2006 Minnesota Statutes

14.51 PROCEDURAL RULES.
The chief administrative law judge shall adopt rules to govern: (1) the procedural conduct of
all hearings, relating to both rule adoption, amendment, suspension or repeal hearings, contested
case hearings, and workers' compensation hearings, and to govern the conduct of voluntary
mediation sessions for rulemaking and contested cases other than those within the jurisdiction of
the Bureau of Mediation Services; and (2) the review of rules adopted without a public hearing.
The chief administrative law judge may adopt rules to govern the procedural conduct of other
hearings conducted by the Office of Administrative Hearings. The procedural rules shall be
binding upon all agencies and shall supersede any other agency procedural rules with which they
may be in conflict. The procedural rules shall include in addition to normal procedural matters
provisions relating to the procedure to be followed when the proposed final rule of an agency
is substantially different, as determined under section 14.05, subdivision 2, from that which
was proposed. The procedural rules shall establish a procedure whereby the proposed final rule
of an agency shall be reviewed by the chief administrative law judge on the issue of whether
the proposed final rule of the agency is substantially different than that which was proposed or
failure of the agency to meet the requirements of chapter 14. The rules must also provide: (1)
an expedited procedure, consistent with section 14.001, clauses (1) to (5), for the adoption of
substantially different rules by agencies; and (2) a procedure to allow an agency to receive prior
binding approval of its plan regarding the additional notice contemplated under sections 14.101,
14.131, 14.14, 14.22, and 14.23. Upon the chief administrative law judge's own initiative or upon
written request of an interested party, the chief administrative law judge may issue a subpoena for
the attendance of a witness or the production of books, papers, records or other documents as are
material to any matter being heard by the Office of Administrative Hearings. The subpoenas shall
be enforceable through the district court in the district in which the subpoena is issued.
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; 1984 c 640 s 32; 1Sp1985 c 13 s 87; 1986 c
444; 1987 c 384 art 2 s 1; 1995 c 233 art 2 s 31; 2005 c 16 s 3