 2024, section 256.045, subdivision 3, is amended to read:

Subd. 3.

deleted text begin State agency deleted text end new text begin Human services new text end hearings.

(a) deleted text begin State agency deleted text end new text begin Human services new text end
hearings are available for the following:

(1) any person:

(i) applying for, receiving or having received public assistance, medical care, or a program
of social services administered by the commissioner or a county agency on behalf of the
commissioner; and

(ii) whose application for assistance is denied, not acted upon with reasonable promptness,
or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly
paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a
lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration under section 626.557;

(5) any person to whom a right of appeal according to this section is given by other
provision of law;

(6) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;

(7) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(8) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under chapter 260E, after the individual or facility has exercised the
right to administrative reconsideration under chapter 260E;

(9) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (8), and a disqualification under this clause in which the
basis for a disqualification is serious or recurring maltreatment, shall be consolidated into
a single fair hearing. In such cases, the scope of review by the human services judge shall
include both the maltreatment determination and the disqualification. The failure to exercise
the right to an administrative reconsideration shall not be a bar to a hearing under this section
if federal law provides an individual the right to a hearing to dispute a finding of
maltreatment;

(10) any person with an outstanding debt resulting from receipt of public assistance
administered by the commissioner or medical care who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;

(11) a person issued a notice of service termination under section 245D.10, subdivision
3a, by a licensed provider of any residential supports or services listed in section 245D.03,
subdivision 1, paragraphs (b) and (c), that is not otherwise subject to appeal under subdivision
4a;

(12) an individual disability waiver recipient based on a denial of a request for a rate
exception under section 256B.4914;

(13) a person issued a notice of service termination under section 245A.11, subdivision
11, that is not otherwise subject to appeal under subdivision 4a; or

(14) a recovery community organization seeking medical assistance vendor eligibility
under section 254B.01, subdivision 8, that is aggrieved by a membership or accreditation
determination and that believes the organization meets the requirements under section
254B.05, subdivision 1, paragraph (d), clauses (1) to (10). The scope of the review by the
human services judge shall be limited to whether the organization meets each of the
requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10).

(b) The hearing for an individual or facility under paragraph (a), clause (4), (8), or (9),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (8), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
hearing for an individual or facility under paragraph (a), clause (4), (8), or (9), is only
available when there is no district court action pending. If such action is filed in district
court while an administrative review is pending that arises out of some or all of the events
or circumstances on which the appeal is based, the administrative review must be suspended
until the judicial actions are completed. If the district court proceedings are completed,
dismissed, or overturned, the matter may be considered in an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(d) The scope of hearings involving claims to foster care payments under section 142A.20,
subdivision 2, clause (2), shall be limited to the issue of whether the county is legally
responsible for a child's placement under court order or voluntary placement agreement
and, if so, the correct amount of foster care payment to be made on the child's behalf and
shall not include review of the propriety of the county's child protection determination or
child placement decision.

(e) The scope of hearings under paragraph (a), clauses (11) and (13), shall be limited to
whether the proposed termination of services is authorized under section 245D.10,
subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,
paragraphs (d) and (e), were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.

(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.

(g) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.

(h) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law, except in matters covered by paragraph (i).

(i) When the subject of an administrative review is a matter within the jurisdiction of
the Direct Care and Treatment executive board as a part of the board's powers and duties
under chapter 246C, the executive board may summarily affirm the county or state agency's
proposed action without a hearing when the sole issue is an automatic change due to a
change in state or federal law.

(j) Unless federal or Minnesota law specifies a different time frame in which to file an
appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.

Sec. 13.

Minnesota Statutes 2024, section 256.045, subdivision 3a, is amended to read:

Subd. 3a.

Prepaid health plan appeals.

(a) All prepaid health plans under contract to
the commissioner under chapter 256B must provide for a complaint system according to
section 62D.11. When a prepaid health plan denies, reduces, or terminates a health service
or denies a request to authorize a previously authorized health service, the prepaid health
plan must notify the recipient of the right to file a complaint or an appeal. The notice must
include the name and telephone number of the ombudsman and notice of the recipient's
right to request a hearing under paragraph (b). Recipients may request the assistance of the
ombudsman in the complaint system process. The prepaid health plan must issue a written
resolution of the complaint to the recipient within 30 days after the complaint is filed with
the prepaid health plan. A recipient is required to exhaust the complaint system procedures
in order to request a hearing under paragraph (b).

(b) Recipients enrolled in a prepaid health plan under chapter 256B may contest a prepaid
health plan's denial, reduction, or termination of health services, a prepaid health plan's
denial of a request to authorize a previously authorized health service, or the prepaid health
plan's written resolution of a complaint by submitting a written request for a hearing
according to subdivision 3. A deleted text begin state deleted text end human services judge shall conduct a hearing on the
matter and shall recommend an order to the commissioner of human services. The
commissioner need not deleted text begin grant a deleted text end new text begin refer the matter for new text end hearing new text begin as provided in subdivision 2a,
new text end if the sole issue raised by a recipient is the commissioner's authority to require mandatory
enrollment in a prepaid health plan in a county where prepaid health plans are under contract
with the commissioner. The deleted text begin state deleted text end human services judge may order a second medical opinion
from a nonprepaid health plan provider at the expense of the Department of Human Services.
Recipients may request the assistance of the ombudsman in the appeal process.

(c) In the written request for a hearing to appeal from a prepaid health plan's denial,
reduction, or termination of a health service, a prepaid health plan's denial of a request to
authorize a previously authorized service, or the prepaid health plan's written resolution to
a complaint, a recipient may request an expedited hearing. If an expedited appeal is
warranted, the deleted text begin state deleted text end human services judge shall hear the appeal and render a decision within
a time commensurate with the level of urgency involved, based on the individual
circumstances of the case.

(d) Beginning January 1, 2018, the requirements of Code of Federal Regulations, part
42, sections 438.400 to 438.424, take precedence over any conflicting provisions in this
subdivision. All other provisions of this section remain in effect.

Sec. 14.

Minnesota Statutes 2024, section 256.045, subdivision 3b, is amended to read:

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a)
The deleted text begin state deleted text end human services judge shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under section 626.557 and
chapter 260E. For purposes of hearings regarding disqualification, the deleted text begin state deleted text end human services
judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph
(a), clause (9), if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.557 or chapter 260E that is serious or
recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in section
245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section 626.557 or chapter 260E, for incidents
in which the final disposition under section 626.557 or chapter 260E was substantiated
maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the deleted text begin state deleted text end human services judge shall determine
whether the individual poses a risk of harm in accordance with the requirements of section
245C.22, and whether the disqualification should be set aside or not set aside. In determining
whether the disqualification should be set aside, the human services judge shall consider
all of the characteristics that cause the individual to be disqualified, including those
characteristics that were not subject to review under paragraph (a), in order to determine
whether the individual poses a risk of harm. A decision to set aside a disqualification that
is the subject of the hearing constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact services in the individual
program specified in the set aside.

(c) If a disqualification is based solely on a conviction or is conclusive for any reason
under section 245C.29, the disqualified individual does not have a right to a hearing under
this section.

(d) The deleted text begin state deleted text end human services judge shall recommend an order to the commissioner of
health; education; children, youth, and families; or human services, as applicable, who shall
issue a final order. The commissioner shall affirm, reverse, or modify the final disposition.
Any order of the commissioner issued in accordance with this subdivision is conclusive
upon the parties unless appeal is taken in the manner provided in subdivision 7. In any
licensing appeal under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02
to 144A.482, the commissioner's determination as to maltreatment is conclusive, as provided
under section 245C.29.

Sec. 15.

Minnesota Statutes 2024, section 256.045, subdivision 4, is amended to read:

Subd. 4.

Conduct of hearings.

(a) All hearings held pursuant to subdivision 3, 3a, 3b,
or 4a shall be conducted according to the provisions of the federal Social Security Act and
the regulations implemented in accordance with that act to enable this state to qualify for
federal grants-in-aid, and according to the rules deleted text begin and written policies deleted text end of the commissioner
of human services. County agencies shall install equipment necessary to conduct telephone
hearings. A deleted text begin state deleted text end human services judge may schedule a telephone conference hearing when
the distance or time required to travel to the county agency offices will cause a delay in the
issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings
may be conducted by telephone conferences unless the applicant, recipient, former recipient,
person, or facility contesting maltreatment objects. A human services judge may grant a
request for a hearing in person by holding the hearing by interactive video technology or
in person. The human services judge must hear the case in person if the person asserts that
either the person or a witness has a physical or mental disability that would impair the
person's or witness's ability to fully participate in a hearing held by interactive video
technology. The hearing shall not be held earlier than five days after filing of the required
notice with the county or state agency. The deleted text begin state deleted text end human services judge shall notify all
interested persons of the time, date, and location of the hearing at least five days before the
date of the hearing. Interested persons may be represented by legal counsel or other
representative of their choice, including a provider of therapy services, at the hearing and
may appear personally, testify and offer evidence, and examine and cross-examine witnesses.
The applicant, recipient, former recipient, person, or facility contesting maltreatment shall
have the opportunity to examine the contents of the case file and all documents and records
to be used by the county or state agency at the hearing at a reasonable time before the date
of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses
(4), (8), and (9), either party may subpoena the private data relating to the investigation
prepared by the agency under section 626.557 or chapter 260E that is not otherwise accessible
under section 13.04, provided the identity of the reporter may not be disclosed.

(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph
(a), clause (4), (8), or (9), must be subject to a protective order which prohibits its disclosure
for any other purpose outside the hearing provided for in this section without prior order of
the district court. Disclosure without court order is punishable by a sentence of not more
than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on
the use of private data do not prohibit access to the data under section 13.03, subdivision
6. Except for appeals under subdivision 3, paragraph (a), clauses (4), (8), and (9), upon
request, the county agency shall provide reimbursement for transportation, child care,
photocopying, medical assessment, witness fee, and other necessary and reasonable costs
incurred by the applicant, recipient, or former recipient in connection with the appeal. All
evidence, except that privileged by law, commonly accepted by reasonable people in the
conduct of their affairs as having probative value with respect to the issues shall be submitted
at the hearing and such hearing shall not be "a contested case" within the meaning of section
14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and
may not submit evidence after the hearing except by agreement of the parties at the hearing,
provided the petitioner has the opportunity to respond.

(c) In hearings under subdivision 3, paragraph (a), clause (4), (8), or (9), involving
determinations of maltreatment or disqualification made by more than one county agency,
by a county agency and a state agency, or by more than one state agency, the hearings may
be consolidated into a single fair hearing upon the consent of all parties and the deleted text begin state deleted text end human
services judge.

(d) For hearings under subdivision 3, paragraph (a), clause (4) or (9), involving a
vulnerable adult, the human services judge shall notify the vulnerable adult who is the
subject of the maltreatment determination and, if known, a guardian of the vulnerable adult
appointed under section 524.5-310, or a health care agent designated by the vulnerable adult
in a health care directive that is currently effective under section 145C.06 and whose authority
to make health care decisions is not suspended under section 524.5-310, of the hearing. The
notice must be sent by certified mail and inform the vulnerable adult of the right to file a
signed written statement in the proceedings. A guardian or health care agent who prepares
or files a written statement for the vulnerable adult must indicate in the statement that the
person is the vulnerable adult's guardian or health care agent and sign the statement in that
capacity. The vulnerable adult, the guardian, or the health care agent may file a written
statement with the human services judge hearing the case no later than five business days
before commencement of the hearing. The human services judge shall include the written
statement in the hearing record and consider the statement in deciding the appeal. This
subdivision does not limit, prevent, or excuse the vulnerable adult from being called as a
witness testifying at the hearing or grant the vulnerable adult, the guardian, or health care
agent a right to participate in the proceedings or appeal the human services judge's decision
in the case. The lead investigative agency must consider including the vulnerable adult
victim of maltreatment as a witness in the hearing. If the lead investigative agency determines
that participation in the hearing would endanger the well-being of the vulnerable adult or
not be in the best interests of the vulnerable adult, the lead investigative agency shall inform
the human services judge of the basis for this determination, which must be included in the
final order. If the human services judge is not reasonably able to determine the address of
the vulnerable adult, the guardian, or the health care agent, the human services judge is not
required to send a hearing notice under this subdivision.

Sec. 16.

Minnesota Statutes 2024, section 256.045, subdivision 4a, is amended to read:

Subd. 4a.

Case management appeals.

Any recipient of case management services
pursuant to section 256B.092, who contests the county agency's action or failure to act in
the provision of those services, other than a failure to act with reasonable promptness or a
suspension, reduction, denial, or termination of services, must submit a written request for
a conciliation conference to the county agency. The county agency shall inform the
commissioner of the receipt of a request when it is submitted and shall schedule a conciliation
conference. The county agency shall notify the recipient, the commissioner, and all interested
persons of the time, date, and location of the conciliation conference. The commissioner
may assist the county by providing mediation services or by identifying other resources that
may assist in the mediation between the parties new text begin , including mediation services available
through the Office of Administrative Hearings new text end . Within 30 days, the county agency shall
conduct the conciliation conference and inform the recipient in writing of the action the
county agency is going to take and when that action will be taken and notify the recipient
of the right to a hearing under this subdivision. The conciliation conference shall be
conducted in a manner consistent with the commissioner's instructions. If the county fails
to conduct the conciliation conference and issue its report within 30 days, or, at any time
up to 90 days after the conciliation conference is held, a recipient may submit to the
commissioner a written request for a hearing before a deleted text begin state deleted text end human services judge to determine
whether case management services have been provided in accordance with applicable laws
and rules or whether the county agency has assured that the services identified in the
recipient's individual service plan have been delivered in accordance with the laws and rules
governing the provision of those services. The deleted text begin state deleted text end human services judge shall recommend
an order to the commissioner, who shall, in accordance with the procedure in subdivision
5, issue a final order within 60 days of the receipt of the request for a hearing, unless the
commissioner refuses to accept the recommended order, in which event a final order shall
issue within 90 days of the receipt of that request. The order may direct the county agency
to take those actions necessary to comply with applicable laws or rules. The commissioner
may issue a temporary order prohibiting the demission of a recipient of case management
services from a residential or day habilitation program licensed under chapter 245A, while
a county agency review process or an appeal brought by a recipient under this subdivision
is pending, or for the period of time necessary for the county agency to implement the
commissioner's order. The commissioner shall not issue a final order staying the demission
of a recipient of case management services from a residential or day habilitation program
licensed under chapter 245A.

Sec. 17.

Minnesota Statutes 2024, section 256.045, subdivision 5, is amended to read:

Subd. 5.

Orders of the commissioner of human services.

(a) Except as provided for
under subdivision 5a for matters under the jurisdiction of the Direct Care and Treatment
executive board and for hearings held under section 142A.20, subdivision 2, a deleted text begin state deleted text end human
services judge shall conduct a hearing on the appeal and shall recommend an order to the
commissioner of human services. The recommended order must be based on all relevant
evidence and must not be limited to a review of the propriety of the state or county agency's
action. A human services judge may take official notice of adjudicative facts. The
commissioner of human services may accept the recommended order of a deleted text begin state deleted text end human
services judge and issue the order to the county agency and the applicant, recipient, former
recipient, or prepaid health plan. The commissioner new text begin , new text end on refusing to accept the recommended
order of the deleted text begin state deleted text end human services judge, shall notify the petitioner, deleted text begin the deleted text end agency, or prepaid
health plan of that fact and shall state reasons therefor and shall allow each party ten days'
time to submit additional written argument on the matter. After the expiration of the ten-day
period, the commissioner shall issue an order on the matter to the petitioner, the agency, or
prepaid health plan.

(b) A party aggrieved by an order of the commissioner may appeal under subdivision
7, or request reconsideration by the commissioner within 30 days after the date the
commissioner issues the order. The commissioner may reconsider an order upon request of
any party or on the commissioner's own motion. A request for reconsideration does not stay
implementation of the commissioner's order. The person seeking reconsideration has the
burden to demonstrate why the matter should be reconsidered. The request for reconsideration
may include legal argument and proposed additional evidence supporting the request. If
proposed additional evidence is submitted, the person must explain why the proposed
additional evidence was not provided at the time of the hearing. If reconsideration is granted,
the other participants must be sent a copy of all material submitted in support of the request
for reconsideration and must be given ten days to respond. Upon reconsideration, the
commissioner may issue an amended order or an order affirming the original order.

(c) Any order of the commissioner issued under this subdivision shall be conclusive
upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order
of the commissioner is binding on the parties and must be implemented by the state agency,
a county agency, or a prepaid health plan according to subdivision 3a, until the order is
reversed by the district court, or unless the commissioner or a district court orders monthly
assistance or aid or services paid or provided under subdivision 10.

(d) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing or seek judicial review of an order issued under this section, unless assisting
a recipient as provided in subdivision 4. A prepaid health plan is a party to an appeal under
subdivision 3a, but cannot seek judicial review of an order issued under this section.

Sec. 18.

Minnesota Statutes 2024, section 256.045, subdivision 5a, is amended to read:

Subd. 5a.

Orders of the Direct Care and Treatment executive board.

(a) When the
subject of an administrative review is a matter within the jurisdiction of the Direct Care and
Treatment executive board as a part of the board's powers and duties under chapter 246C,
a deleted text begin state deleted text end human services judge shall conduct a hearing on the appeal and shall recommend
an order to the executive board. The recommended order must be based on all relevant
evidence and must not be limited to a review of the propriety of the state or county agency's
action. A human services judge may take official notice of adjudicative facts. The Direct
Care and Treatment executive board may accept the recommended order of a deleted text begin state deleted text end human
services judge and issue the order to the parties. The executive board, on refusing to accept
the recommended order of the deleted text begin state deleted text end human services judge, shall notify the parties of the
refusal and the reasoning and shall allow each party ten days to submit additional written
argument on the matter. After the expiration of the ten-day period, the executive board shall
issue an order on the matter to the parties.

(b) A party aggrieved by an order of the executive board may appeal under subdivision
7, or request reconsideration by the executive board within 30 days after the date the
executive board issues the order. The executive board may reconsider an order upon request
of any party or on the executive board's own motion. A request for reconsideration does
not stay implementation of the executive board's order. The person seeking reconsideration
has the burden to demonstrate why the matter should be reconsidered. The request for
reconsideration may include legal argument and proposed additional evidence supporting
the request. If proposed additional evidence is submitted, the person must explain why the
proposed additional evidence was not provided at the time of the hearing. If reconsideration
is granted, the other participants must be sent a copy of all material submitted in support of
the request for reconsideration and must be given ten days to respond. Upon reconsideration,
the executive board may issue an amended order or an order affirming the original order.

(c) Any order of the executive board issued under this subdivision shall be conclusive
upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order
of the executive board is binding on the parties and must be implemented by the state agency
or a county agency, until the order is reversed by the district court, or unless the executive
board or a district court orders monthly services paid or provided under subdivision 10.

(d) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing or seek judicial review of an order issued under this section, unless assisting
a recipient as provided in subdivision 4. Direct Care and Treatment is not a vendor for the
purposes of this paragraph.

Sec. 19.

Minnesota Statutes 2024, section 256.045, subdivision 6, is amended to read:

Subd. 6.

Additional powers of commissioner; subpoenas.

(a) The commissioner of
human services, the commissioner of health for matters within the commissioner's jurisdiction
under subdivision 3b, or the Direct Care and Treatment executive board for matters within
the jurisdiction of the executive board under subdivision 5a, may initiate a review of any
action or decision of a county agency and direct that the matter be presented to a deleted text begin state deleted text end human
services judge new text begin pursuant to subdivision 2a new text end for a hearing held under subdivision 3, 3a, 3b, or
4a. In all matters dealing with human services committed by law to the discretion of the
county agency, the judgment of the applicable commissioner or executive board may be
substituted for that of the county agency. The applicable commissioner or executive board
may order an independent examination when appropriate.

(b) Any party to a hearing held pursuant to subdivision 3, 3a, 3b, or 4a may request that
the deleted text begin applicable commissioner or executive board deleted text end new text begin human services judge new text end issue a subpoena to
compel the attendance of witnesses and the production of records at the hearing. A local
agency may request that the deleted text begin applicable commissioner or executive board deleted text end new text begin human services
judge new text end issue a subpoena to compel the release of information from third parties prior to a
request for a hearing under section 256.046 upon a showing of relevance to such a
proceeding. The issuance, service, and enforcement of subpoenas under this subdivision is
governed by section deleted text begin 357.22 deleted text end new text begin 14.51; Minnesota Rules, part 1400.7000; new text end and the Minnesota
Rules of Civil Procedure.

(c) The commissioner of human services may issue a temporary order staying a proposed
demission by a residential facility licensed under chapter 245A:

(1) while an appeal by a recipient under subdivision 3 is pending;

(2) for the period of time necessary for the case management provider to implement the
commissioner's order; or

(3) for appeals under subdivision 3, paragraph (a), clause (11), when the individual is
seeking a temporary stay of demission on the basis that the county has not yet finalized an
alternative arrangement for a residential facility, a program, or services that will meet the
assessed needs of the individual by the effective date of the service termination, a temporary
stay of demission may be issued for no more than 30 calendar days to allow for such
arrangements to be finalized.

Sec. 20.

Minnesota Statutes 2024, section 256.0451, subdivision 3, is amended to read:

Subd. 3.

Agency appeal summary.

(a) Except in fair hearings and appeals under section
256.045, subdivision 3, paragraph (a), clauses (4), (9), and (10), the agency involved in an
appeal must prepare a state agency appeal summary for each fair hearing appeal. The state
agency appeal summary shall be mailed or otherwise delivered to the person who is involved
in the appeal at least three working days before the date of the hearing. The state agency
appeal summary must also be mailed or otherwise deleted text begin delivered to the department's Appeals
Office deleted text end new text begin filed with the Office of Administrative Hearings new text end at least three working days before
the date of the fair hearing appeal.

(b) In addition, the human services judge shall confirm that the state agency appeal
summary is mailed or otherwise delivered to the person involved in the appeal as required
under paragraph (a). The person involved in the fair hearing should be provided, through
the state agency appeal summary or other reasonable methods, appropriate information
about the procedures for the fair hearing and an adequate opportunity to prepare. These
requirements apply equally to the state agency or an entity under contract when involved
in the appeal.

(c) The contents of the state agency appeal summary must be adequate to inform the
person involved in the appeal of the evidence on which the agency relies and the legal basis
for the agency's action or determination.

Sec. 21.

Minnesota Statutes 2024, section 256.0451, subdivision 6, is amended to read:

Subd. 6.

Appeal request for emergency assistance or urgent matter.

(a) When an
appeal involves an application for emergency assistance, the agency involved shall deleted text begin mail or
otherwise deliver deleted text end new text begin file new text end the state agency appeal summary deleted text begin to the department's Appeals Office deleted text end
new text begin with the Office of Administrative Hearings new text end within two working days of receiving the request
for an appeal. A person may also request that a fair hearing be held on an emergency basis
when the issue requires an immediate resolution. The human services judge shall schedule
the fair hearing on the earliest available date according to the urgency of the issue involved.
Issuance of the recommended decision after an emergency hearing shall be expedited.

(b) The commissioner shall issue a written decision within five working days of receiving
the recommended decision, shall immediately inform the parties of the outcome by telephone,
and shall mail the decision no later than two working days following the date of the decision.

Sec. 22.

Minnesota Statutes 2024, section 256.0451, subdivision 8, is amended to read:

Subd. 8.

Subpoenas.

A person involved in a fair hearing or the agency may request a
subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall
be issued to require the attendance and the testimony of witnesses, and the production of
evidence relating to any issue of fact in the appeal hearing. The request for a subpoena must
show a need for the subpoena and the general relevance to the issues involved. The subpoena
shall be issued in the name of the department and shall be served and enforced as provided
in section deleted text begin 357.22 deleted text end new text begin 14.51; Minnesota Rules, part 1400.7000; new text end and the Minnesota Rules of Civil
Procedure.

An individual or entity served with a subpoena may petition the human services judge
in writing to vacate or modify a subpoena. The human services judge shall resolve such a
petition in a prehearing conference involving all parties and shall make a written decision.
A subpoena may be vacated or modified if the human services judge determines that the
testimony or evidence sought does not relate with reasonable directness to the issues of the
fair hearing appeal; that the subpoena is unreasonable, over broad, or oppressive; that the
evidence sought is repetitious or cumulative; or that the subpoena has not been served
reasonably in advance of the time when the appeal hearing will be held.

Sec. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 14.56; and 256.045, subdivision 1, new text end new text begin are repealed.
new text end

Sec. 24. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2026, or upon notice of the chief administrative law judge
that the Office of Administrative Hearings is prepared to implement this act to the
commissioners of administration, management and budget, and other relevant departments
along with the secretary of the senate, the chief clerk of the house of representatives, the
chairs and ranking minority members of the relevant legislative committees and divisions,
and the revisor of statutes, whichever is later.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-04291

14.56 EMPLOYEES TRANSFERRED.

In consultation and agreement with the chief administrative law judge, the commissioner of administration shall pursuant to authority given in section 16B.37, transfer from state agencies, such employees as the commissioner deems necessary to the state Office of Administrative Hearings. Such action shall include the transfer of any state employee currently employed as an administrative law judge, if the employee qualifies under sections 14.48 to 14.56.

256.045 ADMINISTRATIVE AND JUDICIAL REVIEW OF HUMAN SERVICES MATTERS.

Subdivision 1.

Human services judges; appointment.

The commissioner of human services, in consultation with the Direct Care and Treatment executive board, may appoint one or more state human services judges to conduct hearings and recommend orders in accordance with subdivisions 3, 3a, 3b, 4a, 5, and 5a. Human services judges designated pursuant to this section may administer oaths and shall be under the control and supervision of the commissioner of human services and shall not be a part of the Office of Administrative Hearings established pursuant to sections 14.48 to 14.56. The commissioner shall only appoint as a full-time human services judge an individual who is licensed to practice law in Minnesota and who is:

(1) in active status;

(2) an inactive resident;

(3) retired;

(4) on disabled status; or

(5) on retired senior status.