2005 Minnesota Statutes

     211B.33 Prima facie review. 

    Subdivision 1.    Time for review.  The chief 
 administrative law judge must randomly assign an administrative 
 law judge to review the complaint.  Within one business day 
 after the complaint was filed with the office, when practicable, 
 but never longer than three business days, the administrative 
 law judge must make a preliminary determination for its 
 disposition. 

    Subd. 2.    Recommendation.  (a) If the administrative 
 law judge determines that the complaint does not set forth a 
 prima facie violation of chapter 211A or 211B, the 
 administrative law judge must dismiss the complaint.  

    (b) If the administrative law judge determines that the 
 complaint sets forth a prima facie violation of section 211B.06 
 and was filed within 60 days before the primary or special 
 election or within 90 days before the general election to which 
 the complaint relates, the administrative law judge must conduct 
 an expedited probable cause hearing under section 211B.34. 

    (c) If the administrative law judge determines that the 
 complaint sets forth a prima facie violation of a provision of 
 chapter 211A or 211B, other than section 211B.06, and that the 
 complaint was filed within 60 days before the primary or special 
 election or within 90 days before the general election to which 
 the complaint relates, the administrative law judge, on request 
 of any party, must conduct an expedited probable cause hearing 
 under section 211B.34. 

    (d) If the administrative law judge determines that the 
 complaint sets forth a prima facie violation of chapter 211A or 
 211B, and was filed more than 60 days before the primary or 
 special election or more than 90 days before the general 
 election to which the complaint relates, the administrative law 
 judge must schedule an evidentiary hearing under section 211B.35.

    Subd. 3.    Notice to parties.  The office must notify 
 all parties of the determination made under subdivision 2.  If 
 the complaint is scheduled for hearing, the notice must identify 
 the time and place of the hearing and inform all parties that 
 they may submit evidence, affidavits, documentation, and 
 argument for consideration by the administrative law judge. 

    Subd. 4.    Joinder and separation of complaints.  The 
 chief administrative law judge may direct that two or more 
 complaints be joined for disposition if the chief administrative 
 law judge determines that the allegations in each complaint are 
 of the same or similar character, are based on the same act or 
 failure to act, or are based on two or more acts or failures to 
 act constituting parts of a common scheme or plan.  If one 
 complaint contains two or more allegations, the chief 
 administrative law judge may separate the allegations, if they 
 are not of the same or similar character, if they are not based 
 on the same act or failure to act, or if they are not based on 
 two or more acts or failures to act constituting parts of a 
 common scheme or plan.  If the chief administrative law judge 
 separates the allegations in a complaint, the assigned 
 administrative law judge or judges may make separate 
 recommendations under subdivision 2 for each allegation. 

    HIST: 2004 c 277 s 8