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Minnesota Legislature

Office of the Revisor of Statutes

147.092 PROBABLE CAUSE HEARING; SEXUAL MISCONDUCT.
(a) In any contested case in which a violation of section 147.091, subdivision 1, paragraph
(t), is charged all parties shall be afforded an opportunity for a probable cause hearing before an
administrative law judge. The motion for a hearing must be made to the Office of Administrative
Hearings within 20 days of the filing date of the contested case and served upon the board upon
filing. Any hearing shall be held within 30 days of the motion. The administrative law judge
shall issue a decision within 20 days of completion of the probable cause hearing. If there is no
request for a hearing, the portion of the notice of and order for hearing relating to allegations of
sexual misconduct automatically becomes public.
(b) The scope of the probable cause hearing is confined to a review of the facts upon which
the complaint review committee of the board based its determination that there was a reasonable
belief that section 147.091, subdivision 1, paragraph (t), was violated. The administrative law
judge shall determine whether there is a sufficient showing of probable cause to believe the
licensee committed the violations listed in the notice of and order for hearing, and shall receive
evidence offered in support or opposition. Each party may cross-examine any witnesses produced
by the other. A finding of probable cause shall be based upon the entire record including reliable
hearsay in whole or in part and requires only a preponderance of the evidence. The burden of
proof rests with the board.
(c) Upon a showing of probable cause, that portion of the notice of and order for hearing filed
by the board that pertains to the allegations of sexual misconduct, including the factual allegations
that support the charge, become public data. In addition, the notice of and order for hearing may
be amended. A finding of no probable cause by the administrative law judge is grounds for
dismissal without prejudice. Nothing in this section shall prevent the board from reopening the
investigation or filing charges based on the same subject matter at a later date.
History: 1996 c 334 s 5