473.857 SYSTEM STATEMENTS; RECONCILIATION PROCEDURES.
Subdivision 1. Request for hearing.
If a local governmental unit and the council are
unable to resolve disagreements over the content of a system statement, the unit may by
resolution request that a hearing be conducted by the advisory committee or by the state Office of
Administrative Hearings for the purpose of considering amendments to the system statement.
The request shall be made by the unit within 60 days after receipt of the system statement and
shall be accompanied by a description of the disagreement together with specified proposed
amendments to the system statement. If no request for a hearing is received by the council within
60 days, the statement shall be final.
Subd. 2. Within 60 days; report.
A hearing shall be conducted within 60 days after the
request, provided that the advisory committee or the administrative law judge shall consolidate
hearings on related requests. The 60-day period within which the hearing shall be conducted
may be extended or suspended by mutual agreement of the council and the local governmental
unit. The hearing shall not consider the need for or reasonableness of the metropolitan system
plans or parts thereof. The hearing shall afford all interested persons an opportunity to testify
and present evidence. The advisory committee or administrative law judge may employ the
appropriate technical and professional services of the office of dispute resolution for the purpose
of evaluating disputes of fact. The proceedings shall not be deemed a contested case. Within
30 days after the hearing, the advisory committee or the administrative law judge shall report
to the council respecting the proposed amendments to the system statements. The report shall
contain findings of fact, conclusions, and recommendations and shall apportion the costs of
the proceedings among the parties.
Subd. 3. Final determination.
Within 30 days of receipt of the report, the council, by
resolution containing findings of fact and conclusions, shall make a final determination respecting
the proposed amendments. At any point in the reconciliation procedure established by this section,
the council and a local governmental unit may resolve their disagreement by stipulation.
History: 1976 c 127 s 7; 1977 c 347 s 68; 1980 c 615 s 60; 1981 c 356 s 241; 1983 c 289
s 115 subd 1; 1984 c 640 s 32; 1987 c 312 art 1 s 26 subd 2; 1993 c 163 art 1 s 32; 2006 c
194 s 6,7; 2007 c 113 s 7