as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 01/29/1998 |
1.1 A bill for an act 1.2 relating to family law; modifying provisions dealing 1.3 with the procedure for proceeding directly to hearing 1.4 in the administrative process; modifying terminology 1.5 to comport with the rules of court; amending Minnesota 1.6 Statutes 1996, section 518.5512, subdivision 4; 1.7 Minnesota Statutes 1997 Supplement, sections 518.5511, 1.8 subdivisions 1, 3, 3a, and 4; and 518.5512, 1.9 subdivisions 2 and 3; repealing Minnesota Statutes 1.10 1997 Supplement, section 518.5512, subdivision 3a. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 1997 Supplement, section 1.13 518.5511, subdivision 1, is amended to read: 1.14 Subdivision 1. [GENERAL.] (a) An administrative process is 1.15 established to obtain, modify, and enforce child and medical 1.16 support orders and parentage orders and enforce maintenance if 1.17 combined with a child support proceeding. All laws governing 1.18 these actions apply insofar as they are not inconsistent with 1.19 the provisions of this section and section 518.5512. Wherever 1.20 other laws or rules are inconsistent with this section and 1.21 section 518.5512, the provisions in this section and section 1.22 518.5512 shall apply. 1.23 (b) All proceedings for obtaining, modifying, or enforcing 1.24 child and medical support orders and enforcing maintenance 1.25 orders if combined with a child support proceeding, are required 1.26 to be conducted in the administrative process when the public 1.27 authority is a party or provides services to a party or parties 1.28 to the proceedings. Cases in which there is no assignment of 2.1 support or in which the public authority is not providing 2.2 services may not be conducted in the administrative process. At 2.3 county option, the administrative process may include contempt 2.4 motions or actions to establish parentage. Nothing contained 2.5 herein shall prevent a party, upon timely notice to the public 2.6 authority, from commencing an action or bringing a motion for 2.7 the establishment, modification, or enforcement of child support 2.8 or enforcement of maintenance orders if combined with a child 2.9 support proceeding in district court, if additional issues 2.10 involving domestic abuse, establishment or modification of 2.11 custody or visitation, property issues, or other issues outside 2.12 the jurisdiction of the administrative process, are part of the 2.13 motion or action, or from proceeding with a motion or action 2.14 brought by another party containing one or more of these issues 2.15 if it is pending in district court. 2.16 (c) A party maymake a written request to the public2.17authority toinitiate an uncontested administrative proceeding 2.18 by serving a written request on the public authority and on the 2.19 other party. Service may be by mail or personal service. If 2.20 the public authority denies the request, the public authority 2.21 shall issue a notice of denial which denies the request for 2.22 relief within 30 days of receiving the written request, states 2.23 the reasons for the denial, and notifies the party of the right 2.24 to proceed directly to acontested administrative proceeding2.25 hearing according to subdivision 3a, paragraph (a). If the 2.26 party proceeds directly to acontestedhearing and filesthe2.27requisite documents, as provided by the commissioner,pleadings 2.28 with the court administrator within 30 days after the public 2.29 authority's denial and the party's action results in a 2.30 modification of a child support order, the modification may be 2.31 retroactive to the date the written request wasreceived by2.32 served on the public authority and the other party. If the 2.33 public authority accepts the request and proceeds with the 2.34 uncontested administrative process, any order or modification 2.35 may be retroactive to the date the written request wasreceived2.36byserved on the public authority and the other party. 3.1 (d) The public authority may initiate actions in the 3.2 administrative process. 3.3 (e) For the purpose of the administrative process, all 3.4 powers, duties, and responsibilities conferred on judges of 3.5 district court to obtain and enforce child and medical support 3.6 and parentage and maintenance obligations, subject to the 3.7 limitations of this section are conferred on administrative law 3.8 judges, including the power to determine controlling interstate 3.9 orders, and to issue subpoenas, orders to show cause, and bench 3.10 warrants for failure to appear. 3.11 The administrative law judge has the authority to enter 3.12 parentage orders in which the custody and visitation provisions 3.13 are uncontested. 3.14 (f) Nonattorney employees of the public authority 3.15 responsible for child support may prepare, sign, serve, and file 3.16 complaints, motions, notices, summary notices, proposed orders, 3.17 default orders, consent orders, orders for blood or genetic 3.18 tests, and other documents related to the administrative process 3.19 for obtaining, modifying, or enforcing child and medical support 3.20 orders, orders establishing paternity, and related documents, 3.21 and orders to enforce maintenance if combined with a child 3.22 support order. The nonattorney employee may issue 3.23 administrative subpoenas, conduct prehearing conferences, and 3.24 participate in proceedings before an administrative law judge. 3.25 This activity shall not be considered to be the unauthorized 3.26 practice of law. Nonattorney employees may not represent the 3.27 interests of any party other than the public authority, and may 3.28 not give legal advice. The nonattorney employees may act 3.29 subject to the limitations of section 518.5512. 3.30 (g) Any party may make a written request to the office of 3.31 administrative hearings for a subpoena compelling the attendance 3.32 of a witness or the production of books, papers, records, or 3.33 other documents relevant to the administrative process. 3.34 Subpoenas are enforceable through the district court. The 3.35 public authority may also request a subpoena from the office of 3.36 administrative hearings for the production of a witness or 4.1 documents. The nonattorney employee of the public authority may 4.2 issue subpoenas subject to the limitations in section 518.5512, 4.3 subdivision 6, paragraph (a), clause (2). 4.4 (h) At all stages of the administrative process, the county 4.5 attorney, or other attorney under contract, shall act as the 4.6 legal adviser for the public authority. 4.7 (i) The commissioner of human services shall: 4.8 (1) provide training to child support officers and other 4.9 persons involved in the administrative process; 4.10 (2) timely preparesimple and easy to understandand make 4.11 available to the public authority forms, in consultation4.12withwhich conform with the requirements of the Minnesota Rules 4.13 of Civil Procedure and the Rules of Family Court Procedure, 4.14 approved by the office of administrative hearings, for all 4.15 notices and orders prescribed inthis section, including a4.16support order worksheet form, with the exception of orders4.17issued by the district court or the office of administrative4.18hearings under subdivision 4subdivisions 2 and 3 for the 4.19 uncontested administrative process; and 4.20 (3) distribute money to cover the costs of the 4.21 administrative process, including the salaries of administrative 4.22 law judges. If available appropriations are insufficient to 4.23 cover the costs, the commissioner shall prorate the amount among 4.24 the counties. 4.25 (j) The commissioner of human services, in consultation 4.26 with the office of administrative hearings, is responsible for 4.27 the supervision of the administrative process. 4.28 (k)The public authority, the office of administrative4.29hearings, court administrators, and other entities involved in4.30the administrative process shall use the forms prepared by the4.31commissioner.4.32(l) The office of administrative hearings may reject orders4.33that have not been prepared using the commissioner's forms or on4.34forms that have not been approved by the commissioner.4.35(m)The office of administrative hearingsis responsible4.36for training and monitoringshall: 5.1 (1) train and monitor the performance of administrative law 5.2 judges,maintainingmaintain records of proceedings,providing5.3 provide transcripts upon request, andmaintainingmaintain the 5.4 integrity of the district court file.; and 5.5 (2) prepare and make available to court administrators and 5.6 the public authority forms that may be used by parties who 5.7 proceed directly to hearing under subdivision 3a for motions and 5.8 supporting affidavits to: (i) modify support under section 5.9 518.64; (ii) terminate the charging of interest under section 5.10 548.091; (iii) stay a cost-of-living adjustment under section 5.11 518.641; (iv) request a hearing on the issue of whether income 5.12 withholding of support should continue under section 518.6111, 5.13 subdivision 13, clause (4); and (v) modify an existing child 5.14 support order to establish or modify medical support under 5.15 section 518.171 or establish or modify the allocation of child 5.16 care expenses under section 518.551, subdivision 5, paragraph 5.17 (b). 5.18 Sec. 2. Minnesota Statutes 1997 Supplement, section 5.19 518.5511, subdivision 3, is amended to read: 5.20 Subd. 3. [ADMINISTRATIVE CONFERENCE.] (a) If a party 5.21 contacts the public authority within 30 days of the date of 5.22 service of the proposed order, and the public authority does not 5.23 choose to proceed directly to acontested administrative5.24proceedinghearing, the public authority shall schedule a 5.25 conference, and shallsendserve on the parties written notice 5.26 of the date, time, and place of the conferenceand the date,5.27time, and place of a contested administrative proceeding. At 5.28 its option, the public authority may at the same time schedule a 5.29 hearing in the event the administrative conference fails to 5.30 resolve all of the issues on the parties. The public authority 5.31 may request any additional information necessary to establish 5.32 child support. The public authority may choose to go directly 5.33 to acontested administrative proceedinghearing and is not 5.34 required to conduct an administrative conference. The date of 5.35 thecontested administrative proceedinghearing must be set 5.36 within 31 days of the administrative conference or not more than 6.1 60 days from the date of the notice of the administrative 6.2 conference. A request for a continuance must be made to the 6.3 chief administrative law judge according to Minnesota Rules, 6.4 part 1400.7500. 6.5 (b) The purpose of the conference is to review all 6.6 available information and seek an agreement to a consent order. 6.7 The notice shall state the purpose of the conference, and that 6.8 the proposed order will be entered as a final and binding 6.9 default order if both parties fail to appear at the conference. 6.10 The notice must also state that if only one party appears at the 6.11 conference and there is no new information provided, the matter 6.12 shall proceed by default. The notice shall be served on the 6.13 parties by first class mail at their last known addresses, and 6.14 the method of service shall be documented in the public 6.15 authority file. All available and relevant information must be 6.16 shared with the parties at the conference subject to the 6.17 limitations of sections 256.87, subdivision 8, 257.70, and 6.18 518.005, subdivision 5. If a conference is not held, 6.19 information which would have been shared at the conference by 6.20 the public authority must be provided to a party or the party's 6.21 attorney within 15 days of receipt of a written request. 6.22 (c) A party alleging domestic abuse by the other party 6.23 shall not be required to participate in a conference. In such a 6.24 case, the public authority shall meet separately with the 6.25 parties in order to determine whether an agreement can be 6.26 reached. 6.27 (d) If all parties appear at the conference and agree to 6.28 all issues, and the public authority approves the agreement, the 6.29 public authority shall prepare a consent order for the parties 6.30 and the public authority to sign. The public authority shall 6.31 submit the consent order to the administrative law judge. Upon 6.32 signature, the order is a final order and must be served on the 6.33 parties by first class mail. 6.34 (e) If only one party appears at the conference and there 6.35 is no new information available, or if both of the parties fail 6.36 to appear at the conference, the public authority may submit a 7.1 default order through the uncontested administrative process. 7.2 If only one party appears at the conference and there is new 7.3 information available, the matter shall proceed directly tothe7.4scheduled contested administrative proceedinga hearing. 7.5 (f) If the parties appear at the conference and do not 7.6 reach agreement to the entry of a consent order, the public 7.7 authority shall advise the partiesthat the matter remains7.8scheduledof the date, time, and place for acontested7.9administrative proceedinghearing, and that the public authority 7.10 will seek the establishment of child support at the proceeding 7.11 in accordance with the child support guidelines. 7.12 (g) If one or both of the parties appear at the 7.13 administrative conference and there is new information that 7.14 makes the proposed order unreasonable or inappropriate, the 7.15 public authority may issue a revised proposed order pursuant to 7.16 subdivision 2, paragraph (c), or proceed directly to acontested7.17administrative proceedinghearing. 7.18 Sec. 3. Minnesota Statutes 1997 Supplement, section 7.19 518.5511, subdivision 3a, is amended to read: 7.20 Subd. 3a. [ALTERNATIVE ADMINISTRATIVE RESOLUTIONS.](a)(1)7.21 In any case within the jurisdiction of the administrative 7.22 process, the public authority or any party may proceed directly 7.23 to acontested administrative proceedinghearing under 7.24 subdivision 4 bymaking a written request to the public7.25authority. After the public authority receives a written7.26request, the public authority shall request or schedule a7.27contested administrative proceeding and inform the requester of7.28the date, time, and place of the hearing. The public authority7.29shall also provide the requester with the contested7.30administrative documents necessary for the proceeding. These7.31documents must be completed by the requester, served on the7.32other party and the public authority, and filed with the court7.33administrator at least 21 days before the hearing. If the7.34documents are not filed with the court administrator, the7.35contested administrative proceeding must be canceled unless the7.36public authority or a party objects.serving pleadings on the 8.1 other party or parties and the public authority and filing the 8.2 pleadings with the court administrator. The form and content of 8.3 the pleadings and the manner of service and filing must conform 8.4 with the requirements of the rules of court. The office of 8.5 administrative hearings shall provide to court administrators 8.6 and the public authority forms that may be used by parties who 8.7 elect to proceed directly to hearing under this subdivision, as 8.8 set out in subdivision 1, paragraph (k), clause (2). Nothing in 8.9 this subdivision requires a party or an attorney filing 8.10 pleadings on behalf of a party to use forms that have been 8.11 prepared by the office of administrative hearings. 8.12(2) The public authority may also proceed directly to a8.13contested administrative proceeding.8.14(b) At any time in the administrative process, including8.15prior to the issuance of the proposed order, if the parties and8.16the public authority are in agreement, the public authority8.17shall prepare a consent order to be signed by the public8.18authority and the parties. The parties must waive any of their8.19rights to the notices and time frames required by this section.8.20The public authority shall submit the order to the8.21administrative law judge. Upon signature by the court, the8.22order is a final order and must be filed with the court8.23administrator and served by first class mail on the parties.8.24 Sec. 4. Minnesota Statutes 1997 Supplement, section 8.25 518.5511, subdivision 4, is amended to read: 8.26 Subd. 4. [CONTESTED ADMINISTRATIVEPROCEEDINGPROCESS.] (a) 8.27 All counties shall participate in the contested administrative 8.28 process established in this section as designated in a statewide 8.29 implementation plan to be set forth by the commissioner of human 8.30 services. No county shall be required to participate in the 8.31 contested administrative process until after the county has been 8.32 trained. The contested administrative process shall be in 8.33 operation in all counties no later than July 1, 1998. 8.34 In counties designated by the commissioner,contested8.35administrative proceedingshearings required under this section 8.36 shall be scheduled before administrative law judges, and shall9.1be conducted in accordance with the provisions under this9.2section. In counties not designated by the 9.3 commissioner,contested administrative proceedingshearings 9.4 shall be conducted in district courtin accordance with the9.5rules of civil procedure and the rules of family court. 9.6 (b) An administrative law judge mayconduct administrative9.7proceedings andapprove a stipulation reached on a contempt 9.8 motion brought by the public authority. Any stipulation that 9.9 involves a finding of contempt and a jail sentence, whether 9.10 stayed or imposed, shall require the review and signature of a 9.11 district court judge. 9.12 (c) A party, witness, or attorney may appear or testify by 9.13 telephone, audiovisual means, or other electronic means, at the 9.14 discretion of the administrative law judge. 9.15 (d) Before implementing the process in a county, the chief 9.16 administrative law judge, the commissioner of human services, 9.17 the director of the county human services agency, the county 9.18 attorney, the county court administrator, and the county sheriff 9.19 shall jointly establish procedures, and the county shall provide 9.20 hearing facilities for implementing this process in the county. 9.21A contested administrative proceedingThe hearing shall be 9.22 conducted in a courtroom, if one is available, or a conference 9.23 or meeting room with at least two exits and of sufficient size 9.24 to permit adequate physical separation of the parties. The 9.25 court administrator shall, to the extent practical, provide 9.26 administrative support for thecontested administrative9.27proceedinghearing. Security personnel shall either be present 9.28 during theadministrative proceedingshearing, or be available 9.29 to respond to a request for emergency assistance. 9.30 (e)The contested administrativeHearings shall be 9.31 conducted under the rules of the office of administrative 9.32 hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 9.33 to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 9.34 1400.7700, 1400.7800, and 1400.8100, as adopted by the chief 9.35 administrative law judge. For matters not initiated under 9.36 subdivision 2, documents from the moving party shall be served 10.1 and filed at least 14 days prior to the hearing and the opposing 10.2 party shall serve and file documents raising new issues at least 10.3 ten days prior to the hearing.In all contested administrative10.4proceedings,The administrative law judge may limit the extent 10.5 and timing of discovery. Except as provided under this section, 10.6 other aspects of the case, including, but not limited to, 10.7 discovery, shall be conducted under the rules of family court, 10.8 the rules of civil procedure, and chapter 518. 10.9 (f) Following acontested administrativehearing, the 10.10 administrative law judge shall make findings of fact, 10.11 conclusions, and a final decision and issue an order. Orders 10.12 issued by an administrative law judge may be enforceable by the 10.13 contempt powers of the district courts. 10.14 (g) At the time the matter is scheduled fora contested10.15administrative proceedinghearing, the public authority shall 10.16 file in the district court copies of all relevant documents sent 10.17 to or received from the parties that have been provided to all 10.18 parties, in addition to any documents filed under subdivision 2, 10.19 paragraph (d). These documents may be used as evidence by the 10.20 judge in deciding the case without need for further foundation 10.21 testimony. For matters scheduled for acontested administrative10.22proceedinghearing which were not initiated under subdivision 2, 10.23 the public authority shall obtain any income information 10.24 available to the public authority through the department of 10.25 economic security and serve this information on all parties and 10.26 file the information with the court at least five days prior to 10.27 the hearing. 10.28 (h) If only one party appears at thecontested10.29administrative proceedinghearing, a hearing must be conducted. 10.30 The administrative law judge shall prepare an order and file it 10.31 with the district court. The court shall serve the order on the 10.32 parties by first class mail at the last known address and shall 10.33 provide a copy of the order to the public authority. 10.34 (i) If neither party appears at thecontested10.35administrative proceedinghearing and no new information has 10.36 been submitted or made available to the court or public 11.1 authority, the public authority shall submit the default order 11.2 to the administrative law judge for signature. If neither party 11.3 appears and new information is available to the court or public 11.4 authority, the administrative law judge shall prepare an order 11.5 based on the new information. The court shall serve the order 11.6 on the parties by first class mail at the last known address and 11.7 shall provide a copy of the order to the public authority. 11.8 (j) The decision and order of the administrative law judge 11.9 is appealable to the court of appeals in the same manner as a 11.10 decision of the district court. 11.11 Sec. 5. Minnesota Statutes 1997 Supplement, section 11.12 518.5512, subdivision 2, is amended to read: 11.13 Subd. 2. [PATERNITY.] (a) After service of the notice and 11.14 proposed order, a nonattorney employee of the public authority 11.15 may order the child, mother, or alleged father to submit to 11.16 blood or genetic tests. In a case with multiple alleged 11.17 fathers, a nonattorney employee of the public authority may 11.18 order the child, mother, and alleged fathers to submit to blood 11.19 or genetic tests after service of the notice of the parentage 11.20 proceeding. The order for genetic tests must be served by 11.21 personal service. The order of the public authority shall be 11.22 effective unless, within 20 days of the date of the order, the 11.23 child, mother, or an alleged father requests acontested11.24administrative proceedinghearing under section 518.5511, 11.25 subdivision 3a. If acontested administrative proceeding11.26 hearing is requested and held, any order issued by an 11.27 administrative law judge supersedes the order issued by the 11.28 public authority. In all other cases, the order of the public 11.29 authority is controlling. Failure to comply with the order for 11.30 blood or genetic tests may result in a default determination of 11.31 parentage. 11.32 (b) If parentage is contested at the administrative 11.33 hearing, the administrative law judge may order temporary child 11.34 support under section 257.62, subdivision 5, and shall refer the 11.35 case to the district court. 11.36 (c) The district court may appoint counsel for an indigent 12.1 alleged father only after the return of the blood or genetic 12.2 test results from the testing laboratory. 12.3 Sec. 6. Minnesota Statutes 1997 Supplement, section 12.4 518.5512, subdivision 3, is amended to read: 12.5 Subd. 3. [COST-OF-LIVING ADJUSTMENT.] The public authority 12.6 shall send notice of its application for a cost-of-living 12.7 adjustment on the obligor in accord with section 518.641. The 12.8 public authority shall, pending further order of the court, 12.9 temporarily stay the adjustment of support upon receipt by the 12.10 public authority of arequestmotion by the obligor to proceed 12.11 directly to acontested administrative proceedinghearing under 12.12 section 518.5511, subdivision 4. 12.13 Sec. 7. Minnesota Statutes 1996, section 518.5512, 12.14 subdivision 4, is amended to read: 12.15 Subd. 4. [TERMINATION OF INTEREST CHARGING.] The public 12.16 authority or a party bringing a motion under section 548.091, 12.17 subdivision 1a, may proceed immediately to acontested12.18administrative proceedinghearing under section 518.5511, 12.19 subdivision 4. 12.20 Sec. 8. [REPEALER.] 12.21 Minnesota Statutes 1997 Supplement, section 518.5512, 12.22 subdivision 3a, is repealed.