Subdivision 1. Creation. A state Office of Administrative Hearings is created.
Subd. 2. Chief administrative law judge. 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. The chief administrative law judge may hear cases and shall appoint additional administrative law judges and compensation judges to serve in the office as necessary to fulfill the duties of the Office of Administrative Hearings. 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.
Subd. 3. Administrative law judges and compensation judges. (a) All administrative law judges and compensation judges shall be in the classified service except that the chief administrative law judge shall be in the unclassified service, but may be removed only for cause.
(b) All administrative law judges and workers' compensation judges must be learned in the law and must be free of any political or economic association that would impair their ability to function in a fair and impartial manner. Administrative law judges shall have demonstrated knowledge of administrative procedures and workers' compensation judges shall have demonstrated knowledge of workers' compensation laws.
(c) Only compensation judges shall conduct administrative conferences, hearings, or other workers' compensation proceedings within the jurisdiction of the Office of Administrative Hearings under chapter 176, unless the proceeding is required to be conducted under chapter 14. Conducting hearings in the administrative law area does not affect a workers' compensation judge's job class established pursuant to section 43A.07 or seniority within that job class. The chief administrative law judge shall annually notify the Department of Management and Budget of the amount of credit payable to the workers' compensation special fund for time spent by workers' compensation judges on noncompensation proceedings.
(d) Administrative law judges and compensation judges are subject to the provisions of the Code of Judicial Conduct. Administrative law and compensation judges may, however, serve as a member of a governmental board when so directed by the legislature. The chief administrative law judge shall provide training to administrative law and compensation judges about the requirements of the code and shall apply the provisions of the code to their actions. Only administrative law judges serving as temporary judges under a written contract are considered to be part-time judges for purposes of the code. Reports required to be filed by the code must be filed with the chief administrative law judge. The chief administrative law judge shall apply the provisions of the Code of Judicial Conduct, to the extent applicable, to the other administrative law and compensation judges in a manner consistent with interpretations made by the Board on Judicial Standards. The chief administrative law judge shall follow the procedural requirements of the commissioner's plan for state employees if any adverse personnel action is taken based in whole or in part as a violation of the Code of Judicial Conduct.
(e) In addition to other duties provided by law, workers' compensation and administrative law judges may mediate, arbitrate, or take other appropriate action on matters referred to the Office of Administrative Hearings by any member of the federal or state judicial branch or by the Workers' Compensation Court of Appeals.
Subd. 4. Retired judges. The chief administrative law judge may appoint a retired administrative law judge or compensation judge to hear any proceeding that is properly assignable to an administrative law judge or compensation judge. When a retired administrative law judge or compensation judge undertakes this service, the retired judge shall receive pay and expenses in the amount payable to temporary administrative law judges or compensation judges serving under section 14.49.
1975 c 380 s 16; 1977 c 443 s 9,10; 1980 c 509 s 2; 1980 c 615 s 26-33; 1981 c 346 s 2-6; 1Sp1981 c 4 art 4 s 40; 1982 c 424 s 130; 1983 c 305 s 5; 1984 c 640 s 32; 1Sp1985 c 13 s 86; 1986 c 444; 1987 c 332 s 1; 1995 c 233 art 2 s 30; 2000 c 355 s 1; 1Sp2003 c 1 art 2 s 30; 2009 c 101 art 2 s 109; 2011 c 89 s 1,2; 2012 c 224 s 1
Structure Minnesota Statutes
Chapters 14 - 15A — State Agencies
Chapter 14 — Administrative Procedure
Section 14.001 — Statement Of Purpose.
Section 14.002 — State Regulatory Policy.
Section 14.03 — Nonapplicability.
Section 14.045 — Agencies; Limits On Penalties And Fines.
Section 14.05 — General Authority.
Section 14.055 — Rule Variances; Standards.
Section 14.056 — Rule Variances; Procedures.
Section 14.06 — Required Rules.
Section 14.08 — Approval Of Rule And Rule Form; Costs.
Section 14.09 — Petition For Adoption Of Rule.
Section 14.091 — Petition; Unit Of Local Government.
Section 14.101 — Advice On Possible Rules.
Section 14.111 — Farming Operations.
Section 14.116 — Notice To Legislature.
Section 14.125 — Time Limit On Authority To Adopt, Amend, Or Repeal Rules.
Section 14.126 — Committee Authority Over Rule Adoption.
Section 14.127 — Legislative Approval Required.
Section 14.128 — Effective Date For Rules Requiring Local Implementation.
Section 14.131 — Statement Of Need And Reasonableness.
Section 14.14 — Hearing On Rule.
Section 14.15 — Administrative Law Judge's Report.
Section 14.16 — Adoption Of Rule; Chief Administrative Law Judge; Filing Of Rule.
Section 14.18 — Publication Of Adopted Rule; Effective Date.
Section 14.19 — Deadline To Complete Rulemaking.
Section 14.20 — Approval Of Form.
Section 14.22 — Notice Of Proposed Adoption Of Rules.
Section 14.225 — Dual Notice Rules.
Section 14.23 — Statement Of Need And Reasonableness.
Section 14.24 — Modifications Of Proposed Rule.
Section 14.25 — Public Hearing.
Section 14.26 — Adoption Of Proposed Rule; Submission To Administrative Law Judge.
Section 14.27 — Publication Of Adopted Rule; Effective Date.
Section 14.28 — Approval Of Form.
Section 14.365 — Official Rulemaking Record.
Section 14.366 — Public Rulemaking Docket.
Section 14.37 — Effect Of Publication.
Section 14.38 — Effect Of Adoption Of Rules.
Section 14.381 — Unadopted Rules.
Section 14.385 — Effect Of Nonpublication Of Exempt Rules.
Section 14.386 — Procedure For Adopting Exempt Rules; Duration.
Section 14.388 — Good Cause Exemption.
Section 14.389 — Expedited Process.
Section 14.3895 — Process For Repealing Obsolete Rules.
Section 14.44 — Determination Of Validity Of Rule.
Section 14.45 — Rule Declared Invalid.
Section 14.46 — Publication In State Register.
Section 14.47 — Publication In Compiled Form.
Section 14.48 — Office Of Administrative Hearings.
Section 14.49 — Temporary Administrative Law Judges.
Section 14.50 — Hearings Before Administrative Law Judge.
Section 14.51 — Procedural Rules.
Section 14.52 — Court Reporters; Audio Recordings.
Section 14.53 — Costs Assessed.
Section 14.54 — Administrative Hearings Account.
Section 14.55 — Contracts With Political Subdivisions.
Section 14.56 — Employees Transferred.
Section 14.57 — Initiation; Decision; Agreement To Arbitrate.
Section 14.58 — Notice And Hearing.
Section 14.59 — Informal Disposition.
Section 14.60 — Evidence In Contested Case Hearings.
Section 14.61 — Final Decision In Contested Case.
Section 14.62 — Decisions, Orders.
Section 14.64 — Petition; Service.
Section 14.65 — Stay Of Decision; Stay Of Other Appeals.
Section 14.66 — Transmittal Of Record.
Section 14.67 — New Evidence, Hearing By Agency.