2006 Minnesota Statutes

197.481 ENFORCEMENT.
    Subdivision 1. Petition. A veteran who has been denied rights by the state or any political
subdivision, municipality, or other public agency of the state under section 43A.11, 197.46,
197.48, or 197.455 may petition the commissioner of veterans affairs for an order directing the
agency to grant the veteran such relief the commissioner finds justified by said statutes.
The petition shall contain:
(1) the name, address, and acknowledged signature of the veteran;
(2) the names and addresses of all agencies and persons that will be directly affected if
the petition is granted;
(3) a concise statement of the facts giving rise to the veteran's rights and a concise statement
showing the manner in which rights were denied;
(4) a statement of the relief requested.
    Subd. 2. Service. Upon receipt of a petition herein, the commissioner shall serve a copy of
same, by certified mail, on all agencies and persons named therein and on such other agencies or
persons as in the judgment of the commissioner should in justice be parties to the proceeding. The
veteran and all agencies and persons served shall be parties to the proceeding.
    Subd. 3. Subpoenas. The commissioner shall have free access to relevant records of all
parties and may issue subpoenas for and compel the attendance of witnesses and the giving
of testimony and the production of books, records, accounts, documents and papers; and may
administer oaths to witnesses. If any person shall fail or refuse to appear or testify regarding
that upon which the person may be lawfully interrogated, or produce any books, records,
accounts, documents or papers relevant in the matter under consideration, after having been
lawfully required by subpoena, any judge of the district court in any county of the state where
the subpoena was made returnable, on application of the commissioner, shall compel obedience
or punish disobedience as for contempt as in the case of disobedience of a similar subpoena
issued by such court.
    Subd. 4. Hearing. The commissioner shall hold a hearing on the petition of any party within
20 days of serving, or being served with the petition. The veteran may demand an opportunity to
be heard at a time set by the commissioner. A party who fails to demand such hearing within 20
days shall be heard only by permission of the commissioner, except that if any party demands to
be heard all parties shall have the right to be heard. A hearing hereunder shall be conducted and
orders issued in accord with sections 14.57 to 14.60 and 14.62, at the office of the commissioner
or at a place the commissioner designates. The commissioner shall notify all parties, by mail, of
the time and place of the hearing.
    Subd. 5. Personnel. The commissioner may appoint a hearing officer to act in the
commissioner's place and to employ such other personnel as are necessary to investigate facts in
cases brought under this section. The affected political subdivision must bear all costs incurred by
the commissioner under this section.
    Subd. 6. Appeals. Appeals of orders issued under this section shall be in accordance with
chapter 14.
    Subd. 7. Representation. If a veteran receives a favorable decision hereunder and (a) a party
to the proceeding appeals such decision to the district court or (b) if an action attacking the
decision is begun, the commissioner shall become a party in such appeal or action and with the
aid of the attorney general represent the veteran therein.
    Subd. 8. Enforcement. When a party fails or refuses to comply with a final decision of the
commissioner, the commissioner may commence an action in Ramsey County District Court
requesting the court to order the party to comply with the order of the commissioner. If the
commissioner has ordered an award of damages and if the court sustains or modifies the award, it
shall enter judgment on the order or modified order in the same manner as in the case of an order
of the district court, as provided in section 546.27.
History: 1973 c 570 s 1 subds 1-7; 1975 c 45 s 6; 1978 c 674 s 60; 1978 c 682 s 1,2; 1981 c
210 s 54; 1982 c 424 s 130; 1983 c 247 s 82; 1986 c 444; 1987 c 404 s 154