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3525.4350 CONSOLIDATION OF CASES.

Subpart 1.

Standards for consolidation.

The hearing officer may consolidate two or more separate cases for hearing if the cases present substantially the same issues of fact and law, if the consolidation would save time and costs, and if consolidation would not prejudice any party.

Subp. 2.

Request for consolidation.

A party requesting consolidation must serve a written request for consolidation on all parties to the cases to be consolidated and must file the originals with the hearing officers assigned to the cases, together with a proof of service showing service as required herein. Any party objecting to the request must serve and file their objections within five calendar days following service of the request for consolidation.

Subp. 3.

Determination.

When more than one hearing officer is assigned to the cases that are the subject of the request for consolidation, the hearing officer assigned to the first case filed with the department will make the determination regarding consolidation.

Subp. 4.

Order.

Upon determining whether cases should be consolidated, the hearing officer must serve a written order on all parties and on the department. The order must contain information such as a description of the cases for consolidation, the reasons for the decision, and a notification of a consolidated prehearing conference if one is being scheduled.

Statutory Authority:

L 2003 1Sp9 art 3 s 19

History:

28 SR 1292

Published Electronically:

October 12, 2007

Official Publication of the State of Minnesota
Revisor of Statutes