2006 Minnesota Statutes

214.04 SERVICES.
    Subdivision 1. Services provided. (a) The commissioner of administration with respect to
the Board of Electricity; the commissioner of education with respect to the Board of Teaching;
the commissioner of public safety with respect to the Board of Private Detective and Protective
Agent Services; the panel established pursuant to section 299A.465, subdivision 7; the Board
of Peace Officer Standards and Training; and the commissioner of revenue with respect to the
Board of Assessors, shall provide suitable offices and other space, joint conference and hearing
facilities, examination rooms, and the following administrative support services: purchasing
service, accounting service, advisory personnel services, consulting services relating to evaluation
procedures and techniques, data processing, duplicating, mailing services, automated printing
of license renewals, and such other similar services of a housekeeping nature as are generally
available to other agencies of state government. Investigative services shall be provided the
boards by employees of the Office of Attorney General. The commissioner of health with respect
to the health-related licensing boards shall provide mailing and office supply services and may
provide other facilities and services listed in this subdivision at a central location upon request of
the health-related licensing boards. The commissioner of commerce with respect to the remaining
non-health-related licensing boards shall provide the above facilities and services at a central
location for the remaining non-health-related licensing boards. The legal and investigative services
for the boards shall be provided by employees of the attorney general assigned to the departments
servicing the boards. Notwithstanding the foregoing, the attorney general shall not be precluded
by this section from assigning other attorneys to service a board if necessary in order to insure
competent and consistent legal representation. Persons providing legal and investigative services
shall to the extent practicable provide the services on a regular basis to the same board or boards.
(b) The requirements in paragraph (a) with respect to the panel established in section
299A.465, subdivision 7, expire July 1, 2008.
    Subd. 2. Costs. The health-related licensing boards and the non-health-related licensing
boards shall be required to provide compensation for the reasonable costs associated with
providing the services and staff required by subdivisions 1 and 3. Transfers of funds to the account
of the appropriate department as specified in subdivision 1 or the Office of Attorney General
shall be made on the first day of each quarter of the biennium for services furnished during the
preceding quarter, and all funds so transferred shall be deposited to the account of the appropriate
department or office.
    Subd. 2a. Performance of executive directors. The governor may request that a
health-related licensing board or the Emergency Medical Services Regulatory Board review the
performance of the board's executive director. Upon receipt of the request, the board must respond
by establishing a performance improvement plan or taking disciplinary or other corrective action,
including dismissal. The board shall include the governor's representative as a voting member of
the board in the board's discussions and decisions regarding the governor's request. The board
shall report to the governor on action taken by the board, including an explanation if no action
is deemed necessary.
    Subd. 3. Officers; staff. The executive director of each health-related board and the
executive secretary of each non-health-related board shall be the chief administrative officer for
the board but shall not be a member of the board. The executive director or executive secretary
shall maintain the records of the board, account for all fees received by it, supervise and direct
employees servicing the board, and perform other services as directed by the board. The executive
directors, executive secretaries, and other employees of the following boards shall be hired by
the board, and the executive directors or executive secretaries shall be in the unclassified civil
service, except as provided in this subdivision:
(1) Dentistry;
(2) Medical Practice;
(3) Nursing;
(4) Pharmacy;
(5) Accountancy;
(6) Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and
Interior Design;
(7) Barber Examiners;
(8) Cosmetology;
(9) Electricity;
(10) Teaching;
(11) Peace Officer Standards and Training;
(12) Social Work;
(13) Marriage and Family Therapy;
(14) Dietetics and Nutrition Practice; and
(15) Licensed Professional Counseling.
The executive directors or executive secretaries serving the boards are hired by those boards
and are in the unclassified civil service, except for part-time executive directors or executive
secretaries, who are not required to be in the unclassified service. Boards not requiring full-time
executive directors or executive secretaries may employ them on a part-time basis. To the extent
practicable, the sharing of part-time executive directors or executive secretaries by boards being
serviced by the same department is encouraged. Persons providing services to those boards
not listed in this subdivision, except executive directors or executive secretaries of the boards
and employees of the attorney general, are classified civil service employees of the department
servicing the board. To the extent practicable, the commissioner shall ensure that staff services are
shared by the boards being serviced by the department. If necessary, a board may hire part-time,
temporary employees to administer and grade examinations.
    Subd. 4. Joint rulemaking. Two or more health-related licensing boards or two or more
non-health-related licensing boards may hold joint rulemaking proceedings on proposed rules
relating to similar subject matters.
History: 1973 c 638 s 64; 1975 c 136 s 48; 1975 c 271 s 6; 1976 c 222 s 2,27; 1977 c 444 s
13,14; 1982 c 595 s 1; 1983 c 269 s 1; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1985 c
247 s 25; 1986 c 444; 1986 c 464 s 2; 1987 c 347 art 1 s 21; 1987 c 404 s 156; 1988 c 667 s 27;
1989 c 282 art 2 s 54; 1990 c 571 s 40; 1991 c 106 s 6; 1991 c 292 art 2 s 67; 1992 c 507 s 22;
1Sp1993 c 1 art 9 s 67; 1994 c 613 s 16; 1995 c 206 s 2; 1Sp1995 c 3 art 16 s 13; 2003 c 118 s
20; 2003 c 130 s 12; 2004 c 279 art 11 s 6; 2005 c 136 art 8 s 3