HF 1567

as introduced - 87th Legislature (2011 - 2012) Posted on 04/26/2011 09:51am

A bill for an act
relating to human rights; providing for access to certain information by a
respondent; requiring an award of attorney fees and other expenses in certain
cases; amending Minnesota Statutes 2010, sections 363A.28, subdivision 9;
363A.29, subdivision 11; 363A.33, subdivision 7.

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

Section 1.

Minnesota Statutes 2010, section 363A.28, subdivision 9, is amended to
read:

Subd. 9.

Access to documents.

new text begin (a) new text end The commissioner shall provide the respondent
with a copy of the charge. The charging party or the party's representative may review
the answer of the respondent to the charge submitted pursuant to subdivision 1. The
department shall make these documents available to the charging party.

new text begin (b) Regardless of whether a probable cause determination has been made, if the
commissioner is using conciliation under subdivision 8 or the parties are involved in
alternative dispute resolution, the commissioner shall provide the respondent with names
of witnesses, documents, and other information submitted by the charging party related to
the alleged unfair discriminatory practice.
new text end

Sec. 2.

Minnesota Statutes 2010, section 363A.29, subdivision 11, is amended to read:

Subd. 11.

Litigation and hearing costs.

new text begin (a) new text end The administrative law judge shall
order a respondent who is determined to have engaged in an unfair discriminatory practice
to reimburse the department and the attorney general for all appropriate litigation and
hearing costs expended in preparing for and conducting the hearing, unless payment of the
costs would impose a financial hardship on the respondent. Appropriate costs include but
are not limited to the costs of services rendered by the attorney general, private attorneys
if engaged by the department, administrative law judges, court reporters, and expert
witnesses as well as the costs of transcripts and other necessary supplies and materials.

new text begin (b) If the administrative law judge determines that the respondent did not engage
in an unfair discriminatory practice and that the position of the department was not
substantially justified, as defined in section 15.471, subdivision 8, the administrative law
judge shall award fees and other expenses to the respondent as provided under sections
15.471 to 15.474.
new text end

new text begin (c) new text end Money reimbursed to the Department of Human Rights under deleted text begin this subdivision deleted text end
new text begin paragraph (a) new text end must be paid into the state treasury and credited to a special revenue account.
Money in that account is appropriated to the commissioner of human rights to the extent
the reimbursements were made to cover the department's costs new text begin and for purposes of paying
fees and other expenses awarded to a respondent under paragraph (b) new text end and are available for
the department's activities in enforcing the Minnesota Human Rights Act.

Sec. 3.

Minnesota Statutes 2010, section 363A.33, subdivision 7, is amended to read:

Subd. 7.

Attorney's fees and costs.

new text begin (a) new text end In any action or proceeding brought
pursuant to this section the court, in its discretion, may deleted text begin allow deleted text end new text begin award new text end the prevailing party deleted text begin a deleted text end
reasonable deleted text begin attorney's fee deleted text end new text begin attorney fees new text end as part of the costs.

new text begin (b) new text end In any case brought by the department, the court shall order a respondent who
is determined to have engaged in an unfair discriminatory practice to reimburse the
department and the attorney general for all appropriate litigation and court costs expended
in preparing for and conducting the hearing, unless payment of the costs would impose
a financial hardship on the respondent. Appropriate costs include but are not limited to
the costs of services rendered by the attorney general, private attorneys if engaged by
the department, court costs, court reporters, and expert witnesses as well as the costs of
transcripts and other necessary supplies and materials.

new text begin (c) In a case brought by the department, if the court determines that the respondent
did not engage in an unfair discriminatory practice and that the position of the department
was not substantially justified, as defined in section 15.471, subdivision 8, the court shall
award fees and other expenses to the respondent as provided under sections 15.471
to 15.474.
new text end