Minnesota Administrative Code

1415.0100 SCOPE AND PURPOSE. This chapter governs all workers' compensation matters in litigation before compensation judges in the Office of Administrative Hearings and administrative conferences conducted at the Workers' Compensation Division of the Department of Labor and Indu…

1415.0300 DEFINITIONS. Subpart 1. Scope. For the purposes of this chapter, the following terms have the meanings given them. Subp. 2. Act. "Act" means the Workers' Compensation Act, Minnesota Statutes, chapter 176. Subp. 3. [Repealed, 29 SR 1448] Subp. 4. [Repealed, 29 SR 1448] S…

1415.0500 LEGAL DOCUMENTS. Forms and documents used or filed in all workers' compensation proceedings before the division or the office must be on white standard size 8-1/2 by 11 inch paper, and must contain the case identifying information required by Minnesota Statutes, section…

1415.0600 EXAMINATION OF WORKERS' COMPENSATION FILES. Persons desiring to examine a file maintained by the division or office shall present a written authorization to inspect the file to designated personnel of the division or office. Files are generally reviewed at the division,…

1415.0700 SERVICE AND FILING. Subpart 1. Service by state. The division and the office must serve all notices, findings, orders, decisions, or awards upon the parties by first class mail at their addresses of record, by personal service, or, if authorized by the recipient, by fac…

1415.0800 NOTICE OF REPRESENTATION. Subpart 1. Filing. When a party is represented by an attorney, written notice of representation must be filed with the division. A notice of representation is not necessary when the attorney files a signed pleading as the attorney for the party…

1415.1000 COMMENCEMENT OF PROCEEDINGS. Subpart 1. Commencement of proceedings. Except for a potential intervenor claim under part 1420.1850, subpart 4, or a request for an administrative conference, or where otherwise provided by law, a proceeding for adjudication of a claim by a…

1415.1100 NOTICE TO POTENTIAL INTERVENORS. Subpart 1. Responsibilities of attorneys. All attorneys, whether representing employees, employers, or any other parties to a workers' compensation proceeding, shall ask their clients whether a third party, other than the workers' compen…

1415.1250 INTERVENTION. Subpart 1. Motion. A person desiring to intervene in a workers' compensation case under this chapter must serve and file a motion or application to intervene within 60 days of notice under part 1415.1100 or, for an expedited hearing, within 30 days of noti…

1415.3200 ATTORNEY FEES. Subpart 1. Controlling statute. Fees for legal services are governed by Minnesota Statutes, sections 176.081 and 176.191. Subp. 2. Withholding of attorney fees. Upon receipt of the notice of representation, the employer and insurer may withhold attorney f…

1415.3300 TAXATION OF COSTS AND DISBURSEMENTS. Subpart 1. When allowed. This part applies to costs in disputed cases. Costs associated with cases settled before hearing may be recovered by agreement in a stipulation or retainer agreement. Subp. 2. Informal request. Before submitt…

1415.3500 EXHIBITS. Subpart 1. Retention and retrieval of exhibits. For purposes of this part, an exhibit is a document or other evidence that is introduced at a hearing and is marked, offered, and accepted into the record by a judge as an exhibit. Exhibits do not become a perman…

1415.3700 ADMINISTRATIVE CONFERENCES. Subpart 1. Scope. This part governs administrative conferences conducted under Minnesota Statutes, sections 176.106 and 176.239. Rehabilitation disputes are also governed by part 5220.0950. Subp. 2. Notice. Unless the issue will be decided on…

1415.3800 MEDICAL DISPUTES. Subpart 1. Definition. For purposes of this part, "medical disputes" means any dispute arising under Minnesota Statutes, sections 176.135, 176.1351, and 176.136, as determined by the division or office under Minnesota Statutes, sections 176.103 and 176…

1415.3900 DISCONTINUANCE CONFERENCES. Subpart 1. Purpose. The purpose of an administrative conference under Minnesota Statutes, section 176.239, is to determine whether reasonable grounds exist for a discontinuance of weekly benefits. If the parties do not reach an agreement on t…

1415.4000 SUBROGATION INTEREST IN THIRD-PARTY RECOVERY. Subpart 1. Determination of subrogation interest by division. Where there is no dispute about the facts or the calculation of the subrogation interest, credit, or sum payable to the employee under Minnesota Statutes, section…

1415.4100 SEVERABILITY. If any provision of this chapter is held to conflict with a governing statute, applicable provisions of the Minnesota Administrative Procedure Act, or other relevant law; to exceed the statutory authority conferred; to lack a reasonable relationship to sta…

1420.0100 SCOPE AND PURPOSE. This chapter governs workers' compensation matters in litigation before the Office of Administrative Hearings. Except for parts 1420.0300 and 1420.3700, this chapter applies to litigation initiated by the filing of a petition and does not apply to adm…

1420.0200 DEFINITIONS. Subpart 1. Scope. For the purposes of this chapter, the following terms have the meanings given them. Subp. 2. Act. "Act" means the Workers' Compensation Act, Minnesota Statutes, chapter 176. Subp. 3. Chief judge. "Chief judge" means the chief administrativ…

1420.0300 PROFESSIONALISM AND CIVILITY. In matters pending at the office, lawyers and judges are expected to conduct themselves with professionalism and civility. Personal courtesy and professional integrity must be the standard for all interactions. The Minnesota Rules of Profes…

1420.1300 JOINDER OF PARTIES. Subpart 1. Motion or amended petition. Upon a motion of a party or upon a judge's own motion, a judge may order the joinder of additional parties necessary for the full adjudication of the case. The petitioner may also join an additional party by fil…

1420.1800 SETTLEMENT CONFERENCES. Subpart 1. Purpose. A settlement conference is for the primary purpose of assisting the parties in resolving the disputes and for the secondary purpose of narrowing the issues and preparing for hearing. Subp. 2. Attendance. All parties, including…

1420.1850 RESOLUTION OF CLAIMS WITH INTERVENORS; HEARINGS. Subpart 1. Stipulations without agreement of all intervenors or potential intervenors. A stipulation for settlement that does not include the agreement of all intervenors or that seeks to preclude rights of potential inte…

1420.1900 PRETRIAL PROCEDURES. Subpart 1. Conference. All cases are subject to a pretrial conference with a judge. All parties shall attend or be represented unless a judge orders otherwise. Subp. 2. Location, notice of conference. A pretrial conference must be conducted by telep…

1420.2050 SETTLEMENT AGREEMENTS. Subpart 1. Contents. Stipulations for settlement must contain, if applicable, a brief statement of the admitted material facts, a statement of the matters in dispute, the positions of the parties and supporting documentation, the matters agreed up…

1420.2150 EXPEDITED PROCEEDINGS. Subpart 1. Expedited hearings. A hearing will be held on an expedited basis only where all required statutory conditions have been met. If the statutory requirements are not met, the matter will be placed on the regular hearing calendar. A hearing…

1420.2200 DISCOVERY. Subpart 1. Demand. Each party shall, within 30 days of a demand by another party, unless a shorter time is indicated by this part, disclose or furnish the following: A. the names and addresses of all known witnesses that a party intends to call at the hearing…

1420.2250 MOTION PRACTICE. Subpart 1. Timing. Unless otherwise provided or due to circumstances occurring just prior to or after a pretrial conference, a motion must be served and filed on or before the date set for a pretrial conference. An adverse party has ten days from the da…

1420.2350 TEMPORARY ORDERS. Subpart 1. Petition. The person or entity seeking to pay or receive payment under a temporary order must file a petition. The petition for temporary order must contain: A. an explanation of the nature of the dispute and an assertion that the claimed be…

1420.2400 PETITIONS FOR CONTRIBUTION OR REIMBURSEMENT. Subpart 1. Contents. Petitions for contribution or reimbursement in cases pending before the office must describe in detail the basis of a claim for contribution or reimbursement against the additional employer, insurer, or t…

1420.2500 CONSOLIDATION. Subpart 1. Authorization. Except as provided in part 1420.2150, consolidation of two or more related cases involving the same employee may be ordered for the purpose of hearing. Consolidation may be ordered upon motion by a party to the judge, or upon the…

1420.2600 REASSIGNMENT AND DISQUALIFICATION. Subpart 1. Disqualification by judge. A judge shall withdraw from participation in a case at any time if the judge deems himself or herself disqualified, prejudiced, or biased for any reason. Subp. 2. Disqualification by a party. A par…

1420.2605 DISPOSITION OF COVERAGE ISSUES. Subpart 1. Motion. If an answer filed under Minnesota Statutes, section 176.321, raises an issue related to independent contractor or employment status, a party may move to bifurcate the issue or issues for immediate and expedited resolut…

1420.2700 SUBPOENAS. Subpoenas may be obtained without charge from the office. The name, address, and telephone number of the party or attorney requesting service of the subpoena must be included on the subpoena before service is tendered in accordance with Minnesota Statutes, se…

1420.2800 CONTINUANCES. Subpart 1. Continuances not favored. Requests for continuances are inconsistent with the requirement that workers' compensation proceedings be expeditious. Continuances are not favored and will be granted only upon a clear showing of good cause. Subp. 2. R…

1420.2900 HEARING. Subpart 1. Notice. A place, date, and time certain will be assigned to each case. Written notice of the hearing will be given as soon as the assigned date is known, but must be given at least 30 days in advance of the hearing, except: A. when notice is waived b…

1420.3150 AMENDED FINDINGS; APPEALS. Subpart 1. Amended findings. Upon issuance of findings and orders after a hearing, the judge's jurisdiction over the case continues until a notice of appeal is filed or the appeal period expires, whichever occurs first. While jurisdiction cont…

1420.3700 SANCTIONS. Subpart 1. Generally. Failure to comply with the order of a judge, or the willful failure to comply with the applicable provisions of this chapter or other applicable law, may subject a party or attorney to any of the following sanctions: A. continuance of th…

1420.3800 SEVERABILITY. If any provision of this chapter is held: to conflict with a governing statute, applicable provisions of the Administrative Procedure Act, Minnesota Statutes, chapter 14, or other relevant law; to exceed the statutory authority conferred; to lack a reasona…

1500.0101 PURPOSE. The purpose of parts 1500.0101 to 1500.1501 is to provide economic protection for the producers and sellers of perishable agricultural products. Statutory Authority: MS s 27.14 History: 16 SR 2441 Published Electronically: February 5, 2007

1500.0201 DEFINITIONS. Subpart 1. Scope. The definitions in this part apply to parts 1500.0101 to 1500.1501. Subp. 2. [Repealed, 46 SR 1308] Subp. 3. Commissioner. "Commissioner" means the commissioner of agriculture or a designee. Subp. 4. Pool. "Pool" means a fund containing co…

1500.0301 SIGNED INVOICE. An invoice that is being treated as a contract under Minnesota Statutes, section 27.01, subdivision 5, must be signed by the buyer of the produce. Statutory Authority: MS s 27.14 History: 16 SR 2441 Published Electronically: February 5, 2007

1500.0401 CASH. Cash, as defined in Minnesota Statutes, section 27.01, subdivision 8, paragraph (c), clause (3), does not include personal or business account checks. Statutory Authority: MS s 27.14 History: 16 SR 2441 Published Electronically: February 5, 2007

1500.0501 PERISHABLE PRODUCTS. Under Minnesota Statutes, section 27.01, subdivision 8, paragraph (c), clause (4), perishable agricultural products protected by the Wholesale Produce Dealers Act include: A. poultry and poultry products; B. milk and milk products that have a shelf …

1500.0901 MEDIATION AND ARBITRATION. Subpart 1. Definitions. The definitions in items A and B apply to this part. A. "Mediation" is a process by which the parties to a dispute jointly explore and resolve all or a part of their differences with the assistance of a neutral person. …

1500.1001 PARENT COMPANY. Subpart 1. Voting power. A corporation, partnership, or association that directly, or indirectly through related entities, owns more than 50 percent of the voting power of the shares entitled to vote for directors of a subsidiary corporation is liable to…

1500.1101 WHOLESALE PRODUCE DEALERS TRUST. Subpart 1. Scope. The requirements of this part cover all transactions existing as of and entered into on or after May 18, 1992, that have been issued under Minnesota Statutes, section 27.137. Subp. 2. Definitions. The definitions in thi…