Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
144.4179 STANDARD OF PROOF; EVIDENCE.
Subdivision 1. Clear and convincing. The commissioner must prove the allegations in
the petition by clear and convincing evidence.
Subd. 2. All relevant evidence. The court shall admit all reliable relevant evidence. Medical
and epidemiologic data must be admitted if it otherwise comports with section 145.30, chapter
600, Minnesota Rules of Evidence 803(6), or other statutes or rules that permit reliable evidence
to be admitted in civil cases.
Subd. 3. Carrier status. Upon a finding by the court that the commissioner's suspicion of
carrier status is reasonable as established by presentation of facts justifying an inference that the
respondent harbors a specific infectious agent, there shall exist a rebuttable presumption that
the respondent is a carrier. This presumption may be rebutted if the respondent demonstrates
noncarrier status after undergoing medically accepted tests.
Subd. 4. Failure to appear. If a party fails to appear at the hearing without prior court
approval, the hearing may proceed without the absent party and the court may make its
determination on the basis of all reliable evidence submitted at the hearing.
Subd. 5. Records. The court shall take and preserve an accurate stenographic record of
the proceedings.
History: 1987 c 209 s 12
Subdivision 1. Clear and convincing. The commissioner must prove the allegations in
the petition by clear and convincing evidence.
Subd. 2. All relevant evidence. The court shall admit all reliable relevant evidence. Medical
and epidemiologic data must be admitted if it otherwise comports with section 145.30, chapter
600, Minnesota Rules of Evidence 803(6), or other statutes or rules that permit reliable evidence
to be admitted in civil cases.
Subd. 3. Carrier status. Upon a finding by the court that the commissioner's suspicion of
carrier status is reasonable as established by presentation of facts justifying an inference that the
respondent harbors a specific infectious agent, there shall exist a rebuttable presumption that
the respondent is a carrier. This presumption may be rebutted if the respondent demonstrates
noncarrier status after undergoing medically accepted tests.
Subd. 4. Failure to appear. If a party fails to appear at the hearing without prior court
approval, the hearing may proceed without the absent party and the court may make its
determination on the basis of all reliable evidence submitted at the hearing.
Subd. 5. Records. The court shall take and preserve an accurate stenographic record of
the proceedings.
History: 1987 c 209 s 12
Official Publication of the State of Minnesota
Revisor of Statutes