Minnesota Administrative Rules

7845.7000 DEFINITIONS.

Subpart 1.

Scope.

The terms used in parts 7845.7000 to 7845.7600 have the meanings given them in this part.

Subp. 2.

Decision-making personnel.

"Decision-making personnel" means the commission's executive secretary and professional staff, and consultants to the commission.

Subp. 3.

Disputed formal petition.

A "disputed formal petition" refers to a formal petition (1) filed with the commission, (2) for which a hearing is not automatically required, (3) for which the commission has received a written statement disputing the action or relief sought in the petition, and (4) on which the commission has ordered comments, written responses to comments, oral argument, negotiations, settlement conferences, a formal hearing, or other procedures it considers necessary or helpful to enable it to decide the petition. A petition ceases to be a "disputed formal petition" when the notice of dispute is withdrawn in writing or when the commission resolves the dispute by written order.

Subp. 4.

Ex parte communication.

"Ex parte communication" means an oral or written, off-the-record communication made to or by commissioners or commission decision-making personnel, without notice to parties or participants, that is directed to the merits or outcome of an on-the-record proceeding. This term does not include procedural, scheduling, and status inquiries or other inquiries or requests for information that have no bearing on the merits or the outcome of the proceeding.

Subp. 5.

Material issue.

"Material issue" means an issue that may affect the merits or outcome of an on-the-record proceeding.

Subp. 6.

[Renumbered Subp. 8]

Subp. 7.

Participant.

"Participant" means a person who files comments or appears in a proceeding, other than public hearings held in contested cases and other commission proceedings conducted to receive general public comments, to present views without becoming a party.

Subp. 8.

Party.

"Party" means a person by or against whom a proceeding before the commission is commenced or a person permitted to intervene in a proceeding before the commission. A party includes a petitioner, complainant, intervenor, applicant, and respondent, and their attorneys, agents, or representatives.

Statutory Authority:

MS s 216A.037

History:

11 SR 1743; 34 SR 902

Published Electronically:

January 5, 2010