Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 196-S.F.No. 23
An act relating to family law; repealing the
administrative process for support orders;
establishing a child support magistrate system;
authorizing child support and visitation review
hearings; amending Minnesota Statutes 1998, sections
13B.06, subdivision 1; 168A.20, subdivision 4;
171.186, subdivisions 1 and 3; 214.101, subdivisions 1
and 4; 357.021, subdivision 1a; 484.70, subdivision 1;
484.72, by adding a subdivision; 518.171, subdivision
4; 518.54, by adding a subdivision; 518.551,
subdivisions 9, 12, 13, and 14; 518.553; 518.575,
subdivision 1; 518.5853, subdivision 6; 518.6111,
subdivisions 2, 7, 8, and 14; 518.616, subdivision 1;
518.617, subdivision 1; 518.641, subdivision 2; and
552.05, subdivisions 4, 5, and 10; Laws 1998, chapter
338, section 8; proposing coding for new law in
Minnesota Statutes, chapters 484; and 518; repealing
Minnesota Statutes 1998, sections 518.5511; and
518.5512.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
EXPEDITED ADMINISTRATIVE PROCEDURES AND JUDICIAL PROCESS
Section 1. Minnesota Statutes 1998, section 484.70,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT.] The chief judge of the
judicial district may appoint one or more suitable persons to
act as referees. Referees shall hold office at the pleasure of
the judges of the district court and shall be learned in the
law, except that persons holding the office of referee on
January 1, 1983, may continue to serve under the terms and
conditions of their appointment. All referees are subject to
the administrative authority and assignment power of the chief
judge of the district as provided in section 484.69, subdivision
3, and are not limited to assignment to family, probate,
juvenile or special term court. Part time referees holding
office in the second judicial district pursuant to this
subdivision shall cease to hold office on July 31, 1984.
Sec. 2. [484.702] [EXPEDITED CHILD SUPPORT HEARING
PROCESS.]
Subdivision 1. [CREATION; SCOPE.] (a) The supreme court
shall create an expedited child support hearing process to
establish, modify, and enforce child support; and enforce
maintenance, if combined with child support. The process must
be designed to handle child support and paternity matters in
compliance with federal law.
(b) All proceedings establishing, modifying, or enforcing
support orders; and enforcing maintenance orders, if combined
with a support proceeding, must be conducted in the expedited
process if the case is a IV-D case. Cases that are not IV-D
cases may not be conducted in the expedited process.
(c) This section does not prevent a party, upon timely
notice to the public authority, from commencing an action or
bringing a motion in district court for the establishment,
modification, or enforcement of support, or enforcement of
maintenance orders if combined with a support proceeding, where
additional issues involving domestic abuse, establishment or
modification of custody or visitation, or property issues exist
as noticed by the complaint, motion, counter motion, or counter
action.
(d) At the option of the county, the expedited process may
include contempt actions or actions to establish parentage.
(e) The expedited process should meet the following goals:
(1) be streamlined and uniform statewide and result in
timely and consistent issuance of orders;
(2) be accessible to the parties without the need for an
attorney and minimize litigation;
(3) be a cost-effective use of limited financial resources;
and
(4) comply with applicable federal law.
(f) For purposes of this section, "IV-D case" has the
meaning given in section 518.54.
Subd. 2. [ADMINISTRATION.] (a) The state court
administrator shall provide for the administration of the
expedited child support hearing process in each judicial
district.
(b) Until June 30, 2000, the office of administrative
hearings and the state court administrator may enter into
contracts to provide one or more administrative law judges to
serve as child support magistrates and for administrative and
case management support. The title to all personal property
used in the administrative child support process mutually agreed
upon by the office of administrative hearings and the office of
the state court administrator must be transferred to the state
court administrator for use in the expedited child support
process.
Subd. 3. [APPOINTMENT OF CHILD SUPPORT MAGISTRATES.] The
chief judge of each judicial district may appoint one or more
suitable persons to act as child support magistrates for the
expedited child support hearing process, with the confirmation
of the supreme court. A child support magistrate appointed to
serve in the expedited child support process, whether hired on a
full-time, part-time, or contract basis, is a judicial officer
under section 43A.02, subdivision 25, and is an employee of the
state under section 3.732 for purposes of section 3.736 only.
Subd. 4. [TRAINING AND QUALIFICATIONS OF CHILD SUPPORT
MAGISTRATES.] The supreme court may:
(1) provide training for individuals who serve as child
support magistrates for the expedited child support hearing
process;
(2) establish minimum qualifications for child support
magistrates; and
(3) establish a policy for evaluating and removing child
support magistrates.
Subd. 5. [RULES.] The supreme court, in consultation with
the conference of chief judges, shall adopt rules to implement
the expedited child support hearing process under this section.
Sec. 3. Minnesota Statutes 1998, section 484.72, is
amended by adding a subdivision to read:
Subd. 6. [EXPEDITED CHILD SUPPORT PROCESS.]
Notwithstanding subdivisions 1 and 4, hearings and proceedings
conducted in the expedited child support process under section
484.702 may be reported by use of electronic recording equipment
provided that the equipment meets the minimum standards
promulgated by the state court administrator. Electronic
recording equipment must be operated and monitored by a person
who meets the minimum qualifications promulgated by the state
court administrator.
Sec. 4. [518.178] [VISITATION AND SUPPORT REVIEW HEARING.]
Upon motion of either party, the court shall conduct a
hearing to review compliance with the visitation and child
support provisions set forth in a decree of dissolution or legal
separation or an order that establishes child custody,
visitation, and support rights and obligations of parents. The
state court administrator shall prepare, and each court
administrator shall make available, simplified pro se forms for
reviewing visitation and child support disputes. The court may
impose any visitation enforcement remedy available under
sections 518.175 and 518.1751, and any support enforcement
remedy available under section 518.551.
Sec. 5. Minnesota Statutes 1998, section 518.54, is
amended by adding a subdivision to read:
Subd. 14. [IV-D CASE.] "IV-D case" means a case where a
party has assigned to the state rights to child support because
of the receipt of public assistance as defined in section
256.741 or has applied for child support services under title
IV-D of the Social Security Act, United States Code, title 42,
section 654(4).
Sec. 6. Minnesota Statutes 1998, section 518.551,
subdivision 9, is amended to read:
Subd. 9. [ASSIGNMENT OF RIGHTS; JUDGMENT.] (a) The public
agency responsible for child support enforcement is joined as a
party in each case in which rights are assigned under section
256.741, subdivision 2. The court administrator shall enter and
docket a judgment obtained by operation of law under section
548.091, subdivision 1, in the name of the public agency to the
extent that the obligation has been assigned. When arrearages
are reduced to judgment under circumstances in which section
548.091 is not applicable, the court shall grant judgment in
favor of, and in the name of, the public agency to the extent
that the arrearages are assigned. After filing notice of an
assignment with the court administrator, who shall enter the
notice in the docket, the public agency may enforce a judgment
entered before the assignment of rights as if the judgment were
granted to it, and in its name, to the extent that the
arrearages in that judgment are assigned.
(b) The public authority is a real party in interest in any
IV-D case where there has been an assignment of support. In all
other IV-D cases, the public authority has a pecuniary interest,
as well as an interest in the welfare of the children involved
in those cases. The public authority may intervene as a matter
of right in those cases to assure that child support orders are
obtained and enforced which provide for an appropriate and
accurate level of child, medical, and child care support. If
the public authority participates in a IV-D case where the
action taken by the public authority requires the use of an
attorney's services, the public authority shall be represented
by an attorney consistent with the provisions in section 518.255.
Sec. 7. [518.5513] [PUBLIC AUTHORITY PROCEDURES FOR CHILD
AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.]
Subdivision 1. [GENERAL.] The public authority may use the
provisions of this section in cases in which support rights are
assigned under section 256.741, subdivision 2, or where the
public authority is providing services under an application for
child support services.
Subd. 2. [ROLE OF NONATTORNEY EMPLOYEES; GENERAL
PROVISIONS.] (a) The county attorney shall review and approve as
to form and content all pleadings and other legal documents
prepared by nonattorney employees of the county agency for use
in the expedited child support process.
(b) Under the direction of, and in consultation with, the
county attorney, nonattorney employees of the county agency
shall have authority to perform the following legal duties:
(1) meet and confer with parties by mail, telephone,
electronic, or other means regarding legal issues;
(2) explain to parties the purpose, procedure, and function
of the expedited child support process and the role and
authority of nonattorney employees of the county agency
regarding legal issues;
(3) prepare pleadings, including, but not limited to,
summonses and complaints, notices, motions, subpoenas, orders to
show cause, proposed orders, administrative orders, and
stipulations and agreements;
(4) issue administrative subpoenas;
(5) prepare judicial notices;
(6) negotiate settlement agreements;
(7) attend and participate as a witness in hearings and
other proceedings and, if requested by the child support
magistrate, present evidence, agreements and stipulations of the
parties, and any other information deemed appropriate by the
magistrate;
(8) participate in such other activities and perform such
other duties as delegated by the county attorney; and
(9) exercise other powers and perform other duties as
permitted by statute or court rule.
(c) Nonattorney employees of the county agency may perform
the following duties without direction from the county attorney:
(1) gather information on behalf of the public authority;
(2) prepare financial worksheets;
(3) obtain income information from the department of
economic security and other sources;
(4) serve documents on parties;
(5) file documents with the court;
(6) meet and confer with parties by mail, telephone,
electronic, or other means regarding nonlegal issues;
(7) explain to parties the purpose, procedure, and function
of the expedited child support process and the role and
authority of nonattorney employees of the county agency
regarding nonlegal issues; and
(8) perform such other routine nonlegal duties as assigned.
(d) Performance of the duties prescribed in paragraphs (b)
and (c) by nonattorney employees of the county agency does not
constitute the unauthorized practice of law for purposes of
section 481.02.
Subd. 3. [PREPARATION OF FINANCIAL WORKSHEET.] (a) In
cases involving establishment or modification of a child support
order, a nonattorney employee of the public authority shall
prepare a financial worksheet that contains:
(1) names and addresses of the parties;
(2) Social Security numbers of the parties;
(3) number of members in household of each party and
dependents of the parties;
(4) names and addresses of the parties' employers;
(5) net income of the parties as defined in section
518.551, subdivision 5, with the authorized deductions itemized;
(6) amounts and sources of any other earnings and income of
the parties;
(7) health insurance coverage of parties; and
(8) any other information relevant to the determination of
child or medical support under section 518.171 or 518.551,
subdivision 5.
(b) In preparing the financial worksheet, the nonattorney
employee of the public authority shall obtain any income
information available to the public authority from the
department of economic security and serve this information on
the parties. The information must be filed with the court or
child support magistrate at least five days before any hearing
involving child support, medical support, or child care
reimbursement issues.
Subd. 4. [NONCONTESTED MATTERS.] Under the direction of
the county attorney and based on agreement of the parties,
nonattorney employees may prepare a stipulation, findings of
fact, conclusions of law, and proposed order. The documents
must be approved and signed by the county attorney as to form
and content before submission to the court or child support
magistrate for approval.
Subd. 5. [ADMINISTRATIVE AUTHORITY.] (a) The public
authority may take the following actions relating to
establishment of paternity or to establishment, modification, or
enforcement of support orders, without the necessity of
obtaining an order from any judicial or administrative tribunal:
(1) recognize and enforce orders of child support agencies
of other states;
(2) upon request for genetic testing by a child, parent, or
any alleged parent, and using the procedure in paragraph (b),
order the child, parent, or alleged parent to submit to blood or
genetic testing for the purpose of establishing paternity;
(3) subpoena financial or other information needed to
establish, modify, or enforce a child support order and request
sanctions for failure to respond to a subpoena;
(4) upon notice to the obligor, obligee, and the
appropriate court, direct the obligor or other payor to change
the payee to the central collections unit under sections
518.5851 to 518.5853;
(5) order income withholding of child support under section
518.6111;
(6) secure assets to satisfy the debt or arrearage in cases
in which there is a support debt or arrearage by:
(i) intercepting or seizing periodic or lump sum payments
from state or local agencies, including reemployment insurance,
workers' compensation payments, judgments, settlements,
lotteries, and other lump sum payments;
(ii) attaching and seizing assets of the obligor held in
financial institutions or public or private retirement funds;
and
(iii) imposing liens in accordance with section 548.091
and, in appropriate cases, forcing the sale of property and the
distribution of proceeds;
(7) for the purpose of securing overdue support, increase
the amount of the monthly support payments by an additional
amount equal to 20 percent of the monthly support payment to
include amounts for debts or arrearages; and
(8) subpoena an employer or payor of funds to provide
promptly information on the employment, compensation, and
benefits of an individual employed by that employer as an
employee or contractor, and to request sanctions for failure to
respond to the subpoena as provided by law.
(b) A request for genetic testing by a child, parent, or
alleged parent must be support by a sworn statement by the
person requesting genetic testing alleging paternity, which sets
forth facts establishing a reasonable possibility of the
requisite sexual contact between the parties, or denying
paternity, and setting forth facts establishing a reasonable
possibility of the nonexistence of sexual contact between the
alleged parties. The order for genetic tests may be served
anywhere within the state and served outside the state in the
same manner as prescribed by law for service of subpoenas issued
by the district court of this state. If the child, parent, or
alleged parent fails to comply with the genetic testing order,
the public authority may seek to enforce that order in district
court through a motion to compel testing. No results obtained
through genetic testing done in response to an order issued
under this section may be used in any criminal proceeding.
(c) Subpoenas may be served anywhere within the state and
served outside the state in the same manner as prescribed by law
for service of process of subpoenas issued by the district court
of this state. When a subpoena under this subdivision is served
on a third-party recordkeeper, written notice of the subpoena
shall be mailed to the person who is the subject of the
subpoenaed material at the person's last known address within
three days of the day the subpoena is served. This notice
provision does not apply if there is reasonable cause to believe
the giving of the notice may lead to interference with the
production of the subpoenaed documents.
(d) A person served with a subpoena may make a written
objection to the public authority or court before the time
specified in the subpoena for compliance. The public authority
or the court shall cancel or modify the subpoena, if
appropriate. The public authority shall pay the reasonable
costs of producing the documents, if requested.
(e) Subpoenas are enforceable in the same manner as
subpoenas of the district court. Upon motion of the county
attorney, the court may issue an order directing the production
of the records. Failure to comply with the court order may
subject the person who fails to comply to civil or criminal
contempt of court.
(f) The administrative actions under this subdivision are
subject to due process safeguards, including requirements for
notice, opportunity to contest the action, and opportunity to
appeal the order to the judge, judicial officer, or child
support magistrate.
Subd. 6. [SHARING OF INFORMATION.] The public authority
may share available and relevant information on the parties in
order to perform its duties under this section or under supreme
court rules governing the expedited child support hearing
process under section 484.702, subject to the limitations of
sections 256.87, subdivision 8; 257.70; and 518.005, subdivision
5.
Sec. 8. Minnesota Statutes 1998, section 552.05,
subdivision 10, is amended to read:
Subd. 10. [FORMS.] The commissioner of human services
shall supreme court is requested to develop statutory forms for
use as required under this chapter. In developing these forms,
the commissioner shall consult with the attorney general,
representatives of financial institutions, and legal services.
The commissioner shall report back to the legislature by
February 1, 1998, with recommended forms to be included in this
chapter.
Sec. 9. [TRANSITIONAL PROVISIONS.]
Judicial districts are encouraged to utilize the existing
expertise of child support administrative law judges in
appointing child support magistrates under section 2 in order to
facilitate the transfer of these functions to the judicial
branch.
Sec. 10. Laws 1998, chapter 338, section 8, is amended to
read:
Sec. 8. [EVALUATION AND RECOMMENDATIONS.]
The supreme court, in consultation with the commissioner of
human services, in consultation with and 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 expedited process. Notwithstanding Minnesota Statutes,
section 13.46, the supreme court has access to private data on
parties to the expedited process for purposes of doing this
evaluation. The evaluation shall determine the extent to which
the expedited process meets the goals set forth in Minnesota
Statutes, section 484.702, and the level of satisfaction with
the expedited process reported by parents who have participated
in the process. Results shall be reported, to the extent
possible, statewide and by judicial district. The commissioner
shall legislature requests that the supreme court present
recommendations for further progress towards these mandates the
legislative goals. The evaluation and recommendations shall
should be presented to the legislature by December 15, 1999 2000.
ARTICLE 2
ADMINISTRATIVE PROCESS REPEAL
Section 1. Minnesota Statutes 1998, section 13B.06,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Account" means a demand deposit account, checking or
negotiable withdraw order account, savings account, time deposit
account, or money market mutual fund.
(b) "Account information" means the type of account, the
account number, whether the account is singly or jointly owned,
and in the case of jointly owned accounts the name and address
of the nonobligor account owner if available.
(c) "Financial institution" means any of the following that
do business within the state:
(1) federal or state commercial banks and federal or state
savings banks, including savings and loan associations and
cooperative banks;
(2) federal and state chartered credit unions;
(3) benefit associations;
(4) life insurance companies;
(5) safe deposit companies; and
(6) money market mutual funds.
(d) "Obligor" means an individual who is in arrears in
court-ordered child support or maintenance payments, or both, in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments, and is not in
compliance with a written payment agreement regarding both
current support and arrearages approved by the court, an
administrative law judge a child support magistrate, or the
public authority.
(e) "Public authority" means the public authority
responsible for child support enforcement.
Sec. 2. Minnesota Statutes 1998, section 168A.20,
subdivision 4, is amended to read:
Subd. 4. [SATISFACTION OF LIEN FOR CHILD SUPPORT.] If the
secured party is a public authority or a child support or
maintenance obligee with a lien under section 168A.05,
subdivision 8, upon either the satisfaction of a security
interest in a vehicle for which the certificate of title is in
the possession of the owner, or the execution by the owner of a
written payment agreement determined to be acceptable by the
court, an administrative law judge a child support magistrate,
the public authority, or the obligee, within 15 days the secured
party shall execute a release of security interest on the form
prescribed by the department and mail or deliver the
notification with release to the owner or any person who
delivers to the secured party an authorization from the owner to
receive the release.
Sec. 3. Minnesota Statutes 1998, section 171.186,
subdivision 1, is amended to read:
Subdivision 1. [SUSPENSION.] The commissioner shall
suspend a person's driver's license or operating privileges
without a hearing upon receipt of a court order or notice from a
public authority responsible for child support enforcement that
states that the driver is in arrears in court-ordered child
support or maintenance payments, or both, in an amount equal to
or greater than three times the obligor's total monthly support
and maintenance payments, and is not in compliance with a
written payment agreement regarding both current support and
arrearages approved by a court, an administrative law judge a
child support magistrate, or the public authority responsible
for child support enforcement, in accordance with section
518.551, subdivision 13.
Sec. 4. Minnesota Statutes 1998, section 171.186,
subdivision 3, is amended to read:
Subd. 3. [DURATION.] A license or operating privilege must
remain suspended and may not be reinstated, nor may a license be
subsequently issued to the person, until the commissioner
receives notice from the court, an administrative law judge a
child support magistrate, or public authority responsible for
child support enforcement that the person is in compliance with
all current orders of support or written payment agreements
regarding both current support and arrearages. A fee may not be
assessed for reinstatement of a license under this section.
Sec. 5. Minnesota Statutes 1998, section 214.101,
subdivision 1, is amended to read:
Subdivision 1. [COURT ORDER; HEARING ON SUSPENSION.] (a)
For purposes of this section, "licensing board" means a
licensing board or other state agency that issues an
occupational license.
(b) If a licensing board receives an order from a court or
an administrative law judge a child support magistrate or a
notice from a public authority responsible for child support
enforcement under section 518.551, subdivision 12, dealing with
suspension of a license of a person found by the court or the
public authority to be in arrears in child support or
maintenance payments, or both, the board shall, within 30 days
of receipt of the order or public authority notice, suspend the
license as directed by the order or notice.
Sec. 6. Minnesota Statutes 1998, section 214.101,
subdivision 4, is amended to read:
Subd. 4. [VERIFICATION OF PAYMENTS.] A board may not
issue, reinstate, or renew a license of a person who has been
suspended or is the subject of an order or notice under this
section until it receives notification from the court,
administrative law judge child support magistrate, or public
authority that referred the matter to the board confirming that
the applicant is not in arrears in either child support or
maintenance payments, or confirming that the person is in
compliance with a written payment plan regarding both current
support and arrearages.
Sec. 7. Minnesota Statutes 1998, section 357.021,
subdivision 1a, is amended to read:
Subd. 1a. [TRANSMITTAL OF FEES TO STATE TREASURER.] (a)
Every person, including the state of Minnesota and all bodies
politic and corporate, who shall transact any business in the
district court, shall pay to the court administrator of said
court the sundry fees prescribed in subdivision 2. Except as
provided in paragraph (d), the court administrator shall
transmit the fees monthly to the state treasurer for deposit in
the state treasury and credit to the general fund.
(b) In a county which has a screener-collector position,
fees paid by a county pursuant to this subdivision shall be
transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary
paid for the screener-collector position. The balance of the
fees collected shall then be forwarded to the state treasurer
for deposit in the state treasury and credited to the general
fund. In a county in the eighth judicial district which has a
screener-collector position, the fees paid by a county shall be
transmitted monthly to the state treasurer for deposit in the
state treasury and credited to the general fund. A
screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines
and to review the incomes of potential clients of the public
defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public
authority or the party the public authority represents in an
action for:
(1) child support enforcement or modification, medical
assistance enforcement, or establishment of parentage in the
district court, or child or medical support enforcement
conducted by an administrative law judge in an administrative
hearing under section 518.5511, or in a proceeding under section
484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public
guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section
256.98 or 256D.07, or recovery of overpayments of public
assistance;
(5) court relief under chapter 260;
(6) forfeiture of property under sections 169.1217 and
609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or
public institutions under sections 246.52, 252.27, 256.045,
256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and
260.251, or other sections referring to other forms of public
assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state
pursuant to section 16D.14, subdivision 5.
(d) The fees collected for child support modifications
under subdivision 2, clause (13), must be transmitted to the
county treasurer for deposit in the county general fund. The
fees must be used by the county to pay for child support
enforcement efforts by county attorneys.
Sec. 8. Minnesota Statutes 1998, section 518.171,
subdivision 4, is amended to read:
Subd. 4. [EFFECT OF ORDER.] (a) The order is binding on
the employer or union and the health and dental insurance plan
when service under subdivision 3 has been made. In the case of
an obligor who changes employment and is required to provide
health coverage for the child, a new employer that provides
health care coverage shall enroll the child in the obligor's
health plan upon receipt of an order or notice for health
insurance, unless the obligor contests the enrollment. The
obligor may contest the enrollment on the limited grounds that
the enrollment is improper due to mistake of fact or that the
enrollment meets the requirements of section 518.64, subdivision
2. If the obligor chooses to contest the enrollment, the
obligor must do so no later than 15 days after the employer
notifies the obligor of the enrollment, by doing all of the
following:
(1) filing a request for contested hearing according to
section 518.5511, subdivision 3a 484.702;
(2) serving a copy of the request for contested hearing
upon the public authority and the obligee; and
(3) securing a date for the contested hearing no later than
45 days after the notice of enrollment.
(b) The enrollment must remain in place during the time
period in which the obligor contests the withholding.
An employer or union that is included under ERISA may not deny
enrollment based on exclusionary clauses described in section
62A.048. Upon application of the obligor according to the order
or notice, the employer or union and its health and dental
insurance plan shall enroll the minor child as a beneficiary in
the group insurance plan and withhold any required premium from
the obligor's income or wages. If more than one plan is offered
by the employer or union, the child shall be enrolled in the
least costly health insurance plan otherwise available to the
obligor that is comparable to a number two qualified plan. If
the obligor is not enrolled in a health insurance plan, the
employer or union shall also enroll the obligor in the chosen
plan if enrollment of the obligor is necessary in order to
obtain dependent coverage under the plan. Enrollment of
dependents and the obligor shall be immediate and not dependent
upon open enrollment periods. Enrollment is not subject to the
underwriting policies described in section 62A.048.
(c) An employer or union that willfully fails to comply
with the order is liable for any health or dental expenses
incurred by the dependents during the period of time the
dependents were eligible to be enrolled in the insurance
program, and for any other premium costs incurred because the
employer or union willfully failed to comply with the order. An
employer or union that fails to comply with the order is subject
to contempt under section 518.615 and is also subject to a fine
of $500 to be paid to the obligee or public authority. Fines
paid to the public authority are designated for child support
enforcement services.
(d) Failure of the obligor to execute any documents
necessary to enroll the dependent in the group health and dental
insurance plan will not affect the obligation of the employer or
union and group health and dental insurance plan to enroll the
dependent in a plan. Information and authorization provided by
the public authority responsible for child support enforcement,
or by the custodial parent or guardian, is valid for the
purposes of meeting enrollment requirements of the health plan.
The insurance coverage for a child eligible under subdivision 5
shall not be terminated except as authorized in subdivision 5.
Sec. 9. Minnesota Statutes 1998, section 518.551,
subdivision 12, is amended to read:
Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon
motion of an obligee, if the court finds that the obligor is or
may be licensed by a licensing board listed in section 214.01 or
other state, county, or municipal agency or board that issues an
occupational license and the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments and is not in
compliance with a written payment agreement regarding both
current support and arrearages approved by the court, an
administrative law judge, a child support magistrate, or the
public authority, the administrative law judge, or the court
shall direct the licensing board or other licensing agency to
suspend the license under section 214.101. The court's order
must be stayed for 90 days in order to allow the obligor to
execute a written payment agreement regarding both current
support and arrearages. The payment agreement must be approved
by either the court or the public authority responsible for
child support enforcement. If the obligor has not executed or
is not in compliance with a written payment agreement regarding
both current support and arrearages after the 90 days expires,
the court's order becomes effective. If the obligor is a
licensed attorney, the court shall report the matter to the
lawyers professional responsibility board for appropriate action
in accordance with the rules of professional conduct. The
remedy under this subdivision is in addition to any other
enforcement remedy available to the court.
(b) If a public authority responsible for child support
enforcement finds that the obligor is or may be licensed by a
licensing board listed in section 214.01 or other state, county,
or municipal agency or board that issues an occupational license
and the obligor is in arrears in court-ordered child support or
maintenance payments or both in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments and is not in compliance with a written
payment agreement regarding both current support and arrearages
approved by the court, an administrative law judge, a child
support magistrate, or the public authority, the court, an
administrative law judge, or the public authority shall direct
the licensing board or other licensing agency to suspend the
license under section 214.101. If the obligor is a licensed
attorney, the public authority may report the matter to the
lawyers professional responsibility board for appropriate action
in accordance with the rules of professional conduct. The
remedy under this subdivision is in addition to any other
enforcement remedy available to the public authority.
(c) At least 90 days before notifying a licensing authority
or the lawyers professional responsibility board under paragraph
(b), the public authority shall mail a written notice to the
license holder addressed to the license holder's last known
address that the public authority intends to seek license
suspension under this subdivision and that the license holder
must request a hearing within 30 days in order to contest the
suspension. If the license holder makes a written request for a
hearing within 30 days of the date of the notice, either a court
hearing or a contested administrative proceeding or a hearing
under section 484.702 must be held under section 518.5511,
subdivision 4. Notwithstanding any law to the contrary, the
license holder must be served with 14 days' notice in writing
specifying the time and place of the hearing and the allegations
against the license holder. The notice may be served personally
or by mail. If the public authority does not receive a request
for a hearing within 30 days of the date of the notice, and the
obligor does not execute a written payment agreement regarding
both current support and arrearages approved by the public
authority within 90 days of the date of the notice, the public
authority shall direct the licensing board or other licensing
agency to suspend the obligor's license under paragraph (b), or
shall report the matter to the lawyers professional
responsibility board.
(d) The administrative law judge, on behalf of The public
authority, or the court shall notify the lawyers professional
responsibility board for appropriate action in accordance with
the rules of professional responsibility conduct or order the
licensing board or licensing agency to suspend the license if
the judge finds that:
(1) the person is licensed by a licensing board or other
state agency that issues an occupational license;
(2) the person has not made full payment of arrearages
found to be due by the public authority; and
(3) the person has not executed or is not in compliance
with a payment plan approved by the court, an administrative law
judge, a child support magistrate, or the public authority.
(e) Within 15 days of the date on which the obligor either
makes full payment of arrearages found to be due by the court or
public authority or executes and initiates good faith compliance
with a written payment plan approved by the court, an
administrative law judge, a child support magistrate, or the
public authority, the court, an administrative law judge, a
child support magistrate, or the public authority responsible
for child support enforcement shall notify the licensing board
or licensing agency or the lawyers professional responsibility
board that the obligor is no longer ineligible for license
issuance, reinstatement, or renewal under this subdivision.
(f) In addition to the criteria established under this
section for the suspension of an obligor's occupational license,
a court, an administrative law judge, a child support
magistrate, or the public authority may direct the licensing
board or other licensing agency to suspend the license of a
party who has failed, after receiving notice, to comply with a
subpoena relating to a paternity or child support proceeding.
Notice to an obligor of intent to suspend must be served by
first class mail at the obligor's last known address. The
notice must inform the obligor of the right to request a
hearing. If the obligor makes a written request within ten days
of the date of the hearing, a contested administrative
proceeding hearing must be held under section 518.5511,
subdivision 4. At the hearing, the only issues to be considered
are mistake of fact and whether the obligor received the
subpoena.
(g) The license of an obligor who fails to remain in
compliance with an approved payment agreement may be suspended.
Notice to the obligor of an intent to suspend under this
paragraph must be served by first class mail at the obligor's
last known address and must include a notice of hearing. The
notice must be served upon the obligor not less than ten days
before the date of the hearing. If the obligor appears at the
hearing and the judge determines that the obligor has failed to
comply with an approved payment agreement, the judge shall
notify the occupational licensing board or agency to suspend the
obligor's license under paragraph (c). If the obligor fails to
appear at the hearing, the public authority may notify the
occupational or licensing board to suspend the obligor's license
under paragraph (c).
Sec. 10. Minnesota Statutes 1998, section 518.551,
subdivision 13, is amended to read:
Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion
of an obligee, which has been properly served on the obligor and
upon which there has been an opportunity for hearing, if a court
finds that the obligor has been or may be issued a driver's
license by the commissioner of public safety and the obligor is
in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than three
times the obligor's total monthly support and maintenance
payments and is not in compliance with a written payment
agreement regarding both current support and arrearages approved
by the court, an administrative law judge, a child support
magistrate, or the public authority, the court shall order the
commissioner of public safety to suspend the obligor's driver's
license. The court's order must be stayed for 90 days in order
to allow the obligor to execute a written payment agreement
regarding both current support and arrearages, which payment
agreement must be approved by either the court or the public
authority responsible for child support enforcement. If the
obligor has not executed or is not in compliance with a written
payment agreement regarding both current support and arrearages
after the 90 days expires, the court's order becomes effective
and the commissioner of public safety shall suspend the
obligor's driver's license. The remedy under this subdivision
is in addition to any other enforcement remedy available to the
court. An obligee may not bring a motion under this paragraph
within 12 months of a denial of a previous motion under this
paragraph.
(b) If a public authority responsible for child support
enforcement determines that the obligor has been or may be
issued a driver's license by the commissioner of public safety
and the obligor is in arrears in court-ordered child support or
maintenance payments or both in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments and not in compliance with a written
payment agreement regarding both current support and arrearages
approved by the court, an administrative law judge, a child
support magistrate, or the public authority, the public
authority shall direct the commissioner of public safety to
suspend the obligor's driver's license. The remedy under this
subdivision is in addition to any other enforcement remedy
available to the public authority.
(c) At least 90 days prior to notifying the commissioner of
public safety according to paragraph (b), the public authority
must mail a written notice to the obligor at the obligor's last
known address, that it intends to seek suspension of the
obligor's driver's license and that the obligor must request a
hearing within 30 days in order to contest the suspension. If
the obligor makes a written request for a hearing within 30 days
of the date of the notice, either a court hearing or a contested
administrative proceeding must be held under section 518.5511,
subdivision 4. Notwithstanding any law to the contrary, the
obligor must be served with 14 days' notice in writing
specifying the time and place of the hearing and the allegations
against the obligor. The notice may be served personally or by
mail. If the public authority does not receive a request for a
hearing within 30 days of the date of the notice, and the
obligor does not execute a written payment agreement regarding
both current support and arrearages approved by the public
authority within 90 days of the date of the notice, the public
authority shall direct the commissioner of public safety to
suspend the obligor's driver's license under paragraph (b).
(d) At a hearing requested by the obligor under paragraph
(c), and on finding that the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments, the district
court or the administrative law judge or child support
magistrate shall order the commissioner of public safety to
suspend the obligor's driver's license or operating privileges
unless the court or administrative law judge child support
magistrate determines that the obligor has executed and is in
compliance with a written payment agreement regarding both
current support and arrearages approved by the court, an
administrative law judge, a child support magistrate, or the
public authority.
(e) An obligor whose driver's license or operating
privileges are suspended may provide proof to the public
authority responsible for child support enforcement that the
obligor is in compliance with all written payment agreements
regarding both current support and arrearages. Within 15 days
of the receipt of that proof, the public authority shall inform
the commissioner of public safety that the obligor's driver's
license or operating privileges should no longer be suspended.
(f) On January 15, 1997, and every two years after that,
the commissioner of human services shall submit a report to the
legislature that identifies the following information relevant
to the implementation of this section:
(1) the number of child support obligors notified of an
intent to suspend a driver's license;
(2) the amount collected in payments from the child support
obligors notified of an intent to suspend a driver's license;
(3) the number of cases paid in full and payment agreements
executed in response to notification of an intent to suspend a
driver's license;
(4) the number of cases in which there has been
notification and no payments or payment agreements;
(5) the number of driver's licenses suspended; and
(6) the cost of implementation and operation of the
requirements of this section.
(g) In addition to the criteria established under this
section for the suspension of an obligor's driver's license, a
court, an administrative law judge, a child support magistrate,
or the public authority may direct the commissioner of public
safety to suspend the license of a party who has failed, after
receiving notice, to comply with a subpoena relating to a
paternity or child support proceeding. Notice to an obligor of
intent to suspend must be served by first class mail at the
obligor's last known address. The notice must inform the
obligor of the right to request a hearing. If the obligor makes
a written request within ten days of the date of the hearing,
a contested administrative proceeding must be held under section
518.5511, subdivision 4 hearing must be held. At the hearing,
the only issues to be considered are mistake of fact and whether
the obligor received the subpoena.
(h) The license of an obligor who fails to remain in
compliance with an approved payment agreement may be suspended.
Notice to the obligor of an intent to suspend under this
paragraph must be served by first class mail at the obligor's
last known address and must include a notice of hearing. The
notice must be served upon the obligor not less than ten days
before the date of the hearing. If the obligor appears at the
hearing and the judge determines that the obligor has failed to
comply with an approved payment agreement, the judge shall
notify the department of public safety to suspend the obligor's
license under paragraph (c). If the obligor fails to appear at
the hearing, the public authority may notify the department of
public safety to suspend the obligor's license under paragraph
(c).
Sec. 11. Minnesota Statutes 1998, section 518.551,
subdivision 14, is amended to read:
Subd. 14. [MOTOR VEHICLE LIEN.] (a) Upon motion of an
obligee, if a court finds that the obligor is a debtor for a
judgment debt resulting from nonpayment of court-ordered child
support or maintenance payments, or both, in an amount equal to
or greater than three times the obligor's total monthly support
and maintenance payments, the court shall order the commissioner
of public safety to enter a lien in the name of the obligee or
in the name of the state of Minnesota, as appropriate, in
accordance with section 168A.05, subdivision 8, unless the court
finds that the obligor is in compliance with a written payment
agreement regarding both current support and arrearages approved
by the court, an administrative law judge, a child support
magistrate, or the public authority. The court's order must be
stayed for 90 days in order to allow the obligor to execute a
written payment agreement regarding both current support and
arrearages, which agreement shall be approved by either the
court or the public authority responsible for child support
enforcement. If the obligor has not executed or is not in
compliance with a written payment agreement regarding both
current support and arrearages approved by the court, an
administrative law judge, a child support magistrate, or the
public authority within the 90-day period, the court's order
becomes effective and the commissioner of public safety shall
record the lien on any motor vehicle certificate of title
subsequently issued in the name of the obligor. The remedy
under this subdivision is in addition to any other enforcement
remedy available to the court.
(b) If a public authority responsible for child support
enforcement determines that the obligor is a debtor for judgment
debt resulting from nonpayment of court-ordered child support or
maintenance payments, or both, in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments, the public authority shall direct the
commissioner of public safety to enter a lien in the name of the
obligee or in the name of the state of Minnesota, as
appropriate, under section 168A.05, subdivision 8, on any motor
vehicle certificate of title subsequently issued in the name of
the obligor unless the public authority determines that the
obligor is in compliance with a written payment agreement
regarding both current support and arrearages approved by the
court, an administrative law judge, a child support magistrate,
or the public authority. The remedy under this subdivision is
in addition to any other enforcement remedy available to the
public agency.
(c) At least 90 days prior to notifying the commissioner of
public safety pursuant to paragraph (b), the public authority
must mail a written notice to the obligor at the obligor's last
known address, that it intends to record a lien on any motor
vehicle certificate of title subsequently issued in the name of
the obligor and that the obligor must request a hearing within
30 days in order to contest the action. If the obligor makes a
written request for a hearing within 30 days of the date of the
notice, either a court hearing or a contested administrative
proceeding must be held under section 518.5511, subdivision 4.
Notwithstanding any law to the contrary, the obligor must be
served with 14 days' notice in writing specifying the time and
place of the hearing and the allegations against the obligor.
The notice may be served personally or by mail. If the public
authority does not receive a request for a hearing within 30
days of the date of the notice and the obligor does not execute
or is not in compliance with a written payment agreement
regarding both current support and arrearages approved by the
public authority within 90 days of the date of the notice, the
public authority shall direct the commissioner of public safety
to record the lien under paragraph (b).
(d) At a hearing requested by the obligor under paragraph
(c), and on finding that the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments, the district
court or the administrative law judge child support magistrate
shall order the commissioner of public safety to record the lien
unless the court or administrative law judge child support
magistrate determines that the obligor has executed and is in
compliance with a written payment agreement regarding both
current support and arrearages determined to be acceptable by
the court, an administrative law judge, a child support
magistrate, or the public authority.
(e) An obligor may provide proof to the court or the public
authority responsible for child support enforcement that the
obligor is in compliance with all written payment agreements
regarding both current support and arrearages or that the value
of the motor vehicle is less than the exemption provided under
section 550.37. Within 15 days of the receipt of that proof,
the court or public authority shall either execute a release of
security interest under section 168A.20, subdivision 4, and mail
or deliver the release to the owner or other authorized person
or shall direct the commissioner of public safety not to enter a
lien on any motor vehicle certificate of title subsequently
issued in the name of the obligor in instances where a lien has
not yet been entered.
(f) Any lien recorded against a motor vehicle certificate
of title under this section and section 168A.05, subdivision 8,
attaches only to the nonexempt value of the motor vehicle as
determined in accordance with section 550.37. The value of a
motor vehicle must be determined in accordance with the retail
value described in the N.A.D.A. Official Used Car Guide, Midwest
Edition, for the current year, or in accordance with the
purchase price as defined in section 297B.01, subdivision 8.
Sec. 12. Minnesota Statutes 1998, section 518.553, is
amended to read:
518.553 [PAYMENT AGREEMENTS.]
In proposing or approving proposed written payment
agreements for purposes of section 518.551, the court, an
administrative law judge a child support magistrate, or the
public authority shall take into consideration the amount of the
arrearages, the amount of the current support order, any pending
request for modification, and the earnings of the obligor. The
court, administrative law judge child support magistrate, or
public authority shall consider the individual financial
circumstances of each obligor in evaluating the obligor's
ability to pay any proposed payment agreement and shall propose
a reasonable payment agreement tailored to the individual
financial circumstances of each obligor.
Sec. 13. Minnesota Statutes 1998, section 518.575,
subdivision 1, is amended to read:
Subdivision 1. [MAKING NAMES PUBLIC.] At least once each
year, the commissioner of human services, in consultation with
the attorney general, shall publish a list of the names and
other identifying information of no more than 25 persons who (1)
are child support obligors, (2) are at least $10,000 in arrears,
(3) are not in compliance with a written payment agreement
regarding both current support and arrearages approved by the
court, an administrative law judge, a child support magistrate,
or the public authority, (4) cannot currently be located by the
public authority for the purposes of enforcing a support order,
and (5) have not made a support payment except tax intercept
payments, in the preceding 12 months.
Identifying information may include the obligor's name,
last known address, amount owed, date of birth, photograph, the
number of children for whom support is owed, and any additional
information about the obligor that would assist in identifying
or locating the obligor. The commissioner and attorney general
may use posters, media presentations, electronic technology, and
other means that the commissioner and attorney general determine
are appropriate for dissemination of the information, including
publication on the Internet. The commissioner and attorney
general may make any or all of the identifying information
regarding these persons public. Information regarding an
obligor who meets the criteria in this subdivision will only be
made public subsequent to that person's selection by the
commissioner and attorney general.
Before making public the name of the obligor, the
department of human services shall send a notice to the
obligor's last known address which states the department's
intention to make public information on the obligor. The notice
must also provide an opportunity to have the obligor's name
removed from the list by paying the arrearage or by entering
into an agreement to pay the arrearage, or by providing
information to the public authority that there is good cause not
to make the information public. The notice must include the
final date when the payment or agreement can be accepted.
The department of human services shall obtain the written
consent of the obligee to make the name of the obligor public.
Sec. 14. Minnesota Statutes 1998, section 518.5853,
subdivision 6, is amended to read:
Subd. 6. [TRANSMITTAL OF ORDER TO THE LOCAL AGENCY BY THE
TRIBUNAL.] The tribunal shall transmit a copy of the order
establishing or modifying the payment, and a copy of the
automatic income withholding order, to the local child support
agency within two working days of the approval of the order by
the judge or administrative law judge child support magistrate
or other person or entity authorized to sign the automatic
withholding order.
Sec. 15. Minnesota Statutes 1998, section 518.6111,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] This section applies to all
support orders issued by a court or an administrative tribunal
and orders for or notices of withholding issued by the public
authority according to section 518.5512, subdivision 5,
paragraph (a), clause (4) 518.5513, subdivision 6, paragraph
(a), clause (5).
Sec. 16. Minnesota Statutes 1998, section 518.6111,
subdivision 7, is amended to read:
Subd. 7. [SUBSEQUENT INCOME WITHHOLDING.] (a) This
subdivision applies to support orders that do not contain
provisions for income withholding.
(b) For cases in which the public authority is providing
child support enforcement services to the parties, the income
withholding under this subdivision shall take effect without
prior judicial notice to the obligor and without the need for
judicial or administrative hearing. Withholding shall result
when:
(1) the obligor requests it in writing to the public
authority;
(2) the obligee or obligor serves on the public authority a
copy of the notice of income withholding, a copy of the court's
order, an application, and the fee to use the public authority's
collection services; or
(3) the public authority commences withholding according to
section 518.5512, subdivision 5, paragraph (a), clause
(4) 518.5513, subdivision 6, paragraph (a), clause (5).
(c) For cases in which the public authority is not
providing child support services to the parties, income
withholding under this subdivision shall take effect when an
obligee requests it by making a written motion to the court and
the court finds that previous support has not been paid on a
timely consistent basis or that the obligor has threatened
expressly or otherwise to stop or reduce payments.
(d) Within two days after the public authority commences
withholding under this subdivision, the public authority shall
send to the obligor at the obligor's last known address, notice
that withholding has commenced. The notice shall include the
information provided to the payor of funds in the notice of
withholding.
Sec. 17. Minnesota Statutes 1998, section 518.6111,
subdivision 8, is amended to read:
Subd. 8. [CONTEST.] (a) The obligor may contest
withholding under subdivision 7 on the limited grounds that the
withholding or the amount withheld is improper due to mistake of
fact. If the obligor chooses to contest the withholding, the
obligor must do so no later than 15 days after the employer
commences withholding, by doing all of the following:
(1) file a request for contested hearing according to
section 518.5511, subdivision 3a an expedited child support
hearing under section 484.702, and include in the request the
alleged mistake of fact;
(2) serve a copy of the request for contested hearing upon
the public authority and the obligee; and
(3) secure a date for the contested hearing no later than
45 days after receiving notice that withholding has commenced.
(b) The income withholding must remain in place while the
obligor contests the withholding.
(c) If the court finds a mistake in the amount of the
arrearage to be withheld, the court shall continue the income
withholding, but it shall correct the amount of the arrearage to
be withheld.
Sec. 18. Minnesota Statutes 1998, section 518.6111,
subdivision 14, is amended to read:
Subd. 14. [TERMINATION BY THE PUBLIC AUTHORITY.] If the
public authority determines that income withholding is no longer
applicable, the public authority shall notify the obligee and
the obligor of intent to terminate income withholding.
Five days following notification to the obligee and
obligor, the public authority shall issue a notice to the payor
of funds terminating income withholding, without a requirement
for a court order unless the obligee has requested a contested
hearing under section 518.5511, subdivision 3a an expedited
child support hearing under section 484.702.
Sec. 19. Minnesota Statutes 1998, section 518.616,
subdivision 1, is amended to read:
Subdivision 1. [COURT ORDER.] For any support order being
enforced by the public authority, the public authority may seek
a court order requiring the obligor to seek employment if:
(1) employment of the obligor cannot be verified;
(2) the obligor is in arrears in court-ordered child
support or maintenance payments or both in an amount equal to or
greater than three times the obligor's total monthly support and
maintenance payments; and
(3) the obligor is not in compliance with a written payment
plan.
Upon proper notice being given to the obligor, the court
may enter a seek employment order if it finds that the obligor
has not provided proof of gainful employment and has not
consented to an order for income withholding under section
518.6111 or entered into a written payment plan approved by the
court, an administrative law judge, a child support magistrate,
or the public authority.
Sec. 20. Minnesota Statutes 1998, section 518.617,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS.] If a person against whom an
order or decree for support has been entered under this chapter,
chapter 256, or a comparable law from another jurisdiction, is
in arrears in court-ordered child support or maintenance
payments in an amount equal to or greater than three times the
obligor's total monthly support and maintenance payments and is
not in compliance with a written payment plan approved by the
court, an administrative law judge a child support magistrate,
or the public authority, the person may be cited and punished by
the court for contempt under section 518.64, chapter 588, or
this section. Failure to comply with a seek employment order
entered under section 518.616 is evidence of willful failure to
pay support.
Sec. 21. Minnesota Statutes 1998, section 518.641,
subdivision 2, is amended to read:
Subd. 2. [CONDITIONS.] No adjustment under this section
may be made unless the order provides for it and until the
following conditions are met:
(a) the obligee serves notice of the application for
adjustment by mail on the obligor at the obligor's last known
address at least 20 days before the effective date of the
adjustment;
(b) the notice to the obligor informs the obligor of the
date on which the adjustment in payments will become effective;
(c) after receipt of notice and before the effective day of
the adjustment, the obligor fails to request a hearing on the
issue of whether the adjustment should take effect, and ex
parte, to stay imposition of the adjustment pending outcome of
the hearing; or
(d) the public authority sends notice of its application
for adjustment to the obligor at the obligor's last known
address at least 20 days before the effective date of the
adjustment, and the notice informs the obligor of the date on
which the adjustment will become effective and the procedures
for contesting the adjustment according to section 518.5512
484.702.
Sec. 22. Minnesota Statutes 1998, section 552.05,
subdivision 4, is amended to read:
Subd. 4. [PROCESS TO REQUEST HEARING.] If the judgment
debtor elects to request a hearing on any issue specified in
subdivision 6, the judgment debtor shall complete the applicable
portion of the exemption and right to hearing notice, sign it
under penalty of perjury, and deliver one copy to the public
authority within 14 days of the date postmarked on the
correspondence mailed to the judgment debtor containing the
exemption and right to hearing notice. Upon timely receipt of a
request for hearing, funds not claimed to be exempt by the
judgment debtor remain subject to the execution levy. Within
seven days after the date postmarked on the envelope containing
the executed request for hearing mailed to the public authority,
or the date of personal delivery of the executed request for
hearing to the public authority, the public authority shall
either notify the financial institution to release the exempt
portion of the funds to the judgment debtor or schedule a
contested administrative proceeding under section 518.5511 an
expedited child support hearing under section 484.702 and notify
the judgment debtor of the time and place of the scheduled
hearing.
Sec. 23. Minnesota Statutes 1998, section 552.05,
subdivision 5, is amended to read:
Subd. 5. [DUTIES OF PUBLIC AUTHORITY IF HEARING IS
REQUESTED.] Within seven days of the receipt of a request for
hearing or a claim of exemption to which the public authority
does not consent, the public authority shall schedule a
contested administrative proceeding under section 518.5511 an
expedited child support hearing under section 484.702. The
hearing must be scheduled to occur within five business days.
The public authority shall send written notice of the hearing
date, time, and place to the judgment debtor by first class
mail. The hearing may be conducted by telephone, audiovisual
means or other electronic means, at the discretion of the
administrative law judge. If the hearing is to be conducted by
telephone, audiovisual means, or other electronic means, the
public authority shall provide reasonable assistance to the
judgment debtor to facilitate the submission of all necessary
documentary evidence to the administrative law judge, including
access to the public authority's facsimile transmission machine.
Sec. 24. [REPEALER.]
Minnesota Statutes 1998, sections 518.5511; and 518.5512,
are repealed.
Sec. 25. [EFFECTIVE DATE; APPLICATION.]
This act is effective July 1, 1999.
Presented to the governor May 21, 1999
Signed by the governor May 24, 1999, 9:47 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes