SF 4891

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 10:03am

A bill for an act
relating to administrative law; making technical and policy changes to the
Administrative Procedure Act and Office of Administrative Hearings provisions;
amending Minnesota Statutes 2022, sections 14.05, subdivision 7; 14.08; 14.16,
subdivision 3; 14.26, subdivision 3a; 14.386; 14.388, subdivision 2; 14.3895,
subdivisions 2, 6; 14.48, subdivision 2; 14.62, subdivision 2a; 15A.083, subdivision
6a; 211B.33, subdivision 2; 211B.34, subdivisions 1, 2; 211B.35, subdivisions 1,
3; proposing coding for new law in Minnesota Statutes, chapters 13; 14; repealing
Minnesota Statutes 2022, section 211B.06.

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

ARTICLE 1

DATA PRACTICES

Section 1.

new text begin [13.95] ADMINISTRATIVE COURTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms have the meanings
given.
new text end

new text begin (b) "Administrative courts" means the Office of Administrative Hearings, Tax Court,
and Workers' Compensation Court of Appeals.
new text end

new text begin (c) "Court services" include hearings, settlement conferences, mediation, and the writing
of decisions and orders.
new text end

new text begin (d) "Health-related documents and data" means records, reports, or affidavits created
by medical, health care, or scientific professionals that relate to the past, present, or future
physical or mental health or condition of an individual, including but not limited to medical
history, examinations, diagnoses and treatment, prepetition screening reports, or
court-appointed examiner reports.
new text end

new text begin Subd. 2. new text end

new text begin Judicial work product. new text end

new text begin All notes and memoranda or drafts thereof prepared
by a judge or employee of an administrative court and used in providing a court service are
confidential or protected nonpublic data.
new text end

new text begin Subd. 3. new text end

new text begin Health-related documents and data. new text end

new text begin Health-related documents and data
included in a court file are private data on individuals.
new text end

new text begin Subd. 4. new text end

new text begin Use of not public data in court. new text end

new text begin Not public data as defined in section 13.02,
subdivision 8a, may be disclosed orally during an administrative court proceeding or in
written motions, affidavits, memoranda of law, orders, or decisions when the discussion is
necessary and relevant to a legal matter or issue.
new text end

ARTICLE 2

COURT OPERATIONS

Section 1.

Minnesota Statutes 2022, section 14.48, subdivision 2, is amended to read:

Subd. 2.

Chief administrative law judge.

new text begin (a) new text end The office shall be under the direction of
a chief administrative law judge who shall be learned in the law and appointed by the
governor, with the advice and consent of the senate, for a term ending on June 30 of the
sixth calendar year after appointment. Senate confirmation of the chief administrative law
judge shall be as provided by section 15.066.

new text begin (b) new text end The chief administrative law judge may hear cases and new text begin , in accordance with chapter
43A, new text end shall appoint new text begin a deputy chief judge and new text end additional administrative law judges and
compensation judges to serve in the office as necessary to fulfill the duties of the Office of
Administrative Hearings.

new text begin (c) new text end The chief administrative law judge may delegate to a subordinate employee the
exercise of a specified statutory power or duty as deemed advisable, subject to the control
of the chief administrative law judge. Every delegation must be by written order filed with
the secretary of state. The chief administrative law judge is subject to the provisions of the
Minnesota Constitution, article VI, section 6, the jurisdiction of the Board on Judicial
Standards, and the provisions of the Code of Judicial Conduct.

new text begin (d) If a vacancy in the position of chief administrative law judge occurs, an acting or
temporary chief administrative law judge must be named as follows:
new text end

new text begin (1) at the end of the term of a chief administrative law judge, the incumbent chief
administrative law judge may, at the discretion of the appointing authority, serve as acting
chief administrative law judge until a successor is appointed; and
new text end

new text begin (2) if at the end of a term of a chief administrative law judge the incumbent chief
administrative law judge is not designated as acting chief administrative law judge, or if a
vacancy occurs in the position of chief administrative law judge, the deputy chief judge
shall immediately become temporary chief administrative law judge without further official
action.
new text end

new text begin (e) The appointing authority of the chief administrative law judge may appoint a person
other than the deputy chief judge to serve as temporary chief administrative law judge and
may replace any other acting or temporary chief administrative law judge designated pursuant
to paragraph (d), clause (1) or (2).
new text end

Sec. 2.

new text begin [14.525] INTERPRETERS.
new text end

new text begin The chief administrative law judge may enter contracts with interpreters identified by
the Supreme Court through the Court Interpreter Program. Interpreters may be utilized as
the chief administrative law judge directs. These contracts are not subject to the requirements
of chapters 16B and 16C.
new text end

Sec. 3.

Minnesota Statutes 2022, section 14.62, subdivision 2a, is amended to read:

Subd. 2a.

Administrative law judge decision final; exception.

Unless otherwise
provided by law, the report or order of the administrative law judge constitutes the final
decision in the case unless the agency modifies or rejects it under subdivision 1 within 90
days after the record of the proceeding closes under section 14.61. When the agency fails
to act within 90 days on a licensing case, the agency must return the record of the proceeding
to the administrative law judge for consideration of disciplinary action. In all contested
cases where the report or order of the administrative law judge constitutes the final decision
in the case, the administrative law judge shall issue findings of fact, conclusions, and an
order within 90 days after the hearing record closes under section 14.61. Upon a showing
of good cause by a party or the agency, the chief administrative law judge may order a
reasonable extension of either of the two 90-day deadlines specified in this subdivision. new text begin
The 90-day deadline will be tolled while the chief administrative law judge considers a
request for reasonable extension so long as the request was filed and served within the
applicable 90-day period.
new text end

Sec. 4.

Minnesota Statutes 2022, section 15A.083, subdivision 6a, is amended to read:

Subd. 6a.

Administrative law judge; salaries.

The salary of the chief administrative
law judge is 98.52 percent of the salary of a chief district court judge. The salaries of the
deleted text begin assistant chief administrative law judge and administrative law judge supervisors deleted text end new text begin deputy
chief judge and judge supervisors employed by the Office of Administrative Hearings new text end are
100 percent of the salary of a district court judge. The salary of an administrative law judge
employed by the Office of Administrative Hearings is 98.52 percent of the salary of a district
court judge as set under section 15A.082, subdivision 3.

ARTICLE 3

RULEMAKING

Section 1.

Minnesota Statutes 2022, section 14.05, subdivision 7, is amended to read:

Subd. 7.

Electronic documents permitted.

An agency deleted text begin may deleted text end new text begin must new text end file rule-related
documents with the Office of Administrative Hearings by electronic transmission in the
manner approved by that office deleted text begin and deleted text end new text begin . An agency may file rule-related documents with new text end the
Office of the Revisor of Statutes by electronic transmission in the manner approved by that
office.

Sec. 2.

Minnesota Statutes 2022, section 14.08, is amended to read:

14.08 APPROVAL OF RULE AND RULE FORM; COSTS.

(a) One copy of a rule adopted under section 14.26 must be submitted by the agency to
the chief administrative law judge. The chief administrative law judge shall request from
the revisor certified copies of the rule when it is submitted by the agency under section
14.26. Within five new text begin working new text end days after the request for certification of the rule is received by
the revisor, deleted text begin excluding weekends and holidays, deleted text end the revisor shall either return the rule with
a certificate of approval of the form of the rule to the chief administrative law judge or
notify the chief administrative law judge and the agency that the form of the rule will not
be approved.

If the chief administrative law judge disapproves a rule, the agency may modify it and
the agency shall submit one copy of the modified rule, approved as to form by the revisor,
to the chief administrative law judge.

(b) One copy of a rule adopted after a public hearing must be submitted by the agency
to the chief administrative law judge. The chief administrative law judge shall request from
the revisor certified copies of the rule when it is submitted by the agency. Within five
working days after receipt of the request, the revisor shall either return the rule with a
certificate of approval to the chief administrative law judge or notify the chief administrative
law judge and the agency that the form of the rule will not be approved.

(c) If the revisor refuses to approve the form of the rule, the revisor's notice must revise
the rule so it is in the correct form.

(d) After the agency has notified the chief administrative law judge that it has adopted
the rule, the chief administrative law judge shall promptly file deleted text begin four paper copies or deleted text end an
electronic copy of the adopted rule in the Office of the Secretary of State. The secretary of
state shall forward one copy of each rule filed to the agency, to the revisor of statutes, and
to the governor.

(e) The chief administrative law judge shall assess an agency for the actual cost of
processing rules under this section. Each agency shall include in its budget money to pay
the assessments. Receipts from the assessment must be deposited in the administrative
hearings account established in section 14.54.

Sec. 3.

Minnesota Statutes 2022, section 14.16, subdivision 3, is amended to read:

Subd. 3.

Filing.

After the agency has provided the chief administrative law judge with
a signed order adopting the rule, the chief administrative law judge shall promptly file deleted text begin four
paper copies or deleted text end an electronic copy of the adopted rule in the Office of the Secretary of State.
The secretary of state shall forward one copy of each rule filed to the agency, to the revisor
of statutes, and to the governor.

Sec. 4.

Minnesota Statutes 2022, section 14.26, subdivision 3a, is amended to read:

Subd. 3a.

Filing.

If the rule is approved, the administrative law judge shall promptly
file deleted text begin four paper copies or deleted text end an electronic copy of the adopted rule in the Office of the Secretary
of State. The secretary of state shall forward one copy of each rule to the revisor of statutes,
to the agency, and to the governor.

Sec. 5.

Minnesota Statutes 2022, section 14.386, is amended to read:

14.386 PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.

(a) A rule adopted, amended, or repealed by an agency, under a statute enacted after
January 1, 1997, authorizing or requiring rules to be adopted but excluded from the
rulemaking provisions of chapter 14 or from the definition of a rule, has the force and effect
of law only if:

(1) the revisor of statutes approves the form of the rule by certificate;

(2) the person authorized to adopt the rule on behalf of the agency signs an order adopting
the rule;

(3) the Office of Administrative Hearings approves the rule as to its legality within 14
days after the agency submits it for approval and files deleted text begin four paper copies or deleted text end an electronic
copy of the adopted rule with the revisor's certificate in the Office of the Secretary of State;
and

(4) a copy is published by the agency in the State Register.

The secretary of state shall forward one copy of the rule to the governor.

A statute enacted after January 1, 1997, authorizing or requiring rules to be adopted but
excluded from the rulemaking provisions of chapter 14 or from the definition of a rule does
not excuse compliance with this section unless it makes specific reference to this section.

(b) A rule adopted under this section is effective for a period of two years from the date
of publication of the rule in the State Register. The authority for the rule expires at the end
of this two-year period.

(c) The chief administrative law judge shall adopt rules relating to the rule approval
duties imposed by this section and section 14.388, including rules establishing standards
for review.

(d) This section does not apply to:

(1) any group or rule listed in section 14.03, subdivisions 1 and 3, except as otherwise
provided by law;

(2) game and fish rules of the commissioner of natural resources adopted under section
84.027, subdivision 13, or sections 97A.0451 to 97A.0459;

(3) experimental and special management waters designated by the commissioner of
natural resources under sections 97C.001 and 97C.005;

(4) game refuges designated by the commissioner of natural resources under section
97A.085; or

(5) transaction fees established by the commissioner of natural resources for electronic
or telephone sales of licenses, stamps, permits, registrations, or transfers under section
84.027, subdivision 15, paragraph (a), clause (3).

(e) If a statute provides that a rule is exempt from chapter 14, and section 14.386 does
not apply to the rule, the rule has the force of law unless the context of the statute delegating
the rulemaking authority makes clear that the rule does not have force of law.

Sec. 6.

Minnesota Statutes 2022, section 14.388, subdivision 2, is amended to read:

Subd. 2.

Notice.

An agency proposing to adopt, amend, or repeal a rule under this section
must give electronic notice of its intent in accordance with section 16E.07, subdivision 3,
and notice by United States mail or electronic mail to persons who have registered their
names with the agency under section 14.14, subdivision 1a. The notice must be given no
later than the date the agency submits the proposed rule to the Office of Administrative
Hearings for review of its legality and must include:

(1) the proposed rule, amendment, or repeal;

(2) an explanation of why the rule meets the requirements of the good cause exemption
under subdivision 1; and

(3) a statement that interested parties have five deleted text begin business deleted text end new text begin working new text end days after the date of
the notice to submit comments to the Office of Administrative Hearings.

Sec. 7.

Minnesota Statutes 2022, section 14.3895, subdivision 2, is amended to read:

Subd. 2.

Notice plan; prior approval.

The agency shall draft a notice plan under which
the agency will make reasonable efforts to notify persons or classes of persons who may
be significantly affected by the rule repeal by giving notice of its intention in newsletters,
newspapers, or other publications, or through other means of communication. Before
publishing the notice in the State Register and implementing the notice plan, the agency
shall obtain prior approval of the notice plan by deleted text begin the chief administrative law judge deleted text end new text begin an
administrative law judge in the Office of Administrative Hearings new text end .

Sec. 8.

Minnesota Statutes 2022, section 14.3895, subdivision 6, is amended to read:

Subd. 6.

Legal review.

Before publication of the final rule in the State Register, the
agency shall submit the rule to the deleted text begin chief deleted text end administrative law judge in the Office of
Administrative Hearings. The deleted text begin chief deleted text end administrative law judge shall within 14 days approve
or disapprove the rule as to its legality and its form to the extent the form relates to legality.

ARTICLE 4

FAIR CAMPAIGN PRACTICES

Section 1.

Minnesota Statutes 2022, section 211B.33, subdivision 2, is amended to read:

Subd. 2.

Recommendation.

(a) If the administrative law judge determines that the
complaint does not set forth a prima facie violation of chapter 211A or 211B, the
administrative law judge must dismiss the complaint.

deleted text begin (b) If the administrative law judge determines that the complaint sets forth a prima facie
violation of section 211B.06 and was filed within 60 days before the primary or special
election or within 90 days before the general election to which the complaint relates, the
administrative law judge must conduct an expedited probable cause hearing under section
211B.34.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end If the administrative law judge determines that the complaint sets forth a prima
facie violation of a provision of chapter 211A or 211B deleted text begin , other than section 211B.06, deleted text end and that
the complaint was filed within 60 days before the primary or special election or within 90
days before the general election to which the complaint relates, the administrative law judge,
on request of any party, must conduct an expedited probable cause hearing under section
211B.34.

deleted text begin (d) deleted text end new text begin (c) new text end If the administrative law judge determines that the complaint sets forth a prima
facie violation of chapter 211A or 211B, and was deleted text begin filed more than deleted text end new text begin not filed within new text end 60 days
before the primary or special election or deleted text begin more than deleted text end 90 days before the general election to
which the complaint relates, the administrative law judge must schedule an evidentiary
hearing under section 211B.35.

Sec. 2.

Minnesota Statutes 2022, section 211B.34, subdivision 1, is amended to read:

Subdivision 1.

Time for review.

The assigned administrative law judge must hold a
probable cause hearing on the complaint no later than three business days after deleted text begin receiving
the assignment if deleted text end new text begin determining the complaint sets forth a prima facie violation of chapter
211A or 211B, new text end an expedited hearing is required by section 211B.33, except that for good
cause the administrative law judge may hold the hearing no later than seven days after
deleted text begin receiving the assignment deleted text end new text begin the prima facie determination new text end . If an expedited hearing is not
required by section 211B.33, new text begin because no party requested one under section 211B.33,
subdivision 2, paragraph (b), new text end the administrative law judge must hold the hearing not later
than 30 days after deleted text begin receiving the assignment deleted text end new text begin determining the complaint sets forth a prima
facie violation of chapter 211A or 211B new text end .

Sec. 3.

Minnesota Statutes 2022, section 211B.34, subdivision 2, is amended to read:

Subd. 2.

Disposition.

deleted text begin At deleted text end new text begin After new text end the probable cause hearing, the administrative law judge
must make one of the following determinations new text begin within three business days after the hearing
record closes new text end :

(a) The complaint is frivolous, or there is no probable cause to believe that the violation
of law alleged in the complaint has occurred. If the administrative law judge makes either
determination, the administrative law judge must dismiss the complaint.

(b) There is probable cause to believe that the violation of law alleged in the complaint
has occurred. If the administrative law judge so determines, the chief administrative law
judge must schedule the complaint for an evidentiary hearing under section 211B.35.

Sec. 4.

Minnesota Statutes 2022, section 211B.35, subdivision 1, is amended to read:

Subdivision 1.

Deadline for hearing.

When required new text begin by section 211B.33, subdivision
2, paragraph (c), or new text end by section 211B.34, subdivision 2 or 3, the chief administrative law
judge must assign the complaint to a panel of three administrative law judges for an
evidentiary hearing. The hearing must be held within the following times:

(1) ten days after the complaint was assigned new text begin to the panel new text end , if an expedited probable cause
hearing was requested or required under section 211B.33;

(2) 30 days after the complaint was filed, if it was filed within 60 days before the primary
or special election or within 90 days before the general election to which the complaint
relates; or

(3) 90 days after the complaint was filed, if it was filed at any other time.

For good cause shown, the panel may extend the deadline set forth in clause (2) or (3)
by 60 days.

Sec. 5.

Minnesota Statutes 2022, section 211B.35, subdivision 3, is amended to read:

Subd. 3.

Time for disposition.

The panel must dispose of the complaint:

(1) within three new text begin business new text end days after the hearing record closes, if an expedited probable
cause hearing was required by section 211B.33; and

(2) within 14 days after the hearing record closes, if an expedited probable cause hearing
was not required by section 211B.33.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 211B.06, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S4891-1

211B.06 FALSE POLITICAL AND CAMPAIGN MATERIAL.

Subdivision 1.

Gross misdemeanor.

(a) A person is guilty of a gross misdemeanor who intentionally participates in the preparation, dissemination, or broadcast of paid political advertising or campaign material with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat a candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.

(b) A person is guilty of a misdemeanor who intentionally participates in the drafting of a letter to the editor with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat any candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.

Subd. 2.

Exception.

Subdivision 1 does not apply to any person or organization whose sole act is, in the normal course of their business, the printing, manufacturing, or dissemination of the false information.