HF 1988

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; providing for alternative dispute 
  1.3             resolution in proceedings involving health-related 
  1.4             licensing boards; specifying procedures for contested 
  1.5             case hearings in proceedings involving health-related 
  1.6             licensing boards; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 214. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [214.105] [HEALTH-RELATED LICENSING BOARDS; 
  1.10  APPLICATION; DEFINITIONS.] 
  1.11     Subdivision 1.  [APPLICATION.] Sections 214.105 to 214.107 
  1.12  apply to proceedings between a health-related licensing board 
  1.13  and one or more persons regulated by that board. 
  1.14     Subd. 2.  [DEFINITIONS.] (a) For purposes of sections 
  1.15  214.105 to 214.107, the definitions in this subdivision apply. 
  1.16     (b) "Board" means a health-related licensing board. 
  1.17     (c) "Board representative" means the director or the 
  1.18  designated board member or members responsible for resolving a 
  1.19  complaint against a regulated person. 
  1.20     (d) "Contested case" means a proceeding initiated by a 
  1.21  board representative under chapter 14. 
  1.22     (e) "Party" means a board representative or a regulated 
  1.23  person. 
  1.24     Sec. 2.  [214.106] [HEALTH-RELATED LICENSING BOARDS; 
  1.25  ALTERNATIVE DISPUTE RESOLUTION.] 
  1.26     Subdivision 1.  [DISCOVERABLE DOCUMENTS IN MEDIATION.] If 
  2.1   the parties agree to participate in mediation by an 
  2.2   administrative law judge, whether before or after a contested 
  2.3   case hearing is initiated, the board representative may, at the 
  2.4   representative's discretion, provide the regulated person and 
  2.5   the administrative law judge with documents that would be 
  2.6   available to the regulated person through discovery in a 
  2.7   contested case, notwithstanding the classification of data as 
  2.8   private or confidential pursuant to section 13.41.  The 
  2.9   regulated person and the person's agents and representatives 
  2.10  shall not publicly disclose any private or confidential data in 
  2.11  the documents.  The administrative law judge may issue 
  2.12  appropriate protective orders.  This subdivision does not limit 
  2.13  a party's right to obtain documents under other statutes or 
  2.14  rules, or a party's right to participate in other forms of 
  2.15  alternative dispute resolution besides mediation by an 
  2.16  administrative law judge. 
  2.17     Subd. 2.  [DURING CONTESTED CASE.] Within 30 days after a 
  2.18  contested case is initiated, the parties shall set a time and 
  2.19  place to participate in a form of alternative dispute 
  2.20  resolution, except that the parties shall not be required to 
  2.21  participate in alternative dispute resolution if: 
  2.22     (1) the parties have already participated in alternative 
  2.23  dispute resolution; 
  2.24     (2) based on a party's failure to file a notice of 
  2.25  appearance or otherwise state an intent to appear in the 
  2.26  proceeding, it appears that the party will default; 
  2.27     (3) a party states in writing that the party will file a 
  2.28  motion for summary disposition within 60 days after initiation 
  2.29  of the contested case; 
  2.30     (4) the license of the regulated person has been 
  2.31  temporarily suspended; or 
  2.32     (5) the administrative law judge finds that other good 
  2.33  cause exists not to engage in alternative dispute resolution. 
  2.34     Sec. 3.  [214.107] [HEALTH-RELATED LICENSING BOARDS; 
  2.35  CONTESTED CASE PROCEDURES.] 
  2.36     Subdivision 1.  [SPEEDY HEARING.] If a party to a contested 
  3.1   case requests a speedy hearing, the hearing must be completed 
  3.2   within 90 days after the request is made or 120 days after the 
  3.3   notice of hearing is filed, whichever is later.  However, an 
  3.4   administrative law judge may grant one extension if the judge 
  3.5   makes specific findings to support the conclusions that: 
  3.6      (1) the extension is necessary to give a party a fair 
  3.7   opportunity to prepare the party's case; and 
  3.8      (2) the extension is not likely to result in harm to the 
  3.9   public. 
  3.10     Subd. 2.  [MITIGATING EVIDENCE; FORM.] If an administrative 
  3.11  law judge determines that evidence of good character or 
  3.12  rehabilitation is admissible, the judge may receive the evidence 
  3.13  in the form of in-person testimony, affidavit, or deposition. 
  3.14     Subd. 3.  [PROCEDURES BEFORE THE BOARD.] (a) A party may 
  3.15  not contest a finding of an administrative law judge unless a 
  3.16  transcript of the portions of the hearing relevant to the 
  3.17  findings is in the record before the board.  The board is not 
  3.18  required to review the taped record of the hearing.  A party may 
  3.19  submit arguments to the board regarding issues of law and the 
  3.20  appropriateness of discipline without otherwise contesting the 
  3.21  administrative law judge's findings. 
  3.22     (b) Within 14 days after the office of administrative 
  3.23  hearings serves copies of the administrative law judge's report 
  3.24  upon the parties, each party shall serve on the opposing party 
  3.25  and file with the board either exceptions to the report, 
  3.26  pursuant to section 14.61, or a statement that the party does 
  3.27  not contest the report.  A party filing exceptions to the report 
  3.28  shall specify any contested findings.  If a transcript of the 
  3.29  hearing is not already included in the record, a party who 
  3.30  contests findings shall file with the exceptions either: 
  3.31     (1) a certificate signed by a court reporter stating that 
  3.32  the transcript will be completed within 30 days and that 
  3.33  satisfactory financial arrangements have been made for payment 
  3.34  of transcription costs; or 
  3.35     (2) an affidavit signed by the regulated person showing 
  3.36  that the person is financially unable to pay for transcription 
  4.1   according to the standard in section 563.01, subdivision 3.  If 
  4.2   the presiding officer of the board finds that this standard has 
  4.3   been met, the board shall order and pay for the transcript. 
  4.4      If a contesting party has not ordered a complete 
  4.5   transcript, the opposing party, within ten days after the filing 
  4.6   of exceptions, may serve notice of ordering other portions of 
  4.7   the record or may serve and file a motion with the 
  4.8   administrative law judge requiring the contesting party to order 
  4.9   an adequate transcript. 
  4.10     (c) A party contesting the judge's findings shall file with 
  4.11  the board a memorandum citing the portions of the transcript 
  4.12  that support the party's position.  The memorandum must be filed 
  4.13  with the party's exceptions or, if a transcript has been 
  4.14  ordered, within 14 days after delivery of the transcript.  The 
  4.15  opposing party may file a response within ten days after service 
  4.16  of the memorandum.  The board is not required to review portions 
  4.17  of the record not cited by either party. 
  4.18     (d) The presiding officer of the board may alter the time 
  4.19  schedule established in this subdivision.