414.12 Director's powers.
Subdivision 1. Alternative dispute resolution. (a) Notwithstanding anything to the contrary in sections 414.01 to 414.09, the director, upon consultation with affected parties and considering the procedures and principles established in sections 414.01 to 414.09, and Laws 1997, chapter 202, article 4, sections 1 to 13, may require that disputes over proposed boundary adjustments be resolved by means of alternative dispute resolution processes in place of hearings that would otherwise be required pursuant to sections 414.01 to 414.09, including those provided in chapter 14, in the execution of the director's duties under this chapter.
(b) Alternative dispute resolution processes that may be required include:
(3) another mediation and arbitration process ordered by the director.
Subd. 2. Delegation of authority. (a) The director may, with the agreement of the chief administrative law judge, delegate to the office of administrative hearings, in any individual case or group of cases, the director's authority and responsibility to conduct hearings and issue final orders related to the hearings under sections 414.01 to 414.09.
(b) In the case of detachment of lands from a municipality, if the parties do not agree to resolve a boundary adjustment matter by mediation or arbitration, then the case shall be referred to an administrative law judge to conduct hearings and issue final orders related to the hearings under sections 414.01 to 414.09.
Subd. 3. Cost of proceedings. (a) The parties to any matter directed to alternative dispute resolution under subdivision 1 or delegated to the Office of Administrative Hearings under subdivision 2 must pay the costs of the alternative dispute resolution process or hearing in the proportions that they agree to.
(b) Notwithstanding section 14.53 or other law, the office of strategic and long-range planning is not liable for the costs.
(c) If the parties do not agree to a division of the costs before the commencement of mediation, arbitration, or hearing, the costs must be allocated on an equitable basis by the mediator, arbitrator, or chief administrative law judge.
(d) The chief administrative law judge may contract with the parties to a matter directed or delegated to the Office of Administrative Hearings under subdivisions 1 and 2 for the purpose of providing administrative law judges and reporters for an administrative proceeding or alternative dispute resolution.
(e) The chief administrative law judge shall assess the cost of services rendered as provided by section 14.53.
Subd. 4. Parties. In this section, "party" means:
(1) a property owner, group of property owners, municipality, or township that files an initiating document or timely objection under this chapter;
(2) the municipality or township within which the subject area is located;
(3) a municipality abutting the subject area; and
(4) any other person, group of persons, or governmental agency residing in, owning property in, or exercising jurisdiction over the subject area that files with the director a notice of appearance within 14 days of publication of the notice required by section 414.09.
Official Publication of the State of Minnesota
Revisor of Statutes