Minn. R. agency 104, ch. 1400, REVENUE RECAPTURE ACT HEARINGS, pt. 1400.8550 - NOTICE OF HEARING

The agency shall issue the notice of hearing. The notice of hearing shall be served at least 20 days before the hearing. The notice of hearing shall be served upon all parties. The notice shall be worded in clear, nontechnical language and shall contain, at a minimum, the following:

A. the time, date, and place for the hearing or prehearing conference;

B. the name, address, and telephone number of the administrative law judge;

C. a statement of the allegations or issues to be determined at the hearing, together with a citation to any relevant statutes and rules. Each alleged violation of statute or rule shall be noted;

D. a citation to the statutory authority to hold the hearing and to take the action proposed;

E. a citation to these rules, and notification of how copies may be obtained in print or online;

F. a brief description of the procedure to be followed at the hearing;

G. the name, address, and telephone number of the agency representative to be contacted to discuss informal disposition of the dispute, along with an explanation of the types of informal disposition that the agency might consider;

H. notification that a party need not be represented by an attorney but may choose to be represented by an attorney or by any other person;

I. notification that the agency will, upon request, make an accommodation so that the hearing location is accessible and will appoint a qualified interpreter if necessary;

J. a statement advising the parties to bring to the hearing all documents, records, and witnesses they need to present their position; in addition, a statement that subpoenas may be available to compel the attendance of witnesses or the production of documents and a reference to part 1400.8601 relating to subpoenas;

K. a statement advising parties that failure to appear at the hearing or prehearing conference will result in the allegations of the notice being taken as true, and a statement which explains the possible results if the allegations are taken as true; and

L. a statement advising the parties that state agencies are required by law to keep some data not public, that parties are required to advise the judge if not public data is offered into the record, and that if not public data is admitted into evidence it may become public unless a party objects and asks for relief under Minnesota Statutes, section 14.60, subdivision 2.

Notes

Minn. R. agency 104, ch. 1400, REVENUE RECAPTURE ACT HEARINGS, pt. 1400.8550

9 SR 2276; L 1984 c 640 s 32; 17 SR 1279; 26 SR 391

Statutory Authority: MS s 14.51; 15.474