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.
72A.22 HEARING; WITNESSES; PRODUCTION OF BOOKS.
Subdivision 1. Statement of charges and notice of hearing. Whenever the commissioner
has reason to believe that any person has been engaged or is engaging in this state in any unfair
method of competition or any unfair or deceptive act or practice, defined in section 72A.20, and
that a proceeding in respect thereto would be to the interest of the public, the commissioner shall
issue and serve upon that person a statement of the charges in that respect and a notice of a
hearing thereon to be held at a time and place fixed in the notice, which shall not be less than
20 days after the date of the service thereof.
Subd. 2. Appearance; intervention. At the time and place fixed for such hearing said person
shall have an opportunity to be heard and to show cause why an order should not be made by the
commissioner requiring the person to cease and desist from the acts, methods, or practices so
complained of. Upon good cause shown, the commissioner shall permit any person to intervene,
appear and be heard at such hearing by counsel or in person.
Subd. 3. Formal rules of pleading or evidence not required. Nothing contained in sections
72A.17 to 72A.32 shall require the observance at any such hearing of formal rules of pleading or
evidence.
Subd. 4. Hearing. The commissioner, upon such a hearing, may administer oaths, examine
and cross-examine witnesses, receive oral and documentary evidence, and shall have the power
to subpoena witnesses, compel their attendance, and require the production of books, papers,
records, correspondence, or other documents which the commissioner deems relevant to the
inquiry. The commissioner, upon such a hearing, may, and upon the request of any party shall,
cause to be made a stenographic record of all the evidence and all the proceedings had at the
hearing. If no stenographic record is made and if a judicial review is sought, the commissioner
shall prepare a statement of the evidence and proceeding for use on review. In case of a refusal of
any person to comply with any subpoena issued hereunder or to testify with respect to any matter
concerning which the person may be lawfully interrogated, the District Court of Ramsey County
or of the county where the hearing is being held, on application of the commissioner, may issue an
order requiring that person to comply with the subpoena and to testify; and any failure to obey
any such order of the court may be punished by the court as a contempt thereof.
Subd. 5. Service. Statements of charges, notices, orders, and other processes of the
commissioner under sections 72A.17 to 72A.32 may be served by anyone duly authorized by the
commissioner, either in the manner provided by law for service of process in civil actions or in
compliance with section 45.028, subdivision 2.
History: 1967 c 395 art 12 s 22; 1986 c 444; 1992 c 564 art 2 s 7
Subdivision 1. Statement of charges and notice of hearing. Whenever the commissioner
has reason to believe that any person has been engaged or is engaging in this state in any unfair
method of competition or any unfair or deceptive act or practice, defined in section 72A.20, and
that a proceeding in respect thereto would be to the interest of the public, the commissioner shall
issue and serve upon that person a statement of the charges in that respect and a notice of a
hearing thereon to be held at a time and place fixed in the notice, which shall not be less than
20 days after the date of the service thereof.
Subd. 2. Appearance; intervention. At the time and place fixed for such hearing said person
shall have an opportunity to be heard and to show cause why an order should not be made by the
commissioner requiring the person to cease and desist from the acts, methods, or practices so
complained of. Upon good cause shown, the commissioner shall permit any person to intervene,
appear and be heard at such hearing by counsel or in person.
Subd. 3. Formal rules of pleading or evidence not required. Nothing contained in sections
72A.17 to 72A.32 shall require the observance at any such hearing of formal rules of pleading or
evidence.
Subd. 4. Hearing. The commissioner, upon such a hearing, may administer oaths, examine
and cross-examine witnesses, receive oral and documentary evidence, and shall have the power
to subpoena witnesses, compel their attendance, and require the production of books, papers,
records, correspondence, or other documents which the commissioner deems relevant to the
inquiry. The commissioner, upon such a hearing, may, and upon the request of any party shall,
cause to be made a stenographic record of all the evidence and all the proceedings had at the
hearing. If no stenographic record is made and if a judicial review is sought, the commissioner
shall prepare a statement of the evidence and proceeding for use on review. In case of a refusal of
any person to comply with any subpoena issued hereunder or to testify with respect to any matter
concerning which the person may be lawfully interrogated, the District Court of Ramsey County
or of the county where the hearing is being held, on application of the commissioner, may issue an
order requiring that person to comply with the subpoena and to testify; and any failure to obey
any such order of the court may be punished by the court as a contempt thereof.
Subd. 5. Service. Statements of charges, notices, orders, and other processes of the
commissioner under sections 72A.17 to 72A.32 may be served by anyone duly authorized by the
commissioner, either in the manner provided by law for service of process in civil actions or in
compliance with section 45.028, subdivision 2.
History: 1967 c 395 art 12 s 22; 1986 c 444; 1992 c 564 art 2 s 7
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Revisor of Statutes