Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
7897.0210 REHEARING.
Subpart 1.
Limitations.
The commission may, upon request or its own motion and for good cause shown, reopen, rehear, and redetermine a contested case after a final decision has been reached adverse to a party to the contested case other than the commission. This right may be exercised until it is lost by appeal or until a reasonable time has run, but in no event shall the time exceed the time allowed by statute for appeal or six months, whichever is shorter.
Subp. 2.
Parties other than commission.
At any time prior to the commission's loss of the right to rehear a contested case, any party to that case may request a rehearing by filing a petition for rehearing. Such petition shall contain the name and address of the petitioner, the commission designation for the case, and the basis for the petition.
Subp. 3.
Commission's own motion.
The commission may, on its own motion, for good cause stated in the record, reopen, rehear, and redetermine a contested case if the decision was adverse to a party to that case other than the commission.
Subp. 4.
Default judgments.
A party against whom a default has been adjudged pursuant to part 1400.6000 may obtain a rehearing upon a timely showing of good cause for his or her failure to appear or plead.
Subp. 5.
Determination.
The commission shall grant or deny a petition for rehearing as a part of the record in the case. Such petition shall be granted if there appears on the face of the petition and the record irregularities in the proceedings, errors of law occurring during the proceedings, newly discovered material evidence, a lack of substantial evidence to support the decision, or good cause for failure to appear or plead. Evidence and argument may be presented at the discretion of the commission in written or oral form, or both, by any party to the contested case with respect to the petition.
Subp. 6.
Rehearing procedure.
A rehearing in a contested case shall be conducted in the same manner prescribed by the rules of the Office of Administrative Hearings.
Subp. 7.
Decision after rehearing.
The decision after rehearing shall be made in the same manner prescribed for the decision after the hearing.
History:
9 SR 2527
Published Electronically:
January 27, 2005
Official Publication of the State of Minnesota
Revisor of Statutes