Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 247--H.F.No. 330
An act relating to courts; providing for the appeal of
various matters to the court of appeals; providing for
the manner of election of court of appeals judges;
amending Minnesota Statutes 1982, sections 2.724,
subdivision 2; 3.737, subdivision 4; 3.751,
subdivision 4; 5.08, subdivision 2; 10A.01,
subdivisions 5 and 19; 14.45; 14.62, subdivision 2;
14.63; 14.64; 14.65; 14.66; 14.67; 14.68; 15A.18;
16.863; 25.43, subdivision 5; 32A.09, subdivision 5;
43A.02, subdivision 25; 43A.24, subdivision 2; 43A.27,
subdivision 4; 44.09, subdivision 3; 45.07; 45.17,
subdivision 5; 47.54, subdivision 5; 49.18; 56.23;
60A.05; 60A.15, subdivisions 11 and 12; 62A.02,
subdivision 6; 62C.14, subdivision 12; 62G.16,
subdivision 11; 65B.04, subdivision 1; 70A.22,
subdivision 3; 72A.24, subdivision 1; 72A.27; 79.073;
84.59; 88.78; 97.481, subdivision 2; 97.50,
subdivision 6; 105.462; 106.631, subdivisions 5 and 6;
110A.36; 111.42; 112.82; 114.13, subdivision 4;
115.49, subdivision 5; 116.07, subdivision 7; 116.11;
116A.19, subdivision 4; 116C.65; 120.17, subdivision
3b; 122.23, subdivision 16c; 123.32, subdivision 25;
124.15, subdivision 7; 127.25, subdivision 3; 127.33;
141.29, subdivision 2; 145.698, subdivision 2; 149.05,
subdivision 3; 155A.11, subdivision 2; 156A.071,
subdivision 9; 161.34, subdivision 4; 168.65,
subdivision 2; 168.68; 169.073; 169.123, subdivision
7; 174A.05; 176.471, subdivisions 6, 8, and 9; 177.29,
subdivision 1; 178.09, subdivision 2; 179.64,
subdivision 5; 179.741, subdivision 3; 181A.10,
subdivision 2; 185.15; 192A.255, subdivision 1;
197.481, subdivision 6; 204B.06, subdivisions 4 and 6;
204B.11, subdivision 1; 204B.34, subdivision 3;
204B.36, subdivision 4; 204D.02, subdivision 1;
204D.08, subdivision 6; 204D.11, subdivision 1;
209.09; 210A.01, subdivision 3; 216.25; 216.27;
216B.16, subdivision 3; 216B.52, subdivision 1;
231.33; 237.075, subdivision 3; 237.20; 237.25;
237.27; 237.39; 244.11; 246.55; 252A.21, subdivision
1; 253B.19, subdivision 5; 253B.23, subdivision 7;
256.045, subdivisions 9 and 10; 259.32; 260.291,
subdivision 2; 268.06, subdivision 20; 268.10,
subdivision 8; 268.12, subdivision 13; 270.22; 270.23;
270.26; 270.68, subdivision 2; 273.16; 279.21; 282.01,
subdivision 3; 290.48, subdivision 6; 290.92,
subdivision 6; 294.09, subdivision 3; 297.08,
subdivisions 3 and 4; 297.37, subdivision 5; 297A.15,
subdivision 4; 298.09, subdivision 3; 299D.03,
subdivision 11; 299F.25; 299F.26, subdivision 3;
327B.05, subdivision 2; 340.404, subdivision 7;
340.54, subdivision 2; 351.03; 352.01, subdivision 2B;
352D.02, subdivision 1; 357.07; 357.08; 360.019,
subdivision 2; 360.072, subdivision 1; 363.06,
subdivision 4; 363.072, subdivisions 1 and 2; 373.11;
375.67, subdivision 1; 387.41; 412.092, subdivision 1;
414.07, subdivision 2; 414.08; 419.12; 420.13; 430.03;
430.031, subdivision 4; 458A.06, subdivision 4;
462.14, subdivision 12; 462.715; 465.43; 473.413,
subdivision 4; 473.675, subdivision 4; 480.054;
480.055, subdivision 1; 480.061, subdivision 8;
480.062; 480.07; 480.19; 480A.01, subdivision 2;
480A.02, by adding a subdivision; 480A.04; 480A.06,
subdivision 1; 480A.08, subdivision 3; 481.02,
subdivisions 3 and 6; 481.15, subdivision 2; 482.07,
subdivision 8; 485.16; 487.39; 488A.01, subdivision
14; 488A.17, subdivision 12; 488A.18, subdivision 14;
488A.34, subdivision 11; 501.35; 508.29; 508A.29;
525.71; 525.714; 525.73; 548.29, subdivision 2;
558.215; 562.04; 571.64; 574.18; 582.11; 586.09;
586.11; 586.12; 589.02; 589.29; 589.30; 590.01,
subdivision 1; 590.04, subdivision 3; 590.06; 595.024,
subdivision 3; 595.025, subdivision 3; 606.04; 609.39;
611.07, subdivisions 2 and 3; 611.071, subdivisions 1
and 2; 611.14; 611.18; 611.25; 645.44, by adding a
subdivision; and 648.39, subdivision 1; amending Laws
1982, chapter 501, section 27; proposing new law coded
in Minnesota Statutes, chapter 606; repealing
Minnesota Statutes 1982, sections 14.70; 72A.24,
subdivision 2; 80A.24, subdivision 3; 177.29,
subdivisions 2 and 3; 216.24; 216.271; 216B.52,
subdivisions 2, 3, 4, and 5; 216B.55; 360.072,
subdivisions 2, 3, 4, and 5; 363.10; 375.67,
subdivisions 2 and 3; 484.63; 525.711; and 525.74; and
Laws 1982, chapter 501, sections 17, 18, 19, and 25.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 2.724,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] To promote and secure more efficient
administration of justice, the chief justice of the supreme
court of the state shall supervise and coordinate the work of
the courts of the state. The supreme court may provide by rule
that the chief justice not be required to write opinions as a
member of the supreme court. Its rules may further provide for
it to hear and consider cases in divisions, and. It may by rule
assign temporarily any retired justice of the supreme court or
one judge of the court of appeals or district court judge at a
time to act as a justice of the supreme court or any number of
justices or retired justices of the supreme court to act as
judges of the court of appeals. Upon the assignment of a court
of appeals judge or a district court judge to act as a justice
of the supreme court, a district court judge previously acting
as a justice may continue to so act to complete his duties. Any
number of justices may disqualify themselves from hearing and
considering a case, in which event the supreme court may assign
temporarily a retired justice of the supreme court or, a court
of appeals judge, or a district court judge to hear and consider
the case in place of each disqualified justice. At any time
that a retired justice is acting as a justice of the supreme
court or judge of the court of appeals under this section, he
shall receive, in addition to his retirement pay, a further sum,
to be paid out of the general fund of the state, as shall afford
him an amount to make his total compensation equal to the same
salary as an associate a justice or judge of the supreme court
on which he is acting.
Sec. 2. Minnesota Statutes 1982, section 3.737,
subdivision 4, is amended to read:
Subd. 4. [COMMISSIONER'S DETERMINATION; APPEALS.] If the
commissioner finds that the livestock owner has shown that the
loss of his livestock was caused more probably than not by an
animal classified as an endangered species, the commissioner
shall pay compensation as provided in this section and in the
rules of the department.
If the commissioner denies any compensation claimed by a
livestock owner under this section, the commissioner shall issue
a written decision based upon the available evidence which shall
include specification of the facts upon which the decision is
based and the conclusions on the material issues of the claim.
A copy of the decision shall be transmitted to the livestock
owner by first class mail.
A decision denying compensation claimed under this section
is not subject to the contested case review procedures of
chapter 14, but may be reviewed upon a trial de novo in the
county court in the county where the loss occurred. The
decision of the county court may be appealed to the district
court and supreme court in the same manner as any in other civil
action is appealed cases. Review in the county court may be
obtained by the filing of a petition for review with the clerk
of the county court within 60 days following receipt of a
decision under this section. Upon the filing of a petition, the
clerk of the county court shall mail a copy thereof of it to the
commissioner and set a time for hearing which shall be held
within 90 days of the filing of the petition.
Sec. 3. Minnesota Statutes 1982, section 3.751,
subdivision 4, is amended to read:
Subd. 4. [APPEAL.] An appeal from any final order or
judgment in such the action may be taken to the supreme court in
the same manner as appeals in ordinary other civil actions
cases.
Sec. 4. Minnesota Statutes 1982, section 5.08, subdivision
2, is amended to read:
Subd. 2. [DISTRIBUTION.] 15,000 copies of the legislative
manual shall be printed and distributed as follows:
(1) up Up to 25 copies shall be available to each member of
the legislature on request;
(2) 50 copies to the state historical society;
(3) 25 copies to the state university;
(4) 60 copies to the state library;
(5) Two copies each to the library of Congress, the
Minnesota veterans home, the state universities, the state high
schools, the public academies, seminaries, and colleges of the
state, and the free public libraries of the state;
(6) One copy each to the other state institutions not
hereinbefore mentioned, the elective state officials, the
appointed heads of departments, the officers and employees of
the legislature, the justices of the supreme court, the judges
of the court of appeals and the district court, the senators and
representatives in Congress from this state, and the county
auditors;
(7) One copy to each public school, to be distributed
through the superintendent of each school district; and
(8) The remainder may be disposed of as the secretary of
state deems best.
Sec. 5. Minnesota Statutes 1982, section 10A.01,
subdivision 5, is amended to read:
Subd. 5. [CANDIDATE.] "Candidate" means an individual who
seeks nomination or election to any statewide or legislative
office for which reporting is not required under federal laws.
The term candidate shall also include an individual who seeks
nomination or election to supreme court, court of appeals,
district court, county court, probate court, or county municipal
court judgeships of the state. An individual shall be deemed to
seek nomination or election if he has taken the action necessary
under the law of the state of Minnesota to qualify himself for
nomination or election, has received contributions or made
expenditures in excess of $100, or has given his implicit or
explicit consent for any other person to receive contributions
or make expenditures in excess of $100, for the purpose of
bringing about his nomination or election. A candidate remains
a candidate until his principal campaign committee is dissolved
as provided in section 10A.24.
Sec. 6. Minnesota Statutes 1982, section 10A.01,
subdivision 19, is amended to read:
Subd. 19. [OFFICE HOLDER.] "Office holder" means an
individual who holds any statewide or legislative office, except
a federal office for which candidates are required to report
under federal laws, state supreme court justice or, and judges
of the court of appeals, district court judge, county court,
probate court, or county municipal court.
Sec. 7. Minnesota Statutes 1982, section 14.45, is amended
to read:
14.45 [RULE DECLARED INVALID.]
In proceedings under section 14.44, the court shall declare
the rule invalid if it finds that it violates constitutional
provisions or exceeds the statutory authority of the agency or
was adopted without compliance with statutory rulemaking
procedures. Any party to proceedings under section 14.44,
including the agency, may appeal an adverse decision of the
district court to the supreme court court of appeals as in other
civil cases.
Sec. 8. Minnesota Statutes 1982, section 14.62,
subdivision 2, is amended to read:
Subd. 2. [FAILURE TO MAKE DECISION.] Unless otherwise
provided by law, if an agency fails to render a decision and
order in a contested case within 90 days after the submission of
the final hearing examiner report and subsequent exceptions and
arguments under section 14.61, if any, any party may petition
the district court of appeals for an order requiring the agency
to render a decision and order on the contested case within such
time as the court determines to be appropriate. The order shall
be issued unless the agency shows that further delay is
reasonable.
Sec. 9. Minnesota Statutes 1982, section 14.63, is amended
to read:
14.63 [APPLICATION.]
Any person aggrieved by a final decision in a contested
case is entitled to judicial review of the decision under the
provisions of sections 14.63 to 14.68, but nothing in sections
14.63 to 14.68 shall be deemed to prevent resort to other means
of review, redress, relief, or trial de novo provided by law now
or hereafter enacted. A petition for a writ of certiorari by an
aggrieved person for judicial review under sections 14.63 to
14.68 must be filed with the district court of appeals and
served on the agency not more than 30 days after the party
receives the final decision and order of the agency.
Sec. 10. Minnesota Statutes 1982, section 14.64, is
amended to read:
14.64 [PETITION; SERVICE.]
Proceedings for review under sections 14.63 to 14.68 shall
be instituted by serving a petition for a writ of certiorari
personally or by certified mail upon the agency and by promptly
filing the petition proof of service in the office of the clerk
of district court for the county where the agency has its
principal office or the county of residence of the petitioners
the appellate courts and the matter shall proceed in the manner
provided by the rules of civil appellate procedure.
In case If a request for rehearing or reconsideration shall
have been is made within ten days after the decision and order
of the agency, the 30-day period provided in section 14.63 shall
not begin to run until service of the order finally disposing of
the application for rehearing or reconsideration, but. Nothing
herein shall be construed as requiring that an application for
rehearing or reconsideration be filed with and disposed of by
the agency as a prerequisite to the institution of a review
proceeding under sections 14.63 to 14.68.
The petition shall state the nature of the petitioner's
interest, the facts showing the petitioner is aggrieved and is
affected by the decision, and the ground or grounds upon which
the petitioner contends that the decision should be reversed or
modified. The petition may be amended by leave of court
although the time for serving the petition has expired. The
petition shall be entitled in the name of the person serving the
petition as petitioner and the name of the agency whose decision
is sought to be reviewed as respondent. Copies of the petition
writ shall be served, personally or by certified mail, not later
than 30 days after the institution of the proceeding, upon all
parties who appeared to the proceeding before the agency in the
proceeding in which the order sought to be reviewed was made;
and. For the purpose of such service, the agency upon request
shall certify to the petitioner the names and addresses of all
such parties as disclosed by its records, which. The agency's
certification shall be conclusive. The agency and all parties
to the proceeding before it shall have the right to participate
in the proceedings for review. The court in its discretion may
permit other interested parties to intervene A copy of the
petition shall be provided to the attorney general at the time
of service of the parties.
Every person served with the petition for review as
provided in sections 14.63 to 14.68 and who desires to
participate in the proceedings for review thereby instituted
shall serve upon the petitioner, within 20 days after service of
the petition upon such person, a notice of appearance stating
his position with reference to the affirmance, vacation,
reversal or modification of the order or decision under review.
Such notice, other than by the named respondent, shall also be
served on the named respondent and the attorney general and
shall be filed, together with proof of service thereof, with the
clerk of the reviewing court within ten days after such
service. Service of all subsequent papers or notices in such
proceedings need be made only upon the petitioner, the named
respondent, the attorney general, and such other persons as have
served and filed the notice as herein provided, or have been
permitted to intervene in said proceedings as parties thereto by
order of the reviewing court.
Sec. 11. Minnesota Statutes 1982, section 14.65, is
amended to read:
14.65 [STAY OF DECISION; STAY OF OTHER APPEALS.]
The filing of the petition writ of certiorari shall not
stay the enforcement of the agency decision; but the agency may
do so, or the reviewing court of appeals may order a stay upon
such terms as it deems proper. When review of or an appeal from
a final decision is commenced under sections 14.63 to 14.68 in
any district the court of this state appeals, any other later
appeal under sections 14.63 to 14.68 from such the final
decision involving the same subject matter shall be stayed until
final decision of the first appeal.
Sec. 12. Minnesota Statutes 1982, section 14.66, is
amended to read:
14.66 [TRANSMITTAL OF RECORD.]
Within 30 days after service of the petition writ of
certiorari, or within such any further time as the court may
allow allows, the agency shall transmit to the reviewing court
the original or a certified copy of the entire record of the
proceeding under review; but,. By stipulation of all parties to
the review proceeding, the record may be shortened. Any party
unreasonably refusing to stipulate to limit the record may be
taxed by the court for the additional costs. The court may
require or permit subsequent corrections or additions to the
record when deemed desirable.
Sec. 13. Minnesota Statutes 1982, section 14.67, is
amended to read:
14.67 [NEW EVIDENCE, HEARING BY AGENCY.]
If, before the date set for hearing, application is made to
the court of appeals for leave to present additional evidence on
the issues in the case, and it is shown to the satisfaction of
the court that the additional evidence is material and that
there were good reasons for failure to present it in the
proceeding before the agency, the court may order that the
additional evidence be taken before the agency upon such
conditions as the court deems proper. The agency may modify its
findings and decision by reason of the additional evidence and
shall file with the reviewing court, to become a part of the
record, the additional evidence, together with any modifications
or new findings or decision.
Sec. 14. Minnesota Statutes 1982, section 14.68, is
amended to read:
14.68 [PROCEDURE ON REVIEW.]
The review shall be conducted by the court without a jury
and shall be confined to the record, except that in cases of
alleged irregularities in procedure, not shown in the record,
testimony thereon may be taken in the court of appeals may
transfer the case to the district court for the county in which
the agency has its principal office or the county in which the
contested case hearing was held. The district court shall, upon
request, hear oral argument and receive written briefs. Except
as otherwise provided all proceedings shall be conducted
according to the rules of civil procedure have jurisdiction to
take testimony and to hear and determine the alleged
irregularities in procedure. Appeal from the district court
determination may be taken to the court of appeals as in other
civil cases.
Sec. 15. Minnesota Statutes 1982, section 15A.18, is
amended to read:
15A.18 [SUPREME COURT APPELLATE COURTS EMPLOYEES.]
Within the limits of the their appropriations for the
salaries thereof and subject to the conditions of such the
appropriations, the supreme court appellate courts may employ a
supreme court reporter, a marshal, and such additional
technical, clerical, stenographic, and other personnel as is
necessary.
Sec. 16. Minnesota Statutes 1982, section 16.863, is
amended to read:
16.863 [APPEALS.]
Any person aggrieved by the final decision of any
municipality as to the application of the code, including any
rules promulgated pursuant to sections 471.465 to 471.469, may,
within 30 days of said the decision, appeal to the commissioner.
Appellant shall submit a fee of $20, payable to the
commissioner, with his request for appeal. The final decision
of the involved municipality shall be subject to review de novo
by the commissioner or his designee, and. The commissioner
shall submit his written findings to the involved parties. Any
person aggrieved by any ruling of the commissioner may appeal to
the district court in the county in which the dispute arose in
accordance with chapter 14. For the purpose of this section
"any person aggrieved" shall include includes the state council
for the handicapped. No fee shall be required when the council
for the handicapped is the appellant.
Sec. 17. Minnesota Statutes 1982, section 25.43,
subdivision 5, is amended to read:
Subd. 5. [APPEAL.] Any person adversely affected by an
act, order, or ruling made pursuant to the provisions of
sections 25.31 to 25.44 may bring action in the district court
for seek judicial review of such actions in accordance with
sections 14.63 to 14.70 chapter 14.
Sec. 18. Minnesota Statutes 1982, section 32A.09,
subdivision 5, is amended to read:
Subd. 5. [HEARING; ORDER; APPEAL.] (a) Whenever the
commissioner shall have has reason to believe that any person is
violating any of the provisions of sections 32A.01 to 32A.09,
and acts amendatory thereof, or any promulgated rule, and it
shall appear appears to the commissioner that a proceeding in
respect thereof action is warranted, he shall serve upon such
the person or persons a complaint stating his charges in that
respect containing. The complaint shall contain a notice of
hearing upon a day and at a place therein fixed at least twenty
days after the service of said the complaint. The person or
persons so complained of shall have has the right to appear at
the place and time so fixed and show cause why an order should
not be entered by the commissioner requiring such the person or
persons to cease and desist from the violation of the law so
charged in said the complaint. Any person may make application
apply, and upon good cause shown, may be allowed by the
commissioner to intervene and appear in said the proceeding by
counsel or in person. The testimony in any such the proceeding
shall be reduced to writing and filed in the office of the
commissioner. If, upon such hearing, the commissioner shall be
is of the opinion that there has been a violation of any of the
provisions of sections 32A.01 to 32A.09, and acts amendatory
thereof, or any promulgated rule, he shall make a report in
writing in which he shall state his findings as to the facts and.
He shall issue and cause to be served upon such the person or
persons an order requiring them the person to cease and desist
from such the violation. The commissioner may at any time after
notice and opportunity for hearing, reopen and alter, modify or
set aside, in whole or in part, any order issued by him under
this section, whenever in he believes the opinion of the
commissioner conditions so justify it.
(b) Any person required by an order of the commissioner to
cease and desist from any act or practice may obtain a review of
such the order in the district courts of this state court by
filing in the court, within twenty days from the date of service
of such the order a written petition praying that the order of
the commissioner be set aside. A copy of such the petition
shall be forthwith served upon the commissioner and thereupon.
The commissioner shall then certify and file in the court a
transcript of the entire record and order of the commissioner.
Upon the filing of the petition and transcript, the court shall
have has jurisdiction of the proceeding and of the question
determined herein and shall have power to. The court may (1)
make and enter upon the pleadings, evidence and proceedings set
forth in such the transcript a decree, affirming, modifying, or
setting aside the order of the commissioner or enforcing the
same it to the extent that such the order is affirmed, and to
(2) issue such writs as are ancillary to its jurisdiction or are
necessary in its judgment to prevent injury to the public or to
competitors pendente lite. The findings of the commissioner as
to the facts, if supported by the evidence in the proceeding
before the commissioner, shall be are conclusive. To the extent
that the order of the commissioner is affirmed, the court shall
thereupon issue its own order commanding obedience to the terms
of such the order of the commissioner. If either party shall
apply applies to the court for leave to adduce additional
evidence, and shall show shows to the satisfaction of the court
that such the additional evidence is material and that there
were reasonable grounds for the failure to adduce such the
evidence in the proceeding before the commissioner, the court
may order such that the additional evidence to be taken before
the commissioner and to. The evidence shall be adduced upon the
hearing in such the manner and upon such the terms and
conditions as the court may deem deems proper. The commissioner
may modify his findings as to the facts, or make new findings,
by reason of the additional evidence so taken and. He shall
file such the modified or new findings which, if supported by
the evidence, shall be conclusive and his recommendation, if
any, for the modification or setting aside of his original order
with the return of such the additional evidence. The judgment
and decree of the court shall be final, except that the same
shall be it is subject to review by the supreme court of
appeals.
(c) Violations of any cease and desist order of the
commissioner shall be punished by the district court under
existing the laws of contempt. Each day of failure to obey a
cease and desist order of the commissioner may be deemed a
separate violation and each violation of a particular act
enjoined by the court may be deemed a separate violation.
Sec. 19. Minnesota Statutes 1982, section 43A.02,
subdivision 25, is amended to read:
Subd. 25. [JUDICIAL BRANCH.] "Judicial branch" means all
justices judges of the supreme court appellate courts, all
employees of the supreme court appellate courts, including
commissions, boards and committees established by the supreme
court, the board of law examiners, the law library, the office
of the public defender, and all judges of all courts of law and
other agencies placed in the judicial branch by law.
Sec. 20. Minnesota Statutes 1982, section 43A.24,
subdivision 2, is amended to read:
Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons
are eligible for state paid life insurance and hospital, medical
and dental benefits as determined in applicable collective
bargaining agreements or by the commissioner or by plans
pursuant to section 43A.18, subdivision 6, or by the Board of
Regents for employees of the University of Minnesota not covered
by collective bargaining agreements.
(a) A member of the state legislature, provided that
changes in benefits resulting in increased costs to the state
shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible
member of the state legislature may decline to be enrolled for
state paid coverages by filing a written waiver with the
commissioner, provided that. The waiver shall not prohibit the
member from enrolling himself or his dependents for optional
coverages, without cost to the state, as provided for in section
43A.26. A member of the state legislature who returns from a
leave of absence to a position he previously occupied in the
civil service shall be eligible to receive the life insurance
and hospital, medical and dental benefits to which his position
is entitled;
(b) A permanent employee of the legislature or a permanent
employee of a permanent study or interim committee or commission
or a state employee on leave of absence to work for the
legislature, during a regular or special legislative session;
(c) A judge of the supreme court appellate courts or an
officer or employee of the court these courts; a judge of the
district court, a judge of county court, a judge of county
municipal court, or a judge of probate court; a district
administrator; and an employee of the office of the district
administrator of the fifth or the eighth judicial districts;
(d) A salaried employee of the public employees retirement
association;
(e) A full-time military or civilian officer or employee in
the unclassified service of the department of military affairs
whose salary is paid from state funds;
(f) A salaried employee of the Minnesota historical
society, whether paid from state funds or otherwise, who is not
a member of the governing board;
(g) An employee of the regents of the University of
Minnesota; and
(h) Notwithstanding section 43A.27, subdivision 3, an
employee of the state of Minnesota or the regents of the
University of Minnesota who is at least 60 and not yet 65 years
of age on July 1, 1982 who is otherwise eligible for employee
and dependent insurance and benefits pursuant to section 43A.18
or other law, who has at least 20 years of service and retires,
earlier than required, within 60 days of March 23, 1982; or an
employee who is at least 60 and not yet 65 years of age on July
1, 1982 who has at least 20 years of state service and retires,
earlier than required, from employment at Rochester state
hospital after July 1, 1981; or an employee who is at least 55
and not yet 65 years of age on July 1, 1982 and is covered by
the Minnesota state retirement system correctional employee
retirement plan or the state patrol retirement fund, who has at
least 20 years of state service and retires, earlier than
required, within 60 days of March 23, 1982. For purposes of
this clause, a person retires when the person terminates active
employment in state or University of Minnesota service and
applies for a retirement annuity. Eligibility shall cease when
the retired employee attains the age of 65, or when the employee
chooses not to receive the annuity that the employee has applied
for. The retired employee shall be eligible for coverages to
which he was entitled at the time of retirement, subject to any
changes in coverage through collective bargaining or plans
established pursuant to section 43A.18, for employees in
positions equivalent to that from which he retired, provided
that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant
health insurance benefits provided through the federally
sponsored medicare program. The commissioner and the regents of
the University of Minnesota shall provide employees who are
eligible to retire and receive the benefits provided by this
clause with notice of this option no later than 30 days after
March 23, 1982.
Sec. 21. Minnesota Statutes 1982, section 43A.27,
subdivision 4, is amended to read:
Subd. 4. [RETIRED JUDGES; FORMER LEGISLATORS.] A retired
judge or a former legislator may elect to purchase coverage for
themselves or their dependents at their own expense as provided
below:
(a) A retired judge of the state supreme court, the court
of appeals, a district court, a county court, a county municipal
court, or a probate court may elect to purchase coverage
provided persons listed in section 43A.24, subdivision 2, clause
(c), provided that the retired judge exercises this option
within 30 days of the effective date of retirement; or
(b) A former member of the legislature may elect to
purchase coverage provided persons listed in section 43A.24,
subdivision 2, clause (a).
Sec. 22. Minnesota Statutes 1982, section 44.09,
subdivision 3, is amended to read:
Subd. 3. [TO SUPREME COURT APPEAL.] The employee or the
appointing authority may appeal from the district court to the
supreme court in the same manner as provided for in other court
civil cases.
Sec. 23. Minnesota Statutes 1982, section 45.07, is
amended to read:
45.07 [CHARTERS ISSUED, CONDITIONS.]
If (1) the applicants are of good moral character and
financial integrity, if (2) there is a reasonable public demand
for this bank in this location, if (3) the organization expenses
being paid by the subscribing shareholders do not exceed the
necessary legal expenses incurred in drawing incorporation
papers and the publication and the recording thereof, as
required by law, if (4) the probable volume of business in this
location is sufficient to insure and maintain the solvency of
the new bank and the solvency of the then existing bank or banks
in the locality without endangering the safety of any bank in
the locality as a place of deposit of public and private money,
and if (5) the department of commerce is satisfied that the
proposed bank will be properly and safely managed, the
application shall be granted. Otherwise it shall be denied. In
case of the denial of the application, the department of
commerce shall specify the grounds for the denial and the
supreme court, upon petition of. Any person aggrieved, may
review by certiorari any such obtain judicial review of the
order or determination of the department of commerce in
accordance with chapter 14.
Sec. 24. Minnesota Statutes 1982, section 45.17,
subdivision 5, is amended to read:
Subd. 5. [STANDING.] The consumer services section shall
be deemed to have has an interest sufficient to maintain,
intervene as of right in, or otherwise participate in any civil
action in the trial courts or supreme court of this state for
the review or enforcement of any public utilities commission
action which affects a public utility's rates or adequacy of
service to residential utility consumers.
Sec. 25. Minnesota Statutes 1982, section 47.54,
subdivision 5, is amended to read:
Subd. 5. [EXPIRATION AND EXTENSION OF ORDER.] If a
facility is not activated within 18 months from the date of the
order, the approval order shall automatically expire expires.
Upon request of the applicant prior to the automatic expiration
date of the order, the commissioner may grant reasonable
extensions of time to the applicant to activate the facility as
the commissioner deems necessary, but. The extensions of time
shall not exceed a total of an additional 12 months. If the
commissioner's order is the subject of an appeal to the district
court in accordance with chapter 14, the time period referred to
in this section for activation of the facility and any
extensions shall begin when all appeals or rights of appeal from
the commissioner's order have concluded or expired.
Sec. 26. Minnesota Statutes 1982, section 49.18, is
amended to read:
49.18 [REVIEW OF ORDERS OF COMMISSIONER.]
This The order shall be is a conclusive determination that
the necessity for the levying of the assessment exists;
provided, that the corporation, or any stockholder or creditor
thereof, may secure a review of the commissioner's order by
serving a notice so requesting review upon the commissioner
within 20 days after the service of the order upon the aggrieved
party. This notice, with proof of service thereof, shall be
filed within ten days after service with the clerk of the
district court in the county where the corporation has its
principal place of business. The district court shall thereupon
have then has jurisdiction to consider the necessity of levying
the assessment, and. It shall hear and determine the matter de
novo in or out of term at any place in the district. This
hearing shall take precedence of all other matters and may be
held upon ten days written notice by either party. The judge
shall make such order in the premises as is proper, and may
affirm, vacate, or modify the commissioner's order, and. An
appeal may be taken therefrom to the supreme court as in other
civil cases. During the pendency of the appeal the commissioner
of banks shall remain in charge of the business, property, and
assets of the corporation involved.
Sec. 27. Minnesota Statutes 1982, section 56.23, is
amended to read:
56.23 [APPEALS.]
Any applicant or licensee may appeal from any decision or
order of the commissioner to the district court of the county of
appeals in accordance with which his business is to be or is
being conducted under this chapter 14 at any time within 20 days
after service of the decision or order upon him, by service of a
written notice of appeal upon the commissioner. Upon service of
the notice of appeal, the commissioner shall forthwith file with
the clerk of the court to which appeal is taken a certified copy
of the decision or order under appeal, together with the
findings of fact upon which it is based. The appellant shall,
within five days after serving the notice of appeal, file the
same, with proof of service, with the clerk of the court to
which appeal is taken; and thereupon the court shall have
jurisdiction over the appeal and the same shall be entered upon
the records of the court. Within 20 days after filing of the
notice of appeal with the clerk of court, the appellant shall
serve upon the commissioner a complaint setting forth his cause
of action and, within 20 days thereafter, the commissioner shall
serve his answer. Thereafter the case shall be tried according
to the rules relating to the trial of civil actions so far as
the same are applicable.
On appeal the certified findings of fact filed by the
commissioner shall be prima facie evidence of the matters
therein stated and the decision or order shall be prima facie
lawful and reasonable. The burden of proof upon all issues
raised by the appeal shall be on the appellant.
If the court determines that the decision or order appealed
from is lawful and reasonable, it shall be affirmed and the
decision or order shall be given effect as in this chapter
provided. If the court determines that the decision or order is
unlawful or unreasonable, it shall be reversed and the
commissioner shall forthwith issue or reinstate the license
which is the subject of the decision or order, and in all cases
where the issuance or revocation of a license is not the subject
of the decision or order, the commissioner shall amend his
decision or order to conform to the findings and order of the
court.
An appeal hereunder shall not stay or supersede the
decision or order appealed from unless the court, upon an
examination of the decision or order and the return made on the
appeal, and after giving the commissioner notice and opportunity
to be heard, so directs.
Any party to an appeal in district court under the
provisions of this section may appeal to the supreme court as in
ordinary civil actions.
If an appeal is not taken from an order of the commissioner
according to the provisions of this section, the decision or
order of the commissioner shall be final and the person affected
thereby shall be deemed to have waived the right to have the
decision or order or the findings of fact upon which it was
based reviewed by a court.
Sec. 28. Minnesota Statutes 1982, section 60A.05, is
amended to read:
60A.05 [SUSPENSION OF AUTHORITY.]
If the commissioner is of the opinion believes, upon
examination or other evidence, that a foreign or domestic
insurance company is in an unsound condition or, if a life
insurance company, that its actual funds are less than its
liabilities, or that it is insolvent; or if a foreign or
domestic insurance company has failed to comply with the law, or
if it, its officers, or agents, refuse to submit to examination,
or to perform any legal obligation in relation thereto, and he
believes protection of the interests of policyholders,
claimants, or the general public requires summary action, he may
revoke or suspend all certificates of authority granted to it or
its agents, and. He shall cause notification thereof of his
action to be published in a newspaper authorized to publish
annual statements of insurance companies, and no new business
shall thereafter be done by it, or its agents, in this state
while the default or disability continues, nor until its
authority to do business is restored by the commissioner. The
revocation or suspension will be is effective ten days after
notice to the company unless the ground for revocation or
suspension relates only to the financial condition or soundness
of the company or to a deficiency in its assets, in which case
revocation and suspension will be is effective upon notice to
the company. The notice shall specify the particulars of the
supposed violation. The district court of any county, upon
petition of the company, shall summarily hear and determine the
question whether the ground for revocation or suspension exists,
and. The court shall make any proper order or decree therein,
and enforce the same it by any appropriate process. If the
order or decree is adverse to the petitioning company, an appeal
therefrom may be taken to the supreme court; and, as in other
civil cases. In the case of appeal, the commissioner may issue
his order revoking the right of the petitioning company to do
business in this state until the final determination of the
question by the supreme court. Neither this section nor any
proceedings thereunder under it shall affect any criminal
prosecutions or proceeding for the enforcement of any fine,
penalty, or forfeiture.
Sec. 29. Minnesota Statutes 1982, section 60A.15,
subdivision 11, is amended to read:
Subd. 11. [APPEALS.] Either party to an action or a
judgment for the recovery of any taxes, interest, or penalties
under subdivision 10 hereof, may remove the judgment to the
supreme court by appeal, as provided for appeals in other civil
cases.
Sec. 30. Minnesota Statutes 1982, section 60A.15,
subdivision 12, is amended to read:
Subd. 12. [OVERPAYMENTS, CLAIMS FOR REFUND.] (1)
[PROCEDURE, TIME LIMIT, APPROPRIATION.] A company who has paid,
voluntarily or otherwise, or from whom there has been collected
an amount of tax for any year in excess of the amount legally
due for that year, may file with the commissioner of insurance a
claim for a refund of such the excess. Except as provided in
subdivision 11, no such claim shall be entertained unless filed
within two years after such the tax was paid or collected, or
within 3-1/2 years from the filing of the return, whichever
period is the longer.
Upon the filing of a claim, the commissioner of insurance
shall examine the same it and shall make and file written
findings thereon denying or allowing the claim in whole or in
part and. He shall mail a notice thereof to the company at the
address stated upon the return. If such the claim is allowed in
whole or in part, the commissioner shall issue his certificate
for the refundment of the excess paid by the company, with
interest at the rate of two percent per annum computed from the
date of the payment or collection of the tax until the date the
refund is paid to the company, and. The commissioner of finance
shall cause such pay the refund to be paid out of the proceeds
of the taxes imposed by this section, as other state moneys are
expended. So As much of the proceeds of such the taxes as may
be necessary are hereby appropriated for that purpose.
(2) [DENIAL OF CLAIM, COURT PROCEEDINGS.] If the claim is
denied in whole or in part, the company may commence an action
against the commissioner to recover any overpayments of taxes
claimed to be refundable but for which the commissioner has
issued no certificate of refundment. Such The action may be
brought in the district court of the district in which lies the
county of its principal place of business, or in the district
court for Ramsey county. Such The action may be commenced after
the expiration of six months after the claim is filed if the
commissioner has not then taken final action thereon, and on
it. The action shall be commenced within 18 months after the
notice of the order denying the claim.
(3) [DENIAL OF CLAIM, APPEAL.] Either party to said the
action may appeal to the supreme court as in other civil cases.
(4) [CONSENT TO EXTEND TIME.] If the commissioner and the
company have, within the periods prescribed in clause (1),
consented in writing to any extension of time for the assessment
of the tax, the period within which a claim for refund may be
filed, or a refund may be made or allowed, if no claim is filed,
shall be the period within which the commissioner and the
company have consented to an extension for the assessment of the
tax and six months thereafter, provided, however, that. The
period within which a claim for refund may be filed shall not
expire prior to two years after the tax was paid.
(5) [OVERPAYMENTS; REFUNDS.] If the amount determined to be
an overpayment exceeds the taxes imposed by this section, the
amount of such excess shall be considered an overpayment. An
amount paid as tax shall constitute constitutes an overpayment
even if in fact there was no tax liability with respect to which
such the amount was paid.
Notwithstanding any other provision of law to the contrary,
in the case of any overpayment, the commissioner of insurance,
within the applicable period of limitations, shall refund any
balance of more than one dollar to such the company if the
company shall so request requests the refund.
Sec. 31. Minnesota Statutes 1982, section 62A.02,
subdivision 6, is amended to read:
Subd. 6. [COURT REVIEW APPEAL.] Any order or decision of
the commissioner under this section shall be subject to review
by writ of certiorari at the instance of any party appeal in
interest. In the case of disapproval or withdrawal of approval
of a form previously in use the court shall determine whether
the petition for such writ shall operate as a stay of any such
order or decision. The court may, in disposing of the issue
before it, modify, affirm, or reverse the order or decision of
the commissioner in whole or in part accordance with chapter 14.
Sec. 32. Minnesota Statutes 1982, section 62C.14,
subdivision 12, is amended to read:
Subd. 12. [APPEAL.] An order or decision of the
commissioner under this section shall be subject to review by
writ of certiorari at the instance of any party appeal in
interest. In the case of disapproval of a form previously in
use, the court shall determine whether the petition for the writ
shall stay the order or decision. The court may modify, affirm,
or reverse the order or decision of the commissioner in whole or
in part accordance with chapter 14.
Sec. 33. Minnesota Statutes 1982, section 62G.16,
subdivision 11, is amended to read:
Subd. 11. [APPEAL.] An order or decision of the
commissioner under this section shall be subject to review by
writ of certiorari at the instance of any party appeal in
interest. In the case of disapproval of a form previously in
use, the court shall determine whether the petition for the writ
shall stay the order or decision. The court may modify, affirm,
or reverse the order or decision of the commissioner in whole or
in part accordance with chapter 14.
Sec. 34. Minnesota Statutes 1982, section 65B.04,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTION; APPROVAL BY COMMISSIONER.] The
initial governing committee shall adopt a plan of operation by
majority vote of the committee and shall submit it to the
commissioner for approval. If the commissioner finds that the
plan of operation meets the requirements of Laws 1971, Chapter
813 this chapter, he shall approve it and it will then be in
effect. If he finds that the plan fails to meet the
requirements of Laws 1971, Chapter 813 this chapter, the
commissioner shall disapprove the plan, returning it to the
governing committee with his statement on the deficiencies which
have caused him to disapprove the plan, and the governing
committee shall have ten days within which to correct the
deficiencies. If the plan is not returned for approval within
ten days or if, on return, the commissioner determines that it
still does not meet the requirements of Laws 1971, Chapter 813
this chapter, the commissioner shall amend the plan which was
submitted by the governing committee to comply with Laws 1971,
Chapter 813 this chapter, and shall, by order, effect the plan
of operation. The action of the commissioner may be reviewed on
a writ of certiorari from the district court for Ramsey county
appealed in accordance with chapter 14.
Sec. 35. Minnesota Statutes 1982, section 70A.22,
subdivision 3, is amended to read:
Subd. 3. [CERTIORARI APPEAL.] Any order or decision of the
commissioner shall be subject to review by writ of certiorari at
the instance of any party appeal in interest. The court shall
determine whether the granting of the writ shall operate as a
stay of the order or decision of the commissioner. The court
may, in disposing of the issue before it, modify, affirm or
reverse the order or decision of the commissioner in whole or in
part accordance with chapter 14.
Sec. 36. Minnesota Statutes 1982, section 72A.24,
subdivision 1, is amended to read:
Subdivision 1. [COURT PROCEEDINGS; REVIEW.] Any person
required by an order of the commissioner under section 72A.23 to
cease and desist from engaging in any unfair method of
competition or any unfair or deceptive act or practice defined
in section 72A.20 may obtain a review of that order by filing
appeal in the district court of Ramsey county, within 20 days
from the date of the service of such order, a written petition
praying that the order of the commissioner be set aside. A copy
of the petition shall be forthwith served upon the commissioner,
and thereupon the commissioner forthwith shall certify and file
in that court a transcript of the entire record in the
proceeding, including all the evidence taken and the findings
and order of the commissioner. Upon the filing of the petition
and transcript, said court shall have jurisdiction of the
proceeding and of the questions determined therein, shall
determine whether the filing of such petition shall operate as a
stay of the order of the commissioner, and shall have power to
make and enter upon the pleadings, evidence, and proceedings set
forth in the transcript a decree modifying, affirming, or
reversing the order of the commissioner, in whole or in part.
The findings and order of the commissioner shall be given the
same effect as is given to determinations of administrative
bodies on review by certiorari accordance with chapter 14.
Sec. 37. Minnesota Statutes 1982, section 72A.27, is
amended to read:
72A.27 [APPEAL TO SUPREME COURT.]
Any decree or order of a district court made and entered
under section 72A.24 or order of such a court made under section
72A.25 shall be is subject to review by appeal to the supreme
court, but any such as in other civil cases. The appeal must be
taken within the time prescribed by law for taking appeals from
orders of the district courts.
Sec. 38. Minnesota Statutes 1982, section 79.073, is
amended to read:
79.073 [JUDICIAL REVIEW.]
Final orders of the commissioner pursuant to sections
79.071 and 79.072 are subject to judicial review by writ of
certiorari brought appeal in the district court in Ramsey County
by an interested party of record adversely affected thereby.
The operation of the commissioner's order is not suspended
during judicial review; provided that in the event of a judicial
determination against the validity of the commissioner's order,
the order under review and any subsequent order shall be
modified so as to give effect to the court's ruling. For
purposes of further judicial review, the commissioner is an
aggrieved party to the extent that his orders are modified or
set aside by the district court accordance with chapter 14.
Sec. 39. Minnesota Statutes 1982, section 84.59, is
amended to read:
84.59 [APPEALS TO DISTRICT COURT FROM DETERMINATION OF
COMMISSIONER OF NATURAL RESOURCES.]
Any party in interest may appeal from the determination of
the commissioner to the district court of the county in which
the project is wholly or partly located appeals in accordance
with the provisions of section 105.47, insofar as the provisions
thereof are applicable and may appeal to the supreme court as
provided in said section chapter 14.
Sec. 40. Minnesota Statutes 1982, section 88.78, is
amended to read:
88.78 [APPEALS.]
No appeal shall be allowed from a judgment in any court of
a justice of the peace, or a municipal court, or other similar
court, to the district court in any prosecution under sections
88.03 to 88.22, unless the person appealing shall, within the
time prescribed by law, enter into a recognizance, with
sufficient sureties, or deposit cash bail in twice the amount of
the fine and costs, to be approved by the justice, conditioned
to appear before the district court on the first day of the next
general term thereof to be held in and for the same county, and
abide the judgment of the court therein.
The justice or judge may examine the proposed sureties
under oath and, in such case,. He shall make and keep a record
of their answers in respect to the kinds and amount of their
property not exempt from execution, and. He shall furnish a
copy of the same record to the director.
When an arrest shall have been is made for violation of any
of the provisions of sections 88.03 to 88.22, or when
information of such a violation shall have been is lodged with
him, the county attorney of the county in which the offense was
committed shall prosecute the accused with diligence and energy.
Sec. 41. Minnesota Statutes 1982, section 97.481,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] Before the commissioner acquires
lands by purchase or lease pursuant to this section, he shall
proceed in accordance with this subdivision.
(a) The commissioner shall notify the board of county
commissioners in each county and the town officers in each town
where land is to be acquired and shall furnish the board and the
town officers a description of the land to be acquired. The
county board shall approve or disapprove the proposed
acquisition within 90 days after the commissioner has notified
the county board and the town officers of the proposed
acquisition and furnished the description of the land involved.
An extension of time, not to exceed 30 days, may be given by the
commissioner to a county board. In a county in which a soil and
water conservation district is organized, the supervisors will
act as counselors to the county board regarding the best
utilization and capability of the land proposed for acquisition,
including the questions of drainage and flood control.
(b) If the county board approves an acquisition within the
90-day period or extension thereof, the commissioner may proceed
with the acquisition.
(c) If the county board disapproves an acquisition, it
shall, at the time of its decision, set forth valid reasons for
disapproval. The landowner or the commissioner may appeal the
county board's disapproval to the district court in the county
in which any of the lands are situated. If the district court,
or the supreme an appellate court on appeal, finds that the
county board's disapproval is arbitrary or capricious or that
the reasons stated for disapproval are invalid, or if the county
board fails to give any reasons or fails to act to approve or
disapprove of the acquisition within the 90-day period or
extension thereof, the commissioner or the owner of the land
which the commissioner seeks to acquire may submit the proposed
acquisition to the land exchange board which shall consider the
interests of the county, the state, and the landowner and
determine whether the acquisition will be in the public interest.
(d) The land exchange board shall conduct a hearing upon
each acquisition submitted to it after giving notice to all
interested parties, including, but not limited to, the board of
county commissioners in the county where the land to be acquired
is located, the commissioner, and the owner of the land. The
land exchange board shall hold its hearing and make its decision
within 60 days after submission of the proposed acquisition to
it.
If a majority of the members of the land exchange board
approves the acquisition, the commissioner may proceed with the
acquisition, but. If a majority of the members of the land
exchange board disapproves the acquisition, the commissioner
shall not acquire the property.
Sec. 42. Minnesota Statutes 1982, section 97.50,
subdivision 6, is amended to read:
Subd. 6. [VIOLATION; PERMITS.] The commissioner, director,
game refuge patrolmen, and conservation officers shall seize all
motor vehicles, trailers, and airplanes, used in violation of
section 100.29, subdivisions 10 or 11, or section 97.45,
subdivision 15, and all boats, motors and motor boats used or
possessed in violation of section 98.45 with respect to the
licenses, operations, or species of fish specified in section
98.46, subdivisions 10, 11, 12 and 13, or in violation of
sections 102.26, 102.27, or 102.28, or in violation of any order
, or rule, or regulation of the commissioner relating thereto
to those sections, and hold them, subject to the order of the
district court of the county in which the offense was
committed. Such The property so held shall be confiscated after
conviction of the person from whom the same it was seized, upon
compliance with the following procedure:
The commissioner, director, or his agents, shall file with
the court a separate complaint against the property, describing
the same it and charging its use in the specified violation, and
specifying substantially the time and place of the unlawful
use. A copy of the complaint shall be served upon the defendant
or person in charge of the property at the time of seizure, if
any. If the person so arrested shall be is acquitted, the court
shall dismiss the complaint against the property and order the
same it returned to the persons legally entitled thereto to it.
Upon conviction of the person arrested, the court shall issue an
order directed to any person known or believed to have any right
or title or interest in, or lien upon, any of such the property,
and to persons unknown claiming any such right, title, interest
or lien, describing the property and stating that the same it
was seized and that a complaint against the same it, charging
the specified violation, has been filed with the court, and
requiring such those persons to file with the clerk of the court
their answer to the complaint, setting forth any claim they may
have to any right or title to, interest in, or lien upon any
such the property, within ten days after the service of such the
order as herein provided, and notifying them in substance that
if they fail to so file their answer within that time, the
property will be ordered sold by the commissioner or his
agents. The court shall cause the order to be served upon any
person known or believed to have any right, title, interest or
lien as in the case of a summons in a civil action, and upon
unknown persons by publication, as provided for service of
summons in a civil action. If no answer is filed as and within
the time prescribed, the court shall, upon affidavit by the
clerk of the court, setting forth such that fact, order the
property sold by the commissioner or his agents, and. The
proceeds of the sale, after deducting the expense of keeping the
property and fees and costs of sale, shall be paid into the
state treasury, to be credited to the game and fish fund. If an
answer is filed as and within the time herein provided, the
court shall fix a time for hearing, which shall be not less than
10 nor more than 30 days after the time for filing answer
expires. At the time so fixed for hearing, unless continued for
cause, the matter shall be heard and determined by the court,
without a jury, as in other civil actions cases. If the court
shall find finds that the property, or any part thereof of it,
was used in any such violation as specified in the complaint, he
shall order the property so unlawfully used, sold as herein
provided, unless the owner shall show shows to the satisfaction
of the court that he had no notice or, knowledge, or reason to
believe that the property was used or intended to be used in any
such the violation. The officer making any such the sale,
after deducting the expense of keeping the property, the fee for
seizure, and the costs of the sale, shall pay all liens
according to their priority, which are established at the
hearing as being bona fide and as existing without the lienor
having any notice or knowledge that such the property was being
used or was intended to be used for or in connection with any
such the violation as specified in the order of the court, and.
He shall pay the balance of the proceeds into the state treasury
, to the credit of be credited to the game and fish fund. Any
sale under the provisions of this section shall operate to free
the property sold from any and all liens thereon, and on it.
Appeal from such the order of the district court will lie to the
supreme court as in other civil actions cases. At any time
after seizure of the articles specified in this subdivision, and
before the hearing herein provided for, the property shall be
returned to the owner or person having a legal right to
possession thereof of it, upon execution by him of a good and
valid bond to the state of Minnesota, with corporate surety, in
the sum of not less than $100 and not more than double the value
of the property seized, to be approved by the court in which the
case is triable, or a judge thereof, conditioned to abide any
order and the judgment of the court, and to pay the full value
of the property at the time of seizure.
Sec. 43. Minnesota Statutes 1982, section 105.462, is
amended to read:
105.462 [INVESTIGATIONS; ORDERS WITHOUT A PERMIT
APPLICATION.]
When the commissioner determines that the public interest
so requires it, he may investigate on his own motion any
activities being conducted in relation to public waters without
a permit as required by sections 105.37 to 105.55. With or
without a public hearing, the commissioner may make findings and
issue orders as otherwise may be issued pursuant to sections
105.37 to 105.55. A copy of his findings and order shall be
served upon the person to whom the order is issued. If the
commissioner issues his findings and order without a hearing,
the person to whom the order is issued may file with the
commissioner a demand for a hearing, together with the bond
required by section 105.44, subdivision 6, within 30 days after
being served with a copy of the commissioner's order.
Thereafter The matter shall be heard in the same manner and
pursuant to the same laws as an application is heard following a
demand made under section 105.44, subdivision 3, insofar as
applicable. However, If no demand for hearing is made by the
person to whom the order is issued under this section, or if
that person demands a hearing but fails to file the required
bond, the commissioner's order becomes final at the expiration
of 30 days after the person is served with the order and no
appeal of the order may be taken to the district court.
Sec. 44. Minnesota Statutes 1982, section 106.631,
subdivision 5, is amended to read:
Subd. 5. [APPEAL TO SUPREME COURT.] Any party aggrieved by
a final order or judgment rendered on appeal to the district
court, or by the order made in any judicial ditch proceeding
dismissing the petition therefor or establishing or refusing to
establish any judicial ditch, may appeal therefrom to the
supreme court in the manner provided as in other civil actions
cases. Such The appeal shall be made and perfected within 30
days after the filing of the order or entry of judgment. The
notice of appeal shall be served on the clerk of the district
court and need not be served on any other person.
Sec. 45. Minnesota Statutes 1982, section 106.631,
subdivision 6, is amended to read:
Subd. 6. [APPEAL; REPAIR, IMPROVEMENT OR IMPROVEMENT OF
OUTLET.] In any proceeding before the board or court for the
repair pursuant to petition, or for the improvement of any
drainage system, or for public laterals thereto, or for the
improvement of an outlet under section 106.511 or for the
abandonment of any ditch, the same right of appeal to the
district or supreme court shall be had as from a similar order
made in a proceeding to establish a drainage system as herein
provided; and on like grounds and with similar procedure.
Sec. 46. Minnesota Statutes 1982, section 110A.36, is
amended to read:
110A.36 [APPEALS.]
Any party aggrieved by a final order issued pursuant to
section 110A.12 which approves or dismisses a petition or which
refuses or establishes a project or a district, may appeal
therefrom to the supreme court in the manner provided as in
other civil actions cases. The appeal shall be made and
perfected within 30 days after the filing of the order. The
notice of appeal shall be served on the clerk of district court
and the members of the district's board of directors.
Sec. 47. Minnesota Statutes 1982, section 111.42, is
amended to read:
111.42 [MAY APPEAL TO SUPREME COURT.]
All persons or public corporations affected by any order of
the district court, establishing or refusing to establish a
drainage and conservancy district, or affected by any order
approving or refusing to approve the plans and directing the
construction of the improvement, or affected by the
determination of any district court of any assessment of
benefits or damages including the board and the petitioners, may
appeal to the supreme court on any question involved in such the
determination, as in other civil actions cases. The notice of
appeal shall be served on the clerk and need not be served on
any other person or corporation.
Sec. 48. Minnesota Statutes 1982, section 112.82, is
amended to read:
Subdivision 1. [ESTABLISHMENT; APPEAL.] Any party
aggrieved by a final order or judgment rendered on appeal to the
district court or by the original order of the court made in any
proceedings heard and tried before the court as in this chapter
provided, may appeal therefrom to the supreme court in the
manner provided as in other civil actions cases. Such
appeal shall be made and perfected within 30 days after the
filing of the order or entry of judgment. The notice of appeal
shall be served on the clerk of the district court and need not
be served on any other person.
Subd. 2. [REPAIR; APPEAL.] In any proceeding before the
managers for the repair, improvement, maintenance,
consolidation, or abandonment of any of the works of the
district, the same right of appeal to the district or supreme
court shall be had as from a similar order made in a proceeding
to establish the improvement as herein provided and upon like
grounds and with similar procedure other civil cases.
Sec. 49. Minnesota Statutes 1982, section 114.13,
subdivision 4, is amended to read:
Subd. 4. [APPEALS.] Any party aggrieved by any order or
any determination of the commission pursuant to this section may
appeal to the district court or to the circuit court, as the
case may be, of any county in either state in which the subject
matter of the order or the determination is wholly or partially
located, or to the district court of the county in either state
where the its capitol thereof is located. Notice of appeal must
be served upon the commission within 30 days from the last date
of publication of the order appealed from. Appeals may likewise
be taken from the judgments of the district court or the circuit
court as the case may be to the supreme court appellate courts
of its their respective states as in other civil cases.
Sec. 50. Minnesota Statutes 1982, section 115.49,
subdivision 5, is amended to read:
Subd. 5. [APPEALS.] Any party to the contract aggrieved by
a decision or order shall be entitled to judicial review thereof
by serving a petition therefor for review upon the municipality
making the decision or order, and filing the same it with proof
of service in the office of the clerk of such court, all within
30 days after the decision or order has been made and the
parties notified thereof of it. The petition shall state the
nature of the petitioner's interest, and the ground or grounds
upon which the petitioner contends the decision or order should
be reversed or modified. The petition may be amended by leave
of court, though the time for serving the same it has expired.
Within 20 days after service of such the petition for
review, the municipality shall serve upon the petitioner an
answer stating its position with reference to the reversal or
modification of the order or decision under review. Such The
answer, with proof of service thereof, shall be filed with the
clerk of the district court within ten days after such service.
No further pleadings shall be necessary. The review shall be
noticed for trial as in the case of a civil action and shall
take precedence over other civil cases for trial.
The institution of the proceeding for review shall not stay
enforcement of the order or decision, but the court may order a
stay upon such terms as it deems proper.
Within 30 days after service of the petition for review
upon the municipality, or within such further time as the court
may allow, the municipality shall transmit to the court the
original or a certified copy of the entire record of the
proceedings in which such the order or decision under review was
made, but. By stipulation of the parties to the review
proceeding, the record may be shortened by eliminating any
portion thereof of it. The record may be typewritten or printed
and the exhibits may be typewritten, photostated or otherwise
reproduced, or upon motion of any party, or by order of the
court, the original exhibits shall accompany the record. The
court may require or permit substantial corrections or additions
to the record when deemed desirable.
If, before the date set for trial, an application is made
to the court for leave to present additional evidence on the
issues in the case, and it is shown to the satisfaction of the
court that the additional evidence is material, the court may
order that such the additional evidence be taken upon such terms
as the court may deem deems proper.
The review shall be conducted by the court without a jury
and. The court may affirm, reverse or modify the order or
decision if the substantial rights of the petitioner have been
prejudiced as a result of such the order or decision being:
(a) contrary to constitutional rights or privileges; or
(b) in excess of the statutory authority or jurisdiction of
the agency, or affected by other error of law; or
(c) made or promulgated upon unlawful procedure; or
(d) unsupported by substantial evidence in view of the
entire record as submitted; or
(e) arbitrary or capricious.
Any party may appeal from the final judgment of the
district court to the supreme court as in the manner provided by
law for other appeals in civil actions cases.
No party to the review in any court is entitled to recover
therein costs or, attorney's fees or, witness fees, or any
other disbursement.
Sec. 51. Minnesota Statutes 1982, section 116.07,
subdivision 7, is amended to read:
Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL
LOT PERMITS.] Any Minnesota county board may, by resolution,
with approval of the pollution control agency, assume
responsibility for processing applications for such permits as
may be required by the pollution control agency under this
section for livestock feedlots, poultry lots or other animal
lots. The responsibility for such permit application
processing, if assumed by a county, may be delegated by the
county board to any appropriate county officer or employee.
For the purposes of this subdivision, the term "processing"
shall include includes:
(a) the distribution to applicants of forms provided by the
pollution control agency;
(b) the receipt and examination of completed application
forms, and the certification, in writing, to the pollution
control agency either that the animal lot facility for which a
permit is sought by an applicant will comply with applicable
regulations rules and standards, or, if such the facility will
not comply, the respects in which a variance would be required
for the issuance of a permit; and
(c) rendering to applicants, upon request, such assistance
as may be necessary for the proper completion of an application.
For the purposes of this subdivision, the term "processing"
may include, at the option of the county board:
(d) issuing, denying, modifying, imposing conditions upon,
or revoking permits pursuant to the provisions of this section
or regulations rules promulgated hereunder pursuant to it,
subject to review, suspension, and reversal by the pollution
control agency. The pollution control agency shall, after
written notification, have 15 days to review, suspend, modify,
or reverse the issuance of the permit. After this period, the
action of the county board shall be is final, subject to appeal
to the district court as provided in section 115.05 chapter 14.
The pollution control agency, by January 1, 1974, and in
the manner provided by chapter 14, shall adopt rules governing
the issuance and denial of permits for livestock feedlots,
poultry lots or other animal lots pursuant to this section.
These rules shall apply both to permits issued by counties and
to permits issued by the pollution control agency directly.
The pollution control agency shall exercise supervising
authority with respect to the processing of animal lot permit
applications by a county.
Sec. 52. Minnesota Statutes 1982, section 116.11, is
amended to read:
116.11 [EMERGENCY POWERS.]
In the event that If there is imminent and substantial
danger to the health and welfare of the people of the state, or
of any part thereof of them, as a result of the pollution of
air, land, or water; upon such finding, the agency may by
emergency order direct the immediate discontinuance or abatement
of such the pollution without notice and without a hearing or at
the request of the agency, the attorney general of the state may
bring an action in the name of the state in the appropriate
district court for a temporary restraining order to immediately
abate or prevent such the pollution. Such The agency order or
temporary restraining order shall remain effective until notice,
hearing, and determination are effected pursuant to other
provisions of law, or, in the interim, as otherwise ordered.
Such agency order shall be appealable to the appropriate
district court and the provisions of chapter 14 shall govern the
procedure and scope of review on such appeal A final order of
the agency in these cases shall be appealable in accordance with
chapter 14.
Sec. 53. Minnesota Statutes 1982, section 116A.19,
subdivision 4, is amended to read:
Subd. 4. [APPEAL TO SUPREME COURT.] Any party aggrieved by
a final order or judgment rendered on appeal to the district
court, or by the order made in any judicial improvement
proceeding dismissing the petition therefor or establishing or
refusing to establish any judicial improvement or assessing
benefits, may appeal therefrom to the supreme court in the
manner provided as in other civil actions cases. Such
appeal shall be made and perfected within 30 days after the
filing of the order or entry of judgment. The notice of appeal
shall be served on the clerk of the district court and need not
be served on any other person.
Sec. 54. Minnesota Statutes 1982, section 116C.65, is
amended to read:
116C.65 [JUDICIAL REVIEW.]
Any utility, party or person aggrieved by the issuance of a
certificate or emergency certificate of site compatibility or
transmission line construction permit from the board or a
certification of continuing suitability filed by a utility with
the board or by a final order in accordance with any rules
promulgated by the board, may appeal therefrom to any district
the court where such a site or route is to be located of appeals
in accordance with chapter 14. The appeal shall be filed within
60 days after the publication in the state register of notice of
the issuance of the certificate or permit by the board or
certification filed with the board or the filing of any final
order by the board. The notice of appeal to the district court
shall be filed with the clerk of the district court and a copy
thereof mailed to the board and affected utility. Any utility,
party or person aggrieved by a final order or judgment rendered
on appeal to the district court may appeal therefrom to the
supreme court in the manner provided in civil actions. The
scope of judicial review shall be as prescribed in sections
14.63 to 14.68.
Sec. 55. Minnesota Statutes 1982, section 120.17,
subdivision 3b, is amended to read:
Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall
utilize at least the following procedures for decisions
involving identification, assessment and educational placement
of handicapped children:
(a) Parents and guardians shall receive prior written
notice of:
(1) any proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) a proposed placement of their child in, transfer from
or to, or denial of placement in a special education program; or
(3) the proposed provision, addition, denial or removal of
special education services for their child;
(b) The district shall not proceed with the initial formal
assessment of a child, the initial placement of a child in a
special education program or the initial provision of special
education services for a child without the prior written consent
of the child's parent or guardian; provided. The refusal of a
parent or guardian to provide this consent may be overridden by
the decision in a hearing held pursuant to clause (d) at the
district's initiative after at least one attempt to obtain this
consent through a conciliation conference held pursuant to
clause (c);
(c) Parents and guardians shall have an opportunity to meet
with appropriate district staff in at least one conciliation
conference if they object to any proposal of which they are
notified pursuant to clause (a);
(d) Parents, guardians and the district shall have an
opportunity to obtain an impartial due process hearing initiated
and conducted in the school district where the child resides, if
after at least one conciliation conference the parent or
guardian continues to object to:
(1) a proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) the proposed placement of their child in, or transfer
of their child to a special education program;
(3) the proposed denial of placement of their child in a
special education program or the transfer of their child from a
special education program;
(4) the proposed provision or addition of special education
services for their child; or
(5) the proposed denial or removal of special education
services for their child.
At least five calendar days before the hearing, the
objecting party shall provide the other party with a brief
written statement of the objection and the reasons for the
objection.
The hearing shall take place before an impartial hearing
officer mutually agreed to by the school board and the parent or
guardian. If the school board and the parent or guardian are
unable to agree on a hearing officer, the school board shall
request the commissioner to appoint a hearing officer. The
hearing officer shall not be a school board member or employee
of the school district where the child resides or of the child's
school district of residence, an employee of any other public
agency involved in the education or care of the child, or any
person with a personal or professional interest which would
conflict with his objectivity at the hearing. A person who
otherwise qualifies as a hearing officer is not an employee of
the district solely because the person is paid by the district
to serve as a hearing officer. If the hearing officer requests
an independent educational assessment of a child, the cost of
the assessment shall be at district expense. The proceedings
shall be recorded and preserved, at the expense of the school
district, pending ultimate disposition of the action.
(e) The decision of the hearing officer pursuant to clause
(d) shall be rendered not more than 45 calendar days from the
date of the receipt of the request for the hearing. A hearing
officer may grant specific extensions of time beyond the 45-day
period at the request of either party. The decision of the
hearing officer shall be binding on all parties unless appealed
to the commissioner by the parent, guardian, or the school board
of the district where the child resides pursuant to clause (f).
The local decision shall:
(1) be in writing;
(2) state the controlling facts upon which the decision is
made in sufficient detail to apprise the parties and the
commissioner of the basis and reason for the decision;
(3) state whether the special education program or special
education services appropriate to the child's needs can be
reasonably provided within the resources available to the
responsible district or districts;
(4) state the amount and source of any additional district
expenditure necessary to implement the decision; and
(5) be based on the standards set forth in subdivision 3a
and the rules of the state board.
(f) Any local decision issued pursuant to clauses (d) and
(e) may be appealed to the commissioner within 15 calendar days
of receipt of that written decision, by the parent, guardian, or
the school board of the district where the child resides.
If the decision is appealed, a written transcript of the
hearing shall be made by the school district and shall be
accessible to the parties involved within five calendar days of
the filing of the appeal. The commissioner shall issue a final
decision based on an impartial review of the local decision and
the entire record within 30 calendar days after the filing of
the appeal. The commissioner shall seek additional evidence if
necessary and may afford the parties an opportunity for written
or oral argument; provided any hearing held to seek additional
evidence shall be an impartial due process hearing but shall be
deemed not to be a contested case hearing for purposes of
chapter 14. The commissioner may grant specific extensions of
time beyond the 30-day period at the request of any party.
The final decision shall:
(1) be in writing;
(2) include findings and conclusions; and
(3) be based upon the standards set forth in subdivision 3a
and in the rules of the state board.
(g) The decision of the commissioner shall be final unless
appealed by the parent or guardian or school board to the
district court of the county in which the school district in
whole or in part is located appeals. The scope of judicial
review shall be as provided in accordance with chapter 14.
(h) Pending the completion of proceedings pursuant to this
subdivision, unless the district and the parent or guardian of
the child agree otherwise, the child shall remain in his current
educational placement and shall not be denied initial admission
to school.
(i) The child's school district of residence, if different
from the district where the child actually resides, shall
receive notice of and may be a party to any hearings or appeals
pursuant to this subdivision.
Sec. 56. Minnesota Statutes 1982, section 122.23,
subdivision 16c, is amended to read:
Subd. 16c. [BONDS; ELECTION.] The board of the newly
created district, when constituted as provided in subdivision
17, may provide for an election of that district on the issuance
of bonds, and. It may issue and sell bonds authorized at such
an the election, or bonds authorized at an election previously
held in any pre-existing district wholly included within the
newly created district, or bonds for a purpose for which an
election is not required by law. Such The actions may be taken
at any time after the date of the county auditor's order issued
under subdivision 13, and before or after the date upon which
the consolidation becomes effective for other purposes, and
taxes for the payment of any such the bonds shall be levied upon
all taxable property in the newly created district; except that
. No bonds shall be delivered to purchasers until 30 days after
the date of the county auditor's order. If within this period a
notice of appeal from the county auditor's order to the district
court is filed in accordance with section 127.25, no bonds shall
be delivered by the newly created district to purchasers until
and unless the county auditor's order is affirmed by final order
of the district court in such the special proceeding, and a
period of 30 days from the service of such the final order
expires without an appeal to the supreme court being commenced
or, if an appeal is taken, the order is affirmed by the supreme
court and the time for petitioning for further review has
expired; except that if all of the territory of one and only one
independent district maintaining a secondary school is included
in the newly created district, and if the assessed valuation of
taxable property in such the territory comprises 90 percent or
more of the assessed valuation of all taxable property in the
newly created district, the board may issue, sell, and deliver
any bonds voted by the pre-existing independent district and any
bonds voted or otherwise authorized by the newly created
district, notwithstanding the pendency of any such the appeal,
and such the bonds shall be paid by the levy of taxes upon the
property within the territory of the pre-existing independent
district and within such the other areas, if any, as may be that
are finally determined to be properly included within the newly
created district. In any election held in the newly created
district as authorized in the preceding sentence, all qualified
electors residing within the area of that district as defined in
the county auditor's order shall be entitled to vote, but the
votes cast by residents of former districts or portions of
former districts included in such the area, other than the
independent district maintaining the secondary school, shall be
received and counted separately; and. The bonds shall not be
issued and sold unless authorized by a majority of the votes
cast thereon by electors of the independent district maintaining
the secondary school, and also by a majority of the votes cast
thereon by electors residing within the entire area of the newly
created district.
Sec. 57. Minnesota Statutes 1982, section 123.32,
subdivision 25, is amended to read:
Subd. 25. [CONTESTS.] (a) Any voter may contest the
election of any person for or against whom he had the right to
vote, who is declared elected to a school district office, or
other questions submitted to public vote, by proceeding as
follows:
He shall file with the clerk of the district court of the
county in which the administrative office of the school district
is located, within ten days after the canvass is completed, a
written notice of contest specifying the points upon which the
contest will be made, and cause a copy thereof to be served
within said period as follows:
(1) If the contest be is upon the election of any person,
then upon the person whose election he is contesting and the
official authorized to issue the certificate of election;
(2) If the contest be is upon the question of consolidation
or reorganization, then upon the county auditor authorized by
law to issue the order;
(3) If the contest be upon any other question, by serving a
copy upon the clerk of the district.
When the contestee desires to offer testimony on points not
specified in contestant's notice, he shall file and serve on the
contestant a notice thereof specifying such the additional
points. Such The notices shall be treated as the pleadings in
the case and may be amended in the discretion of the court in
such the manner and within such the times as the court may by
order direct orders. Thereafter the matter shall be tried and
determined by the court at a time set by the court within 30
days after such the canvass. So far as consistent with this
section, the Rules of Civil Procedure rules of civil procedure
shall apply.
(b) When An appeal is taken to the supreme court from the
determination of the district court in any contest instituted
under this code, the party appealing shall file in the district
court a bond in such sum, not less than $500, and with such
sureties, as shall be approved by the judge, conditioned for the
payment of all costs incurred by the respondent in case
appellant fails on his appeal. The notice of appeal shall be
served and filed no later than ten days after the entry of the
determination of the district court in the contest. The return
of such appeal shall be made, certified, and filed in the
supreme court within 15 days after service of notice of appeal.
The appeal may be brought on for hearing in the court at any
time when it is in session, upon ten days' notice from either
party, which may be served during term time or in vacation; and
it may be heard and determined summarily by the court be in
accordance with the rules of civil appellate procedure.
Sec. 58. Minnesota Statutes 1982, section 124.15,
subdivision 7, is amended to read:
Subd. 7. [APPEAL.] A decision of the state board under
this section may be reviewed on certiorari by the district court
of the county wherein the district, or any part thereof, is
located appealed in accordance with chapter 14.
Sec. 59. Minnesota Statutes 1982, section 127.25,
subdivision 3, is amended to read:
Subd. 3. [APPEAL.] An appeal lies from the district court
to the supreme court in accordance with the rules of civil
appellate procedure.
Sec. 60. Minnesota Statutes 1982, section 127.33, is
amended to read:
127.33 [JUDICIAL REVIEW.]
The decision of the commissioner of education made pursuant
to sections 127.26 to 127.39 shall be subject to direct judicial
review in the district court of the county in which the school
district or any part thereof is located. The scope of the
judicial review shall be as provided by Minnesota Statutes 1971,
Section 15.0425 in accordance with chapter 14.
Sec. 61. Minnesota Statutes 1982, section 141.29,
subdivision 2, is amended to read:
Subd. 2. [APPEAL.] Any order refusing, revoking, or
suspending a school's license or a solicitor's permit is
appealable to the district court as provided in accordance with
chapter 14. Where a school has been operating and its license
has been revoked, suspended, or refused by the commissioner such
, the order shall is not become effective until the final
determination of such the appeal unless immediate effect shall
be is ordered by the court.
Sec. 62. Minnesota Statutes 1982, section 145.698,
subdivision 2, is amended to read:
Subd. 2. [STAY; COMMITMENT.] Upon conviction of a
defendant for any crime in district court or any municipal court
from which an appeal lies directly to the supreme court, or
following revocation of probation previously granted whether or
not sentence has been imposed, if it appears to the court that
the defendant may be a drug dependent person, or by reason of
the repeated use of drugs may be in imminent danger of becoming
addicted, the court may adjourn the proceedings or suspend
imposition or execution of sentence and order the county
attorney to file a petition for commitment of the defendant
pursuant to the Minnesota hospitalization and Commitment Act for
confinement in a hospital, a mental health center, the Willmar
state hospital, or other drug treatment facility chapter 253B
until such time as the court feels that such the person is no
longer in need of institutional care and treatment.
Sec. 63. Minnesota Statutes 1982, section 149.05,
subdivision 3, is amended to read:
Subd. 3. [REVIEW.] Any action of the commissioner in
refusing to grant or renew a license or in suspending or
revoking a license may be is subject to review by a writ of
certiorari issued by the district court of any county in
accordance with chapter 14.
Sec. 64. Minnesota Statutes 1983, section 155A.11,
subdivision 2, is amended to read:
Subd. 2. [APPEAL FROM ORDER.] Any order refusing,
revoking, or suspending a license is appealable to the district
court where the licensee conducts business as provided in
accordance with chapter 14. If a person has been operating and
the person's license has been revoked, suspended, or refused by
the director, the order is not effective until final
determination of the appeal unless the court orders it to take
effect immediately.
Sec. 65. Minnesota Statutes 1982, section 156A.071,
subdivision 9, is amended to read:
Subd. 9. [SUBMISSION OF DATA FROM EXPLORATORY BORINGS.]
Data obtained from exploratory borings shall be submitted by the
explorer to the commissioner of natural resources as follows:
(a) Upon application for a state permit required for
activities relating to mineral deposit evaluation, the explorer
shall submit to the commissioner of natural resources data
relevant to the proposal under consideration. The explorer may
identify portions of the data which, if released, would impair
the competitive position of the explorer submitting the data.
Data so identified shall be considered to be not public data.
If the commissioner is requested to disclose the data, he shall
mail notice of the request to the explorer, and shall determine
whether release of the data would impair the competitive
position of the explorer submitting the data. If the
commissioner determines that release of the data would impair
the competitive position of the explorer submitting the data,
the commissioner shall not release the data to any person other
than parties to the proceedings relating to the permit under
consideration. Parties to the proceedings shall maintain the
confidentiality of data. Further, no not public data which are
classified as not public shall not be released by the
commissioner until 30 days after mailed notice to the explorer
of the commissioner's intention to do so. Under no
circumstances shall the commissioner release data to any person,
company, or organization engaged in exploration, mining, milling
, or related industry pertaining to any mineral. If the
commissioner determines to release data, the explorer may demand
a contested case hearing on the commissioner's determination or
may withdraw the permit application and the data shall not be
released. Any person aggrieved by the decision of the
commissioner may appeal the decision to the district court
pursuant to in accordance with chapter 14;
(b) Upon application for a state permit required for mine
development, the explorer shall submit to the commissioner of
natural resources data relevant to the proposal under
consideration. This data shall be considered public data and
persons submitting the data shall not be subject to civil or
criminal liability for its use by others;
(c) Within six months after termination by the explorer of
its lease or any other type of exploration agreement on a
property all data shall be submitted. For a lease or any other
type of exploration agreement terminated prior to May 1, 1980,
on which exploratory borings were made on or after January 1,
1977, the data as required herein shall be submitted within six
months of May 1, 1980. The data shall be considered public data
and persons submitting the data shall not be subject to civil or
criminal liability for its use by others. Data submitted to the
commissioner of natural resources prior to May 1, 1980 need not
be submitted under this section. The commissioner of natural
resources shall designate which samples shall be submitted, and
shall specify the location to which the sample shall be
delivered. In the event that the explorer requires certain
samples in their entirety, the commissioner of natural resources
may waive the requirement for a one-quarter portion of the
samples. Samples submitted become property of the state.
(d) As used in this subdivision, "mineral deposit
evaluation" means examining an area to determine the quality and
quantity of minerals, excluding exploratory boring but including
obtaining a bulk sample, by such means as excavating, trenching,
constructing shafts, ramps, tunnels, pits and producing refuse
and other associated activities. "Mineral deposit evaluation"
shall not include activities intended, by themselves, for
commercial exploitation of the ore body. "Mine development"
means those activities undertaken after mineral deposit
evaluation for commercial exploitation of the ore body.
Sec. 66. Minnesota Statutes 1982, section 161.34,
subdivision 4, is amended to read:
Subd. 4. [APPEAL TO SUPREME COURT.] An appeal from any
final order of judgment in such the action shall lie to the
supreme court of the state in the same manner as appeals in
ordinary other civil actions cases.
Sec. 67. Minnesota Statutes 1982, section 168.65,
subdivision 2, is amended to read:
Subd. 2. [APPEAL.] If after a public hearing, upon due
notice, the registrar of motor vehicles determines that any
owner or operator of intercity buses has violated any term or
provisions of sections 168.61 to 168.65 or wilfully willfully
furnished false information or reports, such the registrar shall
cancel all number plates and all special identification plates
or certificates issued to such the owner or operator of
intercity buses and such. The intercity buses, during such
calendar year, shall not operate upon the streets and highways
of the state unless the owner's or operator's entire fleet of
intercity buses is then registered in the state of Minnesota and
the motor vehicle taxes paid thereon on them for the full
calendar year in which the offense occurs. Any such
determination by the registrar of motor vehicles shall be is
subject to judicial review by certiorari as provided by law
appeal in accordance with chapter 14.
Sec. 68. Minnesota Statutes 1982, section 168.68, is
amended to read:
168.68 [SUSPENSION OR REVOCATION OF LICENSE.]
(a) A license may be suspended or revoked by the
administrator on the following grounds:
(1) Material misstatement in application for license;
(2) Intentional failure to comply with any provision of
sections 168.66 to 168.77 relating to retail installment
contract;
(3) Defrauding any retail buyer to the buyer's damage;
(4) Fraudulent misrepresentation, circumvention or
concealment by the licensee through whatever subterfuge or
device of any of the material particulars or the nature thereof
required to be stated or furnished to the retail buyer under
sections 168.66 to 168.77.
(b) If a licensee is a firm, association or corporation, it
shall be sufficient cause for the suspension or revocation of a
license that any officer, director or trustee of a licensed
firm, association or corporation, or any member of a licensed
partnership, has so acted or failed to act as would be cause for
suspending or revoking a license to such part as an individual.
Each licensee shall be responsible for the acts of any or all of
his employees while acting as his agent, if such the licensee
after actual knowledge of his act retained the benefits,
proceeds, profits or advantages accruing from said the acts or
otherwise ratified such the acts.
(c) No license shall be suspended or revoked except after
hearing thereon. The administrator shall give the licensee at
least ten days' written notice, in the form of an order to show
cause, of the time and place of such the hearing by certified
mail addressed to the principal place of business in this state
of such the licensee. The said notice shall contain the grounds
of complaint against the licensee. Any order suspending or
revoking such the license shall recite the grounds upon which
the same it is based. The order shall be entered upon the
records of the administrator and shall not be effective until
after 30 days' written notice thereof given after such entry
forwarded by certified mail to the licensee at such principal
place of business. No revocation, suspension or surrender of
any license shall impair or affect the obligation of any lawful
retail installment contract acquired previously thereto by the
licensee.
(d) Within 30 days after such the service of notice of any
order of suspension or revocation of a license, the licensee
aggrieved may appeal from such the order to the district court
for the county in which the principal place of business of such
the licensee in this state is located, by service of a written
notice of appeal upon the administrator, and filing the same it
with proof of such service with the clerk of the court to which
the appeal is taken, within five days. The district court shall
thereupon have has jurisdiction over the appeal; and the same.
It shall be entered upon the records of the court and tried
according to the rules relating to the trial of civil actions
procedure in so far as the same they are applicable. Upon
service of such a notice of appeal upon him, the administrator
shall forthwith file with the clerk of the district court to
which the appeal is taken a certified copy of the order appealed
from and of the order to show cause upon which the same it was
based; and. Unless otherwise ordered by the court, the
documents so filed shall frame the issues to be determined upon
the appeal. The court shall determine, de novo, all questions,
both of fact and of law, touching upon the legality and
reasonableness of the determination of the administrator, and
shall render such judgment as shall be lawful and just. Pending
final judgment on such the appeal, the order appealed from shall
be stayed. Upon motion of the licensee or the administrator,
the appeal shall be tried ahead of all other actions pending
before the court except criminal cases. Appeals to the supreme
court may be taken as in other civil proceedings cases.
Sec. 69. Minnesota Statutes 1982, section 169.073, is
amended to read:
169.073 [RED LIGHTS FORBIDDEN.]
No person or corporation shall place, maintain or display
any red light or red sign, signal, or lighting device or
maintain the same it in view of any highway or any line of
railroad on or over which trains are operated in such a way as
to interfere with the effectiveness or efficiency of any highway
traffic-control device or signals or devices used in the
operation of a railroad. Upon written notice from the
commissioner of transportation such, a person or corporation
maintaining or owning or displaying said a prohibited light
shall promptly remove the same it, or change the color thereof
of it to some other color than red. Where such a prohibited
light or sign interferes with the effectiveness or efficiency of
the signals or devices used in the operation of a railroad, the
department of public service shall have authority to may cause
the removal of the same it and the department shall have
authority to may issue notices and orders for such its removal.
The department shall proceed as provided in sections 216.13,
216.14, 216.15, 216.16, and 216.17, with a right of appeal to
the aggrieved party as provided in section 216.25 accordance
with chapter 14.
No person or corporation shall maintain or display any such
light after written notice thereof from the commissioner of
transportation or the department of public service that such the
light constitutes a traffic hazard and that it has ordered the
removal thereof.
Sec. 70. Minnesota Statutes 1982, section 169.123,
subdivision 7, is amended to read:
Subd. 7. [REVIEW BY DISTRICT COURT APPEAL.] Any party
aggrieved by the decision of the reviewing court may appeal the
decision to the district court as provided in sections 484.63
and section 487.39.
Sec. 71. Minnesota Statutes 1982, section 174A.05, is
amended to read:
174A.05 [APPEALS.]
An appeal from an order of the board shall be as provided
in sections 216.24 and 216.25 accordance with chapter 14.
Sec. 72. Minnesota Statutes 1982, section 176.471,
subdivision 6, is amended to read:
Subd. 6. [TRANSMITTAL OF FEE AND RETURN.] When the writ of
certiorari has been served upon the administrator of the
workers' compensation court of appeals, the bond has been filed,
and the filing fee has been paid, the administrator shall
immediately transmit to the clerk of the supreme court appellate
courts that filing fee and the return to the writ of certiorari
and bond.
Sec. 73. Minnesota Statutes 1982, section 176.471,
subdivision 8, is amended to read:
Subd. 8. [RETURN OF PROCEEDINGS TRANSMITTED TO COURT.]
Within 30 days after the writ of certiorari, bond, and filing
fee have been filed with the administrator of the workers'
compensation court of appeals, the administrator shall transmit
to the clerk of the supreme court appellate courts a true and
complete return of the proceedings of the workers' compensation
court of appeals under review, or such the part of those
proceedings as is necessary to allow the supreme court to review
properly the questions presented.
The workers' compensation court of appeals shall certify
the return of the proceedings under its seal. The petitioner or
relator shall pay to the administrator of the workers'
compensation court of appeals the reasonable expense of
preparing the return.
Sec. 74. Minnesota Statutes 1982, section 176.471,
subdivision 9, is amended to read:
Subd. 9. [APPLICATION OF RULES GOVERNING APPEALS IN CIVIL
ACTIONS.] When the return of the proceedings before the workers'
compensation court of appeals has been filed with the clerk of
the supreme court appellate courts, the supreme court shall hear
and dispose of the matter in accordance with the laws and court
rules governing appeals as in other civil actions cases.
Sec. 75. Minnesota Statutes 1982, section 177.29,
subdivision 1, is amended to read:
Subdivision 1. [APPEAL.] Any person who may be aggrieved
by any administrative rule issued pursuant to section 177.28 may
obtain a review thereof in the district court for Ramsey county,
by filing in the court a written petition for declaratory
judgment praying that the rule be modified or set aside. A copy
of the petition shall be served upon the department. The
department's findings of fact, if any, shall be conclusive upon
the court if supported by substantial evidence. The court shall
determine whether the rule is in accordance with law.
If the court determines that the rule is not in accordance
with law, it shall remand the case to the department with
directions to modify or revoke the rule. If application is made
to the court by any aggrieved party for leave to adduce
additional evidence, the party shall show to the satisfaction of
the court that the additional evidence is material, and that
there were reasonable grounds for the failure to adduce the
evidence before the department. If the court finds that the
evidence is material and that reasonable grounds exist for the
failure of the aggrieved party to adduce the evidence in prior
proceedings, the court may remand the case to the department
with directions that the additional evidence be taken by the
department. The department may modify its findings and
conclusions, in whole or in part, by reason of the additional
evidence appeal in accordance with chapter 14.
Sec. 76. Minnesota Statutes 1982, section 178.09,
subdivision 2, is amended to read:
Subd. 2. [DETERMINATION; APPEAL.] The determination of the
director shall be filed with the commissioner and written notice
shall be served on all parties affected thereby by it. Any
person aggrieved by any determination or action of the director
may appeal to the commissioner. If no appeal is filed with the
commissioner within ten days of the date of service, the
director's determination shall become the order of the
commissioner. If an appeal is filed, the commissioner shall
appoint and convene a hearing board to be composed of three
members of the council, one member being a representative of an
employer organization, one representative being a member of an
employee organization, and one member representing the general
public. Such The board shall hold a hearing on the appeal after
due notice to the interested parties and shall submit to the
commissioner findings of fact and a recommended decision
accompanied by a memorandum of the reasons therefor for it.
Within 30 days after submission, the commissioner may adopt as
his own the recommended decision of the board, or disregard the
recommended decision of the board and prepare his own decision
based on the findings of fact and accompanied by his memorandum
of reasons for that decision. Written notice of the
commissioner's determination and order shall be served on all
parties affected thereby by it. Any person aggrieved or
affected by any determination or order of the commissioner may
appeal therefrom from it to the district court having
jurisdiction at any time within 30 days after the date of such
the order by service of a written notice of appeal on the
commissioner. Upon service of the notice of appeal, the
commissioner shall file with the clerk of the district court to
which the appeal is taken a certified copy of the order appealed
from, together with findings of fact on which it is based. The
person serving a notice of appeal shall, within five days after
the its service thereof, file it, with proof of service, with
the clerk of the court to which the appeal is taken; and
thereupon. The district court shall then have jurisdiction over
the appeal and it shall be entered in the records of the
district court and tried de novo according to the applicable
rules. Any person aggrieved or affected by any determination,
order, or decision of the district court may appeal to the
supreme court as in other civil cases.
Sec. 77. Minnesota Statutes 1982, section 179.64,
subdivision 5, is amended to read:
Subd. 5. [REVIEW; APPEAL.] Any public employee shall be is
entitled to request the opportunity to establish that he did not
violate the provisions of this section. The request shall be
filed in writing with the officer or body having the power to
remove the employee, within ten days after notice of termination
is served upon him. The employing officer or body shall within
ten days commence a proceeding at which the employee shall be
entitled to be heard for the purpose of determining whether the
provisions of this section have been violated by the public
employee. If there are contractual grievance procedures, laws
or rules establishing proceedings to remove the public employee,
the hearing shall be conducted in accordance with whichever
procedure the employee elects provided that. The election shall
be binding and shall terminate any right to the alternative
procedures. The same proceeding may include more than one
employee's employment status if the employees' defenses are
identical, analogous or reasonably similar. The proceedings
shall be undertaken without unnecessary delay. Any person whose
termination is sustained in the administrative or grievance
proceeding may secure a review of his removal by serving a
notice of appeal upon the employer removing him within 20 days
after the results of the hearing have been announced. This
notice, with proof of service thereof, shall be filed within ten
days after service, with the clerk of the district court in the
county where the employer has its principal office or in the
county where the employee last was employed by the employer.
The district court shall have jurisdiction to review the matter
in the same manner as on appeal from administrative orders and
decisions. This hearing shall take precedence over all matters
before the court and may be held upon ten days written notice by
either party. The court shall make such order as it deems
proper. An employer may obtain review of a decision to
reinstate an employee in the same manner as provided for appeals
by employees in this subdivision. An appeal may be taken from
the district court order to the supreme court in accordance with
chapter 14.
Sec. 78. Minnesota Statutes 1982, section 179.741,
subdivision 3, is amended to read:
Subd. 3. [UNIVERSITY OF MINNESOTA.] Subject to the
provisions of section 179.742, subdivision 5 all appropriate
units of University of Minnesota employees certified as of April
25, 1980 are abolished., the following shall be the appropriate
units of University of Minnesota employees for the purposes of
sections 179.61 to 179.76. All units shall exclude managerial
and confidential employees and supervisory employees shall only
be assigned to unit 12. No additional units of University of
Minnesota employees shall be recognized for the purpose of
meeting and negotiating.
(1) Law enforcement unit. This unit shall consist of the
positions of all employees with the power of arrest.
(2) Craft and trades unit. This unit shall consist of the
positions of all employees whose work requires specialized
manual skills and knowledge acquired through formal training or
apprenticeship or equivalent on-the-job training or experience.
(3) Service, maintenance and labor unit. This unit shall
consist of the positions of all employees whose work is
typically that of maintenance, service or labor and which does
not require extensive previous training or experience, except as
provided in unit 4.
(4) Health care nonprofessional and service unit. This
unit shall consist of the positions of all nonprofessional
employees of the University of Minnesota hospitals, dental
school and health service whose work is unique to those
settings, excluding labor and maintenance employees as defined
in unit 3.
(5) Nursing professional unit. This unit shall consist of
all positions which are required to be filled by registered
nurses.
(6) Clerical and office unit. This unit shall consist of
the positions of all employees whose work is typically clerical
or secretarial, including nontechnical data recording and
retrieval and general office work, except as provided in unit 4.
(7) Technical unit. This unit shall consist of the
positions of all employees whose work is not typically manual
and which requires specialized knowledge or skills acquired
through two year academic programs or equivalent experience or
on-the-job training, except as provided in unit 4.
(8) Twin Cities instructional unit. This unit shall
consist of the positions of all instructional employees with the
rank of professor, associate professor, assistant professor,
including research associate, or instructor, including research
fellow, located on the Twin Cities campuses.
(9) Outstate instructional unit. This unit shall consist
of the positions of all instructional employees with the rank of
professor, associate professor, assistant professor, including
research associate, or instructor, including research fellow,
located at the Duluth campus, provided that the positions of
instructional employees of the same ranks at the Morris,
Crookston or Waseca campuses shall be included within this unit
if a majority of the eligible employees voting at a campus so
vote during an election conducted by the director, provided that
such an the election shall not be held unless and until the
Duluth campus has voted in favor of representation. The
election shall be held when an employee organization or group of
employees petitions the director stating that a majority of the
eligible employees at one of these campuses wishes to join the
unit and this petition is supported by a showing of at least 30
percent support from eligible employees at that campus and is
filed within 60 days of April 25, 1980 or, after January 1,
1981, during the period between September 1 and November 1.
(10) Graduate assistant unit. This unit shall consist of
the positions of all graduate assistants who are enrolled in the
graduate school and who hold the rank of research assistant,
teaching assistant, teaching associate I or II, project
assistant, or administrative fellow I or II.
(11) Noninstructional professional unit. This unit shall
consist of the positions of all employees meeting the
requirements of either clause (a) or (b) of section 179.63,
subdivision 10, which are not defined as included within the
instructional unit.
(12) Supervisory employees unit. This unit shall consist
of the positions of all supervisory employees.
The employer shall petition the director within 90 days of
April 25, 1980 indicating his position with respect to the
allocation of all positions to the units provided in this
subdivision. The employer shall serve a copy of the petition on
the exclusive representatives of the affected employees. When
the employer's position with respect to the positions to be
included within a unit established by this subdivision is
challenged by an employee organization petitioning under section
179.67, the director shall make a determination as to the
allocation of the challenged positions under the language of
subdivision 3. His determination shall be made within 60 days
of receipt of the petitioning organization's challenge and may
be appealed only to the supreme court which shall hear the
matter on an expedited basis to the court of appeals. Should
both units 8 and 9 each elect exclusive bargaining
representatives, those representatives may by mutual agreement
jointly negotiate a contract with the regents, or may negotiate
separate contracts with the regents. If the exclusive
bargaining representatives jointly negotiate a contract with the
regents, the contract shall be ratified by each unit.
Sec. 79. Minnesota Statutes 1982, section 181A.10,
subdivision 2, is amended to read:
Subd. 2. [HEARINGS; REVIEW.] Hearings in the district
court on all appeals taken under subdivision 1 shall be
privileged and take precedence over all matters, except matters
of the same character. The jurisdiction of the court shall be
exclusive and its judgement judgment and decree shall be final
except that the same shall be subject to review on appeal to the
supreme court as in other civil cases.
Sec. 80. Minnesota Statutes 1982, section 185.15, is
amended to read:
185.15 [COURT TO CERTIFY PROCEEDINGS TO SUPREME COURT ON
APPEAL.]
When any court of the state shall issue or deny any
temporary injunction in a case involving or growing out of a
labor dispute, the court shall, upon the request of any party to
the proceedings, and on his filing the usual bond for costs,
forthwith certify, as in ordinary cases, the record of the case
to the supreme court for its review for appeal. Upon the filing
of such record in the supreme court, the appeal shall be heard
and the temporary injunctive order affirmed, modified, or set
aside, with the greatest possible expedition, giving the
proceedings precedence over all other matters except older
matters of the same character.
Sec. 81. Minnesota Statutes 1982, section 192A.255,
subdivision 1, is amended to read:
Subdivision 1. [REFUSAL TO APPEAR.] Any person not subject
to this code who:
(1) has been duly subpoenaed to appear as a witness or to
produce books and records before a military court or before any
military or civil officer designated to take a deposition to be
read in evidence before such a court;
(2) has been duly paid or tendered the fees and mileage of
a witness at the rates allowed to witnesses attending the
supreme district court of the state; and
(3) willfully neglects or refuses to appear, or refuses to
qualify as a witness or to testify or to produce any evidence
which that person may have has been legally subpoenaed to
produce;
is guilty of an offense against the state and a military
court may punish him in the same manner as the civil courts of
the state.
Sec. 82. Minnesota Statutes 1982, section 197.481,
subdivision 6, is amended to read:
Subd. 6. [APPEALS.] Appeals of orders issued under this
section shall be to the Ramsey county district court in accord
accordance with sections 14.63 to 14.68 and to the supreme court
as provided in section 14.70; the scope of judicial review shall
be as prescribed by section 14.69. The commissioner may appeal
to the supreme court as provided by the rules of civil appellate
procedure from an order of the district court issued pursuant to
this subdivision chapter 14.
Sec. 83. Minnesota Statutes 1982, section 204B.06,
subdivision 4, is amended to read:
Subd. 4. [PARTICULAR OFFICES.] Candidates who seek
nomination for the following offices shall state the following
additional information on the affidavit:
(a) for United States senator, that the candidate will be
30 years of age or older and a citizen of the United States for
not less than nine years on the next January 3 or, in the case
of an election to fill a vacancy, within 21 days after the
special election;
(b) for United States representative, that the candidate
will be 25 years of age or older and a citizen of the United
States for not less than seven years on the next January 3 or,
in the case of an election to fill a vacancy, within 21 days
after the special election;
(c) for governor or lieutenant governor, that on the first
Monday of the next January the candidate will be 25 years of age
or older and, on the day of the state general election, a
resident of Minnesota for not less than one year;
(d) for supreme court justice, court of appeals judge, or
district court judge, that the candidate is learned in the law;
(e) for county or county municipal court judge or other
judicial officer, that the candidate is qualified as prescribed
by law;
(f) for senator or representative in the legislature, that
on the day of the general or special election to fill the office
the candidate will have resided not less than one year in the
state and not less than six months in the legislative district
from which the candidate seeks election.
Sec. 84. Minnesota Statutes 1982, section 204B.06,
subdivision 6, is amended to read:
Subd. 6. [JUDICIAL CANDIDATES; DESIGNATION OF TERM.] An
individual who files as a candidate for the office of associate
justice of the supreme court, judge of the court of appeals,
judge of the district court, or judge of county or county
municipal court shall state in the affidavit of candidacy the
office of the particular justice or judge for which the
individual is a candidate. The individual shall be a candidate
only for the office identified in the affidavit. Each justice
of the supreme court and each court of appeals, district, county
or county municipal court judge is deemed to hold a separate
nonpartisan office.
Sec. 85. Minnesota Statutes 1982, section 204B.11,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] Except as provided by subdivision
2, a filing fee shall be paid by each candidate who files an
affidavit of candidacy. The fee shall be paid at the time the
affidavit is filed. The amount of the filing fee shall vary
with the office sought as follows:
(a) for the office of governor, lieutenant governor,
attorney general, state auditor, state treasurer, secretary of
state, representative in congress, judge of the supreme court,
judge of the court of appeals, judge of the district court, or
judge of the county municipal court of Hennepin county, $150;
(b) for the office of senator in congress, $200;
(c) for office of senator or representative in the
legislature, $50; and
(d) for a county office, $50.
For the office of presidential elector, and for those
offices for which no compensation is provided, no filing fee is
required.
The filing fees received by the county auditor shall
immediately be paid to the county treasurer. The filing fees
received by the secretary of state shall immediately be paid to
the state treasurer.
When an affidavit of candidacy has been filed with the
appropriate filing officer and the requisite filing fee has been
paid, the filing fee shall not be refunded.
Sec. 86. Minnesota Statutes 1982, section 204B.34,
subdivision 3, is amended to read:
Subd. 3. [JUDICIAL ELECTIONS.] When one or more justices
of the supreme court or judges of the court of appeals or of a
district, county or county municipal court are to be nominated
at the same primary or elected at the same general election, the
notice of election shall state the name of each justice or judge
whose successor is to be nominated or elected.
Sec. 87. Minnesota Statutes 1982, section 204B.36,
subdivision 4, is amended to read:
Subd. 4. [JUDICIAL CANDIDATES.] The official ballot shall
contain the names of all candidates for each judicial office and
shall state the number of those candidates for whom a voter may
vote. The title of each judicial office shall be printed on the
official primary and general election ballot as follows:
(a) In the case of the supreme court:
"For the office of associate (or chief) justice of the
supreme court to which (name of justice)............... was
elected for the regular term" or "to which (name of
justice)............... was appointed";
(b) In the case of the court of appeals:
"For the office of judge of the court of appeals to which
............... (name of judge) was elected for the regular
term" or "to which ............... (name of judge) was
appointed";
(b) (c) In the case of the district court:
"For the office of judge of the district court of the
(number).......... judicial district to which (name of
judge)............... was elected for the regular term" or "to
which (name of judge)............... was appointed"; or
(c) (d) In the case of the county court:
"For the office of judge of the county court of the county
(or counties) of .......... to which (name of
judge)............... was elected for the regular term" or "to
which (name of judge)............... was appointed."
For voting machine ballots on which the statements required
by this subdivision cannot be printed because of length, the
title of each judicial office shall be printed as follows:
"Successor to (name)..............., elected (or
appointed)."
Sec. 88. Minnesota Statutes 1982, section 204D.02,
subdivision 1, is amended to read:
Subdivision 1. [OFFICERS.] All elective state and county
officers, justices of the supreme court, judges of the court of
appeals, district, county and county municipal courts, state
senators and state representatives, and senators and
representatives in congress shall be elected at the state
general election held in the year before their terms of office
expire. Presidential electors shall be chosen at the state
general election held in the year before the expiration of a
term of a president of the United States.
Sec. 89. Minnesota Statutes 1982, section 204D.08,
subdivision 6, is amended to read:
Subd. 6. [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.]
The state and county nonpartisan primary ballot shall be headed
"State and County Nonpartisan Primary Ballot." It shall be
printed on canary paper. The names of candidates for nomination
to the supreme court, court of appeals, district, county and
county municipal courts and all county offices shall be placed
on this ballot.
No candidate whose name is placed on the state and county
nonpartisan primary ballot shall be designated or identified as
the candidate of any political party or in any other manner
except as expressly provided by law.
Sec. 90. Minnesota Statutes 1982, section 204D.11,
subdivision 1, is amended to read:
Subdivision 1. [WHITE BALLOT; RULES; REIMBURSEMENT.] The
names of the candidates for all partisan offices voted on at the
state general election and candidates for the office of justice
and chief justice of the supreme court and the office of judge
of the court of appeals shall be placed on a single ballot
printed on white paper which shall be known as the "white
ballot." This ballot shall be prepared by the county auditor
subject to the rules of the secretary of state. The state shall
reimburse the counties for the cost of preparing the white
ballot and the envelopes required for the returns of that
ballot. The secretary of state shall adopt rules for
preparation and time of delivery of the white ballot and for
reimbursement of the counties' costs.
Sec. 91. Minnesota Statutes 1982, section 209.09, is
amended to read:
209.09 [APPEAL TO SUPREME COURT APPEALS.]
When an appeal is taken to the supreme court from the
determination of the district court in any contest instituted
under this chapter, the party appealing shall file in the
district court a bond in such a sum, not less than $500, and
with such sureties, as shall be approved by the judge,
conditioned for the payment of all costs incurred by the
respondent in case appellant fails on his appeal. The notice of
appeal shall be served and filed no later than ten days in case
of a general election and no later than five days in case of a
primary after the entry of the determination of the district
court in the contest. The return of such the appeal shall be
made, certified, and filed in the supreme court of appeals or,
in the case of a contest relating to the office of state
representative or senator, in the supreme court as soon as
practicable and in any event within 15 days after service of
notice of appeal. The appeal may be brought on for hearing in
the court at any time when it is in session, upon such notice
from either party, as the court may determine which. The notice
may be served during term time or in vacation; and it may be
heard and determined summarily by the court. The appeal from a
determination of an election contest relating to the office of
state senator or representative shall take precedence over all
other business on the supreme court docket, and shall be
disposed of with all convenient dispatch. A copy of the
decision shall be forwarded to the chief clerk of the house of
representatives or the secretary of the senate, as appropriate.
Sec. 92. Minnesota Statutes 1982, section 210A.01,
subdivision 3, is amended to read:
Subd. 3. [CANDIDATE.] "Candidate" means any individual for
whom it is contemplated or desired that votes may be cast at any
primary or election, and who either tacitly or expressly
consents to be so considered, except candidates for president
and vice president of the United States. In sections 210A.22 to
210A.28, 210A.32 and 210A.33, "candidate" does not mean an
individual for whom it is contemplated or desired that votes may
be cast at any primary or election, and who either tacitly or
expressly consents to be so considered for constitutional
office, member of the legislature, justice of the supreme court,
court of appeals, or district court, county court, probate
court, or county municipal court judge.
Sec. 93. Minnesota Statutes 1982, section 216.25, is
amended to read:
216.25 [APPEALS; ORDERS NOT APPEALED; PROCEEDINGS; REVIEW
BY SUPREME COURT.]
The person serving such notice of appeal shall, within such
30 day period, file the same with proof of service, with the
clerk of the court to which such appeal is taken; and thereupon
the district court shall have jurisdiction over the appeal and
the same shall be entered upon the records of the district court
and shall be tried therein according to the rules relating to
the trial of civil actions so far as the same are applicable.
The complainant before the commission, if there was one
(otherwise the state of Minnesota), shall be designated as
complainant in the district court. No further pleadings than
those filed before the commission shall be necessary. Such
findings of fact shall be prima facie evidence of the matters
therein stated, and the order shall be prima facie reasonable,
and the burden of proof upon all issues raised by the appeal
shall be on the appellant. The review shall be conducted by the
court without a jury and shall be confined to the record, except
that in cases of alleged irregularities in procedure before the
commission, not shown on the record, testimony thereon may be
taken by the court. If the court shall determine that the order
appealed from is lawful and reasonable, it shall be affirmed and
the order enforced as provided by law. If it shall be
determined that the order is unlawful or unreasonable, it shall
be vacated and set aside. Such appeal shall not stay or
supersede the order appealed from unless the commission so
orders or unless the court upon examination of the order and the
return made on the appeal, and after giving the respondent
notice and opportunity to be heard, shall so direct. If such
appeal is not taken such order shall become final, and it shall
thereupon be the duty of the regulated persons affected to adopt
and perform the acts therein prescribed. When no appeal is
taken from an order, as herein provided, the parties affected by
such order shall be deemed to have waived the rights to have the
merits of such controversy reviewed by a court, and there shall
be no trial of the merits or reexamination of the facts of any
controversy in which such order was made, by any district court
to which application may be made for a writ to enforce the
same. Any party to a proceeding in the district court or
contested case before the commission may appeal to the supreme
court of Minnesota from the decision and order or judgment of
such district court within the time and in the manner and under
the procedure provided in rules of civil appellate procedure;
provided that if the commission be the appellant, no bond upon
such appeal shall be required in accordance with chapter 14.
Sec. 94. Minnesota Statutes 1982, section 216.27, is
amended to read:
216.27 [FILING PAPERS; EFFECT.]
When in any such case an appeal is taken or such question
certified, the commission shall forthwith file with the clerk of
the proper district court all papers, pleadings, evidence, and
orders in the proceeding and thereupon such court appellate
courts the documents described by the rules of civil appellate
procedure. The court of appeals shall have full jurisdiction to
hear and determine the question of the jurisdiction of the
commission in reference to the matter appealed from or
certified. Such The proceeding may shall be brought on for
hearing by either party on ten days' notice, either at a term or
in vacation, and shall be heard upon the evidence taken before
the commission and such further evidence as may be offered by
either party governed by the rules of civil appellate
procedure. If the order of the commission is reversed, upon
filing a copy of the order of reversal with the commission, it
shall forthwith proceed to determine the reasonableness of such
the rates, fares, charges, and classification on the merits.
Sec. 95. Minnesota Statutes 1982, section 216B.16,
subdivision 3, is amended to read:
Subd. 3. [INTERIM RATES.] Notwithstanding any order of
suspension of a proposed increase in rates, the commission shall
order an interim rate schedule into effect not later than 60
days after the initial filing date. The commission shall order
the interim rate schedule ex parte without a public hearing.
Notwithstanding the provisions of sections 216.24, 216.25,
216B.27 and 216B.52, no interim rate schedule ordered by the
commission pursuant to this subdivision shall be subject to an
application for a rehearing or an appeal to a court until the
commission has rendered its final determination. Unless the
commission finds that exigent circumstances exist, the interim
rate schedule shall be calculated using the proposed test year
cost of capital, rate base, and expenses, except that it shall
include: (1) a rate of return on common equity for the utility
equal to that authorized by the commission in the utility's most
recent rate proceeding; (2) rate base or expense items the same
in nature and kind as those allowed by a currently effective
order of the commission in the utility's most recent rate
proceeding; and (3) no change in the existing rate design. In
the case of a utility which has not been subject to a prior
commission determination, the commission shall base the interim
rate schedule on its most recent determination concerning a
similar utility.
If, at the time of its final determination, the commission
finds that the interim rates are in excess of the rates in the
final determination, the commission shall order the utility to
refund the excess amount collected under the interim rate
schedule, including interest thereon on it which shall be at the
rate of interest determined by the commission. The utility
shall commence distribution of the refund to its customers
within 120 days of the final order, not subject to rehearing or
appeal. If, at the time of its final determination, the
commission finds that the interim rates are less than the rates
in the final determination, the commission shall prescribe a
method whereby by which the utility will recover the difference
in revenues from the date of the final determination to the date
the new rate schedules are put into effect.
If the public utility fails to make refunds within the
period of time prescribed by the commission, the commission
shall sue therefor and may recover on behalf of all persons
entitled to a refund. In addition to the amount of the refund
and interest due, the commission shall be entitled to recover
reasonable attorney's fees, court costs and estimated cost of
administering the distribution of the refund to persons entitled
thereto to it. No suit under this subdivision shall be
maintained unless instituted within two years after the end of
the period of time prescribed by the commission for repayment of
refunds. The commission shall not order an interim rate
schedule into effect as provided by this subdivision until at
least four months after it has made a final determination
concerning any previously filed change of the rate schedule or
the change has otherwise become effective under subdivision 2,
unless it finds that a four month delay would unreasonably
burden the utility, its customers, or its shareholders and that
an earlier imposition of interim rates is therefore necessary.
Sec. 96. Minnesota Statutes 1982, section 216B.52,
subdivision 1, is amended to read:
Subdivision 1. [APPEALS.] Any party to a proceeding before
the commission or any other person, aggrieved by a decision and
order and directly affected thereby by it, shall be entitled to
may appeal from such the decision and order of the commission.
The proceedings shall be instituted by serving a notice of
appeal personally or by certified mail upon the commission or
one of its members or upon its secretary, and by filing the
notice in the office of the clerk of the district court of the
county of Ramsey or of the county in which the appellant resides
or maintains his principal place of business, all within 30 days
after the service of the order and decision of the commission or
in cases where a rehearing is requested within 30 days after
service of the order finally disposing of the application for
the rehearing, or within 30 days after the final disposition by
operation of law of the application for rehearing. The notice
shall state the nature of the appellant's interest, the facts
showing that the appellant is aggrieved and directly affected by
the decision, and the grounds upon which the appellant contends
that the decision should be reversed or modified. Copies of the
notice shall be served, personally or by certified mail, not
later than 30 days after the institution of the appeal, upon all
parties who appeared before the commission in the proceeding in
which the order sought to be reviewed was made. The commission
and all parties to the proceeding before it, shall have the
right to participate in the appeal. The court, in its
discretion, may permit other interested parties to intervene in
accordance with chapter 14.
Sec. 97. Minnesota Statutes 1982, section 231.33, is
amended to read:
231.33 [APPEAL TO THE SUPREME COURT.]
Any party to an appeal or other proceeding in district
court under the provisions of this chapter may appeal from the
final judgment or from any final order therein in the same cases
and manner as in other civil actions cases. The appeal may be
filed in the supreme court before or during any term thereof and
shall be immediately entered on the calendar and heard upon such
notice as the court may prescribe.
Sec. 98. Minnesota Statutes 1982, section 237.075,
subdivision 3, is amended to read:
Subd. 3. [INTERIM RATES.] Notwithstanding any order of
suspension of a proposed increase in rates, the commission shall
order an interim rate schedule into effect not later than 60
days after the initial filing date. The commission shall order
the interim rate schedule ex parte without a public hearing.
Notwithstanding the provisions of sections 216.24, 216.25, and
237.25, no interim rate schedule ordered by the commission
pursuant to this subdivision shall be subject to an application
for a rehearing or an appeal to a court until the commission has
rendered its final determination. Unless the commission finds
that exigent circumstances exist, the interim rate schedule
shall be calculated using the proposed test year cost of
capital, rate base, and expenses, except that it shall include:
(1) a rate of return on common equity for the company equal to
that authorized by the commission in the company's most recent
rate proceeding; (2) rate base or expense items the same in
nature and kind as those allowed by a currently effective order
of the commission in the company's most recent rate proceeding;
and (3) no change in the existing rate design, except for
products and services offered by nonregulated competitors. In
the case of a company which has not been subject to a prior
commission determination or has not had a general rate
adjustment in the preceding three years, the commission shall
base the interim rate schedule on its most recent determination
concerning a similar company.
If, at the time of its final determination, the commission
finds that the interim rates are in excess of the rates in the
final determination, the commission shall order the company to
refund the excess amount collected under the interim rate
schedule, including interest thereon on it which shall be at the
rate of interest determined by the commission. The company
shall commence distribution of the refund to its customers
within 120 days of the final order, not subject to rehearing or
appeal. If, at the time of its final determination, the
commission finds that the interim rates are less than the rates
in the final determination, the commission shall prescribe a
method whereby by which the company will recover the difference
in revenues from the date of the final determination to the date
the new rate schedules are put into effect.
If the telephone company fails to make refunds within the
period of time prescribed by the commission, the commission
shall sue therefor and may recover on behalf of all persons
entitled to a refund. In addition to the amount of the refund
and interest due, the commission shall be entitled to recover
reasonable attorney's fees, court costs and estimated cost of
administering the distribution of the refund to persons entitled
thereto. No suit under this subdivision shall be maintained
unless instituted within two years after the end of the period
of time prescribed by the commission for repayment of refunds.
The commission shall not order an interim rate schedule into
effect as provided by this subdivision until at least four
months after it has made a final determination concerning any
previously filed change of the rate schedule or the change has
otherwise become effective under subdivision 2, unless it finds
that a four month delay would unreasonably burden the company,
its customers, or its shareholders and that an earlier
imposition of interim rates is therefore necessary.
Sec. 99. Minnesota Statutes 1982, section 237.20, is
amended to read:
237.20 [NOTICE TO COMMISSION AND PROCEDURE.]
When a municipality decides in the manner above provided to
acquire an existing plant by condemnation, it shall give notice
to the commission whose duty it shall be thereupon to which
shall determine the just compensation which the owner of the
plant is entitled to receive therefor from the municipality.
Before deciding upon such the compensation, the commission
shall, at a public meeting which may be adjourned from time to
time, hear all interested parties on the question involved. The
commission shall by order fix the compensation and furnish a
copy of its order to the municipality and to the telephone
company concerned. An appeal may be taken to the district court
of the county wherein such in which the plant is situated from
that part of the order fixing the compensation to be paid,
within 30 days, by either party, which. The appeal shall be
tried the same as other appeals hereunder;. If no such appeal
is taken, the order of the commission shall become final at the
end of 30 days; and when appeal is taken the decision of the
district court or of the supreme court, if taken there from the
district court, shall be final.
Sec. 100. Minnesota Statutes 1982, section 237.25, is
amended to read:
237.25 [APPEALS FROM DECISIONS OF COMMISSION.]
Any party to a proceeding before the commission or the
attorney general may make and perfect an appeal from such the
order as provided in sections 216.24 and 216.25 accordance with
chapter 14.
Upon such appeal being so perfected it may be brought on
for trial at any time by either party upon ten days' notice to
the other and shall then be tried by the court without the
intervention of a jury, and determined upon the pleadings,
evidence, and exhibits introduced before the commission and so
certified by it. At such trial the findings of fact made by the
commission shall be prima facie evidence of the matters therein
stated, and the order shall be deemed prima facie reasonable,
and if the court finds that the order appealed from is unjust,
unreasonable, and not supported by the evidence, it shall make
such order to take the place of the order appealed from as is
justified by the record before it. If the court finds from an
examination of the record that the commission erroneously
rejected evidence which should have been admitted, it shall
remand the proceedings to the commission with instructions to
receive such the evidence so rejected and any rebutting evidence
and make new findings and return the same them to the court for
further proceedings review. In such case the commission, after
notice to the parties in interest, shall proceed to rehear the
matter in controversy, and receive such the wrongfully rejected
evidence and any rebutting evidence offered and make new
findings, as upon the original hearing, and transmit the same it
and such the new record, properly certified, to the court
wherein the appeal is pending of appeals, whereupon the matter
shall be again considered in the court in the same manner as in
an original appeal. Either party may appeal to the supreme
court from the judgment of the district court, as in other civil
actions, except that the appeal must be taken within 30 days
from the date of notice of the entry of such judgment.
Where an appeal is taken to the supreme court the appellant
shall cause a return to be made to the court within 30 days from
the date of appeal, otherwise the appeal shall be deemed
abandoned and may be dismissed upon motion of the respondent.
When the return on the appeal is received by the clerk of the
supreme court, the cause shall be placed on the calendar of the
term then pending, or if none is then pending then of the one
next ensuing and it shall be assigned and brought on for hearing
as other causes on such calendar.
Sec. 101. Minnesota Statutes 1982, section 237.27, is
amended to read:
237.27 [ATTORNEY GENERAL TO COMPEL OBEDIENCE.]
When any telephone company fails to comply with any law of
the state or any order of the commission after it has become
final, or any order or judgment of the district court, the court
of appeals, or the supreme court in any cases taken to any of
the courts, or either of them, on appeal, after such the
judgment or order has become final, it shall be the duty of the
attorney general to shall apply to the district court in the
name of the state in any county in which the plant of the
telephone company, or any part thereof of it, is situated, for a
mandatory injunction or other appropriate writ to compel
obedience to the law, order, or judgment and. The district
court shall punish any disobedience of its orders in such the
enforcement proceedings as for contempt of court.
Sec. 102. Minnesota Statutes 1982, section 237.39, is
amended to read:
237.39 [PRIVATE TELEPHONE LINES SOLD TO TOWN.]
When, under the provisions of sections 237.33 to 237.40, a
township telephone system shall be is established in any
township wherein in which any of the inhabitants of such the
town are already provided with telephone service furnished by
any other telephone company or person, such the town shall, when
so requested by the telephone company or person, acquire from
the telephone company all telephone equipment used by the
telephone company or person in furnishing telephone service to
the inhabitants of such the town exclusively. For the purpose
of determining the purchase price of such the equipment,
application shall be made to the department whose duty it which
shall be thereupon to determine the just compensation which the
owner of such the telephone equipment is entitled to receive
therefor for it from the town. Before deciding upon such the
compensation, the department shall, at a public meeting, which
may be adjourned from time to time, hear all interested persons
of the question involved. The department shall by order fix the
compensation and furnish a copy of its order to the town, and to
the telephone company or person concerned. An appeal may be
taken to the district court of the county wherein such in which
the town is situated from that part of the order fixing the
compensation to be paid, within 30 days, by either party, which.
The appeal shall be tried in the same manner as other appeals
hereunder;. If no such appeal is taken, the order of the
department shall become final at the end of 30 days, and when
appeal is taken the decision of the district court or of the
supreme court, if taken there from the district court, shall be
final.
When, under the provisions of sections 237.33 to 237.40 a
township telephone system has been established in any town, and
it has been determined by the board of supervisors of the town
to be for the best interest of public service and all persons
concerned, to sell and transfer the township telephone system to
any telephone company or person giving service organized for
that purpose and qualified to purchase the system and operate
the same it, the board of supervisors shall have authority to
may sell, transfer, and convey the township telephone system
upon such reasonable price and terms as it may determine;
provided, that there shall be presented to the board of
supervisors by a petition signed by at least 25 percent of the
freeholders of the town asking for the sale thereof; and,. If
such the sale and agreed sale price be are approved at an annual
or special town meeting, it being stated in the notice of such
the annual and special meeting that the proposition will be
considered thereat at it, by 66 percent of the legal voters
attending such the meeting.
If any township telephone lines are sold under the
provisions of sections 237.33 to 237.40, and the town has
theretofore previously issued bonds for the their construction
thereof, and any part of the bonds are then outstanding and
unpaid, the entire consideration received from the sale, or such
part as may be necessary, shall be held and applied only for the
payment and retirement of such the bonds.
Sec. 103. Minnesota Statutes 1982, section 244.11, is
amended to read:
244.11 [APPELLATE REVIEW OF SENTENCE.]
An appeal to the supreme court of appeals may be taken by
the defendant or the state from any sentence imposed or stayed
by the district court according to the rules of criminal
procedure for the district court of Minnesota. A dismissal of
an appeal brought under this section shall not prejudice an
appeal brought under any other section or rule.
When an appeal taken under this section is filed, the clerk
of the district court shall certify to the supreme court the
transcript of the proceedings and any files or records relating
to the defendant, the offense, and the sentence imposed or
stayed, that the supreme court by rule or order may require.
On an appeal pursuant to this section, the supreme court
may review the sentence imposed or stayed to determine whether
the sentence is inconsistent with statutory requirements,
unreasonable, inappropriate, excessive, unjustifiably disparate,
or not warranted by the findings of fact issued by the district
court. This review shall be in addition to all other powers of
review presently existing. The supreme court may dismiss or
affirm the appeal, vacate or set aside the sentence imposed or
stayed and direct entry of an appropriate sentence or order
further proceedings to be had as the supreme court may direct.
This section shall not be construed to confer or enlarge
any right of a defendant to be released pending an appeal.
Sec. 104. Minnesota Statutes 1982, section 246.55, is
amended to read:
246.55 [APPEAL FROM ORDER OF COMMISSIONER.]
Any patient or relative aggrieved by an order of the
commissioner under sections 246.50 to 246.55 may appeal from
such the order to the district court of the county in which he
resides by serving notice of such the appeal on the commissioner
and filing the notice, with proof of service thereof, in the
office of the clerk of the district court of such the county
within 30 days from the date the order was mailed, or such a
later date not exceeding one year from the date of mailing as
permitted by order of such the court. Such The appeal may be
brought on for hearing by the appellant or the commissioner upon
ten days' written notice. It shall be tried to the court which
shall hear such evidence as it deems necessary and by order
affirm or modify the order of the commissioner. When any order
or determination of the commissioner made under sections 246.50
to 246.55 is brought in question on such appeal, such the order
or determination shall be determined de novo. Appeal to the
supreme court from the order of the district court may be taken
in the same manner as appeals are taken from appealable orders
in other civil actions cases.
Sec. 105. Minnesota Statutes 1982, section 252A.21,
subdivision 1, is amended to read:
Subdivision 1. [APPEAL.] The commissioner may appeal from
an order of the court entered under sections 252A.01 to 252A.21
to the district court of appeals in the manner prescribed by
sections 525.71 to 525.731, for appeals by the state. Any
persons, other than the commissioner, aggrieved by an order of
the court entered under sections 252A.01 to 252A.21, may appeal
to the district court of appeals in the manner prescribed by
sections 525.71 to 525.731.
Sec. 106. Minnesota Statutes 1982, section 253B.19,
subdivision 5, is amended to read:
Subd. 5. [APPEAL TO SUPREME COURT.] An interested party
panel may appeal from the decision of the appeal panel to the
supreme court in the same manner of appeals as other appeals in
other civil actions cases. The filing of an appeal shall
immediately suspend the operation of any order granting
transfer, discharge or provisional discharge, pending the
determination of the appeal.
Sec. 107. Minnesota Statutes 1982, section 253B.23,
subdivision 7, is amended to read:
Subd. 7. [APPEAL.] The commissioner or any other aggrieved
party may appeal to the district court of appeals from any order
entered under this chapter as in the manner prescribed in
section 487.39 other civil cases.
Upon perfection of the appeal, the return shall be filed
forthwith. The district court of appeals shall hear the appeal
within 45 days after service of the notice of appeal. This
appeal shall not suspend the operation of the order appealed
from until the appeal is determined, unless otherwise ordered by
the district court of appeals. Notwithstanding any contrary
provision in section 487.39, an appeal may be taken from the
determination of a district court judge to the supreme court
without leave of the supreme court.
Sec. 108. Minnesota Statutes 1982, section 256.045,
subdivision 9, is amended to read:
Subd. 9. [APPEAL TO THE SUPREME COURT.] Any party who is
aggrieved by the order of the district court may appeal the
order to the supreme court in the same manner as appeals from
other orders in other civil actions cases. No costs or
disbursements shall be taxed against any party on an appeal to
the district court or the supreme court nor shall any filing fee
or bond be required of any party.
Sec. 109. Minnesota Statutes 1982, section 256.045,
subdivision 10, is amended to read:
Subd. 10. [PAYMENTS PENDING APPEAL.] If the commissioner
of welfare, local welfare referee, or district court orders
monthly assistance or aid or services paid or provided in any
proceeding under this section, it shall be paid or provided
pending appeal to the commissioner of welfare, district court,
court of appeals, or supreme court.
Sec. 110. Minnesota Statutes 1982, section 259.32, is
amended to read:
259.32 [APPEALS.]
Any order, judgment, or decree of a court pursuant to the
provisions of sections 259.21 to 259.32 may be appealed to the
supreme court by any person against whom any such the order,
judgment, or decree is made or who is affected thereby by it as
are appeals from said court in other matters civil cases.
Sec. 111. Minnesota Statutes 1982, section 260.291,
subdivision 2, is amended to read:
Subd. 2. [COURT HEARING APPEAL.] (a) The appeal from a
district court juvenile court is taken directly to the supreme
court of appeals in the same manner in which appeals are taken
as in other civil actions cases.
(b) The appeal from a probate-juvenile court is taken to
the district court which shall try the case de novo. An appeal
in the district court de novo action may be taken to the supreme
court in the same manner as an appeal is taken from a district
court juvenile court.
Sec. 112. Minnesota Statutes 1982, section 268.06,
subdivision 20, is amended to read:
Subd. 20. [PROTEST, REVIEW, REDETERMINATION, APPEAL.] A
review of the charges made to an employer's account as set forth
in the notice of charges referred to in subdivision 18 and a
review of an employer's contribution rate as set forth in the
notice of his rate for any calendar year as provided in
subdivision 19, may be had by such the employer if he files with
the commissioner a written protest setting forth his reasons
therefor within 30 days from the date of the mailing of the
notice of charges or contribution rate to him, which. The date
shall appear on such the notice. Upon receipt of such the
protest, the commissioner shall refer the matter to an official
designated by him to review the charges appearing on such the
notice appealed from or the computations of the protesting
employer's rate, as the case may be, to determine whether or not
there has been any clerical error or error in computation in
either case, and he. The official shall either affirm or make a
redetermination rectifying said the charges or rate as the case
may be, and a notice of such the affirmation or redetermination
shall immediately be mailed to said the employer. If the
employer is not satisfied with such the affirmation or
redetermination, he may appeal therefrom by filing a notice
thereof with the department within ten days after the date of
mailing appearing upon said the redetermination. Upon the
receipt of such the appeal, the commissioner shall refer the
matter to a referee for a hearing and after opportunity for a
fair hearing, the referee shall affirm, modify or set aside the
original determination with its affirmation or the
redetermination, as appears just and proper. The commissioner
may at any time upon his own motion correct any clerical error
of the department resulting in charges against an employer's
account or any error in the computation of an employer's
contribution rate. The referee may order the consolidation of
two or more appeals whenever, in his judgment, such
consolidation will not be prejudicial to any interested party.
At any such hearing a written report of any employee of the
department which has been authenticated shall be admissible in
evidence. Appeals from the decision of the referee shall be
made in the same manner as appeals from the decision of an
appeal tribunal. Decisions of the commissioner made upon appeal
from a decision of the referee shall be reviewed by the supreme
court of appeals upon certiorari in accordance with the
procedure outlined therefor with respect to benefit decisions.
Sec. 113. Minnesota Statutes 1982, section 268.10,
subdivision 8, is amended to read:
Subd. 8. [CERTIORARI.] Any such decision of the
commissioner may be reviewed on certiorari by the supreme court
of appeals provided such a petition for the writ is issued
filed and served upon the adverse party or parties within 30
days after the date of mailing notice of any decision to him at
his last known address.
Any party in interest, except a claimant for benefits, upon
the service of such the writ shall furnish a cost bond to be
approved by the commissioner and pay to the department of
economic security the fee prescribed by rule 103.01 of the rules
of civil appellate procedure which shall be disposed of in the
manner provided by that rule.
Sec. 114. Minnesota Statutes 1982, section 268.12,
subdivision 13, is amended to read:
Subd. 13. [DETERMINATIONS.] (1) An official, designated by
the commissioner, upon his own motion or upon application of an
employing unit, shall determine if an employing unit is an
employer within the meaning of this chapter or as to whether
services performed for it constitute employment within the
meaning of this chapter, and shall notify the employing unit of
such the determination. Such The determination shall be final
unless the employing unit shall, within 30 days after the
mailing of notice of the determination to the employing unit's
last known address file, files a written appeal therefrom from
it.
(2) The commissioner shall designate one or more
representatives, herein referred to as referees, to conduct
hearings on appeals. The employing unit and any claimant whose
filed claim for benefits may be affected by a determination
issued under clause (1) shall be interested parties to an
appeal. The referee shall fix a time and place within this
state for such the hearing and shall give interested parties
written notice thereof of it, by mail, not less than ten days
prior to the time of such the hearing. In the discharge of the
duties imposed by this subdivision, the referee shall have power
to may administer oaths and affirmations, take depositions,
certify to official acts, and issue subpoenas to compel the
attendance of witnesses and the production of books, papers,
correspondence, memoranda, and other records deemed necessary as
evidence in connection with the subject matter of such the
hearing. The written report of any employee of the department
of economic security, made in the regular course of the
performance of such the employee's duties, shall be competent
evidence of the facts therein contained in it and shall be prima
facie correct, unless refuted by other credible evidence.
(3) Upon the conclusion of such the hearing, the referee
shall serve upon the interested parties by mail findings of fact
and decision in respect thereto. The decision of the referee,
together with his findings of fact and reasons in support
thereof of them, shall be is final unless an interested party
shall, within 30 days after the mailing of a copy thereof of it
to the interested parties' last known addresses, file files an
appeal with the commissioner, or unless the commissioner, within
30 days after mailing of such the decision, on his own motion
orders the matter certified to him for review. Appeal from and
review by the commissioner of the decision of the referee shall
be had in the manner provided by regulation rule. The
commissioner may without further hearing affirm, modify, or set
aside the findings of fact or decision, or both, of the referee
on the basis of the evidence previously submitted in the case,
or direct the taking of additional evidence. The commissioner
may disregard the findings of fact of the referee and examine
the testimony taken and make such any findings of fact as the
evidence taken before the referee may, in the judgment of the
commissioner, require, and make such any decision as the facts
so found by him may require. The commissioner shall notify the
employing unit of his findings and decision by mail, mailed to
the interested parties' last known addresses, and notice of such
decision shall contain a statement setting forth the cost of
certification of the record in the matter. The decision of the
commissioner shall become is final unless judicial review
thereof of it is sought as provided by this subdivision. Any
interested party to a proceeding before a referee or the
commissioner may obtain a transcript of the testimony taken
before the referee upon payment to the commissioner of the cost
of such the transcript to be computed at the rate of ten cents
per 100 words.
(4) The district court of the county wherein the hearing
before the referee was held shall appeals may, by writ of
certiorari to the commissioner, have power to review all
questions of law and fact presented by the record in accordance
with chapter 14. The court shall not accept any new or
additional evidence and shall not try the matter de novo. Such
action shall be commenced within 30 days of the mailing of
notice of the findings and decision of the commissioner to the
interested parties affected thereby mailed to their last known
addresses. The commissioner shall not be required to certify
the record to the district court unless the party commencing
such the proceedings for review, as provided above, shall pay
pays to the commissioner the cost of certification of the record
computed at the rate of ten cents per 100 words less such any
amount as may have been previously paid by such the party for a
transcript. It shall be the duty of The commissioner shall,
upon receipt of such the payment, to prepare and certify to the
court a true and correct typewritten copy of all matters
contained in such the record. The costs so collected by the
commissioner shall be deposited by him in the employment
services administration fund provided for in section 268.15.
The party commencing proceedings for review shall file his
brief with the court and serve it upon the commissioner within
60 days of commencing proceedings. The commissioner shall file
his brief with the court and serve it upon the party within 45
days of the service of the party's brief upon the commissioner.
The party may file a reply brief with the court and serve it
upon the commissioner within 15 days of the service of the
commissioner's brief upon him. The proceedings shall be given
precedence over all other civil cases before the court.
The court may confirm or set aside the decision and
determination of the commissioner. If the decision and
determination is set aside and the facts found in the
proceedings before the referee are sufficient, the court may
enter such decision as is justified by law, or may remand the
cause to the commissioner for further proceedings and may state
the questions requiring further hearing, and give such other
instructions as may be proper.
Any decision of the district court may be reviewed on
certiorari by the supreme court provided the writ is issued and
served upon the adverse party or parties within 30 days after
the mailing of the notice of the decision.
(5) A final decision of the commissioner or referee, in the
absence of appeal therefrom, shall be is conclusive for all the
purposes of sections 268.03 to 268.24 except as herein otherwise
provided, and, together with the records therein made, shall be
admissible in any subsequent judicial proceeding involving
liability for contributions. A final decision of the
commissioner or referee may be introduced in any proceeding
involving a claim for benefits.
(6) In the event a final decision of the commissioner or
referee determines the amount of contributions due under
sections 268.03 to 268.24, then, if such the amount, together
with interest and penalties, is not paid within 30 days after
such the decision, the provisions of section 268.161 shall apply;
and. The commissioner shall proceed thereunder, substituting a
certified copy of the final decision in place of the
contribution report therein provided.
Sec. 115. Minnesota Statutes 1982, section 270.22, is
amended to read:
270.22 [FINDINGS OF FACT.]
The commissioner of revenue shall determine the controversy
upon the evidence produced at such the hearing and shall make
and file written findings of fact and his order determining the
controversy. In the equalization and determination of
valuations, the findings and values as given by the assessor of
the local assessment district shall be considered as prima facie
correct. Copies of such the order and findings shall be mailed
to all parties appearing at such the hearing, and to the auditor
of the county in which the property is located. Any
municipality which has appeared in such the proceedings, and
which is aggrieved by the order of the commissioner of revenue
reducing the assessed valuation of any such the property, or
failing to increase such the assessed valuation, may have the
order of the commissioner of revenue reviewed by appeal to the
supreme court of appeals, on either of the following grounds:
(a) that the determination of the commissioner of revenue was
not in accordance with the laws relating to the assessment of
property, or that the commissioner of revenue committed any
other error of law; or (b) that the findings of fact and
determination of value were unwarranted by or were contrary to
the weight of the evidence.
Any owner of property who has appeared in such the
proceedings and who is aggrieved by the order of the
commissioner of revenue raising the assessed valuation of any
such the property, or failing to reduce such the assessed
valuation, may have the order of the commissioner of revenue
reviewed on appeal to the supreme court of appeals in like
manner and upon the same grounds as hereinabove provided for
review on the appeal of any municipality, as hereinafter
provided.
Sec. 116. Minnesota Statutes 1982, section 270.23, is
amended to read:
270.23 [NOTICE OF APPEAL.]
To secure such review, the municipality shall, within 30
days after mailing of notice of such the determination by the
commissioner of revenue, serve upon the commissioner of revenue
a notice of appeal to the supreme court of appeals from the
order of the commissioner of revenue and file the original
thereof, with proof of service, with the clerk of the supreme
court appellate courts, paying the filing fee provided by law
for appeals in civil actions. The filing of such the notice of
appeal shall vest the supreme court with jurisdiction thereof
and such the appeal shall be heard and disposed of as in the
case of appeals from other civil actions from the district court
cases. Records and briefs shall be served and filed as provided
by law or rule of court in such appeals.
The supreme court shall reverse or affirm the order of the
commissioner of revenue or remand the cause to the commissioner
of revenue for a new hearing or further proceedings or for other
disposition thereof, with such further directions as the court
may deem deems proper.
Sec. 117. Minnesota Statutes 1982, section 270.26, is
amended to read:
270.26 [PROCEEDINGS TO DETERMINE ASSESSED VALUATION.]
The proceedings provided hereby in this section are for the
purpose of determining the assessed valuation upon the basis of
which taxes are spread against property, or the its owner
thereof, in the first instance. The order of the commissioner
of revenue, or the final order for judgment of the supreme court
thereon of appeals on it, shall not be a bar to any defense
against such the taxes interposed at the time of the proceedings
for judgment thereon, and on them. All defenses which may be
set up against the proceedings for judgment upon such the taxes
under existing laws may be asserted notwithstanding the
determination of the commissioner of revenue or the supreme
court hereunder. In If the event that taxes are levied or
extended pending review of the order of the commissioner of
revenue by the supreme court, as hereinbefore provided, a
judgment entered upon such the taxes in the tax delinquency
proceedings shall not be a bar to the spreading of further taxes
against such the property for such that year, in the event the
assessed valuation of such the property is raised as herein
provided. In the proceedings for the collection of any taxes
which include an additional levy because of the raising of the
assessed valuation of any property hereunder, the owner may
answer separately to the proceedings to obtain judgment for such
the excess levy.
Sec. 118. Minnesota Statutes 1982, section 270.68,
subdivision 2, is amended to read:
Subd. 2. [APPEALS.] Either party to an action or a
judgment for the recovery of any taxes, interest, or penalties
under subdivision 1 may remove appeal the judgment to the
supreme court by appeal, as provided for appeals in other civil
cases.
Sec. 119. Minnesota Statutes 1982, section 273.16, is
amended to read:
273.16 [DETERMINATION OF CLASSIFICATION.]
The classification of iron-bearing formations under the
provisions of sections 273.14 to 273.16 shall be determined in
the manner hereinafter set forth provided. Any person engaged
in the business of mining, whose tonnage recovery of iron ore
concentrates for a taxable year in producing concentrates from
the iron-bearing material entering the beneficiating plant has
been less than 50 percent, may file a petition with the
commissioner of revenue requesting classification of such the
deposit under the provisions of sections 273.14 to 273.16. The
taxpayer shall furnish such any available data and information
concerning the operation of such the deposit as the commissioner
of revenue may require, and who requires. The commissioner
shall, upon receipt thereof of it, submit such the petition and
data to the University of Minnesota mines experiment station.
The mines experiment station shall consider the deposit referred
to in the petition as a unified commercial operation; and,.
Based on all engineering data and information furnished, it
shall file a written report thereon with the commissioner of
revenue, who, after hearing duly had, shall approve or
disapprove such the report. If a classification is made
covering such the deposit and property, the commissioner of
revenue shall give appropriate notice thereof of it to the
taxing districts affected thereby by it. If the commissioner of
revenue disapprove such disapproves of the classification, his
findings and order thereon on it may be reviewed by a writ of
certiorari issued out of the supreme court of appeals on
petition of the party aggrieved presented to the court within 30
days after the date of the order. Such The classifications
shall also be subject to further review by the mines experiment
station, from time to time, upon request of the commissioner of
revenue or upon further petition by the taxpayer. Valuations
determined hereunder shall be subject to the provisions of
sections 270.19 to 270.26.
Sec. 120. Minnesota Statutes 1982, section 279.21, is
amended to read:
279.21 [APPEAL TO SUPREME COURT.]
The orders and judgment of the district court shall be are
subject to review by the supreme court as in other civil actions
cases. As soon as the appeal is decided, the clerk of the
supreme court appellate courts shall enter the proper order and
forthwith transmit a certified copy thereof of it to the clerk
of the district court. Such The appeal shall not prevent the
entry of judgment in the district court, or the sale of any
parcel of land pursuant to such the judgment, unless at the time
of taking the appeal there be a bond is filed with the clerk of
the district court a bond, with sureties, in an amount to be
approved by the judge thereof, conditioned for the payment of
the amount for which such the judgment shall be rendered, and
the penalties and costs allowed by law, if the decision of the
district court shall be is affirmed.
Sec. 121. Minnesota Statutes 1982, section 282.01,
subdivision 3, is amended to read:
Subd. 3. [SALE OF NONCONSERVATION LANDS.] All parcels of
land classified as nonconservation, except those which may be
reserved, shall be sold as hereinafter provided, if it shall be
is determined, by the county board of the county wherein such in
which the parcels lie, that it is advisable to do so, having in
mind their accessibility, their proximity to existing public
improvements, and the effect of their sale and occupancy on the
public burdens. Any parcels of land proposed to be sold shall
be first appraised by the county board of the county wherein
such in which the parcels lie, and such. The parcels may be
reappraised whenever the county board deems it necessary to
carry out the intent of sections 282.01 to 282.13. In such an
appraisal the value of the land and any standing timber thereon
on it shall be separately determined. No parcel of land
containing any standing timber may be sold until the appraised
value of the timber thereon on it and the sale of the land have
been approved by the commissioner of natural resources. The
commissioner of natural resources shall base his review of a
proposed sale on the policy and considerations specified in
subdivision 1. The decision of the commissioner of natural
resources shall be in writing and shall state the reasons
therefor for it. The county may appeal the decision of the
commissioner of natural resources to the district court in the
manner provided by sections 14.63 to 14.68 or judicial review of
contested case decisions accordance with chapter 14.
In any county wherein in which a state forest or any part
thereof of it is located, the county auditor shall submit to the
commissioner of natural resources at least 30 days before the
first publication of the list of lands to be offered for sale a
list of all lands included therein on the list which are
situated outside of any incorporated municipality. If, at any
time before the opening of the sale, the commissioner notifies
the county auditor in writing that he finds standing timber on
any parcel of such land, such the parcel shall not be sold
unless the requirements of this section respecting the separate
appraisal of such the timber and the approval thereof of the
appraisal by the commissioner shall have been complied with.
The commissioner may waive the requirement of the aforesaid
30-day notice as to any parcel of land which has been examined
and the timber value approved as required by this section.
If any public improvement is made by a municipality after
any parcel of land has been forfeited to the state for the
nonpayment of taxes, and such the improvement is assessed in
whole or in part against the property benefited thereby by it,
the clerk of such the municipality shall certify to the county
auditor, immediately upon the determination of the assessments
for such the improvement, the total amount that would have been
assessed against such the parcel of land if it had been subject
to assessment; or if any such the public improvement is made, as
aforesaid, or is petitioned for, ordered in or assessed, whether
such the improvement is completed in whole or in part, at any
time between the appraisal and the sale of any such the parcel
of land, the cost of such the improvement shall be included as a
separate item and added to the appraised value of any such the
parcel of land at the time it is sold; and. No sale of any such
a parcel of land shall have any effect whatever to discharge or
free such the parcel of land from lien for the special benefit
conferred upon it by reason of such the public improvement until
the cost thereof of it, including penalties, if any, shall be is
paid. The county board shall determine the amount, if any, by
which the value of such the parcel was enhanced by such the
improvement and shall include such the amount as a separate item
in fixing the appraised value for the purpose of sale. In
classifying, appraising, and selling such the lands, the county
board may designate the tracts as assessed and acquired, or may
by resolution provide for the subdivision of such the tracts
into smaller units or for the grouping of several such tracts
into one tract when such the subdivision or grouping is deemed
advantageous for the purpose of sale, but. Each such smaller
tract or larger tract must be classified and appraised as such
before being offered for sale. If any such lands have once been
classified, the board of county commissioners, in its
discretion, may, by resolution, authorize the sale of such the
smaller tract or larger tract without reclassification.
Sec. 122. Minnesota Statutes 1982, section 290.48,
subdivision 6, is amended to read:
Subd. 6. [APPEALS.] Either party to an action or a
judgment for the recovery of any taxes, interest, or penalties
under subdivision 5 may remove appeal the judgment to the
supreme court by appeal of appeals, as provided for appeals in
other civil cases.
Sec. 123. Minnesota Statutes 1982, section 290.92,
subdivision 6, is amended to read:
Subd. 6. [RETURNS, DEPOSITS.] (1) (a) [RETURNS.] Every
employer who is required to deduct and withhold tax under
subdivision 2a or 3 shall file a return with the commissioner
for each quarterly period, on or before the last day of the
month following the close of each quarterly period, unless
otherwise prescribed by the commissioner. Any tax required to
be deducted and withheld during the quarterly period shall be
paid with the return unless an earlier time for payment is
provided herein. However, any such return may be filed on or
before the tenth day of the second calendar month following such
the period if such the return shows timely deposits in full
payment of such the taxes due for such that period. For the
purpose of the preceding sentence, a deposit which is not
required to be made within such the return period, may be made
on or before the last day of the first calendar month following
the close of such the period. Every employer, in preparing said
a quarterly return, shall take credit for monthly deposits
previously made in accordance with this subdivision.
The return shall be in the form and contain the information
prescribed by the commissioner. The commissioner may grant a
reasonable extension of time for filing the return and paying
the tax, but no extension shall be granted for more than six
months.
(b) [ADVANCE DEPOSITS REQUIRED IN CERTAIN CASES.] (i)
Unless clause (ii) is applicable, if during any calendar month,
other than the last month of the calendar quarter, the aggregate
amount of the tax withheld during that quarter under subdivision
2a or 3 exceeds $200, or beginning January 1, 1982, $500, the
employer shall deposit the aggregate amount with the
commissioner within 15 days after the close of the calendar
month. (ii) If at the close of any eighth-monthly period the
aggregate amount of undeposited taxes is $3,000 or more, the
employer shall deposit the undeposited taxes with the
commissioner within three banking days after the close of the
eighth-monthly period. For purposes of this subparagraph, the
term "eighth-monthly period" means the first three days of a
calendar month, the fourth day through the seventh day of a
calendar month, the eighth day through the 11th day of a
calendar month, the 12th day through the 15th day of a calendar
month, the 16th day through the 19th day of a calendar month,
the 20th day through the 22nd day of a calendar month, the 23rd
day through the 25th day of a calendar month, or the portion of
a calendar month following the 25th day of such the month.
(c) [OTHER METHODS.] The commissioner shall have the power
may by rule to prescribe other return periods or deposit
requirements. In prescribing the reporting period, the
commissioner may classify employers according to the amount of
their tax liability and may adopt an appropriate reporting
period for each class which he deems to be consistent with
efficient tax collection. In no event shall the duration of the
reporting period be more than one year, provided that for
employers with annual withholding tax liabilities of less than
$1,200 the reporting period shall be no more frequent than
quarterly.
(2) If less than the correct amount of such tax is paid to
the commissioner, proper adjustments, with respect to both the
tax and the amount to be deducted, shall be made, without
interest, in such the manner and at such the times as the
commissioner may prescribe prescribes. If such the underpayment
cannot be so adjusted, the amount of the underpayment shall be
assessed and collected in such the manner and at such the times
as the commissioner may prescribe prescribes.
(3) If any employer fails to make and file any return
required by paragraph (1) at the time prescribed therefor, or
makes and files a false or fraudulent return, the commissioner
shall make for him a return from his own knowledge and from such
information as he can obtain obtains through testimony, or
otherwise, and assess a tax on the basis thereof of it. The
amount of tax shown thereon on it shall be paid to the
commissioner at such the times as the commissioner may prescribe
prescribes. Any such return or assessment so made by the
commissioner shall be prima facie correct and valid, and the
employer shall have the burden of establishing its incorrectness
or invalidity in any action or proceeding in respect thereto to
it.
(4) If the commissioner, in any case, has reason to believe
that the collection of the tax provided for in paragraph (1) of
this subdivision, and any added penalties and interest, if any,
will be jeopardized by delay, he may immediately assess such the
tax, whether or not the time otherwise prescribed by law for
making and filing the return and paying such the tax has expired.
(5) Any assessment under this subdivision shall be made by
recording the liability of the employer in the office of the
commissioner in accordance with regulations rules prescribed by
the commissioner. Upon request of the employer, the
commissioner shall furnish the employer a copy of the record of
assessment.
(6) Any assessment of tax under this subdivision shall be
made within three and one-half years after the due date of the
return required by paragraph (1), or the date the return was
filed, whichever is later; except that. In the case of a false
or fraudulent return or failure to file a return, the tax may be
assessed at any time.
(7) (a) Except as provided in (b) of this paragraph, every
employer who fails to pay to or deposit with the commissioner
any sum or sums required by this section to be deducted,
withheld and paid, shall be personally and individually liable
to the state of Minnesota for such the sum or sums (and any
added penalties and interest); and. Any sum or sums deducted
and withheld in accordance with the provisions of subdivision 2a
or subdivision 3 shall be held to be a special fund in trust for
the state of Minnesota.
(b) If the employer, in violation of the provision of this
section, fails to deduct and withhold the tax under this
section, and thereafter the taxes against which such the tax may
be credited are paid, the tax so required to be deducted and
withheld shall not be collected from the employer; but this
shall in no case does not relieve the employer from liability
for any penalties and interest otherwise applicable in respect
of such for failure to deduct and withhold.
(8) Upon the failure of any employer to pay to or deposit
with the commissioner, within the time provided by paragraphs
(1), (2), or (3) of this subdivision, any tax required to be
withheld in accordance with the provisions of subdivision 2a or
subdivision 3, or if the commissioner has assessed a tax
pursuant to paragraph (4), such the tax shall become immediately
due and payable, and the commissioner may deliver to the
attorney general a certified statement of the tax, penalties and
interest due from such the employer. The statement shall also
give the address of the employer owing such the tax, the period
for which the tax is due, the date of the delinquency, and such
any other information as may be required by the attorney
general. It shall be the duty of The attorney general to shall
institute legal action in the name of the state to recover the
amount of such the tax, penalties, interest and costs. The
commissioner's certified statement to the attorney general shall
for all purposes and in all courts be prima facie evidence of
the facts therein stated in it and that the amount shown therein
in it is due from the employer named in the statement. In event
If an action is instituted as herein provided, the court shall,
upon application of the attorney general, appoint a receiver of
the property and business of the delinquent employer for the
purpose of impounding the same it as security for any judgment
which has been or may be recovered. Any such action shall be
brought within four years and three months after the due date of
the return or deposit required by paragraph (1), or the date the
return was filed, or deposit made whichever is later; except
that. In the case of failure to make and file such the return
or if such the return is false or fraudulent, or such the
deposit is not made such, the action may be brought at any time.
(8a) The period of time during which a tax must be assessed
or collection proceedings commenced under this subdivision shall
be suspended during the period from the date of filing of a
petition in bankruptcy until 30 days after the commissioner of
revenue receives notice that the bankruptcy proceedings have
been closed or dismissed or the automatic stay has been
terminated or has expired.
The suspension of the statute of limitations under this
subdivision shall apply to the person against whom the petition
in bankruptcy is filed and all other persons who may also be
wholly or partially liable for the tax under this chapter.
(9) Either party to an action for the recovery of any tax,
interest or penalties under this subdivision may remove appeal
the judgment to the supreme court by appeal, as provided for
appeals in other civil cases.
(10) No suit shall lie to enjoin the assessment or
collection of any tax imposed by this section, or the interest
and penalties added thereto to it.
Sec. 124. Minnesota Statutes, section 294.09, subdivision
3, is amended to read:
Subd. 3. [DENIAL OF CLAIM, APPEAL.] Either party to said
the civil action may appeal to the supreme court of appeals as
in other civil cases.
Sec. 125. Minnesota Statutes 1982, section 297.08,
subdivision 3, is amended to read:
Subd. 3. [INVENTORY; JUDICIAL DETERMINATION; APPEAL;
DISPOSITION OF SEIZED PROPERTY.] Within two days after the
seizure of any alleged contraband, the person making the seizure
shall deliver an inventory of the property seized to the person
from whom the seizure was made, if known, and file a copy with
the commissioner. Within ten days after the date of service of
the inventory, the person from whom the property was seized or
any person claiming an interest in the property may file with
the commissioner a demand for a judicial determination of the
question as to whether the property was lawfully subject to
seizure and forfeiture, and thereupon. The commissioner, within
30 days, shall institute an action in the district court of the
county where the seizure was made to determine the issue of
forfeiture. The action shall be brought in the name of the
state and shall be prosecuted by the county attorney or by the
attorney general. The court shall hear the action without a
jury and shall try and determine the issues of fact and law
involved. Whenever a judgment of forfeiture is entered, the
commissioner may, unless the judgment is stayed pending an
appeal to the supreme court, either (1) deliver the forfeited
property to the commissioner of public welfare for use by
patients in state institutions or; (2) cause the same it to be
destroyed; or (3) cause the forfeited property it to be sold at
public auction as provided by law. If a demand for judicial
determination is made and no action is commenced as provided in
this subdivision, the property shall be released by the
commissioner and redelivered to the person entitled to it. If
no demand is made, the property seized shall be deemed forfeited
to the state by operation of law and may be disposed of by the
commissioner as provided where there has been a judgment of
forfeiture. Whenever the commissioner is satisfied that any
person from whom property is seized under sections 297.01 to
297.13 was acting in good faith and without intent to evade the
tax imposed by sections 297.01 to 297.13, he shall release the
property seized, without further legal proceedings.
Sec. 126. Minnesota Statutes 1982, section 297.08,
subdivision 4, is amended to read:
Subd. 4. [DISPOSAL.] The property described in subdivision
1, clause 5 shall be confiscated after conviction of the person
from whom it was seized, upon compliance with the following
procedure: the commissioner or his agents, shall file with the
court a separate complaint against the property, describing it
and charging its use in the specified violation, and specifying
substantially the time and place of the unlawful use. A copy of
the complaint shall be served upon the defendant or person in
charge of the property at the time of seizure, if any. If the
person arrested is acquitted, the court shall dismiss the
complaint against the property and order it returned to the
persons legally entitled to it. Upon conviction of the person
arrested, the court shall issue an order directed to any person
known or believed to have any right or title or interest in, or
lien upon, any of the property, and to persons unknown claiming
any right, title, interest or lien in it, describing the
property and (1) stating that it was seized and that a complaint
against it, charging the specified violation, has been filed
with the court, and (2) requiring the persons to file with the
clerk of the court their answer to the complaint, setting forth
any claim they may have to any right or title to, interest in,
or lien upon the property, within thirty days after the service
of the order as herein provided, and (3) notifying them in
substance that if they fail to file their answer within the
time, the property will be ordered sold by the commissioner or
his agents. The court shall cause the order to be served upon
any person known or believed to have any right, title, interest
or lien as in the case of a summons in a civil action, and upon
unknown persons by publication, as provided for service of
summons in a civil action. If no answer is filed as and within
the time prescribed, the court shall, upon affidavit by the
clerk of the court, setting forth the fact, order the property
sold by the commissioner or his agents, and. The proceeds of
the sale, after deducting the expense of keeping the property
and fees and costs of sale, paid into the state treasury, to be
credited to the general fund. If answer is filed as and within
the time provided, the court shall fix a time for hearing, which
shall be not less than ten nor more than 30 days after the time
for filing answer expires. At the time fixed for hearing,
unless continued for cause, the matter shall be heard and
determined by the court, without a jury, as in other civil
actions. If the court shall find finds that the property, or
any part thereof of it, was used in the violation specified in
the complaint, he shall order the property unlawfully used, sold
as herein provided by law, unless the owner shall show shows to
the satisfaction of the court that he had no notice or knowledge
or reason to believe that the property was used or intended to
be used in the violation. The officer making a sale, after
deducting the expense of keeping the property, the fee for
seizure, and the costs of the sale, shall pay all liens
according to their priority, which are established at the
hearing as being bona fide and as existing without the lienor
having any notice or knowledge that the property was being used
or was intended to be used for or in connection with the
violation specified in the order of the court, and shall pay the
balance of the proceeds into the state treasury to be credited
to the general fund. Any sale under the provisions of this
section shall operate to free the property sold from any and all
liens thereon on it. Appeal from the order of the district
court will lie to the supreme court as in other civil actions
cases. At any time after seizure of the articles specified in
this subdivision, and before the hearing herein provided for,
the property shall be returned to the owner or person having a
legal right to its possession thereof, upon execution by him of
a good and valid bond to the state of Minnesota, with corporate
surety, in the sum of not less than $100 and not more than
double the value of the property seized, to be approved by the
court in which the case is triable, or a judge thereof of it,
conditioned to abide any order and the judgment of the court,
and to pay the full value of the property at the time of
seizure. The proceedings outlined in this subdivision may be
dismissed by the commissioner when he deems it to be in the best
interests of the state to do so.
Sec. 127. Minnesota Statutes 1982, section 297.37,
subdivision 5, is amended to read:
Subd. 5. [REVIEW.] Any person aggrieved by an order of the
commissioner fixing a tax, penalty, or interest under section
297.35 may, within 60 days from the date of notice of the order,
appeal to the tax court in the manner provided by law. Any
other order of the commissioner under sections 297.31 to 297.39
shall be subject to review by certiorari to the court of appeals.
Sec. 128. Minnesota Statutes 1982, section 297A.15,
subdivision 4, is amended to read:
Subd. 4. [SEIZURE; COURT REVIEW.] The commissioner of
revenue or his duly authorized agents are hereby authorized and
empowered to seize and confiscate in the name of the state any
truck, automobile or means of transportation not owned or
operated by a common carrier, used in the illegal importation
and transportation of any article or articles of tangible
personal property by a retailer or his agent or employee who
does not have a sales or use tax permit and has been engaging in
transporting personal property into the state without payment of
the tax. The commissioner may demand the forfeiture and sale of
the truck, automobile or other means of transportation together
with the property being transported illegally, unless the owner
can establish establishes to the satisfaction of the
commissioner or the court that he had no notice or knowledge or
reason to believe that the vehicle was used or intended to be
used in any such violation. Within two days after the seizure,
the person making the seizure shall deliver an inventory of the
vehicle and property seized to the person from whom the seizure
was made, if known, and to any person known or believed to have
any right, title, interest or lien on the vehicle or property,
and shall also file a copy with the commissioner. Within ten
days after the date of service of the inventory, the person from
whom the vehicle and property was seized or any person claiming
an interest in the vehicle or property may file with the
commissioner a demand for a judicial determination of the
question as to whether the vehicle or property was lawfully
subject to seizure and forfeiture, and thereupon. The
commissioner, within 30 days, shall institute an action in the
district court of the county where the seizure was made to
determine the issue of forfeiture. The action shall be brought
in the name of the state and shall be prosecuted by the county
attorney or by the attorney general. The court shall hear the
action without a jury and shall try and determine the issues of
fact and law involved. Whenever a judgment of forfeiture is
entered, the commissioner may, unless the judgment is stayed
pending an appeal to the supreme court, cause the forfeited
vehicle and property to be sold at public auction as provided by
law. If a demand for judicial determination is made and no
action is commenced as provided in this subdivision, the vehicle
and property shall be released by the commissioner and
redelivered to the person entitled to it. If no demand is made,
the vehicle and property seized shall be deemed forfeited to the
state by operation of law and may be disposed of by the
commissioner as provided where there has been a judgment of
forfeiture. The forfeiture and sale of the automobile, truck or
other means of transportation, and of the property being
transported illegally therein in it, shall be and operate as is
a penalty for the violation of this chapter. After deducting
the expense of keeping the vehicle and property, the fee for
seizure, and the costs of the sale, the commissioner shall pay
from the funds collected all liens according to their priority,
which are established at the hearing as being bona fide and as
existing without the lienor having any notice or knowledge that
the vehicle or property was being used or was intended to be
used for or in connection with any such violation as specified
in the order of the court, and shall pay the balance of the
proceeds into the state treasury to be credited to the general
fund. The state shall not be liable for any liens in excess of
the proceeds from the sale after deductions provided herein.
Any sale under the provisions of this section shall operate to
free the vehicle and property sold from any and all liens
thereon on it, and appeal from such the order of the district
court will lie to the supreme court as in other civil actions
cases.
For the purposes of this section, "common carrier" means
any person engaged in transportation for hire of tangible
personal property by motor vehicle, limited to (1) a person
possessing a certificate or permit authorizing for-hire
transportation of property from the interstate commerce
commission or the Minnesota public utilities commission; or (2)
any person transporting commodities defined as "exempt" in
for-hire transportation; or (3) any person who pursuant to a
contract with a person described in (1) or (2) above transports
tangible personal property.
Sec. 129. Minnesota Statutes 1982, section 298.09,
subdivision 3, is amended to read:
Subd. 3. [ORDER; APPEAL.] After such the hearing the
commissioner of revenue shall make his order either affirming
his determination of the tax due from the person so appearing or
modifying such the determination as he shall deem deems just and
equitable, and,. Upon the making and filing of such the order,
said the determination shall, except as hereinafter otherwise
provided, become final and conclusive. The determination of the
amount of tax due from any person not appearing at such the
hearing shall, except as hereinafter otherwise provided, become
final and conclusive on the second secular day following the
fourteenth day of May without further order. The determination
by the commissioner of revenue of the amount of any tax due
hereunder shall, except as hereinafter otherwise provided, be
subject to review only on a writ of certiorari issued out of the
supreme court of appeals on petition therefor for it presented
to said the court by the person subject to the tax on or before
July first next following the determination of the tax.
Sec. 130. Minnesota Statutes 1982, section 299D.03,
subdivision 11, is amended to read:
Subd. 11. [REVIEW BY CERTIORARI STATE TROOPER; APPEAL.]
Any state trooper who is so suspended, demoted, or dismissed may
have such appeal the decision or determination of the
commissioner reviewed by a writ of certiorari in the district
court of the county where such trooper resides. If such
decision or determination of the commissioner shall be finally
rejected or modified by the court, the trooper shall be
reinstated in his position, and the commissioner shall pay to
the trooper so suspended out of the funds of the state the
salary or wages withheld from him pending the determination of
the charges or as may be directed by the court in accordance
with chapter 14.
Sec. 131. Minnesota Statutes 1982, section 299F.25, is
amended to read:
299F.25 [APPEALS.]
Either party to an action or a judgment for the recovery of
any taxes, interest, or penalties under section 299F.24 may
remove the action or judgment appeal to the supreme court by
appeal, of appeals as provided for appeals in other civil
cases.
Sec. 132. Minnesota Statutes 1982, section 299F.26,
subdivision 3, is amended to read:
Subd. 3. [DENIAL OF CLAIM, APPEAL.] Either party to said
the action may appeal to the supreme court of appeals as in
other civil cases.
Sec. 133. Minnesota Statutes 1982, section 327B.05,
subdivision 2, is amended to read:
Subd. 2. [DENIAL; APPEAL; RECONSIDERATION.] If the
commissioner denies an application for a license, he shall
inform the applicant and summarize in writing the reasons for
the denial. Within 15 days of receiving the commissioner's
notice, the applicant may request in writing that the
commissioner reconsider. The request for reconsideration shall
explain why the commissioner's previous decision was wrong and
shall specifically address each reason given by the commissioner
for the denial. Within 20 days of receiving the request for
reconsideration, the commissioner shall decide whether to
withdraw the denial and grant a license. If the commissioner
reaffirms the denial, the applicant may appeal in the manner
provided in subdivision 7 accordance with chapter 14. An
applicant whose application is denied may also cure the defects
in the application cited by the commissioner and resubmit the
application at no extra charge.
Sec. 134. Minnesota Statutes 1982, section 340.404,
subdivision 7, is amended to read:
Subd. 7. [APPEAL TO SUPREME COURT.] Either party may
appeal from the final judgment of the district court, or from
any final order therein in it, in the same manner as in a
other civil action cases, within ten days after service of
notice of the filing of such the judgment or final order. No
bond on appeal shall be required. The perfecting of an appeal
to the supreme court operates to stay all proceedings until the
final determination of the appeal. The commissioner shall not
refuse to issue a license to any licensee during the time that
an appeal from an order of suspension or revocation of license
is pending.
Sec. 135. Minnesota Statutes 1982, section 340.54,
subdivision 2, is amended to read:
Subd. 2. [SEIZURE OF CONVEYANCES; COMPLAINTS; PROCEDURE IN
DISTRICT COURT.] The commissioner of public safety and his
designated inspectors and employees shall seize all vehicles and
conveyances used in the manufacture, sale, possession, storage
or transportation of liquor in violation of sections 340.07 to
340.961, and hold them subject to the order of the district
court of the county in which they are seized. The confiscation
of any vehicle or conveyance seized hereunder shall be complete
upon compliance with the following procedure:
The commissioner of public safety and his designated
inspectors and employees shall file with the court a separate
complaint against the vehicle or conveyance, describing the same
it and charging its use in the specified violation, and
specifying substantially the time and place of the unlawful
use. A copy of the complaint shall be served upon the defendant
or person in charge of the vehicle or conveyance at the time of
seizure, if any. The court shall issue an order directed to any
person known or believed to have any right or title or interest
in, or lien upon, any such the vehicle or conveyance, and to
persons unknown claiming any such right, title, interest or
lien, describing the vehicle or conveyance and stating that the
same (1) it was seized and that a complaint against the same it,
charging the specified violation, has been filed with the court,
and (2) requiring such the persons to file with the clerk of the
court their answer to the complaint, setting forth any claim
they may have to any right or title to, interest in, or lien
upon any such the vehicle or conveyance, within ten days after
the service of such the order as herein provided, and (3)
notifying them in substance that if they fail to so file their
answer within that time, the vehicle or conveyance will be
ordered sold by the commissioner or his agents. The court shall
cause the order to be served upon the registered owner and upon
any person who has duly filed a conditional sales contract,
mortgage or other lien instrument covering the property unless
the same it has been released or satisfied, and upon any other
person known or believed to have any right, title, interest in,
or lien upon, any such the vehicle or conveyance as in the case
of a summons in a civil action, and upon unknown persons by
publication, as provided for service of summons in a civil
action. If no answer is filed as and within the time
prescribed, the court shall, upon affidavit by the clerk of the
court, setting forth such that fact, order the vehicle or
conveyance sold by the commissioner or his agents, and. The
proceeds of the sale, after deducting the expense of keeping the
vehicle or conveyance and fees and costs of sale, shall be paid
into the state treasury. If answer is filed as and within the
time herein provided, the court shall fix a time for hearing,
which shall be not less than 10 nor more than 30 days after the
time for filing answer expires. At the time so fixed for
hearing, unless continued for cause, the matter shall be heard
and determined by the court, without a jury, as in other civil
actions cases. If the court shall find finds that the vehicle
or conveyance, or any part thereof of it, was used in any such
the violation as specified in the complaint, he shall order the
vehicle or conveyance so unlawfully used, sold as herein
provided by law, unless the owner shall show shows to the
satisfaction of the court that the vehicle was being used
without his consent or that at the time of giving such consent
he had no notice or knowledge or reason to believe that the
vehicle or conveyance was intended to be used in any such
violation. The officer making any such the sale, after
deducting the expense of keeping the vehicle or conveyance, the
fee for seizure, and the costs of the sale, shall pay all liens
according to their priority, which are established at the
hearing as being bona fide and as existing without the lienor
having any notice or knowledge at the time the lien was created
that such the vehicle or conveyance was being used or was
intended to be used for or in connection with any such violation
as specified in the order of the court, and shall pay the
balance of the proceeds into the state treasury. Any sale under
the provisions of this section shall operate to free the vehicle
or conveyance sold from any and all liens thereon on it, and
appeal from such the order of the district court will lie to the
supreme court as in other civil actions cases. At any time
after seizure thereof, and before the hearing herein provided
for, the vehicle or conveyance shall be returned to the owner or
person having a legal right to possession thereof of it, upon
execution by him of a good and valid bond to the state of
Minnesota, with corporate surety, in the sum of not less than
$100 and not more than double the value of the vehicle or
conveyance seized, to be approved by the court in which the case
is triable, or a judge thereof of it, conditioned to abide any
order and the judgment of the court, and to pay the full value
of the vehicle or conveyance at the time of seizure.
Sec. 136. Minnesota Statutes 1982, section 351.03, is
amended to read:
351.03 [REMOVAL BY GOVERNOR.]
The governor may remove from office any clerk of the
supreme court appellate courts or a district court, judge of
probate, judge of any municipal court, justice of the peace,
court commissioner, sheriff, constable, coroner, auditor, county
recorder, county attorney, county superintendent of schools,
county commissioner, county treasurer, or any collector,
receiver, or custodian of public moneys, when it appears to him
by competent evidence, that either the officer has been guilty
of malfeasance or nonfeasance in the performance of his official
duties; first giving. Prior to removal, he shall give to such
the officer a copy of the charges against him and an opportunity
to be heard in his defense.
Sec. 137. Minnesota Statutes 1982, section 352.01,
subdivision 2B, is amended to read:
Subd. 2B. [EXCLUDED EMPLOYEES.] The following persons are
excluded from the meaning of state employee:
(1) elective state officers;
(2) students employed by the University of Minnesota, the
state universities, and community colleges unless approved for
coverage by the board of regents, the state university board or
the state board for community colleges, as the case may be;
(3) employees who are eligible to membership in the state
teachers retirement association except employees of the
department of education who have elected or may elect to be
covered by the Minnesota state retirement system instead of the
teachers retirement association;
(4) employees of the University of Minnesota who are
excluded from coverage by action of the board of regents;
(5) officers and enlisted men in the national guard and the
naval militia and such as are assigned to permanent peacetime
duty who pursuant to federal law are or are required to be
members of a federal retirement system;
(6) election officers;
(7) persons engaged in public work for the state but
employed by contractors when the performance of such the
contract is authorized by the legislature or other competent
authority;
(8) officers and employees of the senate and house of
representatives or a legislative committee or commission who are
temporarily employed;
(9) all courts and all court employees thereof, referees,
receivers, jurors, and notaries public, except employees of the
supreme court appellate courts and referees and adjusters
employed by the department of labor and industry;
(10) patient and inmate help in state charitable, penal and
correctional institutions including the Minnesota veterans home;
(11) persons employed for professional services where such
the service is incidental to regular professional duties and
whose compensation is paid on a per diem basis;
(12) employees of the Sibley House Association;
(13) employees of the Grand Army of the Republic and
employees of the ladies of the G.A.R.;
(14) operators and drivers employed pursuant to section
16.07, subdivision 4;
(15) the members of any state board or commission who serve
the state intermittently and are paid on a per diem basis; the
secretary, secretary-treasurer, and treasurer of such those
boards if their compensation is $500 or less per year, or, if
they are legally prohibited from serving more than two
consecutive terms and their total service therefor is required
by law to be less than ten years; and the board of managers of
the state agricultural society and its treasurer unless he is
also its full time secretary;
(16) state troopers;
(17) temporary employees of the Minnesota state fair
employed on or after July 1 for a period not to extend beyond
October 15 of the same year; also and persons employed at any
time or times by the state fair administration for special
events held on the fairgrounds;
(18) emergency employees in the classified service except
emergency employees who within the same pay period become
provisional or probationary employees on other than a temporary
basis, shall be deemed "state employees" retroactively to the
beginning of the pay period;
(19) persons described in section 352B.01, subdivision 2,
clauses (b) and (c) formerly defined as state police officers;
(20) all temporary employees in the classified service, all
temporary employees in the unclassified service appointed for a
definite period of not more than six months and employed less
than six months in any one year period and all seasonal help in
the unclassified service employed by the department of revenue;
(21) trainees paid under budget classification number 41,
and other trainee employees, except those listed in subdivision
2A, clause (10);
(22) persons whose compensation is paid on a fee basis;
(23) state employees who in any year have credit for 12
months service as teachers in the public schools of the state
and as such teachers are members of the teachers retirement
association or a retirement system in St. Paul, Minneapolis, or
Duluth;
(24) employees of the adjutant general employed on an
unlimited intermittent or temporary basis in the classified and
unclassified service for the support of army and air national
guard training facilities;
(25) chaplains and nuns who have taken a vow of poverty as
members of a religious order;
(26) labor service employees employed as a laborer 1 on an
hourly basis;
(27) examination monitors employed by departments,
agencies, commissions, and boards for the purpose of conducting
examinations required by law;
(28) members of appeal tribunals, exclusive of the chairman
to which reference is made in section 268.10, subdivision 4;
(29) persons appointed to serve as members of fact finding
commissions, adjustment panels, arbitrators, or labor referees
under the provisions of chapter 179;
(30) Temporary employees employed for limited periods of
time under any state or federal program for the purpose of
training or rehabilitation including persons employed thereunder
for limited periods of time from areas of economic distress
except skilled and supervisory personnel and persons having
civil service status covered by the system;
(31) full-time students employed by the Minnesota
historical society who are employed intermittently during part
of the year and full time during the summer months;
(32) temporary employees, appointed for not more than six
months, of the metropolitan council and of any of its statutory
boards, the members of which board are appointed by the
metropolitan council;
(33) persons employed in positions designated by the
department of employee relations as student workers;
(34) any person who is 65 years of age or older when
appointed and who does not have allowable service credit for
previous employment, unless such the employee gives notice to
the director within 60 days following his appointment that he
desires coverage;
(35) tradesmen employed by the metropolitan waste control
commission with trade union pension plan coverage pursuant to a
collective bargaining agreement first employed after June 1,
1977; and
(36) persons employed in subsidized on-the-job training,
work experience or public service employment as enrollees under
the federal comprehensive employment and training act from and
after March 30, 1978, unless the person has as of the later of
March 30, 1978 or the date of employment sufficient service
credit in the retirement system to meet the minimum vesting
requirements for a deferred annuity, or the employer agrees in
writing on forms prescribed by the director to make the required
employer contributions, including any employer additional
contributions, on account of that person from revenue sources
other than funds provided under the federal comprehensive
employment and training act, or the person agrees in writing on
forms prescribed by the director to make the required employer
contribution in addition to the required employee contribution.
Sec. 138. Minnesota Statutes 1982, section 352D.02,
subdivision 1, is amended to read:
Subdivision 1. [COVERED EMPLOYEES.] The following
employees, if they are in the unclassified service of the state
and are eligible for coverage under the Minnesota state
retirement system, shall participate in the unclassified program
unless an employee gives notice to the executive director of the
state retirement system within one year following the
commencement of employment in the unclassified service that the
employee desires coverage under the regular employee plan. For
the purposes of this chapter, an employee who does not file
notice with the executive director shall be deemed to have
exercised the option to participate in the unclassified plan.
(1) Any employee in the office of the governor, lieutenant
governor, secretary of state, state auditor, state treasurer,
attorney general or the state board of investment,
(2) The head of any department, division, or agency created
by statute in the unclassified service, an acting department
head subsequently appointed to the position, or any employee
enumerated in sections 15A.081, subdivision 1 or 15A.083,
subdivision 4,
(3) Any permanent, fulltime unclassified employee of the
legislature or any commission or agency of the legislature or a
temporary legislative employee having shares in the supplemental
retirement fund as a result of former employment covered by this
chapter, whether or not eligible for coverage under the
Minnesota state retirement system,
(4) Any person employed in a position established pursuant
to section 43A.08, subdivision 1, clause (c), or subdivision 1a
or in a position authorized under a statute creating or
establishing a department or agency of the state, which is at
the deputy or assistant head of department or agency or director
level,
(5) The chairman, chief administrator, and not to exceed
nine positions at the division director or administrative deputy
level of the metropolitan waste control commission as designated
by the commission, and the chairman, executive director, and not
to exceed nine positions at the division director or
administrative deputy level of the metropolitan council as
designated by the council; provided that upon initial
designation of all positions provided for in this clause, no
further designations or redesignations shall be made without
approval of the board of directors of the Minnesota state
retirement system,
(6) The executive director, associate executive director,
and not to exceed nine positions of the higher education
coordinating board in the unclassified service, as designated by
the higher education coordinating board; provided that upon
initial designation of all positions provided for in this
clause, no further designations or redesignations shall be made
without approval of the board of directors of the Minnesota
state retirement system,
(7) The clerk of the Minnesota supreme court appellate
courts appointed pursuant to Article VI, Section 2, of the
Constitution of the state of Minnesota,
(8) The chief executive officers of correctional facilities
operated by the department of corrections and of hospitals and
nursing homes operated by the department of welfare, and
(9) Any employee whose principal employment is at the state
ceremonial house.
Sec. 139. Minnesota Statutes 1982, section 357.07, is
amended to read:
357.07 [DEPOSIT FOR FEES.]
No civil action, appeal, or proceeding shall be entered
with the clerk of the district court until the person desiring
such the entry shall deposit deposits with such the clerk
the sum of $5 on account of fees in the case and out of which
the clerk shall satisfy the fees in such case as they accrue,
and. Whenever the sum, or any further deposit, is exhausted the
clerk may require as a condition for further entries or fees an
additional deposit of $1. Any balance remaining with the clerk
after determination of the case shall be returned to the
depositor, his agent or attorney. Fees and charges for a
transcript of the minutes of any trial, or of any papers on
file, to the supreme court shall be at the rate of 75 cents for
the first three folios, 15 cents for each additional folio, and
50 cents for the certificate.
Sec. 140. Minnesota Statutes 1982, section 357.08, is
amended to read:
357.08 [PAID BY APPELLANT IN APPEAL TO SUPREME COURT.]
In lieu of all charges now provided by law as fees of the
clerk of the supreme court, There shall be paid to the clerk of
the appellate courts by the appellant, or moving party or person
requiring the service, in all cases of appeal, certiorari,
habeas corpus, mandamus, injunction, prohibition, or other
original proceeding, the sum of $20.
The clerk shall not file any paper, issue any writ or
certificate, or perform any service enumerated herein, until the
payment therefor shall have has been made, and when made for
it. He shall pay such the sum into the state treasury as
provided for by section 15A.01.
The charges provided for herein shall not apply to
disbarment proceedings, nor to an action or proceeding by the
state taken solely in the public interest, where the state is
the appellant or moving party, nor to copies of the opinions of
the court furnished by the clerk to the parties before judgment,
or so furnished to the district judge whose decision is under
review, or to such law library associations in counties having a
population exceeding 50,000, as the court may direct.
Sec. 141. Minnesota Statutes 1982, section 360.019,
subdivision 2, is amended to read:
Subd. 2. [HEARINGS BEFORE COMMISSIONER, REVIEW BY
CERTIORARI; APPEAL.] Any person aggrieved by an order of the
commissioner or by the granting or denial of any license,
permit, certificate, or registration may request a hearing
before the commissioner. The commissioner shall hold a public
hearing and may stay the order until after the hearing. Orders
of the commissioner reached after a public hearing may be
reviewed by certiorari appeal in the district court of Ramsey
county or the district court of the county in which the person
resides, or (in the case of orders relating to obstructions to
air navigation) of the county in which the structure exists or
is to be erected accordance with chapter 14.
Sec. 142. Minnesota Statutes 1982, section 360.072,
subdivision 1, is amended to read:
Subdivision 1. [PETITION APPEAL.] Any person aggrieved, or
taxpayer affected, by any decision of a board of adjustment, or
of any action of the commissioner taken under section 360.063,
subdivisions 6 or 6a, or any governing body of a municipality or
county, or any joint airport zoning board, which is of the
opinion believes that a decision of a board of adjustment or
action of the commissioner is illegal may present to the
district court of the county in which the airport involved, or
the major portion thereof, is located a verified petition
setting forth that the decision or action is illegal, appeal in
whole or in part, and specifying the grounds of the illegality.
Such petition shall be presented to the court within 30 days
after the decision is filed in the office of the board, or the
action taken by the commissioner accordance with chapter 14.
Sec. 143. Minnesota Statutes 1982, section 363.06,
subdivision 4, is amended to read:
Subd. 4. [INQUIRY INTO CHARGE.] (1) Consistent with clause
(7), when a charge has been filed, the commissioner shall
promptly inquire into the truth of the allegations of the
charge. The commissioner shall make an immediate inquiry when
necessary to prevent a charging party from suffering irreparable
loss in the absence of immediate action. The commissioner shall
also make an immediate inquiry when it appears that a charge is
frivolous or without merit and shall dismiss those charges. On
all other charges the commissioner shall make a determination as
to whether or not there is probable cause to credit the
allegation of unfair discriminatory practices, and
(2) If the commissioner determines after investigation that
no probable cause exists to credit the allegations of the unfair
discriminatory practice, the commissioner shall, within ten days
of the determination, serve upon the charging party and
respondent written notice of the determination. Within ten days
after receipt of notice, the charging party may request in
writing on forms prepared by the department that the
commissioner reconsider his determination. The request shall
contain a brief statement of the reasons for and new evidence in
support of the request for reconsideration. At the time of
submission of the request to the commissioner, the charging
party shall deliver or mail to the respondent a copy of the
request for reconsideration. The commissioner shall either
reaffirm or reverse his determination of no probable cause
within 20 days after receipt of the request for reconsideration,
and he shall within ten days notify in writing the charging
party and respondent of his decision to reaffirm or reverse.
A decision by the commissioner that no probable cause
exists to credit the allegations of an unfair discriminatory
practice shall not be appealed to district the court of appeals
pursuant to section 363.072 or sections 14.63 to 14.68.
(3) If the commissioner determines after investigation that
probable cause exists to credit the allegations of unfair
discriminatory practices, the commissioner shall serve on the
respondent and his attorney if he is represented by counsel, by
first class mail, a notice setting forth a short plain written
statement of the alleged facts which support the finding of
probable cause and an enumeration of the provisions of law
allegedly violated. If the commissioner determines that
attempts to eliminate the alleged unfair practices through
conciliation pursuant to subdivision 5 have been or would be
unsuccessful or unproductive, the commissioner shall issue a
complaint and serve on the respondent, by registered or
certified mail, a written notice of hearing together with a copy
of the complaint, requiring the respondent to answer the
allegations of the complaint at a hearing before a hearing
examiner at a time and place specified in the notice, not less
than ten days after service of said complaint. A copy of the
notice shall be furnished to the charging party and the attorney
general.
(4) If, at any time after the filing of a charge, the
commissioner has reason to believe that a respondent has engaged
in any unfair discriminatory practice, the commissioner may file
a petition in the district court in a county in which the
subject of the complaint occurs, or in a county in which a
respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final
determination of proceedings under this chapter, including an
order or decree restraining him from doing or procuring an act
tending to render ineffectual an order the commissioner may
enter with respect to the complaint. The court shall have power
to grant temporary relief or a restraining order as it deems
just and proper, but no relief or order extending beyond ten
days shall be granted except by consent of the respondent or
after hearing upon notice to the respondent and a finding by the
court that there is reasonable cause to believe that the
respondent has engaged in a discriminatory practice. Except as
modified by this section, the Minnesota rules of civil procedure
shall apply to an application, and the district court shall have
authority to grant or deny the relief sought on conditions as it
deems just and equitable. All hearings under this section shall
be given precedence as nearly as practicable over all other
pending civil actions.
(5) If a lessor, after he has engaged in a discriminatory
practice defined in section 363.03, subdivision 2, clause (1),
(a), leases or rents a dwelling unit to a person who has no
knowledge of the practice or of the existence of a charge with
respect to the practice, the lessor shall be liable for actual
damages sustained by a person by reason of a final order as
provided in this section requiring the person to be evicted from
the dwelling unit.
(6) In any complaint issued under this section, the
commissioner may seek relief for a class of individuals affected
by an unfair discriminatory practice occurring on or after a
date six months prior to the filing of the charge from which the
complaint originates.
(7) The commissioner may adopt policies to determine the
order in which charges are processed based on their particular
social or legal significance, administrative convenience,
difficulty of resolution, or other standard consistent with the
provisions of this chapter.
Sec. 144. Minnesota Statutes 1982, section 363.072,
subdivision 1, is amended to read:
Subdivision 1. [APPEAL.] The commissioner or any a person
aggrieved by a final decision of the department reached after a
hearing held pursuant to section 363.071 may seek judicial
review pursuant to sections 14.63 to 14.68 in accordance with
chapter 14.
Sec. 145. Minnesota Statutes 1982, section 363.072,
subdivision 2, is amended to read:
Subd. 2. [REVIEW PROCEDURE.] The district court judicial
review proceedings shall conform to sections 14.63 to 14.68,
judicial review of agency decisions, and section 14.69, scope of
judicial review be in accordance with chapter 14.
Sec. 146. Minnesota Statutes 1982, section 373.11, is
amended to read:
373.11 [APPEAL TO SUPREME COURT APPEALS; COUNTERCLAIM.]
An appeal from the judgment of the district court may be
taken to the supreme court as in other civil actions cases
within 30 days after the actual entry of the judgment. If no
appeal is taken, a certified copy of the judgment shall be filed
in the office of the auditor; and,. If an appeal is taken, the
determination of the supreme court of appeals shall be certified
to the district court and judgment entered in accordance
therewith with it, and that judgment certified to and filed in
the office of the county auditor. In either case, after such
the certified copy is filed, orders shall be drawn on the county
treasury in payment of any judgment in favor of a claimant; and.
Execution may issue out of the district court for the collection
of any costs against a claimant; provided that,. In any case
where costs are awarded against a claimant and there is any
allowance on the claim in his favor, the amount of such the
costs shall be deducted from such the allowance, and. In any
case of an appeal, the county may, interpose in the district
court, interpose, as a counterclaim, any demand which it has
against such the claimant, and have execution for the collection
of any judgment in its favor.
Sec. 147. Minnesota Statutes 1982, section 375.67,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE APPEAL.] The employee or the
appointing authority may appeal to the district court from an
order of the board of appeals concerning the employee's
termination or suspension without pay for more than 30 days by
serving written notice of the appeal upon the board of appeals
within ten days after he has received written notice of the
board's order in accordance with chapter 14.
Sec. 148. Minnesota Statutes 1982, section 387.41, is
amended to read:
387.41 [REMOVAL AFTER HEARING.]
If, after investigation and trial by civil service
commission, as herein provided, an employee is found guilty of
inefficiency, breach of duty, or misconduct, he may be removed,
reduced, or suspended and his name may be stricken from the
service register. If the board shall determine determines that
the charges are not sustained, the accused, if he has been
suspended pending investigation, shall be immediately reinstated
and shall be paid all back pay due for the period of suspension.
Findings and, determinations hereunder, and orders of of
the commission for suspension, reduction, or removal, shall be
in writing and shall be filed within three days after the
completion of such the hearing with the secretary of the
commission and it shall be the duty of. The secretary to shall
notify such the employee of the decision in writing. Any person
suspended, reduced, or removed by the commission after
investigation may appeal from the order to the district court by
serving written notice thereof upon the secretary within ten
days after the filing of the order or the receipt by the
employee of written notice of the order as above provided in
accordance with chapter 14.
Within five days thereafter, the secretary shall certify to
the clerk of the district court, the record of the proceedings,
including all documents, testimony, and minutes. The case shall
then be at issue and shall be placed on the calendar by the
clerk to be tried before the court without jury at the next
general term thereof to be held in the county, or upon special
term set by a judge of said court. The court may hear such
additional evidence as it deems relevant to the matter.
The question to be determined by the court shall be:
"Upon the evidence, was the order of the commission
reasonable?"
After trial in the district court an appeal may be taken
from the decision thereof to the supreme court by the employee
or the commission in the same manner as provided for other civil
cases.
Whenever the sheriff or county attorney deems the civil
service commissioners, or any one of them, to be failing their
duties as outlined in sections 387.31 to 387.45, said the
sheriff or county attorney, shall request the county board to
hold a hearing regarding the matter. The county board shall
then determine this question: "Is the sheriff's civil service
commission or any member thereof failing in the duties
prescribed by sections 387.31 to 387.45?" Upon an affirmative
finding by resolution, the commission or member shall be deemed
removed. The county board shall thereafter fill the vacancy by
appointment for the balance of the term.
An applicant for examination, appointment or promotion in
the sheriff's department of the county who shall, either
directly or indirectly, give, render or pay or promise to give,
render or pay any money, service or other thing to any person,
for or on account of or in connection with his examination,
appointment or proposed appointment or promotion shall be guilty
of a misdemeanor and shall also be subject to suspension or
removal.
Any officer or employee of the sheriff's department, when
operating under civil service in accordance with the provisions
of this chapter, who shall participates in any manner
participate in activities in support of any candidate or party,
directly or indirectly solicit, receive solicits, receives, or
pay pays, or be participates in any manner concerned in
soliciting, receiving, or paying any assessment, subscription or
contribution for any candidate, party or political purpose,
shall be is guilty of a misdemeanor and shall be subject to
suspension or removal.
Sec. 149. Minnesota Statutes 1982, section 412.092,
subdivision 1, is amended to read:
Subdivision 1. [DISPOSITION OF PROPERTY.] Except where
otherwise provided by law, any property, assets, or money held
in the name of a city whose incorporation has been set aside by
the supreme court of Minnesota appeals is the property, assets,
or money of the town from which the territory sought to be
incorporated as a city belongs.
Sec. 150. Minnesota Statutes 1982, section 414.07,
subdivision 2, is amended to read:
Subd. 2. [GROUNDS FOR APPEAL.] Any person aggrieved by any
order of the board may appeal to the district court upon the
following grounds:
(a) that the board had no jurisdiction to act;
(b) that the board exceeded its jurisdiction;
(c) that the order of the board is arbitrary, fraudulent,
capricious or oppressive or in unreasonable disregard of the
best interests of the territory affected; or
(d) that the order is based upon an erroneous theory of law.
The appeal shall be taken in the district court in the
county in which the majority of the area affected is located.
The appeal shall not stay the effect of the order. All notices
and other documents shall be served on both the executive
director and the attorney general's assistant assigned to the
board.
If the court shall determine determines that the action of
the board involved is unlawful or unreasonable or is not
warranted by the evidence in case an issue of fact is involved,
the court may vacate or suspend the action of the board
involved, in whole or in part, as the case may require, and
thereupon requires. The matter shall then be remanded to the
board for further action in conformity with the decision of the
court.
To render a review of a board order effectual, the
aggrieved person shall file with the clerk of the district court
of the county wherein in which the majority of the area is
located, within 30 days of such the order, an application for
review together with the grounds upon which the review is sought.
An appeal lies from the district court to the supreme court
as in accordance with the provisions of the rules of other civil
appellate procedure cases.
Sec. 151. Minnesota Statutes 1982, section 414.08, is
amended to read:
414.08 [APPEAL TO SUPREME COURT APPEALS FROM DISTRICT
COURT.]
An appeal may be taken under the provisions of rule 103.03
of the rules of civil appellate procedure, to the supreme court
by the Minnesota municipal board created by Minnesota Statutes
1961, Section 414.01, Subdivision 1, from a final order or
judgment made or rendered by the district court upon an appeal
under Minnesota Statutes 1961, Section 414.07, when the
Minnesota municipal board determines that the final order or
judgment adversely affects the public interest.
Sec. 152. Minnesota Statutes 1982, section 419.12, is
amended to read:
419.12 [SUSPENSION AND REMOVAL; REINSTATEMENT.]
If, after investigation and trial by civil service
commission, as herein provided, an employee is found guilty of
inefficiency, breach of duty, or misconduct, he may be removed,
reduced, or suspended and his name may be stricken from the
service register. If the board shall determine determines that
the charges are not sustained, the accused, if he has been
suspended pending investigation, shall be immediately reinstated
and shall be paid all back pay due for the period of suspension.
Findings and, determinations hereunder, and orders of the
commission for suspension, reduction, or removal, shall be in
writing and shall be filed within three days after the
completion of such the hearing with the secretary of the
commission and it shall be the duty of. The secretary to shall
notify such the employee of the decision in writing. Any person
suspended, reduced, or removed by the commission after
investigation may appeal from the order to the district court by
serving written notice thereof upon the secretary within ten
days after the filing of the order or the receipt by the
employee of written notice of the order as above provided in
accordance with chapter 14.
Within five days thereafter, the secretary shall certify to
the clerk of the district court, the record of the proceedings,
including all documents, testimony, and minutes. The case shall
then be at issue and shall be placed on the calendar by the
clerk to be tried before the court without jury at the next
general term thereof to be held in the county where the city is
located at the place nearest the city. The question to be
determined by the court shall be:
"Upon the evidence, was the order of the commission
reasonable?" After trial in the district court an appeal may be
taken from the decision thereof to the supreme court by the
employee or the commission in the same manner as provided for
other court cases.
Sec. 153. Minnesota Statutes 1982, section 420.13, is
amended to read:
420.13 [SUSPENSION OR REMOVAL.]
If, after investigation and trial by the civil service
commission as herein provided, an employee is found guilty of
inefficiency, breach of duty, or misconduct, he may be removed,
reduced, or suspended and his name may be stricken from the
service register. If the board shall determine determines that
the charges are not sustained, the accused, if he has been
suspended pending investigation, shall be immediately reinstated
and paid all back pay due for the period of suspension.
Findings and, determinations hereunder, and orders of the
commission for suspension, reduction, or removal shall be in
writing and filed within three days after the completion of such
the hearing with the secretary of the commission and it shall be
the duty of. The secretary to shall notify such the employee
of the decision in writing. Any person suspended, reduced, or
removed by the commission after investigation may appeal from
the order to the district court by serving written notice
thereof upon the secretary within ten days after the filing of
the order or the receipt by the employee of written notice of
the order as above provided in accordance with chapter 14.
Within five days thereafter, the secretary shall certify to
the clerk of the district court the record of the proceedings,
including all documents, testimony, and minutes. The case shall
then be at issue and placed on the calendar by the clerk to be
tried before the court without jury at the next general term
thereof to be held in the county where the city is located at
the place nearest the city. The question to be determined by
the court shall be:
"Upon the evidence was the order of the commission
reasonable?" After trial in the district court an appeal may be
taken from the decision thereof to the supreme court by the
employee or the commission in the same manner as provided for
other court cases.
Sec. 154. Minnesota Statutes 1982, section 430.03, is
amended to read:
430.03 [OBJECTIONS TO CONFIRMATION; APPEAL TO DISTRICT
COURT; REAPPRAISAL; APPEAL TO SUPREME COURT COURT OF APPEALS.]
Any person whose property is proposed to be taken,
interfered with, or assessed for benefits under any of the
provisions of this chapter, who deems that there is any
irregularity in the proceedings of the council or action of the
commissioners, by reason of which the award of the commissioners
ought not to be confirmed, or who is dissatisfied with the
amount of damages awarded to him for the taking of or
interference with his property or with the amount of the
assessment for benefits to any property affected by the
proceedings, specifically shall have has the right to appeal
from the order of confirmation of the city council, to the
district court of the county at any time within 20 days after
the order. This appeal shall be made by serving a written
notice of the appeal upon the clerk of the city, which. The
appeal shall specify the property of the appellant affected by
the award and assessment, and refer to the objection filed, as
aforesaid, and. The appellant shall also by delivering deliver
to the city clerk a bond to the city, executed by the appellant,
or by someone on his behalf, with two sureties, who shall
justify in the penal sum of $50 conditioned to pay all costs
that may be awarded against the appellant. Thereupon The city
clerk shall then make out and transmit to the clerk of the
district court a copy of the award of the commissioners, as
confirmed by the council, and of the order of the council
confirming the same it, and of the objection filed by the
appellant, all certified by the clerk to be true copies, within
ten days after the taking of the appeal. If more than one
appeal be is taken from any award, it shall not be necessary
that the clerk, in appeals subsequent to the first, shall
appeals, send up anything except a certified copy of the
appellant's objections. There shall be no pleading on the
appeal, but the court shall determine, in the first instance,
whether there was in the proceedings any irregularity or
omission of duty prejudicial to the appellant and specified in
his written objections, that, as to him, the award or assessment
of the commissioners ought not to stand, and whether the
commissioners had jurisdiction to take action in the premises.
If any such person shall claim claims that any pedestrian mall
ordinance proposed in connection with such the improvement
pursuant to section 430.011, and adopted by the city council,
shall be is invalid, he shall perfect an appeal pursuant to the
provisions of section 430.031, subject to the right of the court
to consolidate for hearing any appeal taken pursuant to such
that section with an appeal taken pursuant to this section.
The case may be brought on for hearing on eight days'
notice, at any general or special term of the court, and. It
shall have precedence of other civil cases, and the judgment of
the court shall be either to confirm or annul the proceedings
only as the same affects they affect the property of the
appellant proposed to be taken, damaged, or assessed for
benefits and described in the written objection. From this
determination no appeal or writ of error shall lie.
In case the amount of damages awarded or assessment made
for benefits is complained of by the appellant, the court shall,
if the proceedings be are confirmed in other respects, upon such
confirmation, appoint three disinterested freeholders, residents
of the city, commissioners to reappraise such the damages or
benefits. The parties to the appeal shall be heard by the court
upon the appointment of these commissioners, and. The court
shall fix the time and place of the meeting of the commissioners.
They shall be sworn to the faithful discharge of their duties as
such commissioners, proceed to view the premises, and hear the
parties interested, with their allegations and proofs pertinent
to the question of the amount of the damages or assessments.
These commissioners shall be governed by the same provisions in
respect to the method of arriving at the amount of damages and
the offset thereto of benefits to other property of the same
owners, and in all other material respects, as are provided in
this chapter made for the government of commissioners appointed
by the city council. They shall, after the hearing and view of
the premises, make report to the court of their appraisal of
damages or assessments of benefits in respect to the appellant.
The award or assessment of these commissioners shall be final
unless set aside by the court for good cause shown. In case
this If the report is set aside, the court may, in its
discretion, recommit the same it to the same commissioners or
appoint a new board as it shall deem deems best. The court
shall allow a reasonable compensation to these commissioners for
their services, and make such award of costs on the appeal,
including the compensation of commissioners, as it shall deem
deems just in the premises.
In case If the court shall be is of the opinion that the
appeal was frivolous or vexatious, it may adjudge double costs
against the appellant.
An appeal may be taken from the court's final order to the
supreme court of appeals by the city or any party thereto.
In case of proceedings conducted by the city council, all
reports and other papers shall be filed in the office of the
city clerk, and. Notices of appeal and other notices to the
city shall be served upon the city clerk. In case of
proceedings conducted by the board of park commissioners, all
papers shall be filed in the office of the secretary or other
recording officer of the board, and. All notices of appeal and
other notices to the city shall be served upon the secretary or
other recording officer of the board.
Sec. 155. Minnesota Statutes 1982, section 430.031,
subdivision 4, is amended to read:
Subd. 4. [EFFECT OF APPEAL; APPEAL TO SUPREME COURT.] An
appeal taken pursuant to this section shall suspend the
effectiveness of the ordinance until the determination of the
action by a final order of the court. The court shall advance
the case on its calendar for trial at the earliest feasible
date. An appeal from any judgment entered in the district court
in any such the action shall be taken to the supreme court
within 30 days after notice of entry of judgment,
notwithstanding rule 104 of the rules of civil appellate
procedure. The A party appealing, or the respondent, may apply
to the supreme court of appeals for an order fixing the time and
manner of the hearing of the appeal, whereupon the supreme court
may provide for a speedy hearing in the manner provided by rule
103.03 of the rules of civil appellate procedure.
Sec. 156. Minnesota Statutes 1982, section 458A.06,
subdivision 4, is amended to read:
Subd. 4. [PROCEEDINGS FOR CHANGES BEFORE PUBLIC UTILITIES
COMMISSION.] If the transit commission, upon investigation or
hearing as provided in subdivision 3, finds that any change in
routes, schedules, or stops will be in the public interest, the
commission shall file a petition for the proposed change or
changes with the secretary of the public utilities commission
and serve copies thereof of it on the affected operator and the
clerk, secretary, or other recording officer of each
municipality and other public agency affected. Upon receiving
such a the petition, the public utilities commission shall set a
hearing thereon on it at the earliest convenient date. If any
operator, municipality, or other public agency affected is
opposed to the petition, it may, within 30 days after the filing
and service of the petition, file with the secretary of the
public utilities commission an answer stating the grounds of
such opposition and serve a copy thereof of it on the secretary
of the transit commission. If no such answers are so filed and
serviced served within such the 30-day period, the public
utilities commission shall, upon finding that the change
proposed in the petition is in the public interest, order such
the change. If any answer opposing the petition is received by
the public utilities commission within such the 30-day period,
it shall hold a hearing and make a determination in the matter
as provided by applicable laws and regulations rules. An appeal
from the action of the public utilities commission in any such
the matter may be taken as provided by sections 216.24 and
216.25 in accordance with chapter 14.
Sec. 157. Minnesota Statutes 1982, section 462.14,
subdivision 12, is amended to read:
Subd. 12. [COURT PROCEEDINGS.] The case may be brought on
for hearing on eight days' notice, at any general or special
term of the court, and the judgment of the court shall be to
confirm or annul the proceedings, only so far as the proceedings
they affect the property of the appellant proposed to be
included in the district or damaged or assessed, and described
in the written objection. In case If the amount of damages or
benefits assessed is complained of by such the appellant, the
court shall, if the proceedings be are confirmed in other
respects, appoint three disinterested qualified voters, as
appraisers to reappraise the damages, and reassess benefits as
to the property of appellant. The parties to such the appeal
shall be heard by the court upon the appointment of such the
appraisers, and. The court shall fix the time and place of
meeting of such the appraisers,. They shall be sworn to the
faithful discharge of their duties as such appraisers, and shall
proceed to view the premises and to hear the parties interested,
with their allegations and proofs pertinent to the question of
the amount of damages or benefits; such. The appraisers shall
be governed by the same provisions in respect to the method of
arriving at the amount of damages or benefits and in all other
material respects as are provided in sections 462.12 to 462.17
made for the government of appraisers appointed by the council.
They shall, after the hearing and view of the premises, make a
report to the court of their award of damages and assessment of
benefits in respect to the property of such the appellant. The
award shall be final unless set aside by the court. The motion
to set aside shall be made within 15 days. In case such If the
report is set aside, the court may, in its discretion, recommit
the same it to the same appraisers, or appoint new appraisers as
it shall deem deems best;. The court shall allow to the
appraisers a reasonable compensation for their services, and
make such award of costs on such the appeal, including the
compensation of such appraisers as it shall deem deems just in
the premises, and enforce the same the award by execution. In
case If the court shall be is of the opinion that such the
appeal was frivolous or vexatious, it may adjudge double costs
against such the appellant. An appeal may be taken to the
supreme court of the state from any final decision of the
district court as in the proceedings other civil cases.
Sec. 158. Minnesota Statutes 1982, section 462.715, is
amended to read:
462.715 [ADVANCE OF LITIGATION ON CALENDAR.]
In any litigation as described in sections 462.713 and
462.714, wherein in which a bond has been required and given or
the court has denied a motion to require such a bond, the court
shall advance the case on its calendar for trial at the earliest
feasible date; and in such litigation. An appeal to the supreme
court from an appealable order made, or from a judgment entered
in a district court may be taken after 30 days from entry of
such the judgment or after written notice of such the order from
the adverse party.
Sec. 159. Minnesota Statutes 1982, section 465.43, is
amended to read:
465.43 [HEARING; APPRAISERS; AWARD; APPEAL TO SUPREME
COURT.]
The case may be brought on for hearing on eight days'
notice, at any general or special term of the court, and the
judgment of the court shall be to confirm or annul the
proceedings, only so far as the proceedings affect the property
of the appellant proposed to be taken or damaged or assessed,
and described in the written objection. In case the amount of
damages or benefits assessed is complained of by such the
appellant, the court shall, if the proceedings be confirmed in
other respects, appoint three disinterested freeholders,
residents of the county, appraisers, to reappraise the damages,
and reassess benefits as to the property of appellant. The
parties to such the appeal shall be heard by the court upon the
appointment of such the appraisers, and. The court shall fix
the time and place of meeting of such the appraisers,. They
shall be sworn to the faithful discharge of their duties as such
appraisers, and shall proceed to view the premises and to hear
the parties interested, with their allegations and proofs
pertinent to the question of the amount of damages or benefits,
and proceed in all other material respects as are provided in
sections 465.26 to 465.48 for the government of appraisers
appointed by the city council. They shall, after the hearing
and view of the premises, make a report to the court of their
award of damages and assessments of benefits in respect to the
property of such the appellant. The appellant shall, within
five days of notice of filing the award, file his written
election to remove the buildings if he so elect. Such The
election shall not affect his right to a review. The award
shall be final unless set aside by the court. The motion to set
aside shall be made within 15 days. In case such If the report
is set aside, the court may, in its discretion, recommit the
same it to the same appraisers, or appoint new appraisers, as it
shall deem deems best;. The court shall allow to the appraisers
a reasonable compensation for their services, and make such
awards of costs on such the appeal, including the compensation
of such appraisers, as it shall deem deems just in the premises,
and enforce the same them by execution. In case If the court
shall be is of the opinion that such the appeal was frivolous or
vexatious, it may adjudge double costs against such the
appellant. An appeal may be taken to the supreme court of the
state of appeals from any final decision order of the district
court in the proceedings.
Sec. 160. Minnesota Statutes 1982, section 473.413,
subdivision 4, is amended to read:
Subd. 4. [COMMISSION; PROCEEDINGS FOR CHANGES BEFORE
DEPARTMENT OF PUBLIC SERVICE.] If the transit commission, upon
investigation or hearing as provided in subdivision 3, finds
that any change in routes, schedules, or stops will be in the
public interest, the commission shall file a petition for the
proposed change or changes with the secretary of the department
of public service and serve copies thereof of it on the affected
operator and the clerk, secretary, or other recording officer of
each municipality and other public agency affected. Upon
receiving such a petition, the department of public service
shall set a hearing thereon on it at the earliest convenient
date. If any operator, municipality, or other public agency
affected is opposed to the petition, it may, within 30 days
after the filing and service of the petition, file with the
secretary of the department of public service an answer stating
the grounds of such opposition and serve a copy thereof of it on
the secretary of the transit commission. If no such answers are
so filed and served within such the 30-day period, the
department of public service shall, upon finding that the change
proposed in the petition is in the public interest, order such
the change. If any answer opposing the petition is received by
the department of public service within such the 30-day period,
it shall hold a hearing and make a determination in the matter
as provided by applicable laws and regulations rules. An appeal
from the action of the department of public service in any such
the matter may be taken as provided by sections 216.24 and
216.25 and acts amendatory thereof or supplementary thereto in
accordance with chapter 14.
Sec. 161. Minnesota Statutes 1982, section 473.675,
subdivision 4, is amended to read:
Subd. 4. [APPEALS.] In any such litigation wherein where a
bond has been required and given under subdivision 3 hereof or
the court has denied a motion to require such a bond, the court
shall advance the case on its calendar for trial at the earliest
feasible date; and in such litigation. An appeal to the supreme
court from an appealable order made, or from a judgment entered,
in a district court may be taken only within thirty days after
entry of such judgment or after written notice of such the order
from the adverse party.
Sec. 162. Minnesota Statutes 1982, section 480.054, is
amended to read:
480.054 [DISTRIBUTION OF PROPOSED RULES; HEARING.]
Before any rule for the court of appeals or for the
district, county, or county municipal courts is adopted, the
supreme court shall distribute copies of the proposed rule to
the bench and bar of the state for their consideration and
suggestions and give due consideration to such any suggestions
as they may submit to the court. The court of appeals judges,
the District Court Judges Association, the Minnesota County
Court Judges Association, or the Municipal Court Judges
Association may file with the court a petition specifying their
suggestions concerning any existing or proposed rule and
requesting a hearing thereon on it. The court shall grant a
hearing within six months after the filing of the petition. The
court may grant a hearing upon the petition of any other person.
Sec. 163. Minnesota Statutes 1982, section 480.055,
subdivision 1, is amended to read:
Subdivision 1. [OTHER COURTS.] Any court, other than the
supreme court, may adopt rules of court governing its practice;
the judges of the court of appeals, pursuant to section 480A.11,
the judges of district courts, pursuant to sections 484.33 and
484.52, the judges of county courts, pursuant to section 487.23,
and the judges of municipal courts, pursuant to chapter 488A,
may adopt rules not in conflict with the rules promulgated by
the supreme court.
Sec. 164. Minnesota Statutes 1982, section 480.061,
subdivision 8, is amended to read:
Subd. 8. [POWER TO CERTIFY.] The supreme court of this
state or the court of appeals, on its own motion or the motion
of any party, may order certification of questions of law to the
highest court of any state when it appears to the certifying
court that there are involved in any proceeding before the court
questions of law of the receiving state which may be
determinative of the cause then pending in the certifying court
and it appears to the certifying court that there are no
controlling precedents in the decisions of the highest court or
intermediate appellate courts of the receiving state.
Sec. 165. Minnesota Statutes 1982, section 480.062, is
amended to read:
480.062 [PUBLIC EMPLOYEES CLAIMS REGARDING EMPLOYMENT,
COSTS AND DISBURSEMENTS.]
Notwithstanding any rule promulgated by the supreme court
to the contrary, The supreme court appellate courts shall allow
costs and disbursements in any appeal to the supreme court to
any public employee who prevails in an action for wrongfully
denied or withheld employment benefits or rights in the same
manner as the court allows costs and disbursements to any
prevailing party.
Sec. 166. Minnesota Statutes 1982, section 480.07, is
amended to read:
480.07 [CLERK; BOND, ASSISTANTS, RECORDS.]
The clerk of the supreme court shall give bond to the state
in the sum of $1,000, to be approved by the governor,
conditioned for the faithful discharge of his official duties.
He appellate courts may employ, from time to time, necessary
stenographic and other clerical office help for whose
compensation legislative appropriation shall have has been made.
The justices of the supreme court He may appoint a deputy clerk
for the discharge of the duties of the office in the his absence
of the clerk or his inability to act, and such other duties as
shall be assigned to him by the clerk or the court. The deputy
so appointed shall take the usual oath of office and give bond
to the state in the sum of $1,000, to be approved by the court,
and conditioned for the faithful discharge of his duties. He
shall serve during the pleasure of the court clerk.
The clerk shall keep such dockets, journals, and other
records, and perform such duties appropriate to his office as
the supreme court may by its rules judges of the appellate
courts prescribe. He shall provide, at the cost of the state,
all books, stationery, furniture, postage, and supplies
necessary for the proper transaction of the business of the
court courts.
Sec. 167. Minnesota Statutes 1982, section 480.19, is
amended to read:
480.19 [APPLICATION TO SUPREME, DISTRICT, INFERIOR AND
OTHER COURTS.]
Sections 480.13 to 480.20 shall apply to the following
courts: The supreme court, the court of appeals, the district
courts, and, when and to the extent so ordered by the supreme
court county, to the probate, and county municipal, and
justice courts.
Sec. 168. Minnesota Statutes 1982, section 480A.01,
subdivision 2, is amended to read:
Subd. 2. [TEMPORARY NUMBER OF JUDGES.] On July November 1,
1983, the court of appeals shall consist of six judges. On
January April 1, 1984, an additional six judges shall be added.
Sec. 169. Minnesota Statutes 1982, section 480A.02, is
amended by adding a subdivision to read:
Subd. 7. [COMPENSATION; TRAVEL EXPENSES.] The salary of a
judge of the court of appeals shall be as provided by section
15A.083. Travel expenses shall be paid by the state in the same
manner and amount as provided for judges of the district court
in section 484.54.
Sec. 170. Minnesota Statutes 1982, section 480A.04, is
amended to read:
480A.04 [CLERK OF COURT.]
The clerk of the supreme court appellate courts shall serve
as clerk of the supreme court and the court of appeals. The
state court administrator may direct the district administrators
and clerks of court to provide facilities and support services
for the court of appeals.
Sec. 171. Minnesota Statutes 1982, section 480A.06,
subdivision 1, is amended to read:
Subdivision 1. [FINAL DECISIONS.] The court of appeals
shall have has jurisdiction of appeals from all final decisions
of the trial courts, other than the conciliation courts, of the
state of Minnesota, except that it shall not have jurisdiction
of appeals in legislative contests or criminal appeals in cases
in which the defendant has been convicted of murder in the first
degree.
Sec. 172. Minnesota Statutes 1982, section 480A.08,
subdivision 3, is amended to read:
Subd. 3. [DECISIONS.] A decision shall be rendered in
every case within 90 days after oral argument or after the final
submission of briefs or memoranda by the parties, whichever is
later. The chief justice or the chief judge may waive the
90-day limitation for any proceeding before the court of appeals
for good cause shown. In every case, the decision of the court,
including any written opinion containing a summary of the case
and a statement of the reasons for its decision, shall be
indexed and made readily available.
Sec. 173. Minnesota Statutes 1982, section 481.02,
subdivision 3, is amended to read:
Subd. 3. [PERMITTED ACTIONS.] The provisions of this
section shall not prohibit:
(1) any one from drawing, without charge, any document to
which he, a person whose employee he is, a firm of which he is a
member, or a corporation whose officer or employee he is, is a
party, except another's will or testamentary disposition or
instrument of trust serving purposes similar to those of a will;
(2) a person from drawing a will for another in an
emergency wherein if the imminence of death leaves insufficient
time to have it drawn and its execution supervised by a licensed
attorney at law;
(3) any one, acting as broker for the parties or agent of
one of the parties to a sale or trade or lease of property or to
a loan, from drawing or assisting in drawing, with or without
charge, papers incident to the sale, trade, lease, or loan;
(4) any insurance company from causing to be defended, or
from offering to cause to be defended through lawyers of its
selection, the insureds in policies issued or to be issued by
it, in accordance with the terms of the policies;
(5) a licensed attorney at law from acting for several
common-carrier corporations or any of its subsidiaries pursuant
to arrangement between the corporations;
(6) any bona fide labor organization from giving legal
advice to its members in matters arising out of their employment;
(7) any person from conferring or cooperating with a
licensed attorney at law of another in preparing any legal
document, if the attorney is not, directly or indirectly, in the
employ of the person or of any person, firm, or corporation
represented by the person;
(8) any licensed attorney at law of Minnesota, who is an
officer or employee of a corporation, from drawing, for or
without compensation, any document to which the corporation is a
party or wherein in which it is interested personally or in a
representative capacity, except wills or testamentary
dispositions or instruments of trust serving purposes similar to
those of a will, but any charge made for the legal work
connected with preparing and drawing the document shall not
exceed the amount paid to and received and retained by the
attorney, and the attorney shall not, directly or indirectly,
rebate the fee to or divide the fee with the corporation;
(9) any person or corporation from drawing, for or without
a fee, farm or house leases, notes, mortgages, chattel
mortgages, bills of sale, deeds, assignments, satisfactions or
any other conveyances except testamentary dispositions and
instruments of trust;
(10) a licensed attorney at law of Minnesota from rendering
to a corporation legal services to itself at the expense of one
or more of its bona fide principal stockholders by whom he is
employed and by whom no compensation is, directly or indirectly,
received for the services;
(11) any person or corporation engaged in the business of
making collections from engaging or turning over to an attorney
at law for the purpose of instituting and conducting suit or
making proof of claim of a creditor in any case in which the
attorney at law receives the entire compensation for the work;
(12) any regularly established farm journal or newspaper,
devoted to general news, from publishing a department of legal
questions and answers thereto to them, made by a licensed
attorney at law, if no answer is accompanied or at any time
preceded or followed by any charge for it, any disclosure of any
name of the maker of any answer, any recommendation of or
reference to any one to furnish legal advice or services, or by
any legal advice or service for the periodical or any one
connected with it or suggested by it, directly or indirectly;
(13) any authorized management agent of an owner of rental
property used for residential purposes, whether the management
agent is a natural person, corporation, partnership, limited
partnership, or any other business entity, from commencing,
maintaining, conducting, or defending in its own behalf any
action in any court in this state to recover or retain
possession of the property, except that the provision of this
clause does not authorize a person who is not a licensed
attorney at law to conduct a jury trial or to appear before a
district court or the court of appeals or supreme court pursuant
to an appeal; and
(14) any person from commencing, maintaining, conducting,
or defending on behalf of the plaintiff or defendant any action
in any county or municipal court of this state pursuant to the
provisions of section 566.175 or sections 566.18 to 566.33 or
from commencing, maintaining, conducting, or defending on behalf
of the plaintiff or defendant any action in any county or county
municipal court of this state for the recovery of rental
property used for residential purposes pursuant to the
provisions of sections 566.02 or 566.03, subdivision 1, except
that the provision of this clause does not authorize a person
who is not a licensed attorney at law to conduct a jury trial or
to appear before a district court or the court of appeals or
supreme court pursuant to an appeal, and provided that, except
for a nonprofit corporation, a person who is not a licensed
attorney at law shall not charge or collect a separate fee for
services rendered pursuant to this clause.
Sec. 174. Minnesota Statutes 1982, section 481.02,
subdivision 6, is amended to read:
Subd. 6. [ATTORNEYS OF OTHER STATES.] Any attorney or
counselor at law residing in any other state or territory
wherein in which he has been admitted to practice law, who shall
attend attends any term of the supreme court, court of appeals,
or district court of this state for the purpose of trying or
participating in the trial or proceedings of any action or
proceedings there pending, may, in the discretion of the court
before which he appears in such the action or proceeding, be
permitted to try, or participate in the trial or proceedings in,
such the action or proceeding, without being subject to the
provisions of this section, other than those set forth in
subdivision 2, providing the state in which he is licensed to
practice law likewise grants permission to members of the state
bar of Minnesota to act as an attorney for a client in such that
state under the same terms.
Sec. 175. Minnesota Statutes 1982, section 481.15,
subdivision 2, is amended to read:
Subd. 2. [PROCEEDINGS.] Proceedings in such the cases may
be taken by the supreme court on its own motion, for matter
within its knowledge, or upon accusation. Accusations may be
made to the clerk of the supreme court appellate courts and
shall be investigated, prosecuted, heard and determined in
accordance with rules which may be made, from time to time, by
the supreme court. The supreme court may refer any accusation
to any person, and such the person shall have all the powers of
a referee under the rules of civil procedure;. Objections to
such the referee may be filed within ten days of the appointment
and shall be heard and determined by the supreme court. The
referee shall report the evidence and, if directed by the
supreme court, shall make findings thereon on it. Persons
designated by the supreme court under the authority of this
section shall be paid their necessary expenses and such
compensation as shall be fixed by the supreme court. Officers
and witnesses necessarily employed or called by the prosecution
shall receive the fees and mileage allowed by law and. The
supreme court shall fix a reasonable compensation for the
reporter. All expenses, fees and compensation herein authorized
shall be paid upon itemized vouchers approved by one of the
justices of the supreme court.
Sec. 176. Minnesota Statutes 1982, section 482.07,
subdivision 8, is amended to read:
Subd. 8. [COPIES OF LAWS.] During such time as When
session laws and resolutions are not available in printed and
bound form pursuant to subdivision 1, the revisor of statutes
shall upon request furnish one copy of any law or resolution
without cost to any member of the legislature, such legislative
staff members as may be designated by the legislative
coordinating commission, a constitutional officer or, justice of
the supreme court, or judge of the court of appeals.
Sec. 177. Minnesota Statutes 1982, section 485.16, is
amended to read:
485.16 [RECORD ALL ACTIONS FILED.]
The clerks of the district courts of the several counties
shall keep a record of all actions and proceedings, civil and
criminal, filed in the court, and shall furnish to the state
Supreme Court appellate courts any information concerning said
the actions as shall be is prescribed by rule of civil procedure.
Sec. 178. Minnesota Statutes 1982, section 487.39, is
amended to read:
487.39 [APPEALS.]
Subdivision 1. [TO COURT OF APPEALS.] An aggrieved party
may appeal to the district court of appeals from a determination
of a county court or a county municipal court. The provisions
of this section govern all appeals from the county court and the
county municipal court; appeal provisions of all other statutes
are inapplicable except as stated in section 484.63.
(a) Except as provided in clause (b), the appeal in a civil
case shall be taken by filing written notice thereof in
accordance with the clerk of court of the county in which the
action was heard not more than 30 days after written notice of
the court's determination has been served upon the aggrieved
party or the party's attorney. Written notice of the court's
determination shall be served by the clerk of court upon the
aggrieved party or the party's attorney within 45 days after the
determination in a civil case rules of civil appellate procedure.
(b) In the appeal of petty misdemeanor, ordinance or
criminal cases, the written notice of appeal shall be filed with
the clerk of court of the county in which the action was heard
within ten days of the conviction or other determination, and
sentencing thereon, appealed from.
(c) A written notice of appeal shall be served by the
appellant upon all parties to the original proceedings or their
attorneys not more than five days after filing. A written
notice of appeal and proof of service shall be filed with the
clerk of county court or county municipal court in the county in
which the action was heard not more than three days after the
service of notice on the opposite party or the party's
attorney. The appeal shall be heard and determined by a
district court appellate panel pursuant to section 484.63.
Subd. 2. [RECORD.] The appeal shall be confined to the
typewritten record. By stipulation of all parties, the record
may be shortened. The district court shall, upon request, hear
oral argument and receive written briefs. The district court of
appeals may affirm, reverse or modify the judgment or order
appealed from, or take any other action as the interests of
justice may require. On appeal from an order, the district
court of appeals may review any order affecting the order from
which the appeal is taken and an appeal from a judgment may
review any order involving the merits or affecting the
judgment. The supreme court shall formulate rules of appellate
procedure applicable to a district court panel hearing appeals
from a county court or county municipal court. Until otherwise
provided, the rules of appellate procedure applicable to appeals
to the supreme court shall apply to the district court hearing
appeals from a county court or a county municipal court, except
as provided in this section. An appeal may be taken from the
determination of a district court to the supreme court with
leave of the supreme court.
Sec. 179. Minnesota Statutes 1982, section 488A.01,
subdivision 14, is amended to read:
Subd. 14. [APPEALS.] Appeals from the county municipal
court to the district court of appeals shall be subject to the
provisions of sections 484.63 and section 487.39 and the rules
of appellate procedure.
Sec. 180. Minnesota Statutes 1982, section 488A.17,
subdivision 12, is amended to read:
Subd. 12. [APPEAL TO SUPREME COURT APPEALS.] Causes
removed to municipal court from conciliation court may be
removed from municipal court to the supreme court of Minnesota
in the same manner, upon like proceedings and with the same
effect as causes originally brought in the municipal court
appealed to the court of appeals as in other civil cases.
Sec. 181. Minnesota Statutes 1982, section 488A.18,
subdivision 14, is amended to read:
Subd. 14. [APPEALS.] Appeals from the county municipal
court to the district court of appeals shall be subject to the
provisions of sections 484.63 and section 487.39 and the rules
of appellate procedure.
Sec. 182. Minnesota Statutes 1982, section 488A.34,
subdivision 11, is amended to read:
Subd. 11. [APPEAL TO SUPREME COURT APPEALS.] Causes
removed to municipal court from conciliation court may be
removed from municipal court to the supreme court of Minnesota
in the same manner, upon like proceedings and with the same
effect as causes originally brought in the municipal court
appealed to the court of appeals as in other civil cases.
Sec. 183. Minnesota Statutes 1982, section 501.35, is
amended to read:
501.35 [MAY APPLY TO COURT FOR INSTRUCTIONS.]
Any trustee of an express trust by will or other written
instrument whose appointment has been confirmed, or any
beneficiary of that trust, may petition the court then having
jurisdiction of the trust as a proceeding in rem, and any
trustee of an express trust by will or other written instrument
whose appointment has not been confirmed, or any beneficiary of
that trust, may petition the district or county court of the
county wherein in which the unconfirmed trustee resides or has
his place of business, for instructions in the administration of
the trust, for the confirmation of any action taken by the
trustee, for a construction of the trust instrument, or upon or
after the filing of any account, for the settlement and
allowance thereof. Upon the filing of such the petition, the
court shall make an order fixing a time and place for hearing
thereof it, unless hearing has been waived in writing by the
beneficiaries of such the trust than then in being. Notice of
such hearing shall be given by publishing a copy of such the
order one time in a legal newspaper of such the county at least
20 days before the date of such the hearing, and by mailing a
copy thereof of it to each beneficiary of the trust then in
being, at his last known address, at least ten days before the
date of such the hearing or in such any other manner as the
court shall order and orders. If such the court shall deem
deems further notice necessary, it shall be given in such the
manner as may be specified in such the order. Upon such At
the hearing the court shall make such order as it deems
appropriate, which. The order shall be final and conclusive as
to all matters thereby determined by it and binding in rem upon
the trust estate and upon the interests of all beneficiaries,
vested or contingent, even though unascertained or not in being,
except that appeal to the supreme court may be taken from such
an order of a district court within 30 days from the entry
thereof by filing notice of appeal with the clerk of the
district court, who shall mail a copy of such notice to each
adverse party who has appeared of record in the manner provided
in section 487.39. Appeal may be taken from an order of a
county court in the manner provided in section 487.39. The
appeal shall be taken within 30 days from the entry of the
order, notwithstanding the provisions of section 487.39,
subdivision 1, clause (a).
Sec. 184. Minnesota Statutes 1982, section 508.29, is
amended to read:
508.29 [APPEALS.]
An appeal may be taken to the supreme court of appeals from
any order or judgment of the district court under this chapter
as follows:
(1) from any final decree, within 90 days from the its date
thereof except that the appeal period for those parties who were
not personally served shall be six months from the date of the
final decree; upon appeal from such the decree, the supreme
court of appeals may review any intermediate order involving the
merits or necessarily affecting the decree;
(2) from any order granting or denying an application to
open, vacate, or set aside such the decree, within 30 days from
the date of the filing of such the order;
(3) from any order granting or refusing a new trial, or
from any order involving the merits of the proceeding, or some
part thereof of them, within 30 days from the filing of such the
order;
(4) from any order relating to registered land after the
its original registration thereof, within 90 days after the
entry of such the order.
All appeals from any order or decree in any proceeding
under this chapter shall be taken upon such notice, terms, and
conditions as are provided by law for the taking of appeals in
other civil actions cases.
Sec. 185. Minnesota Statutes 1982, section 508A.29, is
amended to read:
508A.29 [APPEALS.]
An appeal may be taken to the supreme court of appeals from
any order of the district court relating to land registered
under sections 508A.01 to 508A.85 within 90 days after the entry
of the order. The appeal shall be taken upon the notice, terms,
and conditions as are provided by law for the taking of appeal
in other civil actions cases.
Sec. 186. Minnesota Statutes 1982, section 525.71, is
amended to read:
525.71 [APPEALABLE ORDERS.]
Appeals to the district court of appeals may be taken from
any of the following orders, judgments, and decrees issued by a
judge of the court under chapters 524 or 525:
(1) an order admitting, or refusing to admit, a will to
probate;
(2) an order appointing, or refusing to appoint, or
removing, or refusing to remove, a representative other than a
special administrator or special guardian;
(3) an order authorizing, or refusing to authorize, the
sale, mortgage, or lease of real estate, or confirming, or
refusing to confirm, the sale or lease of real estate;
(4) an order directing, or refusing to direct, a conveyance
or lease of real estate under contract;
(5) an order permitting, or refusing to permit, the filing
of a claim, or allowing or disallowing a claim or counterclaim,
in whole or in part, when the amount in controversy exceeds $100;
(6) an order setting apart, or refusing to set apart,
property, or making, or refusing to make, an allowance for the
spouse or children;
(7) an order determining, or refusing to determine, venue;
an order transferring, or refusing to transfer, venue;
(8) an order directing, or refusing to direct, the payment
of a bequest or distributive share when the amount in
controversy exceeds $100;
(9) an order allowing, or refusing to allow, an account of
a representative or any part thereof of it when the amount in
controversy exceeds $100;
(10) an order adjudging a person in contempt;
(11) an order vacating, or refusing to vacate, a previous
appealable order, judgment, or decree; an order refusing to
vacate a previous appealable order, judgment, or decree alleged
to have been procured by fraud or misrepresentation, or through
surprise or excusable inadvertence or neglect;
(12) a judgment or decree of partial or final distribution
or an order determining or confirming distribution or any order
of general protection;
(13) an order entered pursuant to section 576.142;
(14) an order granting or denying restoration to capacity;
(15) an order made directing, or refusing to direct, the
payment of representative's fees or attorneys' fees, and in such
case the representative and the attorney shall each be deemed an
aggrieved party and entitled to take such appeal;
(16) an order, judgment, or decree relating to or affecting
estate taxes or refusing to amend, modify, or vacate such an
order, judgment, or decree; but nothing herein contained shall
abridge the right of direct review by the supreme court; and
(17) an order extending the time for the settlement of the
estate beyond five years from the date of the appointment of the
representative.
Sec. 187. Minnesota Statutes 1982, section 525.714, is
amended to read:
525.714 [SUSPENSION BY APPEAL.]
Such The appeal shall suspend the operation of the order,
judgment, or decree appealed from until the appeal is determined
or the district court shall of appeals orders otherwise order.
The district court of appeals may require the appellant to give
additional bond for the payment of damages which may be awarded
against him in consequence of such the suspension, in case he
fails to obtain a reversal of the order, judgment, or decree so
appealed from. Nothing herein contained shall prevent the
probate court from appointing special representatives nor
prevent special representatives from continuing to act as such.
Sec. 188. Minnesota Statutes 1982, section 525.73, is
amended to read:
525.73 [AFFIRMANCE; REVERSAL.]
When the appellant fails to prosecute his appeal, or the
order, judgment, or decree appealed from or reviewed on
certiorari is sustained, judgment shall be entered in the
district court of appeals affirming the decision of the probate
court. Upon the filing in the probate court of a certified
transcript of such the judgment, the probate court shall proceed
as if no appeal had been taken. If the order, judgment, or
decree reviewed is reversed or modified, the district court of
appeals shall remand the case to the probate court with
directions to proceed in conformity with its decision. Upon the
filing in the probate court of a certified transcript of such
the judgment, it shall proceed as directed by the district court
of appeals.
Sec. 189. Minnesota Statutes 1982, section 548.29,
subdivision 2, is amended to read:
Subd. 2. [STAY OF ENFORCEMENT.] If the judgment debtor at
any time shows the district court any ground upon which
enforcement of a judgment of any district court or the court of
appeals or supreme court of this state would be stayed, the
court shall stay enforcement of the foreign judgment for an
appropriate period, upon requiring the same security for
satisfaction of the judgment which is required in this state.
Sec. 190. Minnesota Statutes 1982, section 558.215, is
amended to read:
558.215 [ORDERS, INTERLOCUTORY JUDGMENTS; APPEALS TO
SUPREME COURT.]
Any party to any partition proceedings may appeal from any
order or interlocutory judgment made and entered pursuant to
sections 558.04, 558.07, 558.14, or 558.21, to the supreme court
of appeals within 30 days after the making and filing of any
such the order or interlocutory judgment. Any appeal taken
pursuant to the provisions hereof shall be governed by the rules
and laws applicable to appeals taken as in other civil cases.
All matters determined by any such order or interlocutory
judgment shall be conclusive and binding upon all parties to
such the proceedings and shall never thereafter be subject to
review by the court unless appealed from as provided for herein.
Sec. 191. Minnesota Statutes 1982, section 562.04, is
amended to read:
562.04 [EARLY TRIAL OF ACTION, APPEAL TO SUPREME COURT.]
Whenever a bond has been required in any action under
section 562.02, the court shall advance the case on its calendar
for trial at the earliest feasible date, or the court may so
advance for trial only the issues therein which affect the
public body. If any appeal is taken from an order granting or
denying the motion for filing of such the bond, it shall not
stay further proceedings in such the litigation. An appeal from
any judgment entered in any district court in any litigation
wherein in which a bond has been required hereunder shall be
taken to the supreme court of appeals within 30 days after
notice of entry of judgment, notwithstanding Rule 104.01 of the
rules of civil appellate procedure. The party appealing, or the
respondent, may apply to the supreme court of appeals for an
order fixing the time and manner of the hearing of the appeal,
whereupon the supreme court may provide for a speedy hearing in
the manner provided by Rule 103.03 of the rules of civil
appellate procedure.
Sec. 192. Minnesota Statutes 1982, section 571.64, is
amended to read:
571.64 [APPEAL.]
Any party to a garnishment proceeding deeming himself
aggrieved by any order or final judgment therein may remove the
same from the justice court to the district court, or from the
district court to the supreme court, by appeal, in like case,
manner, and effect, as in a other civil action cases.
Sec. 193. Minnesota Statutes 1982, section 574.18, is
amended to read:
574.18 [UNDERTAKING IN LIEU OF BOND.]
In all cases of appeal from a county board to the district
court upon the allowance or disallowance of claims, in all
actions brought before justices of the peace, in all appeals
from a justice or probate court to the district court, in all
actions begun in the district, county or municipal court, in all
cases of appeal or writ of error to remove a cause or proceeding
therein to the court of appeals or the supreme court, and in all
cases of special or equitable proceedings in the district court,
the court of appeals, or the supreme court, the filing or
service, or both, as may be required, of an undertaking, signed
by a surety or sureties, as the law may require, containing a
condition substantially the same as required for bonds, with
like sureties, qualifications, and justifications, and without
acknowledgment or signature of the principal, shall be deemed a
sufficient compliance with the law to sustain any such the
action, appeal, or proceeding. Every such undertaking shall
save and secure all rights and liabilities to the same extent as
a bond, and. The damages presumed to accrue to the party
against whom such the proceeding is taken shall be deemed a
sufficient consideration for such the undertaking, though no
consideration be is mentioned therein; but in it. No
undertaking or bond need be given upon any appeal or other
proceeding instituted in favor of the state, or any county,
city, town, or school district therein in it, or of any executor
or administrator as such.
Sec. 194. Minnesota Statutes 1982, section 582.11, is
amended to read:
582.11 [POWERS AND DUTIES OF TRUSTEES IN CERTAIN CASES.]
When a mortgage made or assigned to a trustee or trust deed
on any real property or any real and personal property located
in this state has been heretofore or shall hereafter be
foreclosed and bid in on such the foreclosure by a trustee for
the holders of the bonds or notes secured by such the mortgage
or trust deed, or for the holders of certificates or other
evidences of equitable interest, in such the mortgage or trust
deed, or when a mortgagor after the mortgage has been executed
and delivered, but not before nor as a part of the mortgage
transaction, conveys directly to the mortgage trustee, thereby
eliminating his title, the trustee may at any time petition the
district court of the county in which such the property, or any
portion thereof of it, is situated for instructions in the
administration of the trust. Upon the filing of the petition,
the court shall make an order fixing a time and place for
hearing thereof it, unless hearing has been waived, in writing,
by the beneficiaries of the trust. Notice of the hearing shall
be given by publishing a copy of such the order one time in a
legal newspaper of such the county at least 20 days before the
date of the hearing, and by mailing a copy thereof of it to each
known party in interest then in being whose address is known, at
his last known address, at least ten days before the date of the
hearing, or in such any other manner as the court shall order,
and orders. If the court shall deem deems further notice
necessary, it shall be given in such manner as may be specified
in the order. Upon the hearing the court shall make such order
as it deems appropriate, including an order to sell, mortgage,
or lease such the property, or any part thereof of it, in such
the manner and upon such the terms as the court may prescribe
prescribes. In the case of a sale, the court, in its
discretion, may authorize the trustee to sell at private sale or
may direct the sheriff of the county to offer such the property
for sale at public auction and sell the same it to the highest
bidder therefor for cash. Any sale of such property made at
public auction shall be reported to the court for confirmation
and be confirmed by the court before the same shall become it is
effective and valid. Notice of hearing on such the confirmation
shall be given to all parties in interest who have appeared in
the proceedings. Upon such confirmation, the sheriff shall
make, execute, and deliver, subject to such the terms and
conditions as the court in its order of confirmation may impose
imposes, a good and sufficient instrument of conveyance,
assignment, and transfer. No confirmation of a private sale,
mortgage, or lease shall be required. The order of confirmation
in the case of a sale at public auction, and the order
authorizing a private sale, mortgage, or lease, shall be final
and conclusive as to all matters thereby determined, and in it.
It shall be binding in rem upon the trust estate and upon the
interests of all beneficiaries, vested or contingent, except
that appeal to the supreme court may be taken from such the
order by any party in interest within 30 days from the its entry
thereof, by filing notice of appeal with the clerk of the
district court, who shall mail a copy of the notice to each
adverse party who has appeared of record.
Sec. 195. Minnesota Statutes 1982, section 586.09, is
amended to read:
586.09 [JUDGMENT FOR PLAINTIFF; APPEAL.]
If judgment is given for the plaintiff, he shall recover
the damage which he has sustained, together with costs and
disbursements, and a peremptory mandamus shall be awarded
without delay. An appeal from the district court shall lie to
the supreme court of appeals in mandamus as in other civil
actions cases.
Sec. 196. Minnesota Statutes 1982, section 586.11, is
amended to read:
586.11 [JURISDICTION OF DISTRICT AND SUPREME APPELLATE
COURTS.]
The district court has exclusive original jurisdiction in
all cases of mandamus, except where such the writ is to be
directed to a district court or a judge thereof in his official
capacity, in which case the supreme court of appeals has
exclusive original jurisdiction, or except where the writ is to
be directed to the court of appeals or a judge thereof in his
official capacity. In such case the supreme court, or a judge
thereof, shall first make an order, returnable in term, that
such district court or judge show cause before the court why a
peremptory writ of mandamus should not issue, and upon the
return day of such order the district court or judge may show
cause by affidavit or record evidence; and, upon the hearing,
the supreme court shall award a peremptory writ or dismiss the
order. In case of emergency, a special term of the supreme
court may be appointed for the hearing. If the writ is to be
directed to the court of appeals or a judge thereof in his
official capacity, the supreme court of a judge thereof has
original jurisdiction. The rules of civil appellate procedure
shall apply in all proceedings on the writ.
Sec. 197. Minnesota Statutes 1982, section 586.12, is
amended to read:
586.12 [ISSUES OF FACT; TRIAL.]
Issues of fact in proceedings commenced in a district court
shall be tried in the county in which the defendant resides, or
in which the material facts stated in the writ are alleged to
have taken place; and. Either party shall be entitled to have
any issue of fact tried by a jury, as in a civil action. In any
case commenced in the supreme court or court of appeals, where
there is an issue of fact, upon request of either party, that
court shall transmit the record to the proper district court,
which shall try the issue in the same manner as if the
proceeding had been there commenced there. A change of venue
may be granted as in other cases.
Sec. 198. Minnesota Statutes 1982, section 589.02, is
amended to read:
589.02 [PETITION; TO WHOM AND HOW MADE.]
Application for such the writ shall be by petition, signed
and verified by the petitioner, or by some person in his behalf,
to the supreme court, court of appeals, or to the district court
of the county within which the petitioner is detained. Any
judge of the court to which the petition is addressed, being
within the county, or, if addressed to the district court, the
court commissioner of the county, may grant the writ. If there
be is no such officer judge within the county capable of acting
and willing to grant such the writ, it may be granted by some
officer having such authority a judge in any adjoining county.
Sec. 199. Minnesota Statutes 1982, section 589.29, is
amended to read:
589.29 [APPEAL TO SUPREME COURT APPEALS.]
Any party aggrieved by the final order in proceedings upon
a writ of habeas corpus may appeal therefrom to the supreme
court of appeals as in the same manner as other appeals are
taken from the district court civil cases, except that no bond
shall be required of the appellant. Upon filing notice of
appeal with the clerk of the district court, and payment or
tender of his fees therefor, such the clerk shall forthwith
make, certify, and return to the clerk of the supreme court
appellate courts copies of the petition, writ, return of
respondent, answer, if any, of the relator thereto, and the
order appealed from.
Sec. 200. Minnesota Statutes 1982, section 589.30, is
amended to read:
589.30 [HEARING ON APPEAL; COSTS; PAPERS.]
The appeal may be heard before the supreme court of appeals
when it is in session upon application of either party to such
the court or a justice thereof judge of it. The order fixing
the time of hearing, which shall not be less than six nor more
than 15 days from the date of application, shall be served on
the adverse party at least five days before the date so fixed.
No costs or disbursements shall be allowed any party to such the
appeal, nor shall any of the papers used on such the hearing be
required to be printed.
Sec. 201. Minnesota Statutes 1982, section 590.01,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] Except at a time when direct
appellate relief is available, a person convicted of a crime,
who claims that the conviction was obtained, or that the
sentence or other disposition made violated his rights under the
constitution or laws of the United States or of the state, may
commence a proceeding to secure relief therefrom by filing a
petition in the district court in the county wherein in which
the conviction was had to vacate and set aside the judgment and
to discharge the petitioner or to resentence him or grant a new
trial or correct the sentence or make such other disposition as
may be appropriate. Nothing contained herein shall prevent the
supreme court or the court of appeals, upon application by a
party, from granting a stay of a case on appeal for the purpose
of allowing an appellant to apply to the district court for an
evidentiary hearing under the provisions of this chapter. Such
The proceeding shall conform with sections 590.01 to 590.06.
Sec. 202. Minnesota Statutes 1982, section 590.04,
subdivision 3, is amended to read:
Subd. 3. [HEARING.] The court may order the petitioner to
be present at the hearing. If the petitioner is represented by
an attorney, the attorney shall be present at any hearing.
A verbatim record of any hearing shall be made and kept.
Unless otherwise ordered by the court, the burden of proof
of the facts alleged in the petition shall be upon the
petitioner to establish such the facts by a fair preponderance
of the evidence.
In the discretion of the court, it may receive evidence in
the form of affidavit, deposition, or oral testimony. The court
may inquire into and decide any grounds for relief, even though
not raised by the petitioner.
The court may summarily deny a second or successive
petition for similar relief on behalf of the same petitioner and
may summarily deny a petition when the issues raised therein in
it have previously been decided by the Minnesota court of
appeals or the supreme court in the same case.
Sec. 203. Minnesota Statutes 1982, section 590.06, is
amended to read:
590.06 [APPEAL TO THE SUPREME COURT APPEALS.]
An appeal may be taken to the Minnesota supreme court of
appeals or, in a case involving a conviction for first degree
murder, to the supreme court from the order granting relief or
denying the petition within 60 days after the entry of said the
order.
The appealing party shall, within the 60 days, serve a
notice of appeal from the final order upon the clerk of district
court and the opposing party. If the appeal is by the
petitioner such, the service shall be on the county attorney and
the attorney general;. If the appeal is by the state such, the
service shall be on the petitioner or his attorney. No fees or
bond for costs shall be required for such the appeal.
Sec. 204. Minnesota Statutes 1982, section 595.024,
subdivision 3, is amended to read:
Subd. 3. [DETERMINATION; APPEAL.] The district court shall
consider the nature of the proceedings, the merits of the claims
and defenses, the adequacies of alternative remedies, the
relevancy of the information sought, and the possibility of
establishing by other means that which the source is expected or
may tend to prove. The court shall make its appropriate order
after making findings of fact, which. The order may be appealed
directly to the supreme court of appeals according to the
appropriate rule rules of appellate procedure. The order is
stayed and nondisclosure shall remain in full force and effect
during the pendency of the appeal.
Sec. 205. Minnesota Statutes 1982, section 595.025,
subdivision 3, is amended to read:
Subd. 3. [DETERMINATION; APPEAL.] The court shall make its
order on the issue of disclosure after making findings of fact,
which order may be appealed directly to the supreme court of
appeals according to the rules of appellate procedure. During
the appeal the order is stayed and nondisclosure shall remain in
full force and effect.
Sec. 206. Minnesota Statutes 1982, section 606.04, is
amended to read:
606.04 [COSTS.]
The party prevailing on a writ of certiorari in any
proceeding of a civil nature shall be entitled to his costs
against the adverse party; and, in case such. If the writ shall
appear appears to have been brought for the purpose of delay or
vexation, the court of appeals may award double costs to the
prevailing party.
Sec. 207. [606.06] [CERTIORARI; ADMINISTRATIVE DECISIONS.]
A writ of certiorari for review of an administrative
decision pursuant to chapter 14 is a matter of right.
Sec. 208. Minnesota Statutes 1982, section 609.39, is
amended to read:
609.39 [MISPRISION OF TREASON.]
Whoever, owing allegiance to this state and having
knowledge of the commission of treason against this state, does
not, as soon as may be, disclose and make it known the same to
the governor or a judge of the supreme court, court of appeals,
or of the district court, is guilty of misprision of treason
against this state and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than
$5,000, or both.
Sec. 209. Minnesota Statutes 1982, section 611.07,
subdivision 2, is amended to read:
Subd. 2. [PAYMENT.] If the counsel so appointed shall
appeal or procure a writ of error appeals, and after the hearing
of the appeal or writ of error, the court of appeals or supreme
court shall determine determines that defendant is unable, by
reason of poverty, to pay counsel, and that review was sought in
good faith and upon reasonable grounds, such the counsel may be
paid such the sum for his services and expenses therein as the
supreme court shall determine determines, to be certified to the
county treasurer by the clerk of the supreme court appellate
courts. In any case such The compensation and expense shall be
paid by the county in which the defendant was accused.
Sec. 210. Minnesota Statutes 1982, section 611.07,
subdivision 3, is amended to read:
Subd. 3. [TRANSCRIPT.] When a defendant convicted of a
felony or a gross misdemeanor who has appealed to the supreme
court or has procured a writ of error, or who has otherwise
brought the validity of his conviction before the court of
appeals or supreme court for review, applies to the district
court and makes an adequate showing that because of his poverty
he is unable to pay for a transcript which he reasonably needs
in presenting the alleged errors raised for appellate review,
the district court shall order a transcript in accordance with
Rule 29.02, Subdivision 7, of the rules of criminal procedure.
Sec. 211. Minnesota Statutes 1982, section 611.071,
subdivision 1, is amended to read:
Subdivision 1. [COUNSEL; FEES.] The supreme court or the
court of appeals may order the appointment of counsel, provide
for the payment of counsel fees, and direct the payment of
expenses in conformity with the provisions of this section.
Sec. 212. Minnesota Statutes 1982, section 611.071,
subdivision 2, is amended to read:
Subd. 2. [COUNSEL; FEES.] Application may be made to the
supreme court or the court of appeals for the appointment of
counsel, the allowance of counsel fees, and the payment of
expenses in the following cases:
(a) A person who has been convicted of a felony in the
district court, who is without counsel, whose time for appeal
from the judgment of conviction has not expired, and who is
unable, by reason of poverty, to pay counsel and the expenses of
an appeal.
(b) A person who has been convicted of a felony, who is
without counsel, whose time for appeal from the judgment of
conviction has expired, and who is unable by reason of poverty
to pay counsel and the expenses of a post-conviction proceeding.
Sec. 213. Minnesota Statutes 1982, section 611.14, is
amended to read:
611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.]
The following persons hereinafter described who are
financially unable to obtain counsel, shall be entitled to be
represented by a public defender:
(a) a person charged with a felony or gross misdemeanor,
including such a person when charged pursuant to sections 629.01
to 629.29;
(b) a person appealing to the supreme court from a
conviction of a felony or gross misdemeanor, or a person
convicted of a felony or gross misdemeanor who is pursuing a
post-conviction proceeding, after the time for appeal from the
judgment has expired;
(c) a person who is entitled to be represented by counsel
pursuant to the provisions of section 609.14, subdivision 2, or
section 609.16;
(d) a minor who is entitled to be represented by counsel
pursuant to the provisions of section 260.155, subdivision 2, if
the judge of the juvenile court concerned has requested and
received the approval of a majority of the district court judges
of the judicial district to utilize the services of the public
defender in such cases, and approval of the compensation on a
monthly, hourly or per diem basis to be paid for such services
pursuant to section 260.251, subdivision 2, clause (e); or
(e) a person, entitled by law to be represented by counsel,
charged with an offense within the trial jurisdiction of a
municipal, county, or probate court with municipal court
jurisdiction, presided over by a full time salaried judge or a
judge of probate court, if the trial judge or a majority of the
trial judges of the court concerned have requested and received
approval of a majority of the district court judges of the
judicial district to utilize the services of the public defender
in such cases and approval of the compensation on a monthly,
hourly or per diem basis to be paid for such services by the
county or municipality within the court's jurisdiction.
Sec. 214. Minnesota Statutes 1982, section 611.18, is
amended to read:
611.18 [APPOINTMENT OF PUBLIC DEFENDER.]
When If it shall appear appears to a court or magistrate
that a person requesting the appointment of counsel satisfies
the requirements of Laws 1965, Chapter 869 this chapter, the
court or magistrate shall order the appropriate public defender
to represent him at all further stages of the proceeding through
appeal, if any. For those persons appealing to the supreme
court from a conviction or pursuing a post conviction
proceeding, after the time for appeal has expired, the state
public defender shall be appointed. For all other persons
covered by section 611.14, a district public defender shall be
appointed to represent them. If (a) conflicting interests
exist, or if (b) the district public defender for any other
reason is unable to act, or if (c) the interests of justice
require, the state public defender may be ordered to represent
such a person. If at any stage of the proceedings, including an
appeal, the court finds that the defendant is financially unable
to pay counsel whom he had retained, the court may appoint the
appropriate public defender to represent him, as provided in
this section. Provided, however, that Prior to any court
appearance, a public defender may represent a person accused of
violating the law, who appears to be financially unable to
obtain counsel, and shall continue to represent such the person
unless it is subsequently determined that such the person is
financially able to obtain counsel. Such The representation may
be made available at the discretion of the public defender, upon
the request of such the person or someone on his behalf. Any
law enforcement officer may notify the public defender of the
arrest of any such person.
Sec. 215. Minnesota Statutes 1982, section 611.25, is
amended to read:
611.25 [POWERS; DUTIES; LIMITATIONS.]
The state public defender shall represent, without charge,
a defendant or other person appealing to the supreme court from
a conviction or pursuing a post conviction proceeding after the
time for appeal has expired when the state public defender is
directed so to do so by a judge of the district court, of the
court of appeals or of the supreme court. The state public
defender shall represent any other person, who is financially
unable to obtain counsel, when directed so to do so by the
supreme court or the court of appeals, except that he shall not
represent a person in any action or proceeding in which a party
is seeking a monetary judgment, recovery or award. The state
public defender may assist a district public defender in the
performance of his duties when the district public defender so
requests. Whenever the state public defender is directed by a
court to represent any defendant or other person, with the
approval of the court he may assign such the representation to
any district public defender.
He also shall supervise the training of all state and
district public defenders, and may establish a training course
for such purpose.
Sec. 216. Minnesota Statutes 1982, section 645.44, is
amended by adding a subdivision to read:
Subd. 1a. [APPELLATE COURTS.] "Appellate courts" means the
supreme court and the court of appeals.
Sec. 217. Minnesota Statutes 1982, section 648.39,
subdivision 1, is amended to read:
Subdivision 1. [FREE DISTRIBUTION.] The revisor of
statutes shall without charge distribute each edition of
Minnesota Statutes, supplement to the Minnesota Statutes, and
the Laws of Minnesota to the persons, officers, departments,
agencies, or commissions listed in this subdivision. Prior to
distribution of Minnesota Statutes, supplement to the Minnesota
Statutes, or the Laws of Minnesota, the revisor of statutes
shall inquire whether the full number of copies authorized by
this subdivision are required for their work. Unless a smaller
number is needed, each edition shall be distributed without
charge as follows:
(a) 30 copies to the supreme court;
(b) 30 copies to the court of appeals;
(b) (c) 1 copy to each judge of a district court;
(c) (d) 1 copy to the clerk of each district court for use
in each courtroom of the district court of his county;
(d) (e) 100 copies to the state law library;
(e) (f) 100 copies to the law school of the University of
Minnesota;
(f) (g) 100 copies to the office of the attorney general;
(g) (h) 10 copies each to the governor's office, the
departments of agriculture, commerce, corrections, education,
health, transportation, labor and industry, economic security,
natural resources, public safety, public service, public
welfare, and revenue, and the pollution control agency;
(h) (i) 1 copy each to other state departments, agencies,
boards, and commissions not specifically named in this
subdivision;
(i) (j) 1 copy to each member of the legislature;
(j) (k) 100 copies for the use of the senate and 150 copies
for the use of the house of representatives;
(k) (l) 4 copies to the secretary of the senate;
(l) (m) 4 copies to the chief clerk of the house of
representatives;
(m) (n) 1 copy to each judge, district attorney, clerk of
court of the United States and the deputy clerk of each division
of the United States district court in this state, the secretary
of state of the United States, the library of congress, and the
Minnesota historical society;
(n) (o) 20 copies each to the department of administration,
state auditor, and legislative auditor;
(o) (p) 1 copy to each county library maintained pursuant
to section 134.12 or 375.33, except in counties containing
cities of the first class. If a county has not established a
county library pursuant to section 134.12 or 375.33, the copy
shall be provided to any public library in the county; and
(p) (q) 50 copies to the revisor of statutes.
Sec. 218. Laws 1982, chapter 501, section 27, is amended
to read:
Sec. 27. [EFFECTIVE DATE; TRANSITION.]
Sections 3 to 25 shall become effective only upon
ratification of the amendment proposed in section 1 of this act
as provided in the Minnesota Constitution. If the
constitutional amendment proposed by section 1 is adopted by the
people,
(a) sections 3 to 7 and section 24 of this act are
effective July 1, 1983, and
(b) sections 8 to 23 and 25 and 26 are effective August 1,
1983. The court of appeals shall have jurisdiction over cases
in which the notice of appeal, petition for review, or writ, is
filed on or after August 1, 1983. In all cases in which the
notice, petition or writ was filed on or before July 31, 1983,
the court to which such appeal, petition, or writ was taken
shall continue to exercise jurisdiction, notwithstandng any
change introduced by this act. In any such case in which a
district or county court retains jurisdiction and appeal is
taken against its decision on or after August 1, 1983, appeal
shall be taken to the court of appeals as provided herein.
Sec. 219. [REPEALER.]
Minnesota Statutes 1982, sections 14.70; 72A.24,
subdivision 2; 80A.24, subdivision 3; 177.29, subdivisions 2 and
3; 216.24; 216.271; 216B.52, subdivisions 2, 3, 4, and 5;
216B.55; 360.072, subdivisions 2, 3, 4, and 5; 363.10; 375.67,
subdivisions 2 and 3; 484.63; 525.711; and 525.74; and Laws
1982, chapter 501, sections 17, 18, 19, and 25 are repealed.
Sec. 220. [REVISOR'S INSTRUCTION.]
On or before February 1, 1984 the revisor of statutes shall
present to the chairmen of the committees on the judiciary in
the house and senate a report summarizing all provisions of Laws
1983 which are inconsistent with section 480A.02 or the
applicable sections of this act. The report shall identify
provisions for:
a) direct appeal from the district court to the supreme
court,
b) appeals from the county or county municipal courts to
the district court, and
c) appeals pursuant to chapter 14 which provide for appeal
to district court.
The report shall be in the form of a bill amending the
identified sections to provide for appeal to the court of
appeals in a manner consistent with section 480A.06 and the
applicable sections of this act.
Sec. 221. [EFFECTIVE DATE.]
Section 218 is effective July 1, 1983. The remainder of
this act is effective August 1, 1983, and applies to all appeals
taken on or after that date.
Approved June 1, 1983
Official Publication of the State of Minnesota
Revisor of Statutes