Subdivision 1. Appeal procedure. If the commissioner has assessed a penalty against a party subject to this chapter and the party believes the penalty is not warranted, the party may request that a formal hearing be held on the matter. The request must be filed within 30 days of the date that the penalty assessment is served on the party. Upon receipt of a timely request for a hearing the commissioner shall refer the matter to the chief administrative law judge for assignment to a compensation judge or administrative law judge.
The chief administrative law judge shall keep a record of the proceeding and provide a record pursuant to section 176.421.
The decision of the compensation judge or administrative law judge shall be final and shall be binding and enforceable. The decision may be appealed to the Workers' Compensation Court of Appeals.
Subd. 2. Exception. This section does not apply to penalties for which another appeal procedure is provided, including but not limited to penalties imposed pursuant to section 176.102 or 176.103.
Subd. 3. Hearing costs. For purposes of this section, a hearing before an administrative law judge shall be treated in the same manner as a hearing before a compensation judge and no costs may be charged to the commissioner for the hearing, regardless of who hears it.
1983 c 290 s 167; 1984 c 432 art 2 s 51; 1984 c 640 s 32
Structure Minnesota Statutes
Chapters 175 - 186 — Labor, Industry
Chapter 176 — Workers' Compensation
Section 176.001 — Intent Of The Legislature.
Section 176.011 — Definitions.
Section 176.021 — Application To Employers And Employees.
Section 176.031 — Employer's Liability Exclusive.
Section 176.041 — Excluded Employments; Application, Exceptions, Election Of Coverage.
Section 176.043 — Trucking And Messenger/courier Industries; Independent Contractors.
Section 176.051 — Assumption Of Liability; Farm And Household Workers.
Section 176.061 — Third-party Liability.
Section 176.071 — Joint Employers; Contribution.
Section 176.081 — Legal Services Or Disbursements; Lien; Review.
Section 176.091 — Minor Employees.
Section 176.092 — Guardian; Conservator.
Section 176.095 — Legislative Findings.
Section 176.101 — Compensation Schedule.
Section 176.102 — Rehabilitation.
Section 176.103 — Medical Health Care Review.
Section 176.104 — Rehabilitation Prior To Determination Of Liability.
Section 176.105 — Commissioner To Establish Disability Schedules.
Section 176.106 — Administrative Conference.
Section 176.107 — Teleconferences.
Section 176.108 — Light-duty Work Pools.
Section 176.111 — Dependents, Allowances.
Section 176.121 — Commencement Of Compensation.
Section 176.129 — Creation Of Special Compensation Fund.
Section 176.1292 — Forbearance Of Amounts Owed To The Special Compensation Fund.
Section 176.130 — Targeted Industry Fund; Loggers.
Section 176.1321 — Effective Date Of Benefit Changes.
Section 176.1361 — Testimony Of Providers.
Section 176.1362 — Inpatient Hospital Payment.
Section 176.1363 — Ambulatory Surgical Center Payment.
Section 176.1364 — Workers' Compensation Hospital Outpatient Fee Schedule.
Section 176.1365 — Outpatient Billing, Payment, And Dispute Resolution.
Section 176.137 — Remodeling Of Residence; Disabled Employees.
Section 176.138 — Medical Data; Access.
Section 176.1812 — Collective Bargaining Agreements.
Section 176.182 — Business Licenses Or Permits; Coverage Required.
Section 176.184 — Inspections; Enforcement.
Section 176.185 — Policy Of Insurance.
Section 176.186 — Records From Other State Agencies.
Section 176.191 — Dispute Between Two Or More Employers Or Insurers Regarding Liability.
Section 176.192 — Bomb Disposal Unit Employees.
Section 176.645 — Adjustment Of Benefits.
Section 176.651 — Severability.
Section 176.66 — Occupational Diseases; How Regarded.
Section 176.82 — Action For Civil Damages For Obstructing Employee Seeking Benefits.
Section 176.135 — Treatment; Appliances; Supplies.
Section 176.1351 — Managed Care.
Section 176.136 — Medical Fee Review.
Section 176.139 — Notice Of Rights Posted.
Section 176.141 — Notice Of Injury.
Section 176.145 — Service Of Notice, Form.
Section 176.235 — Notice To Employers And Injured Employee Of Rights And Duties.
Section 176.238 — Notice Of Discontinuance Of Compensation.
Section 176.151 — Time Limitations.
Section 176.155 — Examinations.
Section 176.161 — Alien Dependents.
Section 176.165 — Lump-sum Payments.
Section 176.171 — Payment To Trustee.
Section 176.175 — Right To Compensation, Award.
Section 176.221 — Payment Of Compensation And Treatment Charges, Commencement.
Section 176.222 — Report On Collection And Assessment Of Fines And Penalties.
Section 176.223 — Prompt First Action Report.
Section 176.225 — Additional Award As Penalty.
Section 176.179 — Recovery Of Overpayments.
Section 176.194 — Prohibited Practices.
Section 176.195 — Revocation Of Insurer's License.
Section 176.201 — Discriminatory Rates.
Section 176.205 — Person Deemed Employer.
Section 176.211 — Acts Or Omissions Of Third Persons.
Section 176.215 — Subcontractor's Failure To Comply With Chapter.
Section 176.231 — Report Of Death Or Injury To Commissioner Of Department Of Labor And Industry.
Section 176.234 — Release Of Data For Epidemiologic Study.
Section 176.239 — Administrative Decision Concerning Discontinuance Of Compensation.
Section 176.245 — Receipts For Payment Of Compensation, Filing.
Section 176.251 — Duties Of Commissioner Of Department Of Labor And Industry.
Section 176.253 — Insurer, Employer, And Third-party Administrator; Performance Of Acts.
Section 176.2612 — Workers' Compensation Claims Access And Management Platform User System (campus).
Section 176.271 — Initiation Of Proceedings.
Section 176.275 — Filing Of Papers; Proof Of Service.
Section 176.281 — Orders, Decisions, And Awards; Filing; Service.
Section 176.285 — Service Of Papers And Notices; Electronic Filing.
Section 176.291 — Disputes; Petitions; Procedure.
Section 176.295 — Nonresident Employers; Foreign Corporation.
Section 176.301 — Determination Of Issues.
Section 176.305 — Petitions Filed With Workers' Compensation Division.
Section 176.306 — Scheduled Hearings.
Section 176.307 — Compensation Judges; Block System.
Section 176.311 — Reassignment Of Petition For Hearing.
Section 176.312 — Affidavits Of Prejudice And Petitions For Reassignment.
Section 176.321 — Answer To Petition.
Section 176.322 — Decisions Based On Stipulated Facts.
Section 176.325 — Certified Question.
Section 176.331 — Proceedings When Answer Not Filed.
Section 176.341 — Hearing On Petition.
Section 176.351 — Testimonial Powers.
Section 176.361 — Intervention.
Section 176.371 — Award Or Disallowance Of Compensation.
Section 176.381 — Reference Of Questions Of Fact.
Section 176.391 — Investigations.
Section 176.401 — Hearings Public.
Section 176.411 — Rules Of Evidence, Pleading, And Procedure.
Section 176.421 — Appeals To Workers' Compensation Court Of Appeals.
Section 176.442 — Appeals From Decisions Of Commissioner.
Section 176.461 — Setting Aside Award.
Section 176.471 — Review By Supreme Court On Certiorari.
Section 176.481 — Original Jurisdiction Of Supreme Court.
Section 176.491 — Stay Of Proceedings Pending Disposition Of Case.
Section 176.521 — Settlement Of Claims.
Section 176.522 — Notice To Employer.
Section 176.531 — Award Of Compensation Against A Political Subdivision Or School District.
Section 176.541 — State Departments.
Section 176.571 — Investigations Of Injuries To State Employees.
Section 176.572 — Contract With Insurance Carriers.
Section 176.581 — Payment To State Employees.
Section 176.591 — State Compensation Revolving Fund.
Section 176.603 — Cost Of Administering Chapter, Payment.
Section 176.611 — Maintenance Of State Compensation Revolving Fund.
Section 176.84 — Specificity Of Notice Or Statement.
Section 176.85 — Penalties; Appeals.