Subdivision 1. Time for review. The chief administrative law judge must randomly assign an administrative law judge to review the complaint. Within one business day after the complaint was filed with the office, when practicable, but never longer than three business days, the administrative law judge must make a preliminary determination for its disposition.
Subd. 2. Recommendation. (a) If the administrative law judge determines that the complaint does not set forth a prima facie violation of chapter 211A or 211B, the administrative law judge must dismiss the complaint.
(b) If the administrative law judge determines that the complaint sets forth a prima facie violation of section 211B.06 and was filed within 60 days before the primary or special election or within 90 days before the general election to which the complaint relates, the administrative law judge must conduct an expedited probable cause hearing under section 211B.34.
(c) If the administrative law judge determines that the complaint sets forth a prima facie violation of a provision of chapter 211A or 211B, other than section 211B.06, and that the complaint was filed within 60 days before the primary or special election or within 90 days before the general election to which the complaint relates, the administrative law judge, on request of any party, must conduct an expedited probable cause hearing under section 211B.34.
(d) If the administrative law judge determines that the complaint sets forth a prima facie violation of chapter 211A or 211B, and was filed more than 60 days before the primary or special election or more than 90 days before the general election to which the complaint relates, the administrative law judge must schedule an evidentiary hearing under section 211B.35.
Subd. 3. Notice to parties. The office must notify all parties of the determination made under subdivision 2. If the complaint is scheduled for hearing, the notice must identify the time and place of the hearing and inform all parties that they may submit evidence, affidavits, documentation, and argument for consideration by the administrative law judge.
Subd. 4. Joinder and separation of complaints. The chief administrative law judge may direct that two or more complaints be joined for disposition if the chief administrative law judge determines that the allegations in each complaint are of the same or similar character, are based on the same act or failure to act, or are based on two or more acts or failures to act constituting parts of a common scheme or plan. If one complaint contains two or more allegations, the chief administrative law judge may separate the allegations, if they are not of the same or similar character, if they are not based on the same act or failure to act, or if they are not based on two or more acts or failures to act constituting parts of a common scheme or plan. If the chief administrative law judge separates the allegations in a complaint, the assigned administrative law judge or judges may make separate recommendations under subdivision 2 for each allegation.
2004 c 277 s 8
Structure Minnesota Statutes
Chapters 200 - 212 — Elections
Chapter 211B — Fair Campaign Practices
Section 211B.01 — Definitions.
Section 211B.02 — False Claim Of Support.
Section 211B.03 — Use Of The Term Reelect.
Section 211B.04 — Campaign Material Must Include Disclaimer.
Section 211B.045 — Noncommercial Signs Exemption.
Section 211B.05 — Paid Advertisements In News.
Section 211B.06 — False Political And Campaign Material.
Section 211B.07 — Undue Influence On Voters Prohibited.
Section 211B.08 — Solicitation Of Contributions Prohibited.
Section 211B.09 — Prohibited Public Employee Activities.
Section 211B.10 — Inducing Or Refraining Candidacy; Time Off For Public Office Meetings.
Section 211B.11 — Election Day Prohibitions.
Section 211B.12 — Legal Expenditures.
Section 211B.13 — Bribery, Treating, And Solicitation.
Section 211B.14 — Digest Of Laws.
Section 211B.15 — Corporate Political Contributions.
Section 211B.16 — Prosecution.
Section 211B.17 — Forfeiture Of Nomination Or Office; Circumstances Where Not Forfeited.
Section 211B.18 — Disqualified Candidate Not To Hold Various Positions.
Section 211B.19 — Penalties For Violation.
Section 211B.20 — Denial Of Access By Political Candidates To Multiple Unit Dwellings.
Section 211B.205 — Participation In Public Parades.
Section 211B.21 — Applicability.
Section 211B.32 — Complaints Of Unfair Campaign Practices.
Section 211B.33 — Prima Facie Review.
Section 211B.34 — Probable Cause Hearing.