Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 338-S.F.No. 2040
An act relating to family law; modifying provisions
dealing with the procedure for proceeding directly to
hearing in the administrative process; modifying
terminology to comport with the rules of court;
amending Minnesota Statutes 1997 Supplement, sections
518.5511, subdivisions 1, 3, 3a, and 4; and 518.5512,
subdivisions 2, 3, and 4; repealing Minnesota Statutes
1997 Supplement, section 518.5512, subdivision 3a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1997 Supplement, section
518.5511, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) An administrative process is
established to obtain, modify, and enforce child and medical
support orders and parentage orders and enforce maintenance if
combined with a child support proceeding. All laws governing
these actions apply insofar as they are not inconsistent with
the provisions of this section and section 518.5512. Wherever
other laws or rules are inconsistent with this section and
section 518.5512, the provisions in this section and section
518.5512 shall apply.
(b) All proceedings for obtaining, modifying, or enforcing
child and medical support orders and enforcing maintenance
orders if combined with a child support proceeding, are required
to be conducted in the administrative process when the public
authority is a party or provides services to a party or parties
to the proceedings. Cases in which there is no assignment of
support or in which the public authority is not providing
services may not be conducted in the administrative process. At
county option, the administrative process may include contempt
motions or actions to establish parentage. Nothing contained
herein shall prevent a party, upon timely notice to the public
authority, from commencing an action or bringing a motion for
the establishment, modification, or enforcement of child support
or enforcement of maintenance orders if combined with a child
support proceeding in district court, if additional issues
involving domestic abuse, establishment or modification of
custody or visitation, property issues, or other issues outside
the jurisdiction of the administrative process, are part of the
motion or action, or from proceeding with a motion or action
brought by another party containing one or more of these issues
if it is pending in district court.
(c) A party may make a written request to the public
authority to initiate an uncontested administrative proceeding.
The initiating party may serve a copy of the written request on
the noninitiating party in accordance with the rules of civil
procedure. If the public authority denies the request, the
public authority shall issue a notice of denial which denies the
request for relief within 30 days of receiving the written
request, states the reasons for the denial, and notifies the
party of the right to proceed directly to a contested
administrative proceeding hearing before an administrative law
judge according to subdivision 3a, paragraph (a). If the party
proceeds directly to a contested hearing and files the requisite
documents, as provided by the commissioner, with the court
administrator within 30 days after the public authority's denial
and the party's action results in a modification of a child
support order, the modification may be retroactive to the date
the written request was received by served on the public
authority noninitiating party. If the initiating party did not
serve the written request on the noninitiating party,
modification may be made retroactive as provided in section
518.64, subdivision 2, paragraph (d). If the public authority
accepts the request and proceeds with the uncontested
administrative process, any order or modification may be
retroactive to the date the written request was received
by served on the public authority noninitiating party. If the
initiating party did not serve the written request on the
noninitiating party, an order or modification may be made
retroactive to the date the public authority serves the proposed
order on the noninitiating party as provided in subdivision 2,
paragraph (a).
(d) The public authority may initiate actions in the
administrative process.
(e) For the purpose of the administrative process, all
powers, duties, and responsibilities conferred on judges of
district court to obtain and enforce child and medical support
and parentage and maintenance obligations, subject to the
limitations of this section are conferred on administrative law
judges, including the power to determine controlling interstate
orders, and to issue subpoenas, orders to show cause, and bench
warrants for failure to appear.
The administrative law judge has the authority to enter
parentage orders in which the custody and visitation provisions
are uncontested.
(f) Nonattorney employees of the public authority
responsible for child support may prepare, sign, serve, and file
complaints, motions, notices, summary notices, proposed orders,
default orders, consent orders, orders for blood or genetic
tests, and other documents related to the administrative process
for obtaining, modifying, or enforcing child and medical support
orders, orders establishing paternity, and related documents,
and orders to enforce maintenance if combined with a child
support order. The nonattorney employee may issue
administrative subpoenas, conduct prehearing conferences, and
participate in proceedings before an administrative law judge.
This activity shall not be considered to be the unauthorized
practice of law. Nonattorney employees may not represent the
interests of any party other than the public authority, and may
not give legal advice. The nonattorney employees may act
subject to the limitations of section 518.5512.
(g) Any party may make a written request to the office of
administrative hearings for a subpoena compelling the attendance
of a witness or the production of books, papers, records, or
other documents relevant to the administrative process.
Subpoenas are enforceable through the district court. The
public authority may also request a subpoena from the office of
administrative hearings for the production of a witness or
documents. The nonattorney employee of the public authority may
issue subpoenas subject to the limitations in section 518.5512,
subdivision 6, paragraph (a), clause (2).
(h) At all stages of the administrative process, the county
attorney, or other attorney under contract, shall act as the
legal adviser for the public authority.
(i) The commissioner of human services shall:
(1) provide training to child support officers and other
persons involved in the administrative process;
(2) timely prepare simple and easy to understand and make
available to the public authority forms, in consultation with
the office of administrative hearings, for all notices and
orders prescribed in this section, including a support order
worksheet form, with the exception of orders issued by the
district court or the office of administrative hearings under
subdivision 4 subdivisions 2 and 3; and
(3) distribute money to cover the costs of the
administrative process, including the salaries of administrative
law judges. If available appropriations are insufficient to
cover the costs, the commissioner shall prorate the amount among
the counties.
(j) The commissioner of human services, in consultation
with the office of administrative hearings, is responsible for
the supervision of the administrative process.
(k) The public authority, the office of administrative
hearings, court administrators, and other entities involved in
the administrative process shall use the forms prepared by the
commissioner for use in the uncontested administrative process.
(l) The office of administrative hearings may reject orders
that have not been submitted by the public authority under
subdivisions 2 and 3 if they are not prepared using the
commissioner's forms or on forms that have not been developed or
approved by the commissioner.
(m) The office of administrative hearings is responsible
for training and monitoring shall:
(1) train and monitor the performance of administrative law
judges, maintaining maintain records of proceedings, providing
provide transcripts upon request, and maintaining maintain the
integrity of the district court file.; and
(2) prepare and make available to court administrators and
the public authority forms that conform with requirements of the
rules of court that may be used by parties who proceed directly
to hearing under subdivision 3a.
Sec. 2. Minnesota Statutes 1997 Supplement, section
518.5511, subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATIVE CONFERENCE.] (a) If a party
contacts the public authority within 30 days of the date of
service of the proposed order, and the public authority does not
choose to proceed directly to a contested administrative
proceeding hearing, the public authority shall schedule a
conference, and shall send serve on the parties written notice
of the date, time, and place of the conference and the date,
time, and place of a contested administrative proceeding. At
its option, the public authority may at the same time schedule a
hearing in the event the administrative conference fails to
resolve all of the issues on the parties. The public authority
may request any additional information necessary to establish
child support. The public authority may choose to go directly
to a contested administrative proceeding hearing and is not
required to conduct an administrative conference. The date of
the contested administrative proceeding hearing must be set
within 31 days of the administrative conference or not more than
60 days from the date of the notice of the administrative
conference. A request for a continuance must be made to the
chief administrative law judge according to Minnesota Rules,
part 1400.7500.
(b) The purpose of the conference is to review all
available information and seek an agreement to a consent order.
The notice shall state the purpose of the conference, and that
the proposed order will be entered as a final and binding
default order if both parties fail to appear at the conference.
The notice must also state that if only one party appears at the
conference and there is no new information provided, the matter
shall proceed by default. The notice shall be served on the
parties by first class mail at their last known addresses, and
the method of service shall be documented in the public
authority file. All available and relevant information must be
shared with the parties at the conference subject to the
limitations of sections 256.87, subdivision 8, 257.70, and
518.005, subdivision 5. If a conference is not held,
information which would have been shared at the conference by
the public authority must be provided to a party or the party's
attorney within 15 days of receipt of a written request.
(c) A party alleging domestic abuse by the other party
shall not be required to participate in a conference. In such a
case, the public authority shall meet separately with the
parties in order to determine whether an agreement can be
reached.
(d) If all parties appear at the conference and agree to
all issues, and the public authority approves the agreement, the
public authority shall prepare a consent order for the parties
and the public authority to sign. The public authority shall
submit the consent order to the administrative law judge. Upon
signature, the order is a final order and must be served on the
parties by first class mail.
(e) If only one party appears at the conference and there
is no new information available that party agrees to the terms
of the proposed order, or if both of the parties fail to appear
at the conference, the public authority may submit a default
order through the uncontested administrative process. If only
one party appears at the conference and there is new information
available that party does not agree to the terms of the proposed
order, the matter shall proceed directly to the scheduled
contested administrative proceeding a hearing before an
administrative law judge.
(f) If the parties appear at the conference and do not
reach agreement to the entry of a consent order, the public
authority shall advise the parties that the matter remains
scheduled of the date, time, and place for a contested
administrative proceeding hearing, and that the public authority
will seek the establishment of child support at the proceeding
in accordance with the child support guidelines.
(g) If one or both of the parties appear at the
administrative conference and there is new information that
makes the proposed order unreasonable or inappropriate, the
public authority may issue a revised proposed order pursuant to
subdivision 2, paragraph (c), or proceed directly to a contested
administrative proceeding hearing.
Sec. 3. Minnesota Statutes 1997 Supplement, section
518.5511, subdivision 3a, is amended to read:
Subd. 3a. [INTERIM ALTERNATIVE ADMINISTRATIVE
RESOLUTIONS.] (a)(1) In any case within the jurisdiction of the
administrative process, the public authority or any party may
proceed directly to a contested administrative proceeding
hearing under subdivision 4 by making a written request to the
public authority. After the public authority receives a written
request, the public authority shall request or schedule a
contested administrative proceeding and inform the requester of
the date, time, and place of the hearing. The public authority
shall also provide the requester with the contested
administrative documents necessary for the proceeding. These
documents must be completed by the requester, served on the
other party and the public authority, and filed with the court
administrator at least 21 days before the hearing. If the
documents are not filed with the court administrator, the
contested administrative proceeding must be canceled unless the
public authority or a party objects. serving pleadings on the
other party or parties and the public authority and filing the
pleadings with the court administrator. The form and content of
the pleadings and the manner of service and filing must conform
with the requirements of the rules of court. The office of
administrative hearings shall provide to court administrators
and the public authority forms that may be used by parties who
elect to proceed directly to hearing under this subdivision, as
set out in subdivision 1, paragraph (m), clause (2). Nothing in
this subdivision requires a party or an attorney filing
pleadings on behalf of a party to use forms that have been
prepared by the office of administrative hearings.
(2) The public authority may also proceed directly to a
contested administrative proceeding.
(b) At any time in the administrative process, including
prior to the issuance of the proposed order, if the parties and
the public authority are in agreement, the public authority
shall prepare a consent order to be signed by the public
authority and the parties. The parties must waive any of their
rights to the notices and time frames required by this section.
The public authority shall submit the order to the
administrative law judge. Upon signature by the court, the
order is a final order and must be filed with the court
administrator and served by first class mail on the parties.
Sec. 4. Minnesota Statutes 1997 Supplement, section
518.5511, subdivision 4, is amended to read:
Subd. 4. [CONTESTED ADMINISTRATIVE PROCEEDING PROCESS.] (a)
All counties shall participate in the contested administrative
process established in this section as designated in a statewide
implementation plan to be set forth by the commissioner of human
services. No county shall be required to participate in the
contested administrative process until after the county has been
trained. The contested administrative process shall be in
operation in all counties no later than July 1, 1998.
In counties designated by the commissioner, contested
administrative proceedings Hearings required under this section
shall be scheduled before administrative law judges, and shall
be conducted in accordance with the provisions under this
section. In counties not designated by the commissioner,
contested administrative proceedings shall be conducted in
district court in accordance with the rules of civil procedure
and the rules of family court.
(b) An administrative law judge may conduct administrative
proceedings and approve a stipulation reached on a contempt
motion brought by the public authority. Any stipulation that
involves a finding of contempt and a jail sentence, whether
stayed or imposed, shall require the review and signature of a
district court judge.
(c) A party, witness, or attorney may appear or testify by
telephone, audiovisual means, or other electronic means, at the
discretion of the administrative law judge.
(d) Before implementing the process in a county, the chief
administrative law judge, the commissioner of human services,
the director of the county human services agency, the county
attorney, the county court administrator, and the county sheriff
shall jointly establish procedures, and the county shall provide
hearing facilities for implementing this process in the county.
A contested administrative proceeding The hearing shall be
conducted in a courtroom, if one is available, or a conference
or meeting room with at least two exits and of sufficient size
to permit adequate physical separation of the parties. The
court administrator shall, to the extent practical, provide
administrative support for the contested administrative
proceeding hearing. Security personnel shall either be present
during the administrative proceedings hearing, or be available
to respond to a request for emergency assistance.
(e) The contested administrative Hearings shall be
conducted under the rules of the office of administrative
hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000
to 1400.6400, 1400.6600 to, 1400.6700, 1400.7000, 1400.7100 to,
1400.7300, 1400.7400, 1400.7500, 1400.7700, 1400.7800, and
1400.8100, as adopted by the chief administrative law judge. To
the extent the time requirements under Minnesota Rules conflict
with time requirements under the rules of family court, rules of
civil procedure, or this chapter, the requirements of the rules
of family court, rules of civil procedure, or this chapter
control. For matters not initiated under subdivision 2,
documents from the moving party shall be served and filed at
least 14 days prior to the hearing and the opposing party shall
serve and file documents raising new issues at least ten days
prior to the hearing. In all contested administrative
proceedings, according to the rules of court. The
administrative law judge may limit the extent and timing of
discovery. Except as provided under this section, other aspects
of the case, including, but not limited to, discovery, shall be
conducted under the rules of family court, the rules of civil
procedure, and this chapter 518.
(f) Following a contested administrative hearing, the
administrative law judge shall make findings of fact,
conclusions, and a final decision and issue an order. Orders
issued by an administrative law judge may be enforceable by the
contempt powers of the district courts.
(g) At the time the matter is scheduled for a contested
administrative proceeding hearing, the public authority shall
file in the district court copies of all relevant documents sent
to or received from the parties that have been provided to all
parties, in addition to any documents filed under subdivision 2,
paragraph (d). These documents may be used as evidence by the
judge in deciding the case without need for further foundation
testimony. For matters scheduled for a contested administrative
proceeding hearing which were not initiated under subdivision 2,
the public authority shall obtain any income information
available to the public authority through the department of
economic security and serve this information on all parties and
file the information with the court at least five days prior to
the hearing.
(h) If only one party appears at the contested
administrative proceeding hearing, a hearing must be conducted.
The administrative law judge shall prepare an order and file it
with the district court. The court shall serve the order on the
parties by first class mail at the last known address and shall
provide a copy of the order to the public authority.
(i) If neither party appears at the contested
administrative proceeding hearing and no new information has
been submitted or made available to the court or public
authority, the public authority shall submit the default order
to the administrative law judge for signature. If neither party
appears and new information is available to the court or public
authority, the administrative law judge shall prepare an order
based on the new information. The court shall serve the order
on the parties by first class mail at the last known address and
shall provide a copy of the order to the public authority.
(j) The decision and order of the administrative law judge
is appealable to the court of appeals in the same manner as a
decision of the district court.
Sec. 5. Minnesota Statutes 1997 Supplement, section
518.5512, subdivision 2, is amended to read:
Subd. 2. [PATERNITY.] (a) After service of the notice and
proposed order, a nonattorney employee of the public authority
may order the child, mother, or alleged father to submit to
blood or genetic tests. In a case with multiple alleged
fathers, a nonattorney employee of the public authority may
order the child, mother, and alleged fathers to submit to blood
or genetic tests after service of the notice of the parentage
proceeding. The order for genetic tests must be served by
personal service. The order of the public authority shall be
effective unless, within 20 days of the date of the order, the
child, mother, or an alleged father requests a contested
administrative proceeding hearing under section 518.5511,
subdivision 3a. If a contested administrative proceeding
hearing is requested and held, any order issued by an
administrative law judge supersedes the order issued by the
public authority. In all other cases, the order of the public
authority is controlling. Failure to comply with the order for
blood or genetic tests may result in a default determination of
parentage.
(b) If parentage is contested at the administrative
hearing, the administrative law judge may order temporary child
support under section 257.62, subdivision 5, and shall refer the
case to the district court.
(c) The district court may appoint counsel for an indigent
alleged father only after the return of the blood or genetic
test results from the testing laboratory.
Sec. 6. Minnesota Statutes 1997 Supplement, section
518.5512, subdivision 3, is amended to read:
Subd. 3. [COST-OF-LIVING ADJUSTMENT.] The public authority
shall send notice of its application for a cost-of-living
adjustment on the obligor in accord with section 518.641. The
public authority shall, pending further order of the court,
temporarily stay the adjustment of support upon receipt by the
public authority of a request motion by the obligor to proceed
directly to a contested administrative proceeding hearing under
section 518.5511, subdivision 4.
Sec. 7. Minnesota Statutes 1996, section 518.5512,
subdivision 4, is amended to read:
Subd. 4. [TERMINATION OF INTEREST CHARGING.] The public
authority or a party bringing a motion under section 548.091,
subdivision 1a, may proceed immediately to a contested
administrative proceeding hearing under section 518.5511,
subdivision 4.
Sec. 8. [EVALUATION AND RECOMMENDATIONS.]
The commissioner of human services, in consultation with
the commissioner's advisory committee for child support
enforcement, shall evaluate the extent to which the
administrative process has met the legislative mandate to
develop and implement an administrative process that is simple,
streamlined, informal, uniform throughout the state, and
accessible to parties without counsel. The commissioner shall
present recommendations for further progress towards these
mandates. The evaluation and recommendations shall be presented
to the legislature by December 15, 1999.
Sec. 9. [REPEALER.]
Minnesota Statutes 1997 Supplement, section 518.5512,
subdivision 3a, is repealed.
Presented to the governor March 27, 1998
Signed by the governor March 31, 1998, 10:54 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes