Minnesota Administrative Rules

1405.0400 ADMINISTRATIVE LAW JUDGES.

Subpart 1.

Request for assignment.

When the board desires to order a hearing under parts 1405.0200 to 1405.2800, it shall first file with the chief administrative law judge a request for assignment of an administrative law judge, together with a draft of the notice of hearing proposed to be published and served.

Subp. 2.

Assignment.

Within ten days of receipt of a request pursuant to subpart 1, the chief administrative law judge shall assign an administrative law judge to hear the case, and the administrative law judge shall advise the board as to the location at which and time during which a hearing should be held so as to allow for participation by all affected persons.

Subp. 3.

Duties.

Consistent with law, the administrative law judge shall perform the following duties:

A.

grant or deny motions for discovery or for the taking of depositions;

B.

receive and act upon requests for subpoenas;

C.

hear and rule on motions;

D.

preside at the hearing;

E.

administer oaths and affirmations;

F.

grant or deny continuances;

G.

examine witnesses on deeming it necessary;

H.

prepare findings of fact, conclusions, and recommendations;

I.

make preliminary, interlocutory, or other orders on deeming it appropriate; and

J.

do all things necessary and proper to the performance of the foregoing.

Statutory Authority:

MS s 116C.66; 216E.16

History:

L 1984 c 640 s 32; 17 SR 1279

Published Electronically:

August 21, 2007