SF 2040

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  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 1997 Supplement, sections 518.5511, 
  1.7             subdivisions 1, 3, 3a, and 4; and 518.5512, 
  1.8             subdivisions 2, 3, and 4; repealing Minnesota Statutes 
  1.9             1997 Supplement, section 518.5512, subdivision 3a. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.12  518.5511, subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [GENERAL.] (a) An administrative process is 
  1.14  established to obtain, modify, and enforce child and medical 
  1.15  support orders and parentage orders and enforce maintenance if 
  1.16  combined with a child support proceeding.  All laws governing 
  1.17  these actions apply insofar as they are not inconsistent with 
  1.18  the provisions of this section and section 518.5512.  Wherever 
  1.19  other laws or rules are inconsistent with this section and 
  1.20  section 518.5512, the provisions in this section and section 
  1.21  518.5512 shall apply. 
  1.22     (b) All proceedings for obtaining, modifying, or enforcing 
  1.23  child and medical support orders and enforcing maintenance 
  1.24  orders if combined with a child support proceeding, are required 
  1.25  to be conducted in the administrative process when the public 
  1.26  authority is a party or provides services to a party or parties 
  1.27  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 may make a written request to the public 
  2.17  authority to initiate an uncontested administrative proceeding.  
  2.18  The initiating party may serve a copy of the written request on 
  2.19  the noninitiating party in accordance with the rules of civil 
  2.20  procedure.  If the public authority denies the request, the 
  2.21  public authority shall issue a notice of denial which denies the 
  2.22  request for relief within 30 days of receiving the written 
  2.23  request, states the reasons for the denial, and notifies the 
  2.24  party of the right to proceed directly to a contested 
  2.25  administrative proceeding hearing before an administrative law 
  2.26  judge according to subdivision 3a, paragraph (a).  If the party 
  2.27  proceeds directly to a contested hearing and files the requisite 
  2.28  documents, as provided by the commissioner, with the court 
  2.29  administrator within 30 days after the public authority's denial 
  2.30  and the party's action results in a modification of a child 
  2.31  support order, the modification may be retroactive to the date 
  2.32  the written request was received by served on the public 
  2.33  authority noninitiating party.  If the initiating party did not 
  2.34  serve the written request on the noninitiating party, 
  2.35  modification may be made retroactive as provided in section 
  2.36  518.64, subdivision 2, paragraph (d).  If the public authority 
  3.1   accepts the request and proceeds with the uncontested 
  3.2   administrative process, any order or modification may be 
  3.3   retroactive to the date the written request was received 
  3.4   by served on the public authority noninitiating party.  If the 
  3.5   initiating party did not serve the written request on the 
  3.6   noninitiating party, an order or modification may be made 
  3.7   retroactive to the date the public authority serves the proposed 
  3.8   order on the noninitiating party as provided in subdivision 2, 
  3.9   paragraph (a). 
  3.10     (d) The public authority may initiate actions in the 
  3.11  administrative process.  
  3.12     (e) For the purpose of the administrative process, all 
  3.13  powers, duties, and responsibilities conferred on judges of 
  3.14  district court to obtain and enforce child and medical support 
  3.15  and parentage and maintenance obligations, subject to the 
  3.16  limitations of this section are conferred on administrative law 
  3.17  judges, including the power to determine controlling interstate 
  3.18  orders, and to issue subpoenas, orders to show cause, and bench 
  3.19  warrants for failure to appear. 
  3.20     The administrative law judge has the authority to enter 
  3.21  parentage orders in which the custody and visitation provisions 
  3.22  are uncontested. 
  3.23     (f) Nonattorney employees of the public authority 
  3.24  responsible for child support may prepare, sign, serve, and file 
  3.25  complaints, motions, notices, summary notices, proposed orders, 
  3.26  default orders, consent orders, orders for blood or genetic 
  3.27  tests, and other documents related to the administrative process 
  3.28  for obtaining, modifying, or enforcing child and medical support 
  3.29  orders, orders establishing paternity, and related documents, 
  3.30  and orders to enforce maintenance if combined with a child 
  3.31  support order.  The nonattorney employee may issue 
  3.32  administrative subpoenas, conduct prehearing conferences, and 
  3.33  participate in proceedings before an administrative law judge.  
  3.34  This activity shall not be considered to be the unauthorized 
  3.35  practice of law.  Nonattorney employees may not represent the 
  3.36  interests of any party other than the public authority, and may 
  4.1   not give legal advice.  The nonattorney employees may act 
  4.2   subject to the limitations of section 518.5512. 
  4.3      (g) Any party may make a written request to the office of 
  4.4   administrative hearings for a subpoena compelling the attendance 
  4.5   of a witness or the production of books, papers, records, or 
  4.6   other documents relevant to the administrative process.  
  4.7   Subpoenas are enforceable through the district court.  The 
  4.8   public authority may also request a subpoena from the office of 
  4.9   administrative hearings for the production of a witness or 
  4.10  documents.  The nonattorney employee of the public authority may 
  4.11  issue subpoenas subject to the limitations in section 518.5512, 
  4.12  subdivision 6, paragraph (a), clause (2).  
  4.13     (h) At all stages of the administrative process, the county 
  4.14  attorney, or other attorney under contract, shall act as the 
  4.15  legal adviser for the public authority. 
  4.16     (i) The commissioner of human services shall:  
  4.17     (1) provide training to child support officers and other 
  4.18  persons involved in the administrative process; 
  4.19     (2) timely prepare simple and easy to understand and make 
  4.20  available to the public authority forms, in consultation with 
  4.21  the office of administrative hearings, for all notices and 
  4.22  orders prescribed in this section, including a support order 
  4.23  worksheet form, with the exception of orders issued by the 
  4.24  district court or the office of administrative hearings under 
  4.25  subdivision 4 subdivisions 2 and 3; and 
  4.26     (3) distribute money to cover the costs of the 
  4.27  administrative process, including the salaries of administrative 
  4.28  law judges.  If available appropriations are insufficient to 
  4.29  cover the costs, the commissioner shall prorate the amount among 
  4.30  the counties. 
  4.31     (j) The commissioner of human services, in consultation 
  4.32  with the office of administrative hearings, is responsible for 
  4.33  the supervision of the administrative process.  
  4.34     (k) The public authority, the office of administrative 
  4.35  hearings, court administrators, and other entities involved in 
  4.36  the administrative process shall use the forms prepared by the 
  5.1   commissioner for use in the uncontested administrative process. 
  5.2      (l) The office of administrative hearings may reject orders 
  5.3   that have not been submitted by the public authority under 
  5.4   subdivisions 2 and 3 if they are not prepared using the 
  5.5   commissioner's forms or on forms that have not been developed or 
  5.6   approved by the commissioner. 
  5.7      (m) The office of administrative hearings is responsible 
  5.8   for training and monitoring shall: 
  5.9      (1) train and monitor the performance of administrative law 
  5.10  judges, maintaining maintain records of proceedings, providing 
  5.11  provide transcripts upon request, and maintaining maintain the 
  5.12  integrity of the district court file.; and 
  5.13     (2) prepare and make available to court administrators and 
  5.14  the public authority forms that conform with requirements of the 
  5.15  rules of court that may be used by parties who proceed directly 
  5.16  to hearing under subdivision 3a. 
  5.17     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  5.18  518.5511, subdivision 3, is amended to read: 
  5.19     Subd. 3.  [ADMINISTRATIVE CONFERENCE.] (a) If a party 
  5.20  contacts the public authority within 30 days of the date of 
  5.21  service of the proposed order, and the public authority does not 
  5.22  choose to proceed directly to a contested administrative 
  5.23  proceeding hearing, the public authority shall schedule a 
  5.24  conference, and shall send serve on the parties written notice 
  5.25  of the date, time, and place of the conference and the date, 
  5.26  time, and place of a contested administrative proceeding.  At 
  5.27  its option, the public authority may at the same time schedule a 
  5.28  hearing in the event the administrative conference fails to 
  5.29  resolve all of the issues on the parties.  The public authority 
  5.30  may request any additional information necessary to establish 
  5.31  child support.  The public authority may choose to go directly 
  5.32  to a contested administrative proceeding hearing and is not 
  5.33  required to conduct an administrative conference.  The date of 
  5.34  the contested administrative proceeding hearing must be set 
  5.35  within 31 days of the administrative conference or not more than 
  5.36  60 days from the date of the notice of the administrative 
  6.1   conference.  A request for a continuance must be made to the 
  6.2   chief administrative law judge according to Minnesota Rules, 
  6.3   part 1400.7500. 
  6.4      (b) The purpose of the conference is to review all 
  6.5   available information and seek an agreement to a consent order.  
  6.6   The notice shall state the purpose of the conference, and that 
  6.7   the proposed order will be entered as a final and binding 
  6.8   default order if both parties fail to appear at the conference.  
  6.9   The notice must also state that if only one party appears at the 
  6.10  conference and there is no new information provided, the matter 
  6.11  shall proceed by default.  The notice shall be served on the 
  6.12  parties by first class mail at their last known addresses, and 
  6.13  the method of service shall be documented in the public 
  6.14  authority file.  All available and relevant information must be 
  6.15  shared with the parties at the conference subject to the 
  6.16  limitations of sections 256.87, subdivision 8, 257.70, and 
  6.17  518.005, subdivision 5.  If a conference is not held, 
  6.18  information which would have been shared at the conference by 
  6.19  the public authority must be provided to a party or the party's 
  6.20  attorney within 15 days of receipt of a written request. 
  6.21     (c) A party alleging domestic abuse by the other party 
  6.22  shall not be required to participate in a conference.  In such a 
  6.23  case, the public authority shall meet separately with the 
  6.24  parties in order to determine whether an agreement can be 
  6.25  reached. 
  6.26     (d) If all parties appear at the conference and agree to 
  6.27  all issues, and the public authority approves the agreement, the 
  6.28  public authority shall prepare a consent order for the parties 
  6.29  and the public authority to sign.  The public authority shall 
  6.30  submit the consent order to the administrative law judge.  Upon 
  6.31  signature, the order is a final order and must be served on the 
  6.32  parties by first class mail. 
  6.33     (e) If only one party appears at the conference and there 
  6.34  is no new information available that party agrees to the terms 
  6.35  of the proposed order, or if both of the parties fail to appear 
  6.36  at the conference, the public authority may submit a default 
  7.1   order through the uncontested administrative process.  If only 
  7.2   one party appears at the conference and there is new information 
  7.3   available that party does not agree to the terms of the proposed 
  7.4   order, the matter shall proceed directly to the scheduled 
  7.5   contested administrative proceeding a hearing before an 
  7.6   administrative law judge.  
  7.7      (f) If the parties appear at the conference and do not 
  7.8   reach agreement to the entry of a consent order, the public 
  7.9   authority shall advise the parties that the matter remains 
  7.10  scheduled of the date, time, and place for a contested 
  7.11  administrative proceeding hearing, and that the public authority 
  7.12  will seek the establishment of child support at the proceeding 
  7.13  in accordance with the child support guidelines. 
  7.14     (g) If one or both of the parties appear at the 
  7.15  administrative conference and there is new information that 
  7.16  makes the proposed order unreasonable or inappropriate, the 
  7.17  public authority may issue a revised proposed order pursuant to 
  7.18  subdivision 2, paragraph (c), or proceed directly to a contested 
  7.19  administrative proceeding hearing. 
  7.20     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  7.21  518.5511, subdivision 3a, is amended to read: 
  7.22     Subd. 3a.  [INTERIM ALTERNATIVE ADMINISTRATIVE 
  7.23  RESOLUTIONS.] (a)(1) In any case within the jurisdiction of the 
  7.24  administrative process, the public authority or any party may 
  7.25  proceed directly to a contested administrative proceeding 
  7.26  hearing under subdivision 4 by making a written request to the 
  7.27  public authority.  After the public authority receives a written 
  7.28  request, the public authority shall request or schedule a 
  7.29  contested administrative proceeding and inform the requester of 
  7.30  the date, time, and place of the hearing.  The public authority 
  7.31  shall also provide the requester with the contested 
  7.32  administrative documents necessary for the proceeding.  These 
  7.33  documents must be completed by the requester, served on the 
  7.34  other party and the public authority, and filed with the court 
  7.35  administrator at least 21 days before the hearing.  If the 
  7.36  documents are not filed with the court administrator, the 
  8.1   contested administrative proceeding must be canceled unless the 
  8.2   public authority or a party objects. serving pleadings on the 
  8.3   other party or parties and the public authority and filing the 
  8.4   pleadings with the court administrator.  The form and content of 
  8.5   the pleadings and the manner of service and filing must conform 
  8.6   with the requirements of the rules of court.  The office of 
  8.7   administrative hearings shall provide to court administrators 
  8.8   and the public authority forms that may be used by parties who 
  8.9   elect to proceed directly to hearing under this subdivision, as 
  8.10  set out in subdivision 1, paragraph (m), clause (2).  Nothing in 
  8.11  this subdivision requires a party or an attorney filing 
  8.12  pleadings on behalf of a party to use forms that have been 
  8.13  prepared by the office of administrative hearings. 
  8.14     (2) The public authority may also proceed directly to a 
  8.15  contested administrative proceeding.  
  8.16     (b) At any time in the administrative process, including 
  8.17  prior to the issuance of the proposed order, if the parties and 
  8.18  the public authority are in agreement, the public authority 
  8.19  shall prepare a consent order to be signed by the public 
  8.20  authority and the parties.  The parties must waive any of their 
  8.21  rights to the notices and time frames required by this section.  
  8.22  The public authority shall submit the order to the 
  8.23  administrative law judge.  Upon signature by the court, the 
  8.24  order is a final order and must be filed with the court 
  8.25  administrator and served by first class mail on the parties. 
  8.26     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  8.27  518.5511, subdivision 4, is amended to read: 
  8.28     Subd. 4.  [CONTESTED ADMINISTRATIVE PROCEEDING PROCESS.] (a)
  8.29  All counties shall participate in the contested administrative 
  8.30  process established in this section as designated in a statewide 
  8.31  implementation plan to be set forth by the commissioner of human 
  8.32  services.  No county shall be required to participate in the 
  8.33  contested administrative process until after the county has been 
  8.34  trained.  The contested administrative process shall be in 
  8.35  operation in all counties no later than July 1, 1998. 
  8.36     In counties designated by the commissioner, contested 
  9.1   administrative proceedings Hearings required under this section 
  9.2   shall be scheduled before administrative law judges, and shall 
  9.3   be conducted in accordance with the provisions under this 
  9.4   section.  In counties not designated by the commissioner, 
  9.5   contested administrative proceedings shall be conducted in 
  9.6   district court in accordance with the rules of civil procedure 
  9.7   and the rules of family court.  
  9.8      (b) An administrative law judge may conduct administrative 
  9.9   proceedings and approve a stipulation reached on a contempt 
  9.10  motion brought by the public authority.  Any stipulation that 
  9.11  involves a finding of contempt and a jail sentence, whether 
  9.12  stayed or imposed, shall require the review and signature of a 
  9.13  district court judge. 
  9.14     (c) A party, witness, or attorney may appear or testify by 
  9.15  telephone, audiovisual means, or other electronic means, at the 
  9.16  discretion of the administrative law judge. 
  9.17     (d) Before implementing the process in a county, the chief 
  9.18  administrative law judge, the commissioner of human services, 
  9.19  the director of the county human services agency, the county 
  9.20  attorney, the county court administrator, and the county sheriff 
  9.21  shall jointly establish procedures, and the county shall provide 
  9.22  hearing facilities for implementing this process in the county.  
  9.23  A contested administrative proceeding The hearing shall be 
  9.24  conducted in a courtroom, if one is available, or a conference 
  9.25  or meeting room with at least two exits and of sufficient size 
  9.26  to permit adequate physical separation of the parties.  The 
  9.27  court administrator shall, to the extent practical, provide 
  9.28  administrative support for the contested administrative 
  9.29  proceeding hearing.  Security personnel shall either be present 
  9.30  during the administrative proceedings hearing, or be available 
  9.31  to respond to a request for emergency assistance.  
  9.32     (e) The contested administrative Hearings shall be 
  9.33  conducted under the rules of the office of administrative 
  9.34  hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 
  9.35  to 1400.6400, 1400.6600 to, 1400.6700, 1400.7000, 1400.7100 to, 
  9.36  1400.7300, 1400.7400, 1400.7500, 1400.7700, 1400.7800, and 
 10.1   1400.8100, as adopted by the chief administrative law judge.  To 
 10.2   the extent the time requirements under Minnesota Rules conflict 
 10.3   with time requirements under the rules of family court, rules of 
 10.4   civil procedure, or this chapter, the requirements of the rules 
 10.5   of family court, rules of civil procedure, or this chapter 
 10.6   control.  For matters not initiated under subdivision 2, 
 10.7   documents from the moving party shall be served and filed at 
 10.8   least 14 days prior to the hearing and the opposing party shall 
 10.9   serve and file documents raising new issues at least ten days 
 10.10  prior to the hearing.  In all contested administrative 
 10.11  proceedings, according to the rules of court.  The 
 10.12  administrative law judge may limit the extent and timing of 
 10.13  discovery.  Except as provided under this section, other aspects 
 10.14  of the case, including, but not limited to, discovery, shall be 
 10.15  conducted under the rules of family court, the rules of civil 
 10.16  procedure, and this chapter 518.  
 10.17     (f) Following a contested administrative hearing, the 
 10.18  administrative law judge shall make findings of fact, 
 10.19  conclusions, and a final decision and issue an order.  Orders 
 10.20  issued by an administrative law judge may be enforceable by the 
 10.21  contempt powers of the district courts.  
 10.22     (g) At the time the matter is scheduled for a contested 
 10.23  administrative proceeding hearing, the public authority shall 
 10.24  file in the district court copies of all relevant documents sent 
 10.25  to or received from the parties that have been provided to all 
 10.26  parties, in addition to any documents filed under subdivision 2, 
 10.27  paragraph (d).  These documents may be used as evidence by the 
 10.28  judge in deciding the case without need for further foundation 
 10.29  testimony.  For matters scheduled for a contested administrative 
 10.30  proceeding hearing which were not initiated under subdivision 2, 
 10.31  the public authority shall obtain any income information 
 10.32  available to the public authority through the department of 
 10.33  economic security and serve this information on all parties and 
 10.34  file the information with the court at least five days prior to 
 10.35  the hearing. 
 10.36     (h) If only one party appears at the contested 
 11.1   administrative proceeding hearing, a hearing must be conducted.  
 11.2   The administrative law judge shall prepare an order and file it 
 11.3   with the district court.  The court shall serve the order on the 
 11.4   parties by first class mail at the last known address and shall 
 11.5   provide a copy of the order to the public authority. 
 11.6      (i) If neither party appears at the contested 
 11.7   administrative proceeding hearing and no new information has 
 11.8   been submitted or made available to the court or public 
 11.9   authority, the public authority shall submit the default order 
 11.10  to the administrative law judge for signature.  If neither party 
 11.11  appears and new information is available to the court or public 
 11.12  authority, the administrative law judge shall prepare an order 
 11.13  based on the new information.  The court shall serve the order 
 11.14  on the parties by first class mail at the last known address and 
 11.15  shall provide a copy of the order to the public authority. 
 11.16     (j) The decision and order of the administrative law judge 
 11.17  is appealable to the court of appeals in the same manner as a 
 11.18  decision of the district court.  
 11.19     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
 11.20  518.5512, subdivision 2, is amended to read: 
 11.21     Subd. 2.  [PATERNITY.] (a) After service of the notice and 
 11.22  proposed order, a nonattorney employee of the public authority 
 11.23  may order the child, mother, or alleged father to submit to 
 11.24  blood or genetic tests.  In a case with multiple alleged 
 11.25  fathers, a nonattorney employee of the public authority may 
 11.26  order the child, mother, and alleged fathers to submit to blood 
 11.27  or genetic tests after service of the notice of the parentage 
 11.28  proceeding.  The order for genetic tests must be served by 
 11.29  personal service.  The order of the public authority shall be 
 11.30  effective unless, within 20 days of the date of the order, the 
 11.31  child, mother, or an alleged father requests a contested 
 11.32  administrative proceeding hearing under section 518.5511, 
 11.33  subdivision 3a.  If a contested administrative proceeding 
 11.34  hearing is requested and held, any order issued by an 
 11.35  administrative law judge supersedes the order issued by the 
 11.36  public authority.  In all other cases, the order of the public 
 12.1   authority is controlling.  Failure to comply with the order for 
 12.2   blood or genetic tests may result in a default determination of 
 12.3   parentage. 
 12.4      (b) If parentage is contested at the administrative 
 12.5   hearing, the administrative law judge may order temporary child 
 12.6   support under section 257.62, subdivision 5, and shall refer the 
 12.7   case to the district court. 
 12.8      (c) The district court may appoint counsel for an indigent 
 12.9   alleged father only after the return of the blood or genetic 
 12.10  test results from the testing laboratory. 
 12.11     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
 12.12  518.5512, subdivision 3, is amended to read: 
 12.13     Subd. 3.  [COST-OF-LIVING ADJUSTMENT.] The public authority 
 12.14  shall send notice of its application for a cost-of-living 
 12.15  adjustment on the obligor in accord with section 518.641.  The 
 12.16  public authority shall, pending further order of the court, 
 12.17  temporarily stay the adjustment of support upon receipt by the 
 12.18  public authority of a request motion by the obligor to proceed 
 12.19  directly to a contested administrative proceeding hearing under 
 12.20  section 518.5511, subdivision 4.  
 12.21     Sec. 7.  Minnesota Statutes 1996, section 518.5512, 
 12.22  subdivision 4, is amended to read: 
 12.23     Subd. 4.  [TERMINATION OF INTEREST CHARGING.] The public 
 12.24  authority or a party bringing a motion under section 548.091, 
 12.25  subdivision 1a, may proceed immediately to a contested 
 12.26  administrative proceeding hearing under section 518.5511, 
 12.27  subdivision 4. 
 12.28     Sec. 8.  [EVALUATION AND RECOMMENDATIONS.] 
 12.29     The commissioner of human services, in consultation with 
 12.30  the commissioner's advisory committee for child support 
 12.31  enforcement, shall evaluate the extent to which the 
 12.32  administrative process has met the legislative mandate to 
 12.33  develop and implement an administrative process that is simple, 
 12.34  streamlined, informal, uniform throughout the state, and 
 12.35  accessible to parties without counsel.  The commissioner shall 
 12.36  present recommendations for further progress towards these 
 13.1   mandates.  The evaluation and recommendations shall be presented 
 13.2   to the legislature by December 15, 1999. 
 13.3      Sec. 9.  [REPEALER.] 
 13.4      Minnesota Statutes 1997 Supplement, section 518.5512, 
 13.5   subdivision 3a, is repealed.