1998 Minnesota Statutes

     115B.35 Determination of claims. 

    Subdivision 1.    Assignment of claims.  The chair of 
 the board shall assign each claim that has been accepted for 
 filing to one member of the board, except that no claims shall 
 be assigned to either of the two members appointed to the board 
 as members of the general public. 

    Subd. 2.    Treatment of protected information.  In 
 making a preliminary or final decision under this section, the 
 board shall examine protected information outside of the 
 presence of the claimant, the claimant's attorney, or any other 
 person except staff to the board.  The board, the board's staff, 
 and any other person who obtains access to protected information 
 under this section may not reveal protected information to any 
 person except as provided in this section. 

    Subd. 3.    Evidence admissible in claim proceedings.  
 In the determination of a claim, the board may admit and give 
 probative effect to evidence that possesses probative value 
 commonly accepted by reasonable and prudent persons in the 
 conduct of their affairs.  The board shall give effect to the 
 rules of privilege recognized by law.  The board may exclude 
 incompetent, irrelevant, immaterial, and repetitious evidence. 

    Subd. 4.    Preliminary decision.  The board member to 
 whom the claim is assigned shall review all materials filed in 
 support of the claim and may cause an investigation to be 
 conducted into the validity of the claim.  The board member may 
 make a preliminary decision on the basis of the papers filed in 
 support of the claim and the report of any investigation of it. 
 The decision must be in writing and include the reasons for the 
 decision, subject to the limitations on disclosure of protected 
 information. 

    Subd. 5.    Circulation of preliminary decision.  Copies 
 of the preliminary decision made under subdivision 4 must be 
 circulated to the other board members as soon as practicable.  
 On receipt of the preliminary decision, the members have 20 days 
 to challenge it by written notice to the members who made the 
 decision.  If no other member challenges the preliminary 
 decision, a copy must be sent to the claimant who may challenge 
 the decision by written notice to the board within 30 days of 
 receipt of the decision.  If the board member relies on 
 protected information to deny a claim, the preliminary decision 
 must include a statement to this effect.  If no notice is 
 received within the required time, the preliminary decision 
 becomes a final decision of the board.  

    Subd. 6.    Challenges.  If a board member or a claimant 
 challenges a preliminary decision made pursuant to subdivision 
 4, the full board shall order the claimant to appear before the 
 board.  The appearance is not a contested case hearing under 
 chapter 14.  The claimant may produce further evidence to 
 support the claim, including books, studies, reports, and any 
 other written material and oral testimony of witnesses, 
 including experts.  The board members may ask questions of the 
 claimant and any witnesses presented by the claimant.  After the 
 appearance, the board shall make a final decision on the claim 
 as soon as practicable.  The decision must be in writing and 
 include the reasons for the decision, subject to the limits on 
 disclosure of protected information.  A copy of each final 
 decision must be sent to the claimant, including, for a claim 
 that is granted, an explanation of the form in which the claim 
 will be paid.  If the final decision of the board relies on 
 protected information to deny a claim, the decision shall 
 include a statement to this effect.  At the claimant's request, 
 the board shall disclose to the claimant that portion of the 
 protected information relied on by the board and shall provide 
 the claimant with an opportunity to provide additional 
 information relevant to the element of the standard that has not 
 been demonstrated.  The board shall make a final decision based 
 on all available information.  

    Subd. 7.    Record.  Any appearance by a claimant or 
 witnesses must be tape recorded but a formal record pursuant to 
 chapter 14 is not required. 

    Subd. 8.    Appeal.  A final decision of the board made 
 under this section is conclusive on all matters decided.  There 
 is no right to judicial review of a final decision of the board. 

    Subd. 9.    Remedies and penalties.  A board member, 
 board staff person, or other person who reveals protected 
 information in violation of this section is subject to the civil 
 remedies contained in section 13.08 and the penalties in section 
 13.09. 

    HIST: 1Sp1985 c 8 s 14; 1986 c 444