HF 1036

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; the Office of
Administrative Hearings; providing state copies of
Minnesota Rules to the office; regulating hearings and
cases; providing rulemaking; assessing costs; amending
Minnesota Statutes 2004, sections 14.47, subdivision
8; 14.50; 14.51; 14.53; 14.62, subdivision 2a.

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

Section 1.

Minnesota Statutes 2004, section 14.47,
subdivision 8, is amended to read:

Subd. 8.

Sales and distribution of compilation.

Any
compilation, reissue, or supplement published by the revisor
shall be sold by the revisor for a reasonable fee and its
proceeds deposited in the general fund. An agency shall
purchase from the revisor the number of copies of the
compilation or supplement needed by the agency. The revisor
shall provide without charge copies of each edition of any
compilation, reissue, or supplement to the persons or bodies
listed in this subdivision. Those copies must be marked with
the words "State Copy" and kept for the use of the office. The
revisor shall distribute:

(a) 25 copies to the Office of the Attorney General;

(b) two copies to the leader of each caucus in the house of
representatives and the senate, two copies to the Legislative
Reference Library, and one copy each to the House of
Representatives Research Department and the Office of Senate
Counsel and Research;

(c) three copies to the revisor of statutes for
transmission to the Library of Congress for copyright and
depository purposes;

(d) 150 copies to the State Law Library;

(e) ten copies to the law school of the University of
Minnesota; deleted text begin and
deleted text end

(f) one copy of any compilation or supplement to each
county library maintained pursuant to section 134.12 upon its
request, except in counties containing cities of the first
class. If a county has not established a county library
pursuant to section 134.12, the copy will be provided to any
public library in the county upon its request new text begin ; and
new text end

new text begin (g) three copies to the Office of Administrative Hearings new text end .

Sec. 2.

Minnesota Statutes 2004, section 14.50, is amended
to read:

14.50 HEARINGS BEFORE ADMINISTRATIVE LAW JUDGE.

All hearings of state agencies required to be conducted
under this chapter shall be conducted by an administrative law
judge assigned by the chief administrative law judge or by a
workers' compensation judge assigned by the chief administrative
law judge as provided in section 14.48. All hearings required
to be conducted under chapter 176 shall be conducted by a
compensation judge assigned by the chief administrative law
judge or by an administrative law judge assigned by the chief
administrative law judge as provided in section 14.48. In
assigning administrative law judges or compensation judges to
conduct such hearings, 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.
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 deleted text begin substantive and deleted text end 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.

Sec. 3.

Minnesota Statutes 2004, 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, and workers' compensation hearings, 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. new text begin The chief
administrative law judge may adopt rules to govern the
procedural conduct of other hearings conducted by the Office of
Administrative Hearings. new text end 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 deleted text begin the
deleted text end new text begin any new text end matter being heard new text begin by the Office of Administrative
Hearings new text end . The subpoenas shall be enforceable through the
district court in the district in which the subpoena is issued.

Sec. 4.

Minnesota Statutes 2004, section 14.53, is amended
to read:

14.53 COSTS ASSESSED.

deleted text begin In consultation with the commissioner of administration the
chief administrative law judge shall assess agencies the cost of
services rendered to them in the conduct of hearings. deleted text end new text begin Except as
otherwise specifically provided by statute, the chief
administrative law judge, in consultation with the commissioner
of finance, shall assess agencies the cost of services rendered
to them. new text end All agencies shall include in their budgets provisions
for such assessments.

Sec. 5.

Minnesota Statutes 2004, 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 or rejects it
under subdivision 1 within 90 days after the record of the
proceeding closes under section 14.61. new text begin 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. new text end 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.