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Minnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1. Complaint. Upon the complaint of any interested person or upon the director's
own initiative the director may investigate to determine if there has been a violation of the terms
of an apprentice agreement made under this chapter. The director may conduct such proceedings
as are necessary for that investigation and determination. All such proceedings shall be on a fair
and impartial basis and shall be conducted according to rules promulgated under section 178.041.
    Subd. 2. Determination; appeal. The determination of the director shall be filed with the
commissioner and written notice shall be served on all parties affected by it. Any person aggrieved
by any determination or action of the director may appeal to the commissioner. If no appeal is
filed with the commissioner within ten days of the date of service, the director's determination
shall become the order of the commissioner. If an appeal is filed, the commissioner shall appoint
and convene a hearing board to be composed of three members of the council, one member being
a representative of an employer organization, one representative being a member of an employee
organization, and one member representing the general public. The board shall hold a hearing on
the appeal after due notice to the interested parties and shall submit to the commissioner findings
of fact and a recommended decision accompanied by a memorandum of the reasons for it. Within
30 days after submission, the commissioner may adopt the recommended decision of the board, or
disregard the recommended decision of the board and prepare a decision based on the findings
of fact and accompanied by a memorandum of reasons for that decision. Written notice of the
commissioner's determination and order shall be served on all parties affected by it. Any person
aggrieved or affected by any determination or order of the commissioner may appeal from it to
the district court having jurisdiction at any time within 30 days after the date of the order by
service of a written notice of appeal on the commissioner. Upon service of the notice of appeal,
the commissioner shall file with the court administrator of the district court to which the appeal is
taken a certified copy of the order appealed from, together with findings of fact on which it is
based. The person serving a notice of appeal shall, within five days after its service, file it, with
proof of service, with the court administrator of the court to which the appeal is taken. The district
court shall then have jurisdiction over the appeal and it shall be entered in the records of the
district court and tried de novo according to the applicable rules. Any person aggrieved or affected
by any determination, order, or decision of the district court may appeal as in other civil cases.
History: (4260-39) 1939 c 363 s 9; Ex1967 c 1 s 6; 1974 c 144 s 9; 1983 c 247 s 76; 1986 c
444; 1Sp1986 c 3 art 1 s 82