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211B.33 PRIMA FACIE REVIEW.
    Subdivision 1. Time for review. The chief administrative law judge must randomly assign
an administrative law judge to review the complaint. Within one business day after the complaint
was filed with the office, when practicable, but never longer than three business days, the
administrative law judge must make a preliminary determination for its disposition.
    Subd. 2. Recommendation. (a) If the administrative law judge determines that the complaint
does not set forth a prima facie violation of chapter 211A or 211B, the administrative law judge
must dismiss the complaint.
(b) If the administrative law judge determines that the complaint sets forth a prima facie
violation of section 211B.06 and was filed within 60 days before the primary or special election or
within 90 days before the general election to which the complaint relates, the administrative law
judge must conduct an expedited probable cause hearing under section 211B.34.
(c) If the administrative law judge determines that the complaint sets forth a prima facie
violation of a provision of chapter 211A or 211B, other than section 211B.06, and that the
complaint was filed within 60 days before the primary or special election or within 90 days before
the general election to which the complaint relates, the administrative law judge, on request of
any party, must conduct an expedited probable cause hearing under section 211B.34.
(d) If the administrative law judge determines that the complaint sets forth a prima facie
violation of chapter 211A or 211B, and was filed more than 60 days before the primary or special
election or more than 90 days before the general election to which the complaint relates, the
administrative law judge must schedule an evidentiary hearing under section 211B.35.
    Subd. 3. Notice to parties. The office must notify all parties of the determination made
under subdivision 2. If the complaint is scheduled for hearing, the notice must identify the
time and place of the hearing and inform all parties that they may submit evidence, affidavits,
documentation, and argument for consideration by the administrative law judge.
    Subd. 4. Joinder and separation of complaints. The chief administrative law judge may
direct that two or more complaints be joined for disposition if the chief administrative law judge
determines that the allegations in each complaint are of the same or similar character, are based
on the same act or failure to act, or are based on two or more acts or failures to act constituting
parts of a common scheme or plan. If one complaint contains two or more allegations, the chief
administrative law judge may separate the allegations, if they are not of the same or similar
character, if they are not based on the same act or failure to act, or if they are not based on
two or more acts or failures to act constituting parts of a common scheme or plan. If the chief
administrative law judge separates the allegations in a complaint, the assigned administrative law
judge or judges may make separate recommendations under subdivision 2 for each allegation.
History: 2004 c 277 s 8

Official Publication of the State of Minnesota
Revisor of Statutes