2000 Minnesota Statutes

     115B.28 Powers and duties of the board. 

    Subdivision 1.    Duties.  In addition to performing 
 duties specified in sections 115B.25 to 115B.37 or in other law, 
 and subject to the limitations on disclosure contained in 
 section 115B.35, the board shall: 

    (1) adopt rules as soon as practicable after all members 
 are appointed, including rules governing practice and procedure 
 before the board, the form and procedure for applications for 
 compensation, and procedures for claims investigations; 

    (2) publicize the availability of compensation and 
 application procedures on a statewide basis with special 
 emphasis on geographical areas surrounding sites identified by 
 the pollution control agency as having releases from a facility 
 where a harmful substance was placed or came to be located prior 
 to July 1, 1983; 

    (3) collect, analyze, and make available to the public, in 
 consultation with the department of health, the pollution 
 control agency, the University of Minnesota medical and public 
 health schools, and the medical community, data regarding 
 injuries relating to exposure to harmful substances; and 

    (4) prepare and transmit by December 31 of each year to the 
 governor and the legislature an annual report to include (a) a 
 summary of board activity under clause (3); (b) data determined 
 by the board from actual cases, including but not limited to 
 number of cases, actual compensation received by each claimant, 
 types of cases, and types of injuries compensated, as they 
 relate to types of harmful substances as well as length of 
 exposure, but excluding identification of the claimants; (c) all 
 administrative costs associated with the business of the board; 
 and (d) board recommendations for legislative changes, further 
 study, or any other recommendation aimed at improving the system 
 of compensation. 

    Subd. 2.    Powers.  In addition to exercising any 
 powers specified in sections 115B.25 to 115B.37 or in other law, 
 the board may: 

    (1) in reviewing a claim, consider any information relevant 
 to the claim, in accordance with the evidentiary standards 
 contained in section 115B.35; 

    (2) contract for consultant or other services necessary to 
 carry out the board's duties under sections 115B.25 to 115B.37; 

    (3) grant reasonable partial compensation on an emergency 
 basis pending the final decision on a claim if the claim is one 
 with respect to which an award will probably be made and undue 
 hardship will result to the claimant if immediate payment is not 
 made; 

    (4) limit access to information collected and maintained by 
 the board and take any other action necessary to protect not 
 public data as defined in section 13.02, subdivision 8a, and 
 protected information, in accordance with the limitations 
 contained in section 115B.35. 

    Subd. 3.    Investigation; obtaining information.  The 
 board may investigate any claim for compensation and for this 
 purpose it may require from the claimant and request from any 
 person information regarding any matter, fact, or circumstance 
 which is relevant to determination of a claim under section 
 115B.33.  In exercising its powers under this subdivision, the 
 board may collect information reasonably calculated to lead to 
 the discovery of evidence admissible under section 115B.35.  The 
 board shall reimburse the person requested to provide 
 information the actual cost of copies of documents, papers, 
 samples, or other tangible items necessary to respond to the 
 request from the board.  In order to obtain this information the 
 board, subject to any applicable privilege, may: 

    (a) request any person to produce documents, papers, books, 
 or other tangible things in the possession, custody, or control 
 of that person; 

    (b) request the sworn testimony of any person as to any 
 relevant fact or opinion; 

    (c) direct written questions to any person and request 
 written answers and objections; 

    (d) request a mental or physical examination of the 
 claimant or autopsy of any deceased person whose death is the 
 basis of the claim, provided that notice is given to the 
 claimant and the claimant receives a copy of the report; and 

    (e) request a waiver of medical privilege by the claimant. 

    The board shall give written notice of any request under 
 this subdivision at least 15 days before the person is expected 
 to comply with the request.  If a person fails or refuses to 
 comply with a request for information relevant to the release of 
 a harmful substance, the board may issue a subpoena for the 
 production of the information and may petition the district 
 court for an order enforcing the subpoena.  If a person fails or 
 refuses to comply with a request for other information relevant 
 to determination of the claim, the board may petition the 
 district court for an order to compel compliance with the 
 request.  If the claimant refuses to comply with a request by 
 the board for information relevant to the claim, the board may 
 dismiss the claim. 

    Subd. 4.    Administrative personnel and services.  The 
 board may appoint an executive director who is not a member of 
 the board.  The executive director is in the unclassified 
 service.  The commissioner of health shall provide staff 
 assistance, administrative services, and office space under a 
 contract with the board.  The board shall reimburse the 
 commissioner for the staff, services, and space provided.  In 
 order to perform its duties, the board may request information 
 from the supervising officer of any state agency or state 
 institution of higher education.  When requesting health data as 
 defined in section 13.38 or sections 144.671 to 144.69, the 
 board must submit a written release signed by the subject of the 
 data or, if the subject is deceased, a representative of the 
 deceased, authorizing release of the data in whole or in part.  
 The supervising officer shall comply with the board's request to 
 the extent possible considering available agency or institution 
 appropriations and may assign agency or institution employees to 
 assist the board in performing its duties under sections 115B.25 
 to 115B.37. 

    HIST: 1Sp1985 c 8 s 7; 1987 c 209 s 1; 1989 c 325 s 42,78; 
 1991 c 199 art 2 s 1