Minnesota Administrative Rules

3050.2900 CONTRIBUTORY MISCONDUCT.

The board shall deny or reduce, by a minimum of 25 percent, any claim submitted by or on behalf of a person who the board finds has engaged in any of the following acts or behavior that contributed to the injury for which the claim is filed:

A.

used fighting words, obscene or threatening gestures, or other provocation, including use of gang or hate group hand signs, colors, symbols, or statements;

B.

knowingly and willingly been in a vehicle operated by a person who is under the influence of alcohol or a controlled substance;

C.

consumed alcohol or a controlled substance or other mood altering substances;

D.

unlawfully possessed a controlled substance;

E.

planned, conspired, or attempted to unlawfully use, procure, distribute, or sell a controlled substance;

F.

was a confirmed member or associate of a gang or hate group; or

G.

failed to retreat or withdraw from a situation where an option to do so was readily available.

Any of these provisions may be waived in cases of domestic abuse or sexual assault.

Statutory Authority:

MS s 611A.56; 611A.60

History:

13 SR 661; 23 SR 519; 31 SR 804

Published Electronically:

January 2, 2007