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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 16-H.F.No. 1036 
                  An act relating to state government; the Office of 
                  Administrative Hearings; providing state copies of 
                  Minnesota Rules to the office; regulating hearings and 
                  cases; providing rulemaking; assessing costs; amending 
                  Minnesota Statutes 2004, sections 14.47, subdivision 
                  8; 14.50; 14.51; 14.53; 14.62, subdivision 2a. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 14.47, 
        subdivision 8, is amended to read: 
           Subd. 8.  [SALES AND DISTRIBUTION OF COMPILATION.] Any 
        compilation, reissue, or supplement published by the revisor 
        shall be sold by the revisor for a reasonable fee and its 
        proceeds deposited in the general fund.  An agency shall 
        purchase from the revisor the number of copies of the 
        compilation or supplement needed by the agency.  The revisor 
        shall provide without charge copies of each edition of any 
        compilation, reissue, or supplement to the persons or bodies 
        listed in this subdivision.  Those copies must be marked with 
        the words "State Copy" and kept for the use of the office.  The 
        revisor shall distribute:  
           (a) 25 copies to the Office of the Attorney General; 
           (b) two copies to the leader of each caucus in the house of 
        representatives and the senate, two copies to the Legislative 
        Reference Library, and one copy each to the House of 
        Representatives Research Department and the Office of Senate 
        Counsel and Research; 
           (c) three copies to the revisor of statutes for 
        transmission to the Library of Congress for copyright and 
        depository purposes; 
           (d) 150 copies to the State Law Library; 
           (e) ten copies to the law school of the University of 
        Minnesota; and 
           (f) one copy of any compilation or supplement to each 
        county library maintained pursuant to section 134.12 upon its 
        request, except in counties containing cities of the first 
        class.  If a county has not established a county library 
        pursuant to section 134.12, the copy will be provided to any 
        public library in the county upon its request; and 
           (g) three copies to the Office of Administrative Hearings. 
           Sec. 2.  Minnesota Statutes 2004, section 14.50, is amended 
        to read: 
           14.50 [HEARINGS BEFORE ADMINISTRATIVE LAW JUDGE.] 
           All hearings of state agencies required to be conducted 
        under this chapter shall be conducted by an administrative law 
        judge assigned by the chief administrative law judge or by a 
        workers' compensation judge assigned by the chief administrative 
        law judge as provided in section 14.48.  All hearings required 
        to be conducted under chapter 176 shall be conducted by a 
        compensation judge assigned by the chief administrative law 
        judge or by an administrative law judge assigned by the chief 
        administrative law judge as provided in section 14.48.  In 
        assigning administrative law judges or compensation judges to 
        conduct such hearings, the chief administrative law judge shall 
        attempt to utilize personnel having expertise in the subject to 
        be dealt with in the hearing.  It shall be the duty of the judge 
        to:  (1) advise an agency as to the location at which and time 
        during which a hearing should be held so as to allow for 
        participation by all affected interests; (2) conduct only 
        hearings for which proper notice has been given; (3) see to it 
        that all hearings are conducted in a fair and impartial manner.  
        Except in the case of workers' compensation hearings involving 
        claims for compensation it shall also be the duty of the judge 
        to make a report on each proposed agency action in which the 
        administrative law judge functioned in an official capacity, 
        stating findings of fact and conclusions and recommendations, 
        taking notice of the degree to which the agency has (i) 
        documented its statutory authority to take the proposed action, 
        (ii) fulfilled all relevant substantive and procedural 
        requirements of law or rule, and (iii) in rulemaking 
        proceedings, demonstrated the need for and reasonableness of its 
        proposed action with an affirmative presentation of facts. 
           Sec. 3.  Minnesota Statutes 2004, section 14.51, is amended 
        to read: 
           14.51 [PROCEDURAL RULES.] 
           The chief administrative law judge shall adopt rules to 
        govern:  (1) the procedural conduct of all hearings, relating to 
        both rule adoption, amendment, suspension or repeal hearings, 
        contested case hearings, and workers' compensation hearings, and 
        to govern the conduct of voluntary mediation sessions for 
        rulemaking and contested cases other than those within the 
        jurisdiction of the Bureau of Mediation Services; and (2) the 
        review of rules adopted without a public hearing.  The chief 
        administrative law judge may adopt rules to govern the 
        procedural conduct of other hearings conducted by the Office of 
        Administrative Hearings.  The procedural rules shall be binding 
        upon all agencies and shall supersede any other agency 
        procedural rules with which they may be in conflict.  The 
        procedural rules shall include in addition to normal procedural 
        matters provisions relating to the procedure to be followed when 
        the proposed final rule of an agency is substantially different, 
        as determined under section 14.05, subdivision 2, from that 
        which was proposed.  The procedural rules shall establish a 
        procedure whereby the proposed final rule of an agency shall be 
        reviewed by the chief administrative law judge on the issue of 
        whether the proposed final rule of the agency is substantially 
        different than that which was proposed or failure of the agency 
        to meet the requirements of chapter 14.  The rules must also 
        provide:  (1) an expedited procedure, consistent with section 
        14.001, clauses (1) to (5), for the adoption of substantially 
        different rules by agencies; and (2) a procedure to allow an 
        agency to receive prior binding approval of its plan regarding 
        the additional notice contemplated under sections 14.101, 
        14.131, 14.14, 14.22, and 14.23.  Upon the chief administrative 
        law judge's own initiative or upon written request of an 
        interested party, the chief administrative law judge may issue a 
        subpoena for the attendance of a witness or the production of 
        books, papers, records or other documents as are material to the 
        any matter being heard by the Office of Administrative 
        Hearings.  The subpoenas shall be enforceable through the 
        district court in the district in which the subpoena is issued. 
           Sec. 4.  Minnesota Statutes 2004, section 14.53, is amended 
        to read: 
           14.53 [COSTS ASSESSED.] 
           In consultation with the commissioner of administration the 
        chief administrative law judge shall assess agencies the cost of 
        services rendered to them in the conduct of hearings.  Except as 
        otherwise specifically provided by statute, the chief 
        administrative law judge, in consultation with the commissioner 
        of finance, shall assess agencies the cost of services rendered 
        to them.  All agencies shall include in their budgets provisions 
        for such assessments. 
           Sec. 5.  Minnesota Statutes 2004, section 14.62, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [ADMINISTRATIVE LAW JUDGE DECISION FINAL; 
        EXCEPTION.] Unless otherwise provided by law, the report or 
        order of the administrative law judge constitutes the final 
        decision in the case unless the agency modifies or rejects it 
        under subdivision 1 within 90 days after the record of the 
        proceeding closes under section 14.61.  When the agency fails to 
        act within 90 days on a licensing case, the agency must return 
        the record of the proceeding to the administrative law judge for 
        consideration of disciplinary action.  In all contested cases 
        where the report or order of the administrative law judge 
        constitutes the final decision in the case, the administrative 
        law judge shall issue findings of fact, conclusions, and an 
        order within 90 days after the hearing record closes under 
        section 14.61.  Upon a showing of good cause by a party or the 
        agency, the chief administrative law judge may order a 
        reasonable extension of either of the two 90-day deadlines 
        specified in this subdivision. 
           Presented to the governor March 28, 2005 
           Signed by the governor March 31, 2005, 3:30 p.m.