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.
65B.12 RIGHT TO HEARING; CONSTRUCTION OF PLAN OF OPERATION.
Subdivision 1. Hearing request. Any member, applicant or person insured under a policy
placed through the facility may request a formal hearing and ruling by the governing committee on
any alleged violation of the plan of operation or any alleged improper act or ruling of the facility.
The request for hearing must be filed within 30 days after the date of the alleged act or decision.
Subd. 2. Plan of operation to provide. The plan of operation shall provide for prompt and
fair hearings, and shall prescribe the procedure to be followed in the hearings.
Subd. 3. Appeal of governing committee ruling. Any formal ruling by the governing
committee may be appealed to the commissioner by filing notice of appeal with the facility and
the commissioner within 30 days after issuance of the ruling. The hearing shall be governed by
the procedures for contested cases.
Subd. 4. Appeal hearing. Upon a hearing pursuant to chapter 14, the commissioner shall
issue an order approving or disapproving the action or decision of the governing committee or
directing the governing committee to reconsider the ruling.
Subd. 4a. Judicial review. In lieu of the appeal to the commissioner, a member, applicant, or
person may seek judicial review of the governing committee's action.
Subd. 5. Plan interpretation. The plan of operation shall be interpreted to conform to the
laws of this state with respect to automobile insurance coverage and any changes in the laws,
unless the facility is specifically excluded from the applicability of these laws.
History: 1971 c 813 s 12; 1987 c 337 s 97; 1992 c 520 s 17
Subdivision 1. Hearing request. Any member, applicant or person insured under a policy
placed through the facility may request a formal hearing and ruling by the governing committee on
any alleged violation of the plan of operation or any alleged improper act or ruling of the facility.
The request for hearing must be filed within 30 days after the date of the alleged act or decision.
Subd. 2. Plan of operation to provide. The plan of operation shall provide for prompt and
fair hearings, and shall prescribe the procedure to be followed in the hearings.
Subd. 3. Appeal of governing committee ruling. Any formal ruling by the governing
committee may be appealed to the commissioner by filing notice of appeal with the facility and
the commissioner within 30 days after issuance of the ruling. The hearing shall be governed by
the procedures for contested cases.
Subd. 4. Appeal hearing. Upon a hearing pursuant to chapter 14, the commissioner shall
issue an order approving or disapproving the action or decision of the governing committee or
directing the governing committee to reconsider the ruling.
Subd. 4a. Judicial review. In lieu of the appeal to the commissioner, a member, applicant, or
person may seek judicial review of the governing committee's action.
Subd. 5. Plan interpretation. The plan of operation shall be interpreted to conform to the
laws of this state with respect to automobile insurance coverage and any changes in the laws,
unless the facility is specifically excluded from the applicability of these laws.
History: 1971 c 813 s 12; 1987 c 337 s 97; 1992 c 520 s 17
Official Publication of the State of Minnesota
Revisor of Statutes