SF 3309

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; establishing hearing 
  1.3             procedures; proposing coding for new law in Minnesota 
  1.4             Statutes, chapter 256. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [256.0451] [HEARING PROCEDURES.] 
  1.7      Subdivision 1.  [SCOPE.] The requirements in this section 
  1.8   apply to all fair hearings and appeals which are governed by 
  1.9   section 256.045, including appeals involving Minnesota family 
  1.10  investment program, MinnesotaCare, medical assistance, food 
  1.11  stamps, general assistance, Minnesota supplemental assistance, 
  1.12  general assistance medical care, prepaid medical assistance, 
  1.13  prepaid general assistance medical care, emergency assistance, 
  1.14  social services, child care assistance, administrative 
  1.15  disqualification hearings, and any other benefit program for 
  1.16  which appeals are conducted under section 256.045, subdivisions 
  1.17  3, 3a, 3b, and 4a. 
  1.18     The term "person" is used in this section to mean an 
  1.19  individual who, on behalf of themselves or their household, is 
  1.20  appealing or disputing or challenging an action, a decision, or 
  1.21  a failure to act, by an agency in the human services system.  
  1.22  When a person involved in a proceeding under this section is 
  1.23  represented by an attorney or by an authorized representative, 
  1.24  the term "person" also refers to the person's attorney or 
  1.25  authorized representative.  Any notice sent to the person 
  2.1   involved in the hearing must also be sent to the person's 
  2.2   attorney or authorized representative. 
  2.3      The term "agency" is used in this section to mean the 
  2.4   department of the human services system involved in a fair 
  2.5   hearing appeal.  The term "agency" includes the county human 
  2.6   services agency, the state human services agency, and, where 
  2.7   applicable, any entity involved under a contract, subcontract, 
  2.8   grant, or subgrant with the state agency or with a county 
  2.9   agency, that provides or operates programs or services in which 
  2.10  appeals are governed by section 256.045. 
  2.11     Subd. 2.  [ACCESS TO FILES.] A person involved in a fair 
  2.12  hearing appeal has the right of access to the person's complete 
  2.13  case files and to examine all private welfare data on the person 
  2.14  which has been generated, collected, stored, or disseminated by 
  2.15  the agency.  A person involved in a fair hearing appeal has the 
  2.16  right to a free copy of all documents in the case file involved 
  2.17  in a fair hearing appeal.  "Case file" means the information, 
  2.18  documents, and data, in whatever form, which have been 
  2.19  generated, collected, stored, or disseminated by the agency in 
  2.20  connection with the person and the program or service involved. 
  2.21     Subd. 3.  [AGENCY APPEAL SUMMARY.] (a) The agency involved 
  2.22  in an appeal must prepare a state agency appeal summary for each 
  2.23  fair hearing appeal.  The state agency appeal summary shall be 
  2.24  mailed or otherwise delivered to the person who is involved in 
  2.25  the appeal within five working days of the date the agency is 
  2.26  notified of the fair hearing appeal.  The state agency appeal 
  2.27  summary must also be mailed or otherwise delivered to the 
  2.28  department's appeals office within five working days of the date 
  2.29  the agency is notified of the fair hearing appeal. 
  2.30     (b) In addition, the appeals referee shall ensure that the 
  2.31  state agency appeal summary is mailed or otherwise delivered to 
  2.32  the person involved in the appeal as required under paragraph 
  2.33  (a) before or at the time the notice of hearing is issued.  
  2.34  These requirements apply equally to the state agency or an 
  2.35  entity under contract when involved in the appeal. 
  2.36     (c) The state agency appeal summary must include at least 
  3.1   the following items: 
  3.2      (1) an explanation or description of the action taken or 
  3.3   proposed to be taken by the agency; 
  3.4      (2) copies of all relevant notices issued by the agency; 
  3.5      (3) copies of all documents, exhibits, or information that 
  3.6   the agency intends to submit or rely on at the appeal hearing; 
  3.7      (4) copies of all statutes, rules, manual provisions, or 
  3.8   other legal authority on which the agency will rely at the 
  3.9   appeal hearing; 
  3.10     (5) identification of all witnesses from whom the agency 
  3.11  will present testimony at the appeal hearing, and a summary of 
  3.12  the expected testimony; 
  3.13     (6) the language block in use as of April 2000, for all 
  3.14  notices updated from the block required by Laws 1998, chapter 
  3.15  407, article 4, section 64(d); 
  3.16     (7) a copy of the hearing procedure requirements in this 
  3.17  section; and 
  3.18     (8) a current listing of the addresses and telephone 
  3.19  numbers of the legal services offices in Minnesota. 
  3.20     (d) The contents of the state agency appeal summary must be 
  3.21  adequate to support the factual and legal basis for the agency's 
  3.22  action or determination.  The agency at the appeal hearing may 
  3.23  not offer or rely on documents, data, information, witnesses, or 
  3.24  exhibits which are not included in the state agency appeal 
  3.25  summary and which have not been provided to the person involved 
  3.26  in the appeal.  The agency at the hearing may not raise new 
  3.27  legal issues that are not included in the state agency appeal 
  3.28  summary.  Any information to supplement the state agency appeal 
  3.29  summary must be disclosed not later than five days prior to the 
  3.30  hearing.  
  3.31     The state agency appeal summary must contain instructions 
  3.32  to the person involved in the hearing about how to request and 
  3.33  to obtain reimbursement for transportation, expenses for child 
  3.34  care, photocopying, medical assessment, witness fees, or other 
  3.35  necessary and reasonable costs incurred in connection with the 
  3.36  appeal. 
  4.1      Subd. 4.  [ENFORCING ACCESS TO FILES.] A person involved in 
  4.2   a fair hearing appeal may enforce the right of access to data 
  4.3   and copies of the case file by making a request to the appeals 
  4.4   referee.  The appeals referee will make an appropriate order 
  4.5   enforcing the person's rights under the Minnesota Government 
  4.6   Data Practices Act, including but not limited to, ordering 
  4.7   access to files, data, and documents; continuing a hearing to 
  4.8   allow adequate time for access to data; or prohibiting use by 
  4.9   the agency of files, data, or documents which have been 
  4.10  generated, collected, stored, or disseminated without compliance 
  4.11  with the Minnesota Government Data Practices Act and which have 
  4.12  not been provided to the person involved in the appeal. 
  4.13     Subd. 5.  [PREHEARING CONFERENCES.] (a) The appeals referee 
  4.14  prior to a fair hearing appeal may hold a prehearing conference 
  4.15  to further the interests of justice or efficiency and must 
  4.16  include the person involved in the appeal.  A person involved in 
  4.17  a fair hearing appeal or the agency may request a prehearing 
  4.18  conference.  The prehearing conference may be conducted by 
  4.19  telephone, in person, or in writing.  The prehearing conference 
  4.20  may address the following: 
  4.21     (1) disputes regarding access to files, evidence, 
  4.22  subpoenas, or testimony; 
  4.23     (2) the time required for the hearing or any need for 
  4.24  expedited procedures or decision; 
  4.25     (3) identification or clarification of legal or other 
  4.26  issues that may arise at the hearing; 
  4.27     (4) identification of and possible agreement to factual 
  4.28  issues; and 
  4.29     (5) scheduling and any other matter which will aid in the 
  4.30  proper and fair functioning of the hearing. 
  4.31     (b) The appeals referee shall make a record or otherwise 
  4.32  contemporaneously summarize the prehearing conference in 
  4.33  writing, which shall be sent to both the person involved in the 
  4.34  hearing, the person's attorney or authorized representative, and 
  4.35  the agency. 
  4.36     Subd. 6.  [APPEAL REQUEST FOR EMERGENCY ASSISTANCE OR 
  5.1   URGENT MATTER.] (a) When an appeal involves an application for 
  5.2   emergency assistance, the agency involved shall mail or 
  5.3   otherwise deliver the state agency appeal summary to the 
  5.4   department's appeals office within two working days of receiving 
  5.5   the request for an appeal.  A person may also request that a 
  5.6   fair hearing be held on an emergency basis when the issue 
  5.7   requires an immediate resolution.  The appeals referee shall 
  5.8   schedule the fair hearing on the earliest available date 
  5.9   according to the urgency of the issue involved.  Issuance of the 
  5.10  recommended decision after an emergency hearing shall be 
  5.11  expedited. 
  5.12     (b) The chief appeals referee shall issue a written 
  5.13  decision within five working days of receiving the recommended 
  5.14  decision, shall immediately inform the parties of the outcome by 
  5.15  telephone, and shall mail the decision no later than two working 
  5.16  days following the date of the decision. 
  5.17     Subd. 7.  [CONTINUANCE; RESCHEDULING, OR ADJOURNING A 
  5.18  HEARING.] (a) A person involved in a fair hearing, or the 
  5.19  agency, may request a continuance, a rescheduling, or an 
  5.20  adjournment of a hearing for a reasonable period of time.  The 
  5.21  grounds for granting a request for a continuance, a 
  5.22  rescheduling, or adjournment of a hearing include, but are not 
  5.23  limited to, the following: 
  5.24     (1) to reasonably accommodate the appearance of a witness; 
  5.25     (2) to implement the person's rights regarding choice of 
  5.26  representative at the hearing; 
  5.27     (3) to ensure that the person has adequate opportunity for 
  5.28  preparation and for presentation of evidence and argument; 
  5.29     (4) to ensure that the person or the agency has adequate 
  5.30  opportunity to review, evaluate, and respond to new evidence, or 
  5.31  where appropriate, to require that the person or agency review, 
  5.32  evaluate, and respond to new evidence; 
  5.33     (5) to permit the person involved and the agency to 
  5.34  negotiate toward resolution of some or all of the issues where 
  5.35  both agree that additional time is needed; 
  5.36     (6) to permit the agency to reconsider a previous action or 
  6.1   determination; 
  6.2      (7) to permit or to require the performance of actions not 
  6.3   previously taken; and 
  6.4      (8) to provide additional time or to permit or require 
  6.5   additional activity by the person or agency as the interests of 
  6.6   fairness may require. 
  6.7      (b) Requests for continuances or for rescheduling may be 
  6.8   made orally or in writing.  The person or agency requesting the 
  6.9   continuance or rescheduling must first make reasonable efforts 
  6.10  to contact the other participants in the hearing or their 
  6.11  representatives, and seek to obtain an agreement on the 
  6.12  request.  Requests for continuance or rescheduling should be 
  6.13  made no later than three working days before the scheduled date 
  6.14  of the hearing, unless there is a good cause as specified in 
  6.15  subdivision 13.  Granting a continuance or rescheduling may be 
  6.16  conditioned upon a waiver by the requestor of applicable time 
  6.17  limits, but should not cause unreasonable delay. 
  6.18     Subd. 8.  [SUBPOENAS.] A person involved in a fair hearing 
  6.19  or the agency may request a subpoena for a witness, for 
  6.20  evidence, or for both.  A reasonable number of subpoenas shall 
  6.21  be issued to require the attendance and the testimony of 
  6.22  witnesses, and the production of evidence relating to any issue 
  6.23  of fact in the appeal hearing.  The request for a subpoena must 
  6.24  show a need for the subpoena and the general relevance to the 
  6.25  issues involved.  The department shall be responsible for 
  6.26  service of subpoenas requested by persons involved in a fair 
  6.27  hearing appeal including payment of witness fees.  The subpoena 
  6.28  shall be issued in the name of the department, shall be served 
  6.29  in any manner permitted by law, and shall be enforced in the 
  6.30  same manner as in civil matters in court. 
  6.31     (c) An individual or entity served with a subpoena may 
  6.32  petition the appeals referee in writing to vacate or modify a 
  6.33  subpoena.  The appeals referee shall resolve such a petition in 
  6.34  a prehearing conference involving all parties and shall make a 
  6.35  written decision.  A subpoena may be vacated or modified if the 
  6.36  appeals referee determines that the testimony or evidence sought 
  7.1   does not relate with reasonable directness to the issues of the 
  7.2   fair hearing appeal; that the subpoena is unreasonable, over 
  7.3   broad, or oppressive; that the evidence sought is repetitious or 
  7.4   cumulative; or that the subpoena has not been served reasonably 
  7.5   in advance of the time when the appeal hearing will be held. 
  7.6      Subd. 9.  [NO EX PARTE CONTACT.] The appeals referee shall 
  7.7   not have ex parte contact on substantive issues with the agency 
  7.8   or with any participant or witness in a fair hearing appeal.  No 
  7.9   employee of the department or agency shall review, interfere 
  7.10  with, change, or attempt to influence the recommended decision 
  7.11  of the appeals referee in any fair hearing appeal, or the 
  7.12  decision of the chief appeals referee, or the decision of the 
  7.13  director of the office of appeals, except through the procedure 
  7.14  allowed in subdivision 18. 
  7.15     Subd. 10.  [TELEPHONE OR FACE-TO-FACE HEARING.] A fair 
  7.16  hearing appeal may be conducted by telephone, by other 
  7.17  electronic media, or by an in-person, face-to-face hearing.  At 
  7.18  the request of the person involved in a fair hearing appeal or 
  7.19  their representative, a face-to-face hearing shall be conducted 
  7.20  with all participants personally present before the appeals 
  7.21  referee. 
  7.22     Subd. 11.  [HEARING FACILITIES AND EQUIPMENT.] The appeals 
  7.23  referee shall conduct the hearing in the county where the person 
  7.24  involved resides, unless an alternate location is mutually 
  7.25  agreed upon before the hearing, or unless the person has agreed 
  7.26  to a hearing by telephone.  The hearing room shall be of 
  7.27  sufficient size and layout to adequately accommodate both the 
  7.28  number of individuals participating in the hearing and any 
  7.29  identified special needs of any individual participating in the 
  7.30  hearing.  The appeals referee shall ensure that all 
  7.31  communication and recording equipment that is necessary to 
  7.32  conduct the hearing and to create an adequate record is present 
  7.33  and functioning properly.  If any necessary communication or 
  7.34  recording equipment fails or ceases to operate effectively, the 
  7.35  appeals referee shall take any steps necessary, including 
  7.36  stopping or adjourning the hearing, until the necessary 
  8.1   equipment is present and functioning properly.  All reasonable 
  8.2   efforts shall be undertaken to prevent and avoid any delay in 
  8.3   the hearing process caused by defective communication or 
  8.4   recording equipment. 
  8.5      Subd. 12.  [INTERPRETER AND TRANSLATION SERVICES.] The 
  8.6   appeals referee has a duty to inquire and to determine whether 
  8.7   any participant in the hearing needs the services of an 
  8.8   interpreter or translator in order to participate in or to 
  8.9   understand the hearing process.  The department is responsible 
  8.10  for providing necessary interpreter or translation services at 
  8.11  no charge to the person involved in the hearing.  If it appears 
  8.12  that interpreter or translation services are needed but are not 
  8.13  available for the scheduled hearing, the appeals referee shall 
  8.14  continue or postpone the hearing until appropriate services can 
  8.15  be provided. 
  8.16     Subd. 13.  [FAILURE TO APPEAR; GOOD CAUSE.] If a person 
  8.17  involved in a fair hearing appeal fails to appear at the 
  8.18  hearing, the appeals referee may dismiss the appeal.  The person 
  8.19  may reopen the appeal if within ten working days the person 
  8.20  submits information to the appeals referee to show good cause 
  8.21  for not appearing.  Good cause can be shown when there is: 
  8.22     (1) a death or serious illness in the person's family; 
  8.23     (2) a personal injury or illness which reasonably prevents 
  8.24  the person from attending the hearing; 
  8.25     (3) an emergency, crisis, or unforeseen event which 
  8.26  reasonably prevents the person from attending the hearing; 
  8.27     (4) an obligation or responsibility of the person which a 
  8.28  reasonable person, in the conduct of one's affairs, could 
  8.29  reasonably determine takes precedence over attending the 
  8.30  hearing; 
  8.31     (5) lack of or failure to receive timely notice of the 
  8.32  hearing in the preferred language of the person involved in the 
  8.33  hearing; and 
  8.34     (6) excusable neglect, excusable inadvertence, excusable 
  8.35  mistake, or other good cause as determined by the appeals 
  8.36  referee. 
  9.1      Subd. 14.  [COMMENCEMENT OF HEARING.] The appeals referee 
  9.2   shall begin each hearing by providing a Tennessen warning as 
  9.3   required by section 13.04, subdivision 2.  The appeals referee 
  9.4   shall describe the process to be followed in the hearing, 
  9.5   including the swearing-in of witnesses, how testimony and 
  9.6   evidence are presented, the order of examining and 
  9.7   cross-examining witnesses, and the opportunity for an opening 
  9.8   statement and a closing statement.  The appeals referee shall 
  9.9   identify for the participants the issues to be addressed at the 
  9.10  hearing and shall explain to the participants the burden of 
  9.11  proof which applies to the person involved and the agency.  The 
  9.12  appeals referee shall ensure that the state agency appeal 
  9.13  summary has been properly completed and provided to the person 
  9.14  involved in the hearing, and that the person has been provided 
  9.15  documents and an opportunity to review the case file, as 
  9.16  provided in this section. 
  9.17     Subd. 15.  [CONDUCT OF THE HEARING.] The appeals referee 
  9.18  shall act in a fair and impartial manner at all times.  At the 
  9.19  beginning of the hearing the agency must designate one person as 
  9.20  their representative who shall be responsible for presenting the 
  9.21  agency's evidence and questioning any witnesses.  The appeals 
  9.22  referee shall make sure that the person and the agency are 
  9.23  provided sufficient time to present testimony and evidence, to 
  9.24  confront and cross-examine all adverse witnesses, and to make 
  9.25  any relevant statement at the hearing.  The appeals referee 
  9.26  shall make reasonable efforts to explain the hearing process to 
  9.27  persons who are not represented, and shall ensure that the 
  9.28  hearing is conducted fairly and efficiently.  Upon the 
  9.29  reasonable request of the person or the agency involved, the 
  9.30  appeals referee may direct witnesses to remain outside the 
  9.31  hearing room, except during their individual testimony.  The 
  9.32  appeals referee shall not terminate the hearing before affording 
  9.33  the person and the agency a complete opportunity to submit all 
  9.34  admissible evidence, and reasonable opportunity for oral or 
  9.35  written statement.  When a hearing extends beyond the time which 
  9.36  was anticipated, the hearing shall be rescheduled or continued 
 10.1   from day-to-day until completion.  Hearings that have been 
 10.2   continued shall be timely scheduled to minimize delay in the 
 10.3   disposition of the appeal. 
 10.4      Subd. 16.  [SCOPE OF ISSUES ADDRESSED AT THE HEARING.] The 
 10.5   hearing shall address the correctness and legality of the 
 10.6   agency's action and shall not be limited simply to a review of 
 10.7   the propriety of the agency's action.  The person involved may 
 10.8   raise and present evidence on all legal claims or defenses 
 10.9   arising under state or federal law as a basis for appealing or 
 10.10  disputing an agency action.  The appeals referee may take 
 10.11  official notice of adjudicative facts. 
 10.12     Subd. 17.  [BURDEN OF PERSUASION.] The burden of persuasion 
 10.13  is governed by specific state or federal law and regulations 
 10.14  that apply to the subject of the hearing.  If there is no 
 10.15  specific law, then the participant in the hearing who asserts 
 10.16  the truth of a claim is under the burden to persuade the appeals 
 10.17  referee that the claim is true. 
 10.18     Subd. 18.  [INVITING COMMENT BY DEPARTMENT.] The appeals 
 10.19  referee, the chief appeals referee, or the director of the 
 10.20  appeals and regulations division, may determine that a written 
 10.21  comment by the department about the policy implications of a 
 10.22  specific legal issue could help resolve a pending appeal.  The 
 10.23  appeals referee, chief appeals referee, or director, shall 
 10.24  obtain such a written policy comment from the department only by 
 10.25  a written request that is also sent to the person involved and 
 10.26  to the agency or its representative.  When such a written 
 10.27  comment is received, both the person involved in the hearing and 
 10.28  the agency shall have adequate opportunity to review, evaluate, 
 10.29  and respond to the written comment, including submission of 
 10.30  additional testimony or evidence, and cross-examination 
 10.31  concerning the written comment. 
 10.32     Subd. 19.  [DEVELOPING THE RECORD.] The appeals referee 
 10.33  shall accept all evidence, except evidence privileged by law, 
 10.34  that is commonly accepted by reasonable people in the conduct of 
 10.35  their affairs as having probative value on the issues to be 
 10.36  addressed at the hearing.  In cases involving medical issues 
 11.1   such as a diagnosis, a physician's report, or a review team's 
 11.2   decision, the appeals referee shall consider whether it is 
 11.3   necessary to have a medical assessment other than that of the 
 11.4   individual making the original decision.  When necessary, the 
 11.5   appeals referee shall require an additional assessment be 
 11.6   obtained at agency expense and made part of the hearing record.  
 11.7   The appeals referee shall ensure for all cases that the record 
 11.8   is sufficiently complete to make a fair and accurate decision.  
 11.9      Subd. 20.  [UNREPRESENTED PERSONS.] In cases involving 
 11.10  unrepresented persons, the appeals referee shall take 
 11.11  appropriate steps to assist in identifying, obtaining, and 
 11.12  presenting relevant facts necessary for making an informed and 
 11.13  fair decision.  These steps may include, but are not limited to, 
 11.14  asking questions of witnesses, and referring the person to a 
 11.15  legal services office.  An unrepresented person shall be 
 11.16  provided an adequate opportunity to respond to testimony or 
 11.17  other evidence presented by the agency at the hearing.  The 
 11.18  appeals referee shall ensure that an unrepresented person has a 
 11.19  full and reasonable opportunity at the hearing to establish a 
 11.20  record for appeal. 
 11.21     Subd. 21.  [CLOSING OF THE RECORD.] The agency must present 
 11.22  its evidence prior to or at the hearing.  The agency shall not 
 11.23  be permitted to submit evidence after the hearing except by 
 11.24  agreement at the hearing between the person involved, the 
 11.25  agency, and the appeals referee.  If evidence is submitted after 
 11.26  the hearing, based on such an agreement, the person involved 
 11.27  must be allowed sufficient opportunity to respond to the 
 11.28  evidence.  When necessary, the record shall remain open to 
 11.29  permit a person to submit additional evidence on the issues 
 11.30  presented at the hearing. 
 11.31     Subd. 22.  [DECISIONS.] A timely, written decision must be 
 11.32  issued in every appeal.  Each decision must contain a clear 
 11.33  ruling on the issues presented in the appeal hearing, and should 
 11.34  contain a ruling only on questions directly presented by the 
 11.35  appeal and the arguments raised in the appeal. 
 11.36     (a) [TIMELINESS.] A written decision must be issued within 
 12.1   60 days of the date the person involved requested the appeal 
 12.2   unless the hearing is rescheduled or continued.  When a person 
 12.3   requests a rescheduling or continuance of an appeal, the days 
 12.4   which elapse until the rescheduled appeal are not counted toward 
 12.5   the 60 day limit.  An additional 30 days is provided in those 
 12.6   cases where the chief appeals referee refuses to accept the 
 12.7   recommended decision. 
 12.8      (b) [CONTENTS OF HEARING DECISION.] The decision must 
 12.9   contain both findings of fact and conclusions of law, clearly 
 12.10  separated and identified.  The findings of fact must be based on 
 12.11  the entire record.  Each finding of fact made by the appeals 
 12.12  referee shall be supported by a preponderance of the evidence 
 12.13  unless a different standard is required under the regulations of 
 12.14  a particular program.  The "preponderance of the evidence" 
 12.15  means, in light of the record as a whole, the evidence leads the 
 12.16  appeals referee to believe that the finding of fact is more 
 12.17  likely to be true than not true.  The legal claims or arguments 
 12.18  of a participant do not constitute either a finding of fact or a 
 12.19  conclusion of law, except to the extent the appeals referee 
 12.20  adopts an argument as a finding of fact or conclusion of law. 
 12.21     The decision shall contain at least the following: 
 12.22     (1) a listing of the date and place of the hearing and the 
 12.23  participants at the hearing; 
 12.24     (2) a clear and precise statement of the issues, including 
 12.25  the dispute under consideration and the specific points which 
 12.26  must be resolved in order to decide the case; 
 12.27     (3) a listing of the material, including exhibits, records, 
 12.28  reports, placed into evidence at the hearing, and upon which the 
 12.29  hearing decision is based; 
 12.30     (4) the findings of fact based upon the entire hearing 
 12.31  record.  The findings of fact must be adequate to inform the 
 12.32  participants and any interested person in the public of the 
 12.33  basis of the decision.  If the evidence is in conflict on an 
 12.34  issue which must be resolved, the findings of fact must state 
 12.35  the reasoning used in resolving the conflict; 
 12.36     (5) conclusions of law that address the legal authority for 
 13.1   the hearing and the ruling, and which give appropriate attention 
 13.2   to the claims of the participants to the hearing; 
 13.3      (6) a clear and precise statement of the decision made 
 13.4   resolving the dispute under consideration in the hearing; and 
 13.5      (7) written notice of the right to appeal to district court 
 13.6   or to request reconsideration, and of the actions required and 
 13.7   the time limits for taking appropriate action to appeal to 
 13.8   district court or to request a reconsideration. 
 13.9      (c) [NO INDEPENDENT INVESTIGATION.] The appeals referee 
 13.10  shall not independently investigate facts or otherwise rely on 
 13.11  information not presented at the hearing.  The appeals referee 
 13.12  may not contact other agency personnel, except as provided in 
 13.13  subdivision 18.  The appeals referee's recommended decision must 
 13.14  be based exclusively on the testimony and evidence presented at 
 13.15  the hearing, and legal arguments presented, and the appeals 
 13.16  referee's research and knowledge of the law. 
 13.17     (d) [RECOMMENDED DECISION.] The chief appeals referee will 
 13.18  review the recommended decision and accept or refuse to accept 
 13.19  the decision according to section 256.045, subdivision 5. 
 13.20     Subd. 23.  [REFUSAL TO ACCEPT RECOMMENDED ORDERS.] (a) If 
 13.21  the chief appeals referee refuses to accept the recommended 
 13.22  order from the appeals referee, the person involved, the 
 13.23  person's attorney or authorized representative, and the agency 
 13.24  shall be sent a copy of the recommended order, a detailed 
 13.25  explanation of the chief appeals referee's basis for refusing to 
 13.26  accept the recommended order, and the proposed modified order. 
 13.27     (b) The person involved and the agency shall have at least 
 13.28  ten business days to respond to the chief appeals referee's 
 13.29  proposed modification of the recommended order.  The person 
 13.30  involved and the agency may submit a legal argument concerning 
 13.31  the proposed modification, and may propose to submit additional 
 13.32  evidence that relates to the proposed modified order. 
 13.33     Subd. 24.  [RECONSIDERATION.] Reconsideration may be 
 13.34  requested within 30 days of the date of the chief appeals 
 13.35  referee's final order.  If reconsideration is requested, the 
 13.36  director of the appeals and regulations division shall inform 
 14.1   the other participants in the appeal of the request.  The 
 14.2   request for reconsideration may include legal argument.  A 
 14.3   person may include proposed additional evidence supporting the 
 14.4   request.  The other participants shall be sent a copy of all 
 14.5   material submitted in support of the request for reconsideration 
 14.6   and must be given ten days to respond. 
 14.7      (a) [FINDINGS OF FACT.] When the requesting party raises a 
 14.8   question as to the appropriateness of the findings of fact, the 
 14.9   director of the appeals division shall review the entire record. 
 14.10     (b) [CONCLUSIONS OF LAW.] When the requesting party 
 14.11  questions the appropriateness of a conclusion of law, the 
 14.12  director of appeals division shall consider the recommended 
 14.13  decision, the chief appeals referee's decision, and the material 
 14.14  submitted in connection with the reconsideration.  The director 
 14.15  of the appeals division shall review the remaining record as 
 14.16  necessary to issue a reconsidered decision. 
 14.17     (c) [WRITTEN DECISION.] The director of the appeals 
 14.18  division shall issue a written decision on reconsideration in a 
 14.19  timely fashion.  The decision must clearly inform the parties 
 14.20  that this constitutes the final administrative decision, advise 
 14.21  the participants of the right to seek judicial review, and the 
 14.22  deadline for doing so. 
 14.23     Subd. 25.  [ACCESS TO APPEAL DECISIONS.] Appeal decisions 
 14.24  must be maintained in a manner so that the public has ready 
 14.25  access to previous decisions on particular topics, subject to 
 14.26  appropriate procedures for safeguarding names, personal 
 14.27  identifying information, and other private data on the 
 14.28  individual persons involved in the appeal.