Minnesota Administrative Code

1400.6800 REQUESTS FOR ADMISSION OF FACTS OR OPINIONS. A party may serve upon any other party a written request for the admission of relevant facts or opinions, or of the application of law to relevant facts or opinions, including the genuineness of any document. The request must…

1400.6900 DEPOSITIONS TO PRESERVE TESTIMONY. Upon the request of any party, the judge may order that the testimony of any witness be taken by deposition to preserve that witness' testimony in the manner prescribed by law for depositions in civil actions. The request shall indicat…

1400.6950 EXCHANGE OF WITNESS LISTS AND EXHIBITS. Subpart 1. Order. Prior to the hearing the judge may, upon a party's request or at the judge's own motion, order the parties by a date certain to: A. exchange a list of all witnesses to be called at the hearing. The list must incl…

1400.7000 SUBPOENAS. Subpart 1. Written request. Requests for subpoenas for the attendance of witnesses or the production of documents, either at a hearing or for the purpose of discovery, shall be made in writing to the judge, shall contain a brief statement demonstrating the po…

1400.7050 SANCTIONS IN DISCRIMINATION CASES. Subpart 1. Precomplaint procedure. If, at any time prior to the issuance of a complaint in any matter pending before the Minnesota Department of Human Rights, the charging party or the respondent believes that the other is intentionall…

1400.7100 RIGHTS AND RESPONSIBILITIES OF PARTIES. Subpart 1. Generally. All parties shall have the right to present evidence, rebuttal testimony, and argument with respect to the issues, and to cross-examine witnesses. Subp. 2. Necessary preparation. A party shall have all eviden…

1400.7150 RIGHTS AND RESPONSIBILITIES OF NONPARTIES. Subpart 1. Offering evidence. With the approval of the judge, any person may offer testimony or other evidence relevant to the case. Any nonparty offering testimony or other evidence may be questioned by parties to the case and…

1400.7200 WITNESSES. Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation. At the request of a party or upon the judge's own motion, the judge shall exclude witnesses from t…

1400.7300 RULES OF EVIDENCE. Subpart 1. Admissible evidence. The judge may admit all evidence which possesses probative value, including hearsay, if it is the type of evidence on which reasonable, prudent persons are accustomed to rely in the conduct of their serious affairs. The…

1400.7400 HEARING RECORD. Subpart 1. Content. The judge shall maintain the official record in each contested case until the issuance of the judge's final report, at which time the record, except for the audiomagnetic recordings of the hearing, shall be sent to the agency. The aud…

1400.7500 CONTINUANCES. Requests for a continuance of a hearing shall be granted upon a showing of good cause. Unless time does not permit, a request for continuance of the hearing shall be made in writing to the judge and shall be served upon all parties of record and the agency…

1400.7600 CERTIFICATION OF MOTIONS TO AGENCY. No motions shall be made directly to or be decided by the agency subsequent to the assignment of a judge and prior to the completion and filing of the judge's report unless the motion is certified to the agency by the judge. No motion…

1400.7700 ADMINISTRATIVE LAW JUDGE'S CONDUCT. Subpart 1. Communication with parties. The judge shall not communicate, directly or indirectly, in connection with any issue of fact or law with any person or party including the agency concerning any pending case, except upon notice …

1400.7800 CONDUCT OF HEARING. In the absence of a specific provision mandating or permitting a closed hearing, all contested case hearings are open to the public. Unless the judge determines that the public interest will be equally served otherwise, the hearing shall be conducted…

1400.7900 PARTICIPATION BY AGENCY. An agency which is a party to a contested case may only participate in the hearing by the giving of testimony and through its designated representative or counsel. Where the agency is not a party and participates in the hearing in a neutral or q…

1400.8000 DISRUPTION OF HEARING. Subpart 1. Cameras. Television, newsreel, motion picture, still, or other cameras, and mechanical recording devices may be operated in the hearing room during the course of the hearing after permission is obtained from the judge and then only purs…

1400.8100 ADMINISTRATIVE LAW JUDGE'S REPORT. Subpart 1. Based on record. No factual information or evidence which is not a part of the record shall be considered by the judge or the agency in the determination of a contested case. Subp. 2. Administrative notice. The judge and age…

1400.8200 AGENCY DECISION. Following receipt of the judge's report, the agency shall proceed to make its final decision in accordance with Minnesota Statutes, sections 14.61 and 14.62 and shall serve a copy of its final order upon the office by first class mail. Statutory Authori…

1400.8300 RECONSIDERATION OR REHEARING. Once a judge has issued a report, unless that report is binding on the agency, the judge loses jurisdiction to amend the report except for clerical or mathematical errors. Unless the report is a final order, binding on the agency, petitions…

1400.8400 EMERGENCY PROCEDURES NOT PREEMPTED. Nothing contained in these rules is intended to preempt, repeal, or be in conflict with any rule or statute which provides for acts by the agency in an emergency or procedure for conduct by the agency in such a situation. Statutory Au…

1400.8401 EXPENSES AND ATTORNEY FEES. Subpart 1. [Repealed, 26 SR 391] Subp. 2. [Repealed, 26 SR 391] Subp. 3. Application. A party seeking an award of expenses and attorney's fees shall submit to the judge an application that shows: A. an itemization of the amount of fees and ex…

1400.8505 SCOPE. Parts 1400.8505 to 1400.8612 govern hearings based on the Revenue Recapture Act, Minnesota Statutes, sections 114C.23; 115.076; 116.072, subdivision 6; 144.991; and 270A.01 to 270A.12; and for other hearings as directed by statute. In addition, parts 1400.8505 to…

1400.8510 DEFINITIONS. Subpart 1. Agency. "Agency" means the public agency for whom the hearing is conducted. Subp. 2. [Repealed, 26 SR 391] Subp. 3. Party. "Party" means each person named as a party by the agency in the notice of hearing or any other persons granted permission t…

1400.8530 WAIVER. Upon request of all parties, the administrative law judge shall waive or modify any of the procedures in parts 1400.8505 to 1400.8612, provided that the waiver or modification does not conflict with any provision of Minnesota Statutes, sections 14.48 to 14.69, o…

1400.8540 ADMINISTRATIVE LAW JUDGE ASSIGNMENT. Subpart 1. Request for assignment. Any agency may order a Revenue Recapture Act hearing by filing with the docket coordinator a request for assignment of an administrative law judge. The request must include a proposed date, time, an…

1400.8545 SERVICE AND FILING PROCEDURE. Subpart 1. Certificate of service. A certificate of service must be made by the person making the service. A certificate of service must bear the name of the person certifying that service has been made, but need not be signed or notarized.…

1400.8550 NOTICE OF HEARING. The agency shall issue the notice of hearing. The notice of hearing shall be served at least 20 days before the hearing. The notice of hearing shall be served upon all parties. The notice shall be worded in clear, nontechnical language and shall conta…

1400.8560 DEFAULT. A default occurs when a party fails to appear without the prior consent of the judge at a prehearing conference, settlement conference, or a hearing. If the agency appears at a hearing but the party against whom the agency intends to take action does not, the a…

1400.8570 INTERVENTION AS PARTY. Subpart 1. Petition. Any person not named in the notice of hearing who desires to participate as a party shall submit a written petition to intervene to the administrative law judge and shall serve a copy of the petition upon all existing parties …

1400.8580 PREHEARING CONFERENCE. The administrative law judge shall hold a prehearing conference prior to the hearing upon request of any party or if the judge determines that a prehearing conference is necessary. The purpose of the prehearing conference is to simplify the issues…

1400.8590 PREHEARING MOTIONS. A party desiring the administrative law judge to issue an order before the hearing or during a continuance in the hearing (other than a request for a continuance or a subpoena) shall make a request to the administrative law judge in writing. The requ…

1400.8600 PREHEARING DISCOVERY. A party may demand that any other party disclose the names and addresses of all witnesses that the other party intends to have testify at the hearing. The demand shall be in writing and shall be directed to the party or the party's attorney. Respon…

1400.8601 SUBPOENAS. Subpart 1. Requests. A party may obtain a subpoena to compel the attendance of a witness or the production of documents by submitting a written request to the administrative law judge. The request shall indicate the name and address of the person upon whom th…

1400.8602 CHANGES IN DATE, TIME, OR PLACE OF HEARING. Subpart 1. Requests. Any party who desires to change the date, time, or place from that announced in the notice of hearing shall contact the other known parties, or their representatives, and seek agreement regarding a new tim…

1400.8603 CONDUCT OF HEARING. The hearing shall be conducted substantially in the following manner: A. The administrative law judge shall open the hearing by reading the title of the case, asking the parties or counsel to note their appearances, and explaining the hearing procedu…

1400.8604 RESPONSIBILITIES AND RIGHTS OF PARTIES. Subpart 1. Necessary preparation. A party shall have all evidence to be presented, both oral and written, available on the date for hearing. Requests for subpoenas, depositions, or continuances shall be made within a reasonable ti…

1400.8605 RESPONSIBILITIES AND RIGHTS OF NONPARTIES. Subpart 1. Offering evidence. Any person may offer testimony or other evidence relevant to the case. Any nonparty offering testimony or other evidence may be questioned by parties to the proceeding. Subp. 2. Questioning witness…

1400.8606 ADMINISTRATIVE LAW JUDGES. Subpart 1. Impartiality. An administrative law judge shall be impartial, objective, and even-handed. If at any time the administrative law judge is unable to conduct any proceeding in an impartial manner, the administrative law judge shall wit…

1400.8607 RULES OF EVIDENCE. Subpart 1. Admissibility. The administrative law judge shall admit all evidence that logically tends to prove or disprove an important fact, including hearsay, if it is the type of evidence on which reasonable, prudent persons are accustomed to rely i…

1400.8608 BURDEN OF PROOF. The party with the burden of proof shall have the burden of supporting its proposed action by a preponderance of the evidence. If another party asserts any affirmative defenses, that party shall have the burden of proving the defense by a preponderance …

1400.8609 HEARING RECORD. Subpart 1. Maintaining. The administrative law judge shall maintain the official record in each case until the issuance of the report, at which time the record, except for the audiomagnetic recordings thereof, shall be sent to the agency. The audiomagnet…

1400.8610 ADMINISTRATIVE LAW JUDGE'S REPORT. Following the close of the hearing record, the administrative law judge shall make a report pursuant to Minnesota Statutes, section 14.50, and, upon completion, a copy of the report shall be served upon all parties. Statutory Authority…

1400.8611 DISRUPTION OF HEARING. Subpart 1. Cameras. Television, newsreel, motion picture, still or other cameras may be operated in the hearing room during the course of the hearing unless the administrative law judge determines that such operation is disrupting the hearing. Sub…

1400.8612 REHEARING. Any agency notice of and order for rehearing shall be served on all parties in the same manner prescribed for the notice of and order for hearing, provided that the administrative law judge shall permit service of the notice of and order for rehearing less th…

1405.0200 DEFINITIONS. Subpart 1. Board. "Board" means the Environmental Quality Board. Subp. 2. Intervenor. "Intervenor" means any person granted permission to intervene in any proceeding pursuant to these rules. Subp. 3. Party. "Party" means the applicant, persons proposing rou…

1405.0300 SCOPE AND PURPOSE. The procedures contained herein shall govern the conduct of all hearings conducted for the Environmental Quality Board involving the siting of large electric power generating plants, the routing of high voltage transmission lines, and to the site and …

1405.0400 ADMINISTRATIVE LAW JUDGES. Subpart 1. Request for assignment. When the board desires to order a hearing under parts 1405.0200 to 1405.2800, it shall first file with the chief administrative law judge a request for assignment of an administrative law judge, together with…