Administrative Law

ADMINISTRATIVE LAW

Prepared by:

Jessica L. Webster, Staff Attorney
Legal Services Advocacy Project
651-842-6902
jlwebster@mnlsap.org
and
Ron Elwood, Supervising Attorney
Legal Services Advocacy Project
651-842-6909
relwood@mnlsap.org

I. DEPARTMENT OF HUMAN SERVICES (DHS) FAIR HEARINGS
Chapter 107, Article 1 (HF 975)
Amends Minn. Stat. §§ 256.045, subds. 1, 3, 4, and 5; and 256.0451, subds. 5, 13, 22, and 24
Various Effective Dates

A. Judges

1. Qualifications
Clarifies that DHS judges must be Minnesota licensed attorneys.
Amends Minn. Stat. § 256.045, subd. 1

Effective July 1, 2013

2. Title
Instructs the Revisor to substitute throughout Minnesota Statute the title Human Services Judge for the titles: (1) Appeals Examiner; (2) Human Services Referee; and (3) Referee.
Uncodified Section

B. Pre-Hearing Conferences
Allows DHS judges to make and issue rulings while an appeal is pending, subject
to reconsideration or appeal as part of the final decision.
Amends Minn. Stat. § 256.0451, subd. 5
Effective August 1, 2013

C. Hearings

1. By Video Technology
Allows a DHS judge to hold hearings by interactive video technology, but requires an in-person hearing if the appellant or a witness has a condition that substantially impairs the person's ability to participate using the technology.
Amends Minn. Stat. § 256.045, subd. 4
Effective August 1, 2013

2. Failure to Appear
Allows an individual whose appeal was dismissed for failure to appear to show good cause for the failure appear by submitting written information within 10 working days of the dismissal.
Amends Minn. Stat. § 256.0451, subd. 13
Effective August 1, 2013

D. Reconsiderations
Places the burden on the aggrieved party to show why a matter should be reconsidered. Allows submission of supporting evidence, but requires explanation as to why additional evidence was not presented at the initial hearing. Requires, upon grant of the reconsideration, other parties to be given: (1) all materials submitted to support reconsideration; and (2) 10 days to respond.
Amends Minn. Stat. § 256.045, subd. 5
Effective August 1, 2013

E. Appeals
Clarifies that appeal requests must be filed within 30 days of receipt of written notice of an agency action. Allows an extension to 90 days with good cause, but places burden on the individual to make a showing. Requires suspension of the fair hearing in cases involving child or vulnerable adult maltreatment if a district court case is pending.
Amends Minn. Stat. § 256.045, subd. 3
Effective August 1, 2013

F. Maltreatment and Disqualification Cases
Provides that the 90-day period for issuing a final ruling does not begin in maltreatment and disqualification cases until the later of the date: (1) the licensing authority has provided written notice of a final determination; or (2) the appellant files the last appeal in consolidated matters.
Amends Minn. Stat. § 256.0451, subd. 22
Effective August 1, 2013

II. SERVICE OF PETITION FOR JUDICIAL REVIEW OF CONTESTED CASE DECISION
Chapter 56 (HF 1120)
Amends Minn. Stat. § 14.63

Effective August 1, 2013, and applies to an appeal of a final decision in a contested case rendered on or after that date. Requires a petition for a writ of certiorari for judicial review of a contested case decision to be served all parties to the contested case.

Note: Under current law, service was required only on the agency.