214.10 COMPLAINT, INVESTIGATION, AND HEARING.
Subdivision 1. Receipt of complaint; notice.
The executive director or executive secretary
of a board, a board member or any other person who performs services for the board who receives
a complaint or other communication, whether oral or written, which complaint or communication
alleges or implies a violation of a statute or rule which the board is empowered to enforce, shall
promptly forward the substance of the communication on a form prepared by the attorney general
to the designee of the attorney general responsible for providing legal services to the board.
Before proceeding further with the communication, the designee of the attorney general may
require the complaining party to state the complaint in writing on a form prepared by the attorney
general. Complaints which relate to matters within the jurisdiction of another governmental
agency shall be forwarded to that agency by the executive director or executive secretary. An
officer of that agency shall advise the executive director or executive secretary of the disposition
of that complaint. A complaint received by another agency which relates to a statute or rule
which a licensing board is empowered to enforce shall be forwarded to the executive director or
executive secretary of the board to be processed in accordance with this section. No complaint
alleging a matter within the jurisdiction of the board shall be dismissed by a board unless at least
two board members have reviewed the matter. If a board makes a determination to investigate a
complaint, it shall notify a licensee who is the subject of an investigation that an investigation has
been initiated at a time when such notice will not compromise the investigation.
Subd. 2. Investigation and hearing.
The designee of the attorney general providing legal
services to a board shall evaluate the communications forwarded by the board or its members or
staff. If the communication alleges a violation of statute or rule which the board is to enforce,
the designee is empowered to investigate the facts alleged in the communication. In the process
of evaluation and investigation, the designee shall consult with or seek the assistance of the
executive director, executive secretary, or, if the board determines, a member of the board who has
been appointed by the board to assist the designee. The designee may also consult with or seek the
assistance of any other qualified persons who are not members of the board who the designee
believes will materially aid in the process of evaluation or investigation. The executive director,
executive secretary, or the consulted board member may attempt to correct improper activities
and redress grievances through education, conference, conciliation and persuasion, and in these
attempts may be assisted by the designee of the attorney general. If the attempts at correction
or redress do not produce satisfactory results in the opinion of the executive director, executive
secretary, or the consulted board member, or if after investigation the designee providing legal
services to the board, the executive director, executive secretary, or the consulted board member
believes that the communication and the investigation suggest illegal or unauthorized activities
warranting board action, the person having the belief shall inform the executive director or
executive secretary of the board who shall schedule a disciplinary hearing in accordance with
chapter 14. Before directing the holding of a disciplinary hearing, the executive director, executive
secretary, or the designee of the attorney general shall have considered the recommendations of
the consulted board member. Before scheduling a disciplinary hearing, the executive director or
executive secretary must have received a verified written complaint from the complaining party.
A board member who was consulted during the course of an investigation may participate at the
hearing but may not vote on any matter pertaining to the case. The executive director or executive
secretary of the board shall promptly inform the complaining party of the final disposition of the
complaint. Nothing in this section shall preclude the board from scheduling, on its own motion,
a disciplinary hearing based upon the findings or report of the board's executive director or
executive secretary, a board member or the designee of the attorney general assigned to the board.
Nothing in this section shall preclude a member of the board, executive director, or executive
secretary from initiating a complaint.
Subd. 2a. Proceedings.
A board shall initiate proceedings to suspend or revoke a license or
shall refuse to renew a license of a person licensed by the board who is convicted in a court of
competent jurisdiction of violating section
609.224, subdivision 2
, paragraph (c),
609.72, subdivision 3
Subd. 3. Discovery; subpoenas.
In all matters pending before it relating to its lawful
regulation activities, a board may issue subpoenas and compel the attendance of witnesses
and the production of all necessary papers, books, records, documents, and other evidentiary
material. Any person failing or refusing to appear or testify regarding any matter about which the
person may be lawfully questioned or produce any papers, books, records, documents, or other
evidentiary materials in the matter to be heard, after having been required by order of the board or
by a subpoena of the board to do so may, upon application to the district court in any district,
be ordered to comply therewith; provided that in matters to which the Peace Officers Standards
and Training Board is a party, application shall be made to the district court having jurisdiction
where the event giving rise to the matter occurred. The chair of the board acting on behalf of the
board may issue subpoenas and any board member may administer oaths to witnesses, or take
their affirmation. Depositions may be taken within or without the state in the manner provided by
law for the taking of depositions in civil actions. A subpoena or other process or paper may be
served upon any person named therein, anywhere within the state by any officer authorized to
serve subpoenas or other process or paper in civil actions, with the same fees and mileage and in
the same manner as prescribed by law for service of process issued out of the district court of this
state. Fees and mileage and other costs shall be paid as the board directs.
Subd. 4.[Repealed, 1993 c 326 art 7 s 22
Subd. 5.[Repealed, 1993 c 326 art 7 s 22
Subd. 6.[Repealed, 1993 c 326 art 7 s 22
Subd. 7.[Repealed, 1993 c 326 art 7 s 22
Subd. 8. Special requirements for health-related licensing boards.
In addition to the
provisions of this section that apply to all examining and licensing boards, the requirements in this
subdivision apply to all health-related licensing boards, except the Board of Veterinary Medicine.
(a) If the executive director or consulted board member determines that a communication
received alleges a violation of statute or rule that involves sexual contact with a patient or
client, the communication shall be forwarded to the designee of the attorney general for an
investigation of the facts alleged in the communication. If, after an investigation it is the opinion
of the executive director or consulted board member that there is sufficient evidence to justify
disciplinary action, the board shall conduct a disciplinary conference or hearing. If, after a hearing
or disciplinary conference the board determines that misconduct involving sexual contact with a
patient or client occurred, the board shall take disciplinary action. Notwithstanding subdivision 2,
a board may not attempt to correct improper activities or redress grievances through education,
conciliation, and persuasion, unless in the opinion of the executive director or consulted board
member there is insufficient evidence to justify disciplinary action. The board may settle a case by
stipulation prior to, or during, a hearing if the stipulation provides for disciplinary action.
(b) A board member who has a direct current or former financial connection or professional
relationship to a person who is the subject of board disciplinary activities must not participate in
board activities relating to that case.
(c) Each health-related licensing board shall establish procedures for exchanging information
with other Minnesota state boards, agencies, and departments responsible for regulating
health-related occupations, facilities, and programs, and for coordinating investigations involving
matters within the jurisdiction of more than one regulatory body. The procedures must provide for
the forwarding to other regulatory bodies of all information and evidence, including the results of
investigations, that are relevant to matters within that licensing body's regulatory jurisdiction.
Each health-related licensing board shall have access to any data of the Department of Human
Services relating to a person subject to the jurisdiction of the licensing board. The data shall have
the same classification under chapter 13, the Minnesota Government Data Practices Act, in the
hands of the agency receiving the data as it had in the hands of the Department of Human Services.
(d) Each health-related licensing board shall establish procedures for exchanging information
with other states regarding disciplinary actions against licensees. The procedures must provide for
the collection of information from other states about disciplinary actions taken against persons
who are licensed to practice in Minnesota or who have applied to be licensed in this state and the
dissemination of information to other states regarding disciplinary actions taken in Minnesota. In
addition to any authority in chapter 13 permitting the dissemination of data, the board may, in
its discretion, disseminate data to other states regardless of its classification under chapter 13.
Before transferring any data that is not public, the board shall obtain reasonable assurances from
the receiving state that the data will not be made public.
Subd. 9. Acts against minors.
(a) As used in this subdivision, the following terms have
the meanings given them.
(1) "Licensed person" means a person who is licensed under this chapter by the Board of
Nursing, the Board of Psychology, the Social Work Licensing Board, the Board of Marriage
and Family Therapy, the Board of Unlicensed Mental Health Service Providers, the Board of
Behavioral Health and Therapy, or the Board of Teaching.
(2) "Crime against a minor" means conduct that constitutes a violation of section
, or a felony violation of section
(b) In any license revocation proceeding, there is a rebuttable presumption that a licensed
person who is convicted in a court of competent jurisdiction of committing a crime against a
minor is unfit to practice the profession or occupation for which that person is licensed.
Subd. 10. Board of Peace Officers Standards and Training; receipt of complaint.
Notwithstanding the provisions of subdivision 1 to the contrary, when the executive director or
any member of the Board of Peace Officer Standards and Training produces or receives a written
statement or complaint that alleges a violation of a statute or rule that the board is empowered
to enforce, the executive director shall designate the appropriate law enforcement agency to
investigate the complaint and shall order it to conduct an inquiry into the complaint's allegations.
The investigating agency must complete the inquiry and submit a written summary of it to the
executive director within 30 days of the order for inquiry.
Subd. 11. Board of Peace Officers Standards and Training; reasonable grounds
(a) After the investigation is complete, the executive director shall convene
a three-member committee of the board to determine if the complaint constitutes reasonable
grounds to believe that a violation within the board's enforcement jurisdiction has occurred. At
least two members of the committee must be board members who are peace officers. No later
than 30 days before the committee meets, the executive director shall give the licensee who is
the subject of the complaint and the complainant written notice of the meeting. The executive
director shall also give the licensee a copy of the complaint. Before making its determination, the
committee shall give the complaining party and the licensee who is the subject of the complaint a
reasonable opportunity to be heard.
(b) The committee shall, by majority vote, after considering the information supplied by the
investigating agency and any additional information supplied by the complainant or the licensee
who is the subject of the complaint, take one of the following actions:
(1) find that reasonable grounds exist to believe that a violation within the board's
enforcement jurisdiction has occurred and order that an administrative hearing be held;
(2) decide that no further action is warranted; or
(3) continue the matter.
The executive director shall promptly give notice of the committee's action to the
complainant and the licensee.
(c) If the committee determines that a complaint does not relate to matters within its
enforcement jurisdiction but does relate to matters within another state or local agency's
enforcement jurisdiction, it shall refer the complaint to the appropriate agency for disposition.
Subd. 12. Board of Peace Officers Standards and Training; administrative hearing;
(a) Notwithstanding the provisions of subdivision 2 to the contrary, an
administrative hearing shall be held if ordered by the committee under subdivision 11, paragraph
(b). After the administrative hearing is held, the administrative law judge shall refer the matter to
the full board for final action.
(b) Before the board meets to take action on the matter and the executive director must notify
the complainant and the licensee who is the subject of the complaint. After the board meets, the
executive director must promptly notify these individuals and the chief law enforcement officer of
the agency employing the licensee of the board's disposition.
Subd. 13. Board of Peace Officers Standards and Training; definition.
As used in
subdivisions 10 to 12, "appropriate law enforcement agency" means the law enforcement agency
assigned by the executive director and the chair of the committee of the board convened under
History: 1976 c 222 s 5; 1977 c 326 s 10; 1979 c 117 s 1-5; 1981 c 310 s 15; 1982 c 424 s
130; 1985 c 247 s 22,23,25; 1986 c 444; 1987 c 384 art 2 s 1; 1988 c 557 s 5; 1991 c 265 art 9
s 62; 1993 c 326 art 7 s 4-7; 1995 c 164 s 33; 1995 c 229 art 4 s 10; 1Sp1997 c 3 s 25; 1999
c 227 s 22; 2000 c 284 s 7; 2003 c 118 s 21