Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
60D.28 JUDICIAL REVIEW, MANDAMUS.
(a) Any person aggrieved by any act, determination, rule or order, or any other action of the
commissioner pursuant to this chapter may appeal therefrom to the District Court for Ramsey
County. The court shall conduct its review without a jury and by trial de novo, except that if all
parties, including the commissioner, so stipulate, the review shall be confined to the record.
Portions of the record may be introduced by stipulation into evidence in a trial de novo as to
those parties so stipulated.
(b) The filing of an appeal pursuant to this section shall stay the application of the rule,
order, or other action of the commissioner to the appealing party unless the court, after giving
the party notice and an opportunity to be heard, determines that the stay would be detrimental
to the interest of policyholders or the public.
(c) Any person aggrieved by any failure of the commissioner to act or make a determination
required by this chapter may petition the District Court for Ramsey County for a writ in the
nature of a mandamus or a peremptory mandamus directing the commissioner to act or make this
determination immediately.
History: 1991 c 325 art 14 s 15
(a) Any person aggrieved by any act, determination, rule or order, or any other action of the
commissioner pursuant to this chapter may appeal therefrom to the District Court for Ramsey
County. The court shall conduct its review without a jury and by trial de novo, except that if all
parties, including the commissioner, so stipulate, the review shall be confined to the record.
Portions of the record may be introduced by stipulation into evidence in a trial de novo as to
those parties so stipulated.
(b) The filing of an appeal pursuant to this section shall stay the application of the rule,
order, or other action of the commissioner to the appealing party unless the court, after giving
the party notice and an opportunity to be heard, determines that the stay would be detrimental
to the interest of policyholders or the public.
(c) Any person aggrieved by any failure of the commissioner to act or make a determination
required by this chapter may petition the District Court for Ramsey County for a writ in the
nature of a mandamus or a peremptory mandamus directing the commissioner to act or make this
determination immediately.
History: 1991 c 325 art 14 s 15
Official Publication of the State of Minnesota
Revisor of Statutes