A bill for an act
relating to administrative law; making technical and policy changes to the
Administrative Procedure Act and Office of Administrative Hearings provisions;
amending Minnesota Statutes 2022, sections 14.05, subdivision 7; 14.08; 14.16,
subdivision 3; 14.26, subdivision 3a; 14.386; 14.388, subdivision 2; 14.3895,
subdivisions 2, 6; 14.48, subdivision 2; 14.62, subdivision 2a; 15A.083, subdivision
6a; 211B.33, subdivision 2; 211B.34, subdivisions 1, 2; 211B.35, subdivisions 1,
3; proposing coding for new law in Minnesota Statutes, chapters 13; 14; repealing
Minnesota Statutes 2022, section 211B.06.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
new text begin
(a) For purposes of this section, the terms have the meanings
given.
new text end
new text begin
(b) "Administrative courts" means the Office of Administrative Hearings, Tax Court,
and Workers' Compensation Court of Appeals.
new text end
new text begin
(c) "Court services" include hearings, settlement conferences, mediation, and the writing
of decisions and orders.
new text end
new text begin
(d) "Health-related documents and data" means records, reports, or affidavits created
by medical, health care, or scientific professionals that relate to the past, present, or future
physical or mental health or condition of an individual, including but not limited to medical
history, examinations, diagnoses and treatment, prepetition screening reports, court-appointed
examiner reports, and any other documents or data designated by the administrative court
as health-related.
new text end
new text begin
All notes and memoranda or drafts thereof prepared
by a judge or employee of an administrative court and used in providing a court service are
confidential or protected nonpublic data.
new text end
new text begin
Health-related documents and data
included in a court file are private data on individuals.
new text end
new text begin
Not public data as defined in section 13.02,
subdivision 8a, may be disclosed orally during an administrative court proceeding or in
written motions, affidavits, memoranda of law, orders, or decisions when the discussion is
necessary and relevant to a legal matter or issue.
new text end
Minnesota Statutes 2022, section 14.48, subdivision 2, is amended to read:
new text begin (a) new text end The office shall be under the direction of
a chief administrative law judge who shall be learned in the law and appointed by the
governor, with the advice and consent of the senate, for a term ending on June 30 of the
sixth calendar year after appointment. Senate confirmation of the chief administrative law
judge shall be as provided by section 15.066.
new text begin (b) new text end The chief administrative law judge may hear cases andnew text begin , in accordance with chapter
43A,new text end shall appoint new text begin a deputy chief judge and new text end additional administrative law judges and
compensation judges to serve in the office as necessary to fulfill the duties of the Office of
Administrative Hearings.
new text begin (c) new text end The chief administrative law judge may delegate to a subordinate employee the
exercise of a specified statutory power or duty as deemed advisable, subject to the control
of the chief administrative law judge. Every delegation must be by written order filed with
the secretary of state. The chief administrative law judge is subject to the provisions of the
Minnesota Constitution, article VI, section 6, the jurisdiction of the Board on Judicial
Standards, and the provisions of the Code of Judicial Conduct.
new text begin
(d) If a vacancy in the position of chief administrative law judge occurs, an acting or
temporary chief administrative law judge must be named as follows:
new text end
new text begin
(1) at the end of the term of a chief administrative law judge, the incumbent chief
administrative law judge may, at the discretion of the appointing authority, serve as acting
chief administrative law judge until a successor is appointed; and
new text end
new text begin
(2) if at the end of a term of a chief administrative law judge the incumbent chief
administrative law judge is not designated as acting chief administrative law judge, or if a
vacancy occurs in the position of chief administrative law judge, the deputy chief judge
shall immediately become temporary chief administrative law judge without further official
action.
new text end
new text begin
(e) The appointing authority of the chief administrative law judge may appoint a person
other than the deputy chief judge to serve as temporary chief administrative law judge and
may replace any other acting or temporary chief administrative law judge designated pursuant
to paragraph (d), clause (1) or (2).
new text end
new text begin
The chief administrative law judge may enter contracts with interpreters identified by
the Supreme Court through the Court Interpreter Program. Interpreters may be utilized as
the chief administrative law judge directs. These contracts are not subject to the requirements
of chapters 16B and 16C.
new text end
Minnesota Statutes 2022, section 14.62, subdivision 2a, is amended to read:
Unless otherwise
provided by law, the report or order of the administrative law judge constitutes the final
decision in the case unless the agency modifies or rejects it under subdivision 1 within 90
days after the record of the proceeding closes under section 14.61. When the agency fails
to act within 90 days on a licensing case, the agency must return the record of the proceeding
to the administrative law judge for consideration of disciplinary action. In all contested
cases where the report or order of the administrative law judge constitutes the final decision
in the case, the administrative law judge shall issue findings of fact, conclusions, and an
order within 90 days after the hearing record closes under section 14.61. Upon a showing
of good cause by a party or the agency, the chief administrative law judge may order a
reasonable extension of either of the two 90-day deadlines specified in this subdivision.new text begin
The 90-day deadline will be tolled while the chief administrative law judge considers a
request for reasonable extension so long as the request was filed and served within the
applicable 90-day period.
new text end
Minnesota Statutes 2022, section 15A.083, subdivision 6a, is amended to read:
The salary of the chief administrative
law judge is 98.52 percent of the salary of a chief district court judge. The salaries of the
deleted text begin assistant chief administrative law judge and administrative law judge supervisorsdeleted text end new text begin deputy
chief judge and judge supervisors employed by the Office of Administrative Hearings new text end are
100 percent of the salary of a district court judge. The salary of an administrative law judge
employed by the Office of Administrative Hearings is 98.52 percent of the salary of a district
court judge as set under section 15A.082, subdivision 3.
Minnesota Statutes 2022, section 14.05, subdivision 7, is amended to read:
An agency deleted text begin maydeleted text end new text begin mustnew text end file rule-related
documents with the Office of Administrative Hearings by electronic transmission in the
manner approved by that office deleted text begin anddeleted text end new text begin . An agency may file rule-related documents withnew text end the
Office of the Revisor of Statutes by electronic transmission in the manner approved by that
office.
Minnesota Statutes 2022, section 14.08, is amended to read:
(a) One copy of a rule adopted under section 14.26 must be submitted by the agency to
the chief administrative law judge. The chief administrative law judge shall request from
the revisor certified copies of the rule when it is submitted by the agency under section
14.26. Within five new text begin working new text end days after the request for certification of