2006 Minnesota Statutes

14.48 OFFICE OF ADMINISTRATIVE HEARINGS.
    Subdivision 1. Creation. A state Office of Administrative Hearings is created.
    Subd. 2. Chief administrative law judge. The office shall be under the direction of a chief
administrative law judge who shall be learned in the law and appointed by the governor, with the
advice and consent of the senate, for a term ending on June 30 of the sixth calendar year after
appointment. Senate confirmation of the chief administrative law judge shall be as provided by
section 15.066. The chief administrative law judge may hear cases and shall appoint additional
administrative law judges and compensation judges to serve in the office as necessary to fulfill the
duties prescribed in chapters 14 and 176. The chief administrative law judge may delegate to a
subordinate employee the exercise of a specified statutory power or duty as deemed advisable,
subject to the control of the chief administrative law judge. Every delegation must be by written
order filed with the secretary of state. The chief administrative law judge is subject to the
provisions of the Minnesota Constitution, article VI, section 6, the jurisdiction of the Board on
Judicial Standards, and the provisions of the Code of Judicial Conduct.
    Subd. 3. Administrative law judges and compensation judges. (a) All administrative
law judges and compensation judges shall be in the classified service except that the chief
administrative law judge shall be in the unclassified service, but may be removed only for cause.
(b) All administrative law judges and workers' compensation judges must be learned in
the law and must be free of any political or economic association that would impair their
ability to function in a fair and impartial manner. Administrative law judges shall have
demonstrated knowledge of administrative procedures and workers' compensation judges shall
have demonstrated knowledge of workers' compensation laws.
(c) The appointment of individuals as workers' compensation judges or as administrative
law judges does not preclude the chief administrative law judge from establishing a system of
training to enable them to acquire demonstrable knowledge and to become qualified to conduct
hearings in the area other than the area of their original appointment. Conducting hearings in the
other area does not affect an administrative law judge's or workers' compensation judge's job class
established pursuant to section 43A.07 or seniority within that job class. The chief administrative
law judge shall annually notify the Department of Finance of the amount of credit payable to
the workers' compensation special fund for time spent by workers' compensation judges on
noncompensation proceedings.
(d) Administrative law judges and compensation judges are subject to the provisions of
the Code of Judicial Conduct. Administrative law and compensation judges may, however,
serve as a member of a governmental board when so directed by the legislature. The chief
administrative law judge shall provide training to administrative law and compensation judges
about the requirements of the code and shall apply the provisions of the code to their actions. Only
administrative law judges serving as temporary judges under a written contract are considered to
be part-time judges for purposes of the code. Reports required to be filed by the code must be
filed with the chief administrative law judge. The chief administrative law judge shall apply the
provisions of the Code of Judicial Conduct, to the extent applicable, to the other administrative
law and compensation judges in a manner consistent with interpretations made by the Board on
Judicial Standards. The chief administrative law judge shall follow the procedural requirements of
the commissioner's plan for state employees if any adverse personnel action is taken based in
whole or in part as a violation of the Code of Judicial Conduct.
(e) In addition to other duties provided by law, workers' compensation and administrative
law judges may mediate, arbitrate, or take other appropriate action on matters referred to the
Office of Administrative Hearings by any member of the federal or state judicial branch or by
the Workers' Compensation Court of Appeals.
    Subd. 4. Mandatory retirement. An administrative law judge and compensation judge
must retire upon attaining age 70. The chief administrative law judge may appoint a retired
administrative law judge or compensation judge to hear any proceeding that is properly assignable
to an administrative law judge or compensation judge. When a retired administrative law judge
or compensation judge undertakes this service, the retired judge shall receive pay and expenses
in the amount payable to temporary administrative law judges or compensation judges serving
under section 14.49.
History: 1975 c 380 s 16; 1977 c 443 s 9,10; 1980 c 509 s 2; 1980 c 615 s 26-33; 1981 c
346 s 2-6; 1Sp1981 c 4 art 4 s 40; 1982 c 424 s 130; 1983 c 305 s 5; 1984 c 640 s 32; 1Sp1985 c
13 s 86; 1986 c 444; 1987 c 332 s 1; 1995 c 233 art 2 s 30; 2000 c 355 s 1; 1Sp2003 c 1 art 2 s 30