2003 Minnesota Statutes

     414.12 Director's powers. 

    Subdivision 1.    Alternative dispute resolution.  (a) 
 Notwithstanding anything to the contrary in sections 414.01 to 
 414.09, the director, upon consultation with affected parties 
 and considering the procedures and principles established in 
 sections 414.01 to 414.09, and Laws 1997, chapter 202, article 
 4, sections 1 to 13, may require that disputes over proposed 
 boundary adjustments be resolved by means of alternative dispute 
 resolution processes in place of hearings that would otherwise 
 be required pursuant to sections 414.01 to 414.09, including 
 those provided in chapter 14, in the execution of the director's 
 duties under this chapter. 

    (b) Alternative dispute resolution processes that may be 
 required include: 

    (1) the contested case procedures provided by sections 
 14.57 to 14.62; 

    (2) the mediation and arbitration process provided by 
 sections 572A.015 to 572A.03; or 

    (3) another mediation and arbitration process ordered by 
 the director. 

    Subd. 2.    Delegation of authority.  (a) The director 
 may, with the agreement of the chief administrative law judge, 
 delegate to the office of administrative hearings, in any 
 individual case or group of cases, the director's authority and 
 responsibility to conduct hearings and issue final orders 
 related to the hearings under sections 414.01 to 414.09. 

    (b) In the case of detachment of lands from a municipality, 
 if the parties do not agree to resolve a boundary adjustment 
 matter by mediation or arbitration, then the case shall be 
 referred to an administrative law judge to conduct hearings and 
 issue final orders related to the hearings under sections 414.01 
 to 414.09. 

    Subd. 3.    Cost of proceedings.  (a) The parties to any 
 matter directed to alternative dispute resolution under 
 subdivision 1 or delegated to the Office of Administrative 
 Hearings under subdivision 2 must pay the costs of the 
 alternative dispute resolution process or hearing in the 
 proportions that they agree to. 

    (b) Notwithstanding section 14.53 or other law, the office 
 of strategic and long-range planning is not liable for the costs.

    (c) If the parties do not agree to a division of the costs 
 before the commencement of mediation, arbitration, or hearing, 
 the costs must be allocated on an equitable basis by the 
 mediator, arbitrator, or chief administrative law judge. 

    (d)  The chief administrative law judge may contract with 
 the parties to a matter directed or delegated to the Office of 
 Administrative Hearings under subdivisions 1 and 2 for the 
 purpose of providing administrative law judges and reporters for 
 an administrative proceeding or alternative dispute resolution. 

    (e) The chief administrative law judge shall assess the 
 cost of services rendered as provided by section 14.53. 

    Subd. 4.    Parties.  In this section, "party" means: 

    (1) a property owner, group of property owners, 
 municipality, or township that files an initiating document or 
 timely objection under this chapter; 

    (2) the municipality or township within which the subject 
 area is located; 

    (3) a municipality abutting the subject area; and 

    (4) any other person, group of persons, or governmental 
 agency residing in, owning property in, or exercising 
 jurisdiction over the subject area that files with the director 
 a notice of appearance within 14 days of publication of the 
 notice required by section 414.09. 

    HIST: 1999 c 243 art 16 s 25; 2000 c 446 s 1; 2002 c 223 s 
 26,27