Subdivision 1. Time for review. The assigned administrative law judge must hold a probable cause hearing on the complaint no later than three business days after receiving the assignment if an expedited hearing is required by section 211B.33, except that for good cause the administrative law judge may hold the hearing no later than seven days after receiving the assignment. If an expedited hearing is not required by section 211B.33, the administrative law judge must hold the hearing not later than 30 days after receiving the assignment.
Subd. 2. Disposition. At the probable cause hearing, the administrative law judge must make one of the following determinations:
(a) The complaint is frivolous, or there is no probable cause to believe that the violation of law alleged in the complaint has occurred. If the administrative law judge makes either determination, the administrative law judge must dismiss the complaint.
(b) There is probable cause to believe that the violation of law alleged in the complaint has occurred. If the administrative law judge so determines, the chief administrative law judge must schedule the complaint for an evidentiary hearing under section 211B.35.
Subd. 3. Reconsideration by chief administrative law judge. (a) If the administrative law judge dismisses the complaint, the administrative law judge shall provide to the complainant written notice of the right to seek reconsideration of the decision on the record by the chief administrative law judge.
(b) A petition for reconsideration must be filed within two business days after the dismissal. The chief administrative law judge must make a decision on the petition within three business days after receiving the petition. If the chief administrative law judge determines that the assigned administrative law judge made a clear error of law and grants the petition, within five business days after granting the petition, the chief administrative law judge shall schedule the complaint for an evidentiary hearing under section 211B.35.
2004 c 277 s 9
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.