1998 Minnesota Statutes

     473.857 System statements; reconciliation procedures. 

    Subdivision 1.    Request for hearing.  If a local 
 governmental unit or school district and the council are unable 
 to resolve disagreements over the content of a system statement, 
 the unit or district may by resolution request that a hearing be 
 conducted by the advisory committee or by the state office of 
 administrative hearings for the purpose of considering 
 amendments to the system statement.  The request shall be made 
 by the unit or district within 60 days after receipt of the 
 system statement and shall be accompanied by a description of 
 the disagreement together with specified proposed amendments to 
 the system statement.  If no request for a hearing is received 
 by the council within 60 days, the statement shall be final. 

    Subd. 2.    Within 60 days; report.  A hearing shall be 
 conducted within 60 days after the request, provided that the 
 committee shall consolidate hearings on related requests. The 
 hearing shall not consider the need for or reasonableness of the 
 metropolitan system plans or parts thereof.  The hearing shall 
 afford all interested persons an opportunity to testify and 
 present evidence.  The advisory committee or administrative law 
 judge may employ the appropriate technical and professional 
 services of the office of dispute resolution for the purpose of 
 evaluating disputes of fact.  The proceedings shall not be 
 deemed a contested case.  Within 30 days after the hearing, the 
 committee or hearing examiner shall report to the council 
 respecting the proposed amendments to the system statements.  
 The report shall contain findings of fact, conclusions, and 
 recommendations and shall apportion the costs of the proceedings 
 among the parties. 

    Subd. 3.    Final determination.  Within 30 days of 
 receipt of the report, the council, by resolution containing 
 findings of fact and conclusions, shall make a final 
 determination respecting the proposed amendments.  At any point 
 in the reconciliation procedure established by this section, the 
 council and a local governmental unit or district may resolve 
 their disagreement by stipulation. 

    HIST: 1976 c 127 s 7; 1977 c 347 s 68; 1980 c 615 s 60; 1981 c 
 356 s 241; 1983 c 289 s 115 subd 1; 1984 c 640 s 32; 1987 c 312 
 art 1 s 26 subd 2; 1993 c 163 art 1 s 32