2007 Minnesota Statutes

176.351 TESTIMONIAL POWERS.
    Subdivision 1. Oaths. The compensation judge to whom a petition has been assigned for
hearing shall administer an oath to each witness. The commissioner may also administer an oath
when required in the performance of duties.
    Subd. 2. Subpoenas. Acting with or without the written request of an interested party, the
commissioner or compensation judge before whom a hearing is held may issue a subpoena for the
attendance of a witness or the production of such books, papers, records and documents as are
material in the cause and are designated in the subpoena. The commissioner may also issue a
subpoena for the attendance of a witness or the production of such books, papers, records, and
documents as are material in the cause pending and are designated in the subpoena.
    Subd. 2a. Subpoenas not permitted. A member of the Rehabilitation Review Panel or
Medical Services Board or an employee of the department who has conducted an administrative
or settlement conference or hearing under section 176.106 or 176.239, shall not be subpoenaed to
testify regarding the conference, hearing, or concerning a mediation session. A member of the
Rehabilitation Review Panel, Medical Services Board, or an employee of the department may be
required to answer written interrogatories limited to the following questions:
(a) Were all statutory and administrative procedural rules adhered to in reaching the decision?
(b) If the answer to question (a) is no, what deviations took place?
(c) Did the person making the decision consider all the information presented prior to
rendering a decision?
(d) Did the person making the decision rely on information outside of the information
presented at the conference or hearing in making the decision?
(e) If the answer to question (d) is yes, what other information was relied upon in making the
decision?
In addition, for a hearing with a compensation judge and with the consent of the
compensation judge, an employee of the department who conducted an administrative conference,
hearing, or mediation session, may be requested to answer written interrogatories relating to
statements made by a party at the prior proceeding. These interrogatories shall be limited to
affirming or denying that specific statements were made by a party.
    Subd. 3. Advancement of fees and costs. The person who applies for issuance of a
subpoena shall advance the required service and witness fees. The commissioner shall pay for the
attendance of witnesses who are subpoenaed by the commissioner. The chief administrative law
judge shall pay for the attendance of witnesses who are subpoenaed by a compensation judge. The
fees are the same as the service and witness fees in civil actions in district court.
    Subd. 4. Proceedings as for contempt of court. Where a person does not comply with
an order or subpoena, the commissioner or compensation judge concerned, may apply to the
district court in the county in which the petition is pending for issuance of an order compelling
obedience. Upon such an application, the district court shall compel obedience to the order or
subpoena by attachment proceedings as for contempt in the case of disobedience of a similar
order or subpoena issued by the district court.
History: 1953 c 755 s 52; Ex1967 c 1 s 6; 1969 c 276 s 2; 1973 c 388 s 102-105; 1975 c
271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1981 c 346 s 113; 1984 c 432 art 2 s 44; 1984 c 640
s 32; 1986 c 444; 1987 c 332 s 86