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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 216. PUBLIC UTILITIES COMMISSION PROCEEDINGS

Table of Sections
Section Headnote
216.01 [Repealed, 1967 c 864 s 10]
216.02 [Repealed, 1967 c 864 s 10]
216.03 [Repealed, 1967 c 864 s 10]
216.04 [Repealed, 1967 c 864 s 10]
216.05 [Repealed, 1967 c 864 s 10]
216.06 [Repealed, Ex1957 c 10 s 8]
216.07 [Repealed, Ex1957 c 10 s 8]
216.08 [Renumbered 219.815]
216.09 [Renumbered 219.695]
216.10 PUBLIC ATTORNEYS REPRESENT COMMISSION.
216.11 [Repealed, 1967 c 864 s 10]
216.12 [Repealed, Ex1957 c 10 s 8]
216.13 COMMENCING PROCEEDINGS BEFORE COMMISSION.
216.14 NOTICE TO RESPONDENT.
216.15 ANSWER AND REPLY.
216.16 HEARINGS BEFORE COMMISSION.
216.161 CONTESTED CASES; NOTICE.
216.17 NOTICES AND ORDERS; FILINGS; SERVICE.
216.18 POWER TO SUBPOENA WITNESSES AND DOCUMENTS.
216.19 [Repealed, Ex1957 c 10 s 8]
216.20 [Repealed, Ex1957 c 10 s 8]
216.21 [Repealed, Ex1957 c 10 s 8]
216.22 [Repealed, Ex1957 c 10 s 8]
216.225 [Repealed, Ex1957 c 10 s 8]
216.23 [Repealed, Ex1957 c 10 s 8]
216.24 [Repealed, 1983 c 247 s 219]
216.25 APPEALS.
216.26 DISMISSAL IN CERTAIN CASES; PROCEDURE.
216.27 FILING APPEAL PAPERS; EFFECT.
216.271 [Repealed, 1983 c 247 s 219]
216.28 [Repealed, 1967 c 864 s 10]
216.29 [Repealed, 1967 c 864 s 10]
216.30 [Repealed, 1967 c 864 s 10]
216.31 [Repealed, 1967 c 864 s 10]
216.32 [Repealed, 1967 c 864 s 10]
216.33 [Repealed, 1967 c 864 s 10]
216.34 [Repealed, Ex1957 c 10 s 8]
216.35 [Repealed, Ex1957 c 10 s 8]
216.36 [Repealed, Ex1957 c 10 s 8]
216.37 [Repealed, Ex1957 c 10 s 8]
216.38 [Repealed, Ex1957 c 10 s 8]
216.39 [Repealed, Ex1957 c 10 s 8]
216.40 [Repealed, Ex1957 c 10 s 8]
216.41 [Repealed, Ex1957 c 10 s 8]
216.42 [Repealed, Ex1957 c 10 s 8]
216.43 [Repealed, 1957 c 647 s 2; Ex1957 c 10 s 8]
216.44 [Repealed, 1957 c 647 s 2; Ex1957 c 10 s 8]
216.45 [Repealed, 1957 c 647 s 2; Ex1957 c 10 s 8]
216.46 [Repealed, Ex1957 c 10 s 8]
216.47 [Repealed, Ex1957 c 10 s 8]
216.48 [Repealed, Ex1957 c 10 s 8]
216.49 [Repealed, Ex1957 c 10 s 8]
216.50 [Repealed, Ex1957 c 10 s 8]
216.51 [Repealed, Ex1957 c 10 s 8]
216.52 [Repealed, Ex1957 c 10 s 8]
216.53 [Repealed, Ex1957 c 10 s 8]
216.54 [Repealed, Ex1957 c 10 s 8]
216.55 [Repealed, Ex1957 c 10 s 8]
216.56 [Repealed, Ex1957 c 10 s 8]
216.57 [Repealed, Ex1957 c 10 s 8]
216.58 [Repealed, Ex1957 c 10 s 8]
216.59 [Repealed, Ex1957 c 10 s 8]
216.60 [Repealed, Ex1957 c 10 s 8]
216.61 [Repealed, Ex1957 c 10 s 8]
216.62 [Repealed, Ex1957 c 10 s 8]
216.63 [Repealed, 1949 c 440 s 7; Ex1957 c 10 s 8]
216.64 [Repealed, 1949 c 440 s 7; Ex1957 c 10 s 8]
216.65 [Repealed, 1967 c 864 s 10]
216.66 [Repealed, Ex1957 c 10 s 8]
216.67 [Repealed, 1967 c 864 s 10]
216.68 [Repealed, Ex1957 c 10 s 8]
216.01 [Repealed, 1967 c 864 s 10]
216.02 [Repealed, 1967 c 864 s 10]
216.03 [Repealed, 1967 c 864 s 10]
216.04 [Repealed, 1967 c 864 s 10]
216.05 [Repealed, 1967 c 864 s 10]
216.06 [Repealed, Ex1957 c 10 s 8]
216.07 [Repealed, Ex1957 c 10 s 8]
216.08 [Renumbered 219.815]
216.09 [Renumbered 219.695]

216.10 PUBLIC ATTORNEYS REPRESENT COMMISSION.

The attorney general shall be ex officio attorney for the Public Utilities Commission and shall institute and prosecute all actions which the commission shall order brought and render the commissioners all advice, counsel, and assistance necessary for the proper performance of their duties. The county attorney of any county in which an action is pending, prosecuted, or defended by direction of the commission shall aid in the prosecution or defense thereof until final determination when requested by the commission. When necessary the commission may employ additional counsel to assist the attorney general.

All actions or proceedings instituted by the commission shall be brought in the name of the state.

History:

(4635, 4658) RL s 1960,1979; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444

216.11 [Repealed, 1967 c 864 s 10]
216.12 [Repealed, Ex1957 c 10 s 8]

216.13 COMMENCING PROCEEDINGS BEFORE COMMISSION.

Proceedings before the commission against any such carrier or public warehouse operator shall be instituted by complaint, verified as a pleading in a civil action, stating in ordinary language the facts constituting the alleged omission or offense. The parties to such proceedings shall be termed, respectively, "complainant" and "respondent."

History:

(4638) RL s 1963; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444

216.14 NOTICE TO RESPONDENT.

Upon filing such complaint, if there appear reasonable grounds for investigating such matter, the commission shall issue an order directed to and requiring such carrier or warehouse operator to grant the relief demanded or show cause by answer within 20 days from the service of such notice why such relief should not be granted. Such order, together with a copy of the complaint, shall forthwith be served upon the respondent.

History:

(4639) RL s 1964; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444

216.15 ANSWER AND REPLY.

The respondent may file by mail, by personal delivery, or via the commission's electronic filing system and serve upon the complainant, within 20 days after service of the order, an answer alleging that it has already granted the relief demanded or setting up any matter of defense. If the answer alleges the granting of the relief, the complainant shall within 20 days reply admitting or denying the allegation. If the complainant fails to reply or admits the allegation, the proceeding must be dismissed.

216.16 HEARINGS BEFORE COMMISSION.

If the matter be not adjusted to the satisfaction of the commission, it shall set a time and place of hearing, and give at least ten days' notice thereof to each party. The parties may appear either in person or by attorney. The commission shall hear evidence and otherwise investigate the matter, make findings of fact upon all matters involved, and such order or recommendation in the premises as may be just. A copy of such findings and order or recommendation shall forthwith be served upon each party. No proceedings shall be dismissed on account of want of pecuniary interest in the complaint.

216.161 CONTESTED CASES; NOTICE.

Notwithstanding the provisions of any other law the commission in any contested case shall give reasonable notice to representatives of associations or other interested groups or persons who have registered their names with the secretary of the commission for that purpose, to all parties and to cities and municipalities which the commission deems to be interested in the proceeding. The commission may prescribe an annual fee to be paid into the state treasury which shall be a charge to all registered groups or persons. This charge is to cover the costs involved.

"Contested case" means a proceeding before the commission in which the legal rights, duties or privileges of specific parties are required by law or constitutional right to be determined after a hearing.

216.17 NOTICES AND ORDERS; FILINGS; SERVICE.

Subdivision 1.Commission notices and orders; signature.

All notices and orders in proceedings before the commission must be signed by the secretary. Electronic signature by the secretary is permitted.

Subd. 2.Service of notice, order, or other document from commission.

Service of all notices, orders, and other documents by the commission may be made by mail, personal delivery, or electronic service upon any person or firm, or upon the president, general manager, or other proper executive officer of any corporation interested. If any party has appeared by attorney, such service must be made upon the attorney. Notwithstanding section 14.62, orders and decisions may be served by mail, by personal delivery, or by electronic service. The commission may provide electronic service to any person who has provided an electronic address to the commission for service purposes. For purposes of this section, the term "person" includes a natural person or an organization, whether for profit or not for profit. Regulated utilities and state agencies must provide an electronic address for electronic service purposes and must accept electronic service as official service.

Subd. 3.Filings with commission; manner of filing.

As of January 1, 2008, any telephone company or telecommunications carrier subject to chapter 237; any public utility, cooperative association, or municipal utility subject to chapter 216B; and state agencies, shall file documents with the commission via the commission's electronic filing system. The executive secretary may approve an exemption from this requirement if an affected company or agency is unable to submit filings via the commission's electronic filing system. All parties, participants, or other interested persons shall submit filings to the commission via the commission's electronic filing system whenever practicable, but may also file by personal delivery or by mail.

Subd. 4.Service by a party, participant, or other interested person.

When an applicable statute or commission rule requires service of a filing or other document by a party, participant, or other interested person upon persons on a service list maintained by the commission, service may be made by personal delivery, mail, or electronic service, except that electronic service may only be made upon persons on the official service list who have previously agreed in writing to accept electronic service at an electronic address provided to the commission for electronic service purposes. This section does not apply to the extent another provision of this chapter or chapter 216A requires a specific method of service. Regulated utilities and state agencies must provide an electronic address to the commission for electronic service purposes and agree to accept electronic service as official service.

216.18 POWER TO SUBPOENA WITNESSES AND DOCUMENTS.

The commission in any hearing or investigation may require the attendance of witnesses and the production of any books, documents, and records. Witnesses must receive the same fees and mileage as in civil actions. Disobedience of any subpoena in such proceeding or contumacy of a witness may, upon application of the commission, be punished by any district court in the same manner as if the proceedings were pending in such court.

216.19 [Repealed, Ex1957 c 10 s 8]
216.20 [Repealed, Ex1957 c 10 s 8]
216.21 [Repealed, Ex1957 c 10 s 8]
216.22 [Repealed, Ex1957 c 10 s 8]
216.225 [Repealed, Ex1957 c 10 s 8]
216.23 [Repealed, Ex1957 c 10 s 8]
216.24 [Repealed, 1983 c 247 s 219]

216.25 APPEALS.

Any party to a contested case before the commission may appeal from the decision and order of the commission in accordance with chapter 14.

216.26 DISMISSAL IN CERTAIN CASES; PROCEDURE.

When in any proceedings pending before it relating to or involving the reasonableness of rates, fares, charges, or classifications, the commission shall decide that it has not jurisdiction for the reason that the traffic covered by such rates, fares, charges, and classifications is interstate commerce, it shall make an order dismissing the proceeding, stating therein the ground of such dismissal, which order may be appealed from in like manner as other appealable orders of the commission.

If in any such proceeding one of the commissioners shall dissent from the order of dismissal, the question of its jurisdiction shall be certified to the district court of a county to which an appeal might be taken and thereupon the commission shall notify all parties to the proceedings of such certification, stating the county and date thereof.

216.27 FILING APPEAL PAPERS; EFFECT.

When an appeal is taken, the commission shall file with the clerk of the appellate courts the documents described by the Rules of Civil Appellate Procedure. The Court of Appeals shall have full jurisdiction to hear and determine the matter appealed. The proceeding shall be governed by the Rules of Civil Appellate Procedure. If the order of the commission is reversed, upon filing a copy of the order of reversal with the commission, it shall proceed to determine the reasonableness of the rates, fares, charges, and classification on the merits.

216.271 [Repealed, 1983 c 247 s 219]
216.28 [Repealed, 1967 c 864 s 10]
216.29 [Repealed, 1967 c 864 s 10]
216.30 [Repealed, 1967 c 864 s 10]
216.31 [Repealed, 1967 c 864 s 10]
216.32 [Repealed, 1967 c 864 s 10]
216.33 [Repealed, 1967 c 864 s 10]
216.34 [Repealed, Ex1957 c 10 s 8]
216.35 [Repealed, Ex1957 c 10 s 8]
216.36 [Repealed, Ex1957 c 10 s 8]
216.37 [Repealed, Ex1957 c 10 s 8]
216.38 [Repealed, Ex1957 c 10 s 8]
216.39 [Repealed, Ex1957 c 10 s 8]
216.40 [Repealed, Ex1957 c 10 s 8]
216.41 [Repealed, Ex1957 c 10 s 8]
216.42 [Repealed, Ex1957 c 10 s 8]
216.43 [Repealed, 1957 c 647 s 2; Ex1957 c 10 s 8]
216.44 [Repealed, 1957 c 647 s 2; Ex1957 c 10 s 8]
216.45 [Repealed, 1957 c 647 s 2; Ex1957 c 10 s 8]
216.46 [Repealed, Ex1957 c 10 s 8]
216.47 [Repealed, Ex1957 c 10 s 8]
216.48 [Repealed, Ex1957 c 10 s 8]
216.49 [Repealed, Ex1957 c 10 s 8]
216.50 [Repealed, Ex1957 c 10 s 8]
216.51 [Repealed, Ex1957 c 10 s 8]
216.52 [Repealed, Ex1957 c 10 s 8]
216.53 [Repealed, Ex1957 c 10 s 8]
216.54 [Repealed, Ex1957 c 10 s 8]
216.55 [Repealed, Ex1957 c 10 s 8]
216.56 [Repealed, Ex1957 c 10 s 8]
216.57 [Repealed, Ex1957 c 10 s 8]
216.58 [Repealed, Ex1957 c 10 s 8]
216.59 [Repealed, Ex1957 c 10 s 8]
216.60 [Repealed, Ex1957 c 10 s 8]
216.61 [Repealed, Ex1957 c 10 s 8]
216.62 [Repealed, Ex1957 c 10 s 8]
216.63 [Repealed, 1949 c 440 s 7; Ex1957 c 10 s 8]
216.64 [Repealed, 1949 c 440 s 7; Ex1957 c 10 s 8]
216.65 [Repealed, 1967 c 864 s 10]
216.66 [Repealed, Ex1957 c 10 s 8]
216.67 [Repealed, 1967 c 864 s 10]
216.68 [Repealed, Ex1957 c 10 s 8]