as introduced - 87th Legislature (2011 - 2012) Posted on 04/11/2011 09:46am
Engrossments | ||
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Introduction | Posted on 04/11/2011 |
A bill for an act
relating to manufactured home park lot rentals; establishing a new administrative
remedy for violations of Minnesota Statutes, sections 327C.01 to 327C.14;
amending Minnesota Statutes 2010, section 327C.01, by adding subdivisions;
proposing coding for new law in Minnesota Statutes, chapter 327C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2010, section 327C.01, is amended by adding a
subdivision to read:
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"Complainant" means any park owner or resident who
files a complaint with the office alleging a violation of sections 327C.01 to 327C.14.
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Minnesota Statutes 2010, section 327C.01, is amended by adding a subdivision
to read:
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As used in section 327C.16, "office" means the Office of
Administrative Hearings.
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Minnesota Statutes 2010, section 327C.01, is amended by adding a subdivision
to read:
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"Respondent" means any park owner or resident who is
alleged to have committed a violation of sections 327C.01 to 327C.14 in a complaint
filed with the office.
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A complaint filed by a complainant alleging a
violation of sections 327C.01 to 327C.14 must be filed with the office within one year
after the occurrence or discovery of the act or failure to act, whichever is later, that is the
subject of the complaint. The complaint must be in writing, submitted under oath, and
detail the factual basis for the claim that a violation of law has occurred. The office may
prescribe the form of a complaint.
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The complaint must be accompanied by
a filing fee of $50. The office may waive the payment of the filing fee, if the individual
seeking a waiver of the fee files with the office an affidavit stating that the individual is
financially unable to pay the fee. The office may refund the filing fee of a complainant
who prevails on the merits.
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Upon receipt of the complaint pursuant to subdivision
1, the chief administrative law judge shall issue a notice of hearing and serve both the
notice and a copy of the complaint on the respondent.
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If the complainant and respondent both agree to mediation of
some or all of the claims in the complaint, the office shall proceed to schedule mediation
in accordance with Minnesota Rules, chapter 1400.
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(a) A complaint under this section shall be heard
as a contested case in accordance with sections 14.57 to 14.62 and Minnesota Rules,
parts 1400.8505 to 1400.8612, and shall be conducted at a place designated by the chief
administrative law judge. A hearing under this section may be conducted by conference
telephone call or by interactive television. All hearings must be open to the public. The
administrative law judge may require the presence of witnesses and evidence by subpoena
on behalf of any party. The parties may be represented by counsel and shall have the right
to call, examine, and cross-examine witnesses. The burden of proving the allegations in
the complaint is on the complainant, and the standard of proof is a preponderance of
the evidence.
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(b) The administrative law judge must determine whether the violation alleged in
the complaint occurred and must either:
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(1) dismiss the complaint;
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(2) issue an order directing the respondent to cease and desist from the violations
found to exist; or
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(3) issue an order resolving the dispute in some other manner.
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(c) An order directing the respondent to cease and desist from the violations
found to exist shall be enforceable through the district court in the district in which the
respondent resides.
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Following the determination of whether the violation
alleged in the complaint occurred, the administrative law judge shall make findings of fact,
conclusions of law, and an order. A copy of the decision and order shall be served upon
each party or the party's representative by first class mail. The order is a final decision and
is subject to appeal in accordance with sections 14.63 to 14.68.
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(a) The parties to any proceeding under this section
must pay the costs of alternative dispute resolution or hearing in the proportions that
they agree to.
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(b) If the parties do not agree to a division of the costs before the commencement
of mediation or hearing, the costs must be allocated on an equitable basis by the chief
administrative law judge.
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(c) The chief administrative law judge may contract with the parties to a matter for
the purpose of providing administrative law judges and reporters for an administrative
proceeding or alternative dispute resolution.
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(d) The chief administrative law judge shall assess the cost of services rendered by
the office as provided by section 14.53. Notwithstanding section 14.53 or other law, the
office is not liable for the costs.
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(a) The administrative remedy in this section
is not exclusive and does not limit the right of park owners or residents to take legal
action against another party as provided in chapter 327C or otherwise. Exhaustion of the
administrative remedy provided in this chapter is not required before a park owner or
resident may bring a legal action.
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(b) This section does not apply to eviction actions initiated under section 327C.09;
provided, however, a park owner is not precluded from seeking relief under this section
prior to the filing and service of an eviction action if the eviction action is based on
a violation of section 327C.09.
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(c) Nothing in this section shall limit a plaintiff or defendant in a legal action from
presenting evidence used in a hearing conducted, or presenting as evidence an order
issued, under this section.
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