Minnesota Administrative Code

1405.0800 PUBLIC PARTICIPATION. At all hearings conducted pursuant to parts 1405.0200 to 1405.2800, all persons will be allowed and encouraged to participate without the necessity of intervening as parties. Such participation shall include, but not be limited to: A. Offering dire…

1405.0900 INTERVENTION AS PARTY. Subpart 1. Petition. Any person desiring to intervene in the hearings as a party shall submit a timely petition to intervene to the administrative law judge and shall serve the petition upon all existing parties. Timeliness will be determined by t…

1405.1000 DISQUALIFICATION OF ADMINISTRATIVE LAW JUDGE. The administrative law judge shall withdraw from participating in the proceedings at any time upon deeming himself or herself disqualified for any reason. Upon the filing in good faith by a person of an affidavit of prejudic…

1405.1100 PREHEARING CONFERENCE. Subpart 1. Purpose. The purpose of the prehearing conference is to simplify the issues to be determined, to obtain stipulations to foundation for testimony or exhibits, to discuss schedules for hearings and other procedural events, and to resolve …

1405.1200 DEPOSITIONS TO PRESERVE TESTIMONY. Upon the request of any person, the administrative law judge may order that the testimony of any witness be taken by deposition to preserve the testimony in the manner prescribed by law for depositions in civil actions. The request sha…

1405.1300 SUBPOENAS. Subpart 1. Written request for subpoena. Requests for subpoenas for the attendance of witnesses or the production of documents shall be made in writing to the administrative law judge and shall contain a brief statement demonstrating the potential relevance o…

1405.1400 CONDUCT OF HEARING. The proceedings shall be conducted substantially in the following manner. After opening the hearing, the administrative law judge shall indicate the procedural rules for the hearing including, but not limited to, the following: A. all persons may pre…

1405.1500 SEQUENCE OF PROCEEDINGS. Subpart 1. Recess. All hearings shall recess at 11:00 p.m. unless the administrative law judge determines that the public interest will best be served in any given hearing by continuing the hearing beyond 11:00 p.m. The administrative law judge …

1405.1600 REPRESENTATION OF STATE AGENCIES. Any state agency which participates in the proceedings as a party may only participate through its designated representative or counsel. Exceptions to this rule may be allowed at the discretion of the administrative law judge for good c…

1405.1700 RULES OF EVIDENCE. Subpart 1. Right to present evidence. All persons shall have the right to present evidence, rebuttal testimony, and argument with respect to the issues and to cross-examine witnesses. Subp. 2. Witnesses. Any person may be a witness or present witnesse…

1405.1800 HEARING RECORD. Subpart 1. Preparation. Pursuant to Minnesota Statutes, sections 14.045 to 14.36, the Office of Administrative Hearings, upon certification of the official record of the case by the board to it, shall prepare and maintain the official record in each proc…

1405.1900 PREFILED TESTIMONY. Subpart 1. Preparing and filing. All direct testimony to be offered by any party proposing a route or site shall be prepared in advance in question and answer form and shall be filed 14 days prior to the first hearing date in the following manner: A.…

1405.2000 AVAILABILITY OF WITNESSES. All witnesses who offer prefiled direct testimony in compliance with part 1405.1900 shall be available for questioning by interested persons at each hearing date and place. In the event a witness cannot be available throughout the hearing proc…

1405.2100 CONTINUANCES. During a hearing, if it appears in the interest of justice that further testimony should be received, the administrative law judge, in the judge's discretion, may continue the hearing to a future date and such oral notice on the record may be sufficient. S…

1405.2200 MOTIONS. No motions shall be made directly to or be decided by the board subsequent to the appointment of an administrative law judge and prior to the completion and filing of the administrative law judge's report unless the motion is certified to the board by the admin…

1405.2300 DISRUPTION OF HEARING. Subpart 1. Cameras. Television, newsreel, motion picture, still, or other cameras shall be operated in a manner as not to disrupt the hearing. The administrative law judge may limit operation if disruption occurs. Subp. 2. Other conduct. Pursuant …

1405.2400 ADMINISTRATIVE LAW JUDGE'S REPORT. Subpart 1. Basis for determination. No factual information or evidence, except tax returns and tax reports, which is not a part of the record shall be considered by the administrative law judge or the board in the determination of a he…

1405.2500 BOARD DECISION. Following receipt of the administrative law judge's report, the board shall proceed to make its final decision in accordance with Minnesota Statutes, chapters 14 and 116C. Statutory Authority: MS s 116C.66; 216E.16 History: L 1984 c 640 s 32 Published El…

1405.2600 REHEARING. A rehearing pursuant to board order shall be commenced in the same manner as set forth for commencement of proceeding in part 1405.0500. The rehearing shall be conducted in the same manner prescribed for a hearing. Statutory Authority: MS s 116C.66; 216E.16 P…

1405.2700 EMERGENCY PROCEDURES. Any hearings held pursuant to Minnesota Statutes, section 216E.06, to determine if an emergency exists shall be governed by the contested case procedures contained in parts 1400.5100 to 1400.8500. If the board finds that an emergency does exist, th…

1405.5100 [Renumbered 1400.8510] Published Electronically: August 21, 2007

1405.5200 [Renumbered 1400.8520] Published Electronically: August 21, 2007

1405.5300 [Renumbered 1400.8530] Published Electronically: August 21, 2007

1405.5400 [Renumbered 1400.8540] Published Electronically: August 21, 2007

1405.5500 [Renumbered 1400.8550] Published Electronically: August 21, 2007

1405.5600 [Renumbered 1400.8560] Published Electronically: August 21, 2007

1405.5700 [Renumbered 1400.8570] Published Electronically: August 21, 2007

1405.5800 [Renumbered 1400.8580] Published Electronically: August 21, 2007

1405.5900 [Renumbered 1400.8590] Published Electronically: August 21, 2007

1405.6000 [Renumbered 1400.8600] Published Electronically: August 21, 2007

1405.6100 [Renumbered 1400.8601] Published Electronically: August 21, 2007

1405.6200 [Renumbered 1400.8602] Published Electronically: August 21, 2007

1405.6300 [Renumbered 1400.8603] Published Electronically: August 21, 2007

1405.6400 [Renumbered 1400.8604] Published Electronically: August 21, 2007

1405.6500 [Renumbered 1400.8605] Published Electronically: August 21, 2007

1405.6600 [Renumbered 1400.8606] Published Electronically: August 21, 2007

1405.6700 [Renumbered 1400.8607] Published Electronically: August 21, 2007

1405.6800 [Renumbered 1400.8608] Published Electronically: August 21, 2007

1405.6900 [Renumbered 1400.8609] Published Electronically: August 21, 2007

1405.7000 [Renumbered 1400.8610] Published Electronically: August 21, 2007

1405.7100 [Renumbered 1400.8611] Published Electronically: August 21, 2007

1405.7200 [Renumbered 1400.8612] Published Electronically: August 21, 2007

1405.7300 [Renumbered 1400.8613] Published Electronically: August 21, 2007

1408.0010 SCOPE. The provisions of this chapter apply to all proceedings conducted by the Office of Administrative Hearings involving sanitary districts formed under Minnesota Statutes, chapter 442A, and sanitary districts previously formed under Minnesota Statutes 2012, sections…

1408.0020 SERVICE AND FILING PROCEDURES. Subpart 1. Service and filing; electronic notifications and filings permitted. The provisions of part 1400.5550 apply to service and filing. In addition, petitioners and other parties may provide required notifications and filings to the O…

1408.0030 COST OF PUBLICATIONS AND MAILINGS. The petitioners must pay the costs of all publications and mailings required to be made by the Office of Administrative Hearings by Minnesota Statutes, chapter 442A. The administrative law judge shall identify the amounts and order pay…

1408.0040 INTERVENTION. Subpart 1. Petition. A person who desires to intervene as a party in a contested case proceeding relating to the creation, annexation, detachment, or dissolution of a sanitary district shall submit to the judge a timely written petition to intervene. The p…