1997 Minnesota Statutes

     518.5511 Administrative process for child and medical 
  support orders. 

    Subdivision 1.    General.  (a) An administrative 
 process is established to obtain, modify, and enforce child and 
 medical support orders and parentage orders and enforce 
 maintenance if combined with a child support proceeding.  All 
 laws governing these actions apply insofar as they are not 
 inconsistent with the provisions of this section and section 
 518.5512.  Wherever other laws or rules are inconsistent with 
 this section and section 518.5512, the provisions in this 
 section and section 518.5512 shall apply. 

    (b) All proceedings for obtaining, modifying, or enforcing 
 child and medical support orders and enforcing maintenance 
 orders if combined with a child support proceeding, are required 
 to be conducted in the administrative process when the public 
 authority is a party or provides services to a party or parties 
 to the proceedings.  Cases in which there is no assignment of 
 support or in which the public authority is not providing 
 services may not be conducted in the administrative process.  At 
 county option, the administrative process may include contempt 
 motions or actions to establish parentage.  Nothing contained 
 herein shall prevent a party, upon timely notice to the public 
 authority, from commencing an action or bringing a motion for 
 the establishment, modification, or enforcement of child support 
 or enforcement of maintenance orders if combined with a child 
 support proceeding in district court, if additional issues 
 involving domestic abuse, establishment or modification of 
 custody or visitation, property issues, or other issues outside 
 the jurisdiction of the administrative process, are part of the 
 motion or action, or from proceeding with a motion or action 
 brought by another party containing one or more of these issues 
 if it is pending in district court. 

    (c) A party may make a written request to the public 
 authority to initiate an uncontested administrative proceeding.  
 If the public authority denies the request, the public authority 
 shall issue a notice of denial which denies the request for 
 relief within 30 days of receiving the written request, states 
 the reasons for the denial, and notifies the party of the right 
 to proceed directly to a contested administrative proceeding 
 according to subdivision 3a, paragraph (a).  If the party 
 proceeds directly to a contested hearing and files the requisite 
 documents, as provided by the commissioner, with the court 
 administrator within 30 days after the public authority's denial 
 and the party's action results in a modification of a child 
 support order, the modification may be retroactive to the date 
 the written request was received by the public authority.  If 
 the public authority accepts the request and proceeds with the 
 uncontested administrative process, any order or modification 
 may be retroactive to the date the written request was received 
 by the public authority. 

    (d) The public authority may initiate actions in the 
 administrative process.  

    (e) For the purpose of the administrative process, all 
 powers, duties, and responsibilities conferred on judges of 
 district court to obtain and enforce child and medical support 
 and parentage and maintenance obligations, subject to the 
 limitations of this section are conferred on administrative law 
 judges, including the power to determine controlling interstate 
 orders, and to issue subpoenas, orders to show cause, and bench 
 warrants for failure to appear. 

    The administrative law judge has the authority to enter 
 parentage orders in which the custody and visitation provisions 
 are uncontested. 

    (f) Nonattorney employees of the public authority 
 responsible for child support may prepare, sign, serve, and file 
 complaints, motions, notices, summary notices, proposed orders, 
 default orders, consent orders, orders for blood or genetic 
 tests, and other documents related to the administrative process 
 for obtaining, modifying, or enforcing child and medical support 
 orders, orders establishing paternity, and related documents, 
 and orders to enforce maintenance if combined with a child 
 support order.  The nonattorney employee may issue 
 administrative subpoenas, conduct prehearing conferences, and 
 participate in proceedings before an administrative law judge.  
 This activity shall not be considered to be the unauthorized 
 practice of law.  Nonattorney employees may not represent the 
 interests of any party other than the public authority, and may 
 not give legal advice.  The nonattorney employees may act 
 subject to the limitations of section 518.5512. 

    (g) Any party may make a written request to the office of 
 administrative hearings for a subpoena compelling the attendance 
 of a witness or the production of books, papers, records, or 
 other documents relevant to the administrative process.  
 Subpoenas are enforceable through the district court.  The 
 public authority may also request a subpoena from the office of 
 administrative hearings for the production of a witness or 
 documents.  The nonattorney employee of the public authority may 
 issue subpoenas subject to the limitations in section 518.5512, 
 subdivision 6, paragraph (a), clause (2).  

    (h) At all stages of the administrative process, the county 
 attorney, or other attorney under contract, shall act as the 
 legal adviser for the public authority. 

    (i) The commissioner of human services shall:  

    (1) provide training to child support officers and other 
 persons involved in the administrative process; 

    (2) timely prepare simple and easy to understand forms, in 
 consultation with the office of administrative hearings, for all 
 notices and orders prescribed in this section, including a 
 support order worksheet form, with the exception of orders 
 issued by the district court or the office of administrative 
 hearings under subdivision 4; and 

    (3) distribute money to cover the costs of the 
 administrative process, including the salaries of administrative 
 law judges.  If available appropriations are insufficient to 
 cover the costs, the commissioner shall prorate the amount among 
 the counties. 

    (j) The commissioner of human services, in consultation 
 with the office of administrative hearings, is responsible for 
 the supervision of the administrative process.  

    (k) The public authority, the office of administrative 
 hearings, court administrators, and other entities involved in 
 the administrative process shall use the forms prepared by the 
 commissioner.  

    (l) The office of administrative hearings may reject orders 
 that have not been prepared using the commissioner's forms or on 
 forms that have not been approved by the commissioner. 

    (m) The office of administrative hearings is responsible 
 for training and monitoring the performance of administrative 
 law judges, maintaining records of proceedings, providing 
 transcripts upon request, and maintaining the integrity of the 
 district court file.  

    Subd. 2.    Uncontested administrative proceeding.  (a) 
 Following the initiation of the administrative process under 
 subdivision 1, paragraph (c) or (d), the public authority shall, 
 on the basis of all information available, complete and sign a 
 proposed order and notice.  The public authority shall attach a 
 support order worksheet.  In preparing the proposed order, the 
 public authority will establish child support in the highest 
 amount permitted under section 518.551, subdivision 5.  The 
 proposed order shall include written findings in accordance with 
 section 518.551, subdivision 5, clauses (i) and (j).  If the 
 public authority has incomplete or insufficient information upon 
 which to prepare a proposed order, the public authority shall 
 use the default standard established in section 518.551, 
 subdivision 5b, paragraph (d), to prepare the proposed order.  
 The notice shall state that the proposed order will be entered 
 as a final and binding default order unless one of the parties 
 contacts the public authority regarding the proposed order 
 within 30 days following the date of service of the proposed 
 order.  The notice and proposed order shall be served under the 
 rules of civil procedure on the noninitiating party and by first 
 class mail on the initiating party.  After receipt of the notice 
 and proposed order, the court administrator shall file the 
 documents. 

    For the purposes of the administrative process, and 
 notwithstanding any law or rule to the contrary, the service of 
 the proposed order under this paragraph shall be deemed to have 
 commenced a proceeding and the judge shall have jurisdiction 
 over a contested administrative proceeding.  

    (b) If the public authority is not contacted by a party 
 within 30 days after the date of service of the proposed order, 
 the public authority may submit the proposed order as the 
 default order.  The default order becomes enforceable upon 
 signature by an administrative law judge.  The default order 
 shall be a final order, and shall be served under the rules of 
 civil procedure. 

    (c) If the public authority obtains new information after 
 service of the proposed order, the public authority may prepare 
 one notice and revised proposed order.  The revised order must 
 be served by first class mail on the parties.  If the public 
 authority is not contacted within seven days after the date of 
 service of the revised order, the public authority may submit 
 the revised order as a default order but in no event sooner than 
 30 days after the service of the original proposed order. 

    (d) The public authority shall file in the district court 
 copies of all notices served on the parties, proof of service, 
 the support order worksheet, and all orders.  

    Subd. 3.    Administrative conference.  (a) If a party 
 contacts the public authority within 30 days of the date of 
 service of the proposed order, and the public authority does not 
 choose to proceed directly to a contested administrative 
 proceeding, the public authority shall schedule a conference, 
 and shall send written notice of the date, time, and place of 
 the conference and the date, time, and place of a contested 
 administrative proceeding in the event the administrative 
 conference fails to resolve all of the issues on the parties.  
 The public authority may request any additional information 
 necessary to establish child support.  The public authority may 
 choose to go directly to a contested administrative proceeding 
 and is not required to conduct an administrative conference.  
 The date of the contested administrative proceeding must be set 
 within 31 days of the administrative conference or not more than 
 60 days from the date of the notice of the administrative 
 conference.  A request for a continuance must be made to the 
 chief administrative law judge according to Minnesota Rules, 
 part 1400.7500. 

    (b) The purpose of the conference is to review all 
 available information and seek an agreement to a consent order.  
 The notice shall state the purpose of the conference, and that 
 the proposed order will be entered as a final and binding 
 default order if both parties fail to appear at the conference.  
 The notice must also state that if only one party appears at the 
 conference and there is no new information provided, the matter 
 shall proceed by default.  The notice shall be served on the 
 parties by first class mail at their last known addresses, and 
 the method of service shall be documented in the public 
 authority file.  All available and relevant information must be 
 shared with the parties at the conference subject to the 
 limitations of sections 256.87, subdivision 8, 257.70, and 
 518.005, subdivision 5.  If a conference is not held, 
 information which would have been shared at the conference by 
 the public authority must be provided to a party or the party's 
 attorney within 15 days of receipt of a written request. 

    (c) A party alleging domestic abuse by the other party 
 shall not be required to participate in a conference.  In such a 
 case, the public authority shall meet separately with the 
 parties in order to determine whether an agreement can be 
 reached. 

    (d) If all parties appear at the conference and agree to 
 all issues, and the public authority approves the agreement, the 
 public authority shall prepare a consent order for the parties 
 and the public authority to sign.  The public authority shall 
 submit the consent order to the administrative law judge.  Upon 
 signature, the order is a final order and must be served on the 
 parties by first class mail. 

    (e) If only one party appears at the conference and there 
 is no new information available, or if both of the parties fail 
 to appear at the conference, the public authority may submit a 
 default order through the uncontested administrative process.  
 If only one party appears at the conference and there is new 
 information available, the matter shall proceed directly to the 
 scheduled contested administrative proceeding.  

    (f) If the parties appear at the conference and do not 
 reach agreement to the entry of a consent order, the public 
 authority shall advise the parties that the matter remains 
 scheduled for a contested administrative proceeding, and that 
 the public authority will seek the establishment of child 
 support at the proceeding in accordance with the child support 
 guidelines. 

    (g) If one or both of the parties appear at the 
 administrative conference and there is new information that 
 makes the proposed order unreasonable or inappropriate, the 
 public authority may issue a revised proposed order pursuant to 
 subdivision 2, paragraph (c), or proceed directly to a contested 
 administrative proceeding. 

    Subd. 3a.    Alternative administrative resolutions.  
 (a)(1) Any party may proceed directly to a contested 
 administrative proceeding under subdivision 4 by making a 
 written request to the public authority.  After the public 
 authority receives a written request, the public authority shall 
 request or schedule a contested administrative proceeding and 
 inform the requester of the date, time, and place of the 
 hearing.  The public authority shall also provide the requester 
 with the contested administrative documents necessary for the 
 proceeding.  These documents must be completed by the requester, 
 served on the other party and the public authority, and filed 
 with the court administrator at least 21 days before the 
 hearing.  If the documents are not filed with the court 
 administrator, the contested administrative proceeding must be 
 canceled unless the public authority or a party objects. 

    (2) The public authority may also proceed directly to a 
 contested administrative proceeding.  

    (b) At any time in the administrative process, including 
 prior to the issuance of the proposed order, if the parties and 
 the public authority are in agreement, the public authority 
 shall prepare a consent order to be signed by the public 
 authority and the parties.  The parties must waive any of their 
 rights to the notices and time frames required by this section.  
 The public authority shall submit the order to the 
 administrative law judge.  Upon signature by the court, the 
 order is a final order and must be filed with the court 
 administrator and served by first class mail on the parties. 

    Subd. 4.    Contested administrative proceeding.  (a) 
 All counties shall participate in the contested administrative 
 process established in this section as designated in a statewide 
 implementation plan to be set forth by the commissioner of human 
 services.  No county shall be required to participate in the 
 contested administrative process until after the county has been 
 trained.  The contested administrative process shall be in 
 operation in all counties no later than July 1, 1998. 

    In counties designated by the commissioner, contested 
 administrative proceedings required under this section shall be 
 scheduled before administrative law judges, and shall be 
 conducted in accordance with the provisions under this section.  
 In counties not designated by the commissioner, contested 
 administrative proceedings shall be conducted in district court 
 in accordance with the rules of civil procedure and the rules of 
 family court.  

    (b) An administrative law judge may conduct administrative 
 proceedings and approve a stipulation reached on a contempt 
 motion brought by the public authority.  Any stipulation that 
 involves a finding of contempt and a jail sentence, whether 
 stayed or imposed, shall require the review and signature of a 
 district court judge. 

    (c) A party, witness, or attorney may appear or testify by 
 telephone, audiovisual means, or other electronic means, at the 
 discretion of the administrative law judge. 

    (d) Before implementing the process in a county, the chief 
 administrative law judge, the commissioner of human services, 
 the director of the county human services agency, the county 
 attorney, the county court administrator, and the county sheriff 
 shall jointly establish procedures, and the county shall provide 
 hearing facilities for implementing this process in the county.  
 A contested administrative proceeding shall be conducted in a 
 courtroom, if one is available, or a conference or meeting room 
 with at least two exits and of sufficient size to permit 
 adequate physical separation of the parties.  The court 
 administrator shall, to the extent practical, provide 
 administrative support for the contested administrative 
 proceeding.  Security personnel shall either be present during 
 the administrative proceedings, or be available to respond to a 
 request for emergency assistance.  

    (e) The contested administrative hearings shall be 
 conducted under the rules of the office of administrative 
 hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 
 to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 
 1400.7700, 1400.7800, and 1400.8100, as adopted by the chief 
 administrative law judge.  For matters not initiated under 
 subdivision 2, documents from the moving party shall be served 
 and filed at least 14 days prior to the hearing and the opposing 
 party shall serve and file documents raising new issues at least 
 ten days prior to the hearing.  In all contested administrative 
 proceedings, the administrative law judge may limit the extent 
 and timing of discovery.  Except as provided under this section, 
 other aspects of the case, including, but not limited to, 
 discovery, shall be conducted under the rules of family court, 
 the rules of civil procedure, and chapter 518.  

    (f) Following a contested administrative hearing, the 
 administrative law judge shall make findings of fact, 
 conclusions, and a final decision and issue an order.  Orders 
 issued by an administrative law judge may be enforceable by the 
 contempt powers of the district courts.  

    (g) At the time the matter is scheduled for a contested 
 administrative proceeding, the public authority shall file in 
 the district court copies of all relevant documents sent to or 
 received from the parties that have been provided to all 
 parties, in addition to any documents filed under subdivision 2, 
 paragraph (d).  These documents may be used as evidence by the 
 judge in deciding the case without need for further foundation 
 testimony.  For matters scheduled for a contested administrative 
 proceeding which were not initiated under subdivision 2, the 
 public authority shall obtain any income information available 
 to the public authority through the department of economic 
 security and serve this information on all parties and file the 
 information with the court at least five days prior to the 
 hearing. 

    (h) If only one party appears at the contested 
 administrative proceeding, a hearing must be conducted.  The 
 administrative law judge shall prepare an order and file it with 
 the district court.  The court shall serve the order on the 
 parties by first class mail at the last known address and shall 
 provide a copy of the order to the public authority. 

    (i) If neither party appears at the contested 
 administrative proceeding and no new information has been 
 submitted or made available to the court or public authority, 
 the public authority shall submit the default order to the 
 administrative law judge for signature.  If neither party 
 appears and new information is available to the court or public 
 authority, the administrative law judge shall prepare an order 
 based on the new information.  The court shall serve the order 
 on the parties by first class mail at the last known address and 
 shall provide a copy of the order to the public authority. 

    (j) The decision and order of the administrative law judge 
 is appealable to the court of appeals in the same manner as a 
 decision of the district court.  

    Subd. 5. Repealed, 1997 c 203 art 6 s 93 

    Subd. 6. Repealed, 1997 c 203 art 6 s 93 

    Subd. 7. Repealed, 1997 c 203 art 6 s 93 

    Subd. 8. Repealed, 1997 c 203 art 6 s 93 

    Subd. 9. Repealed, 1997 c 203 art 6 s 93 

    HIST: 1994 c 630 art 10 s 1; 1995 c 257 art 5 s 1-7; 1997 c 
 245 art 1 s 18-22