Minnesota Administrative Rules

1420.3700 SANCTIONS.

Subpart 1.

Generally.

Failure to comply with the order of a judge, or the willful failure to comply with the applicable provisions of this chapter or other applicable law, may subject a party or attorney to any of the following sanctions:

A.

continuance of the proceeding;

B.

striking of pleadings;

C.

preclusion of evidence;

D.

evidence sought deemed proven, where a party fails to comply with an order compelling discovery;

E.

dismissal of proceedings;

F.

to pay the reasonable expenses, including attorney fees, incurred by the other parties due to failure to appear, prepare, or participate in good faith; or

G.

other sanction permitted by rule, statute, or case law, as the judge deems just or appropriate under the circumstances.

Subp. 2.

Procedures.

A motion to impose sanctions may be brought by a party under part 1420.2250 or upon the judge's own motion. An order for sanctions issued without a hearing is a summary decision under Minnesota Statutes, section 176.305, subdivision 1a.

Subp. 3.

Failure to appear or notify.

The petitioner must notify the office and other parties of settlement or other resolution of a conference or hearing immediately following resolution of the case. If the petitioner fails to provide notice of resolution and does not appear, and a court reporter, interpreter, or security guard appears, or the office incurs an expense to reserve a facility with video equipment, the office may impose a sanction of $150 or the reasonable fee charged by the court reporter, interpreter, security guard, or video facility if the fee is more than $150. A party seeking cancellation of a proceeding must take reasonable steps to notify the other parties of a late settlement, rescheduling, or other cancellation of a proceeding. If the party seeking cancellation fails to take reasonable steps to notify the other parties and a party makes an appearance, the office may impose a reasonable sanction payable to the appearing party to cover the expense incurred by the appearing party.

Statutory Authority:

MS s 14.51; 176.081; 176.155; 176.285; 176.312; 176.361; 176.83

History:

29 SR 1446

Published Electronically:

June 20, 2005