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Minnesota Legislature

Office of the Revisor of Statutes

Service of papers and notices shall be by mail or otherwise as the commissioner or the chief
administrative law judge may by rule direct. Where service is by mail, service is effected at the
time mailed if properly addressed and stamped. If it is so mailed, it is presumed the paper or
notice reached the party to be served. However, a party may show by competent evidence that
that party did not receive it or that it had been delayed in transit for an unusual or unreasonable
period of time. In case of nonreceipt or delay, an allowance shall be made for the party's failure
to assert a right within the prescribed time.
Where service to the division, department, office, or court of appeals is by electronic filing,
digitized signatures may be used provided that the signature has been certified by the department
no later than five business days after filing. The department or court may adopt rules for the
certification of signatures.
When the electronic filing of a legal document with the department marks the beginning
of a prescribed time for another party to assert a right, the prescribed time for another party to
assert a right shall be lengthened by two calendar days when it can be shown that service to
the other party was by mail.
The commissioner and the chief administrative law judge shall ensure that proof of service of
all papers and notices served by their respective agencies is placed in the official file of the case.
History: 1953 c 755 s 43; 1973 c 388 s 87; 1983 c 290 s 143; 1984 c 640 s 32; 1995 c
231 art 2 s 96