Subpart 1.
Conformity.
All hearings under this chapter must be conducted according to
subparts 2 to 9.
Subp. 2.
Conduct.
All hearings before the commissioner are open to the public.
The commissioner has the powers under Minnesota Statutes, section
179.16,
subdivision 3.
Subp. 2a.
Virtual hearing.
If all parties agree, the hearing may take place virtually
through an online conferencing or videoconferencing tool.
Subp. 3.
Testimony and evidence.
A party to the proceedings is entitled to:
A. appear in person or by attorney or
representative;
B. call, examine,
and cross-examine witnesses; and
C.
introduce only competent evidence, either documentary or other evidence as the
commissioner deems admissible.
Subp.
4.
Stipulation.
The parties to the dispute may stipulate to agreed-upon facts
and evidence.
Subp. 5.
Objections.
A. An objection on
the conduct of the hearing, including an objection to the introduction of
evidence, must be stated orally, together with a statement of the grounds for
the objection, and be included in the recording.
B. A party does not waive its objection if
the party continues to participate in the hearing.
Subp. 6.
Adjournment.
The commissioner may adjourn the hearing as the commissioner
deems necessary upon appropriate notice to the parties.
Subp. 7.
At close of hearing.
A. At the close of the hearing, the parties
are entitled to submit either oral or written arguments as determined by the
commissioner under this subpart.
B.
If the commissioner permits oral argument, the commissioner must determine its
length. Unless ordered by the commissioner, oral arguments are not part of the
recording.
C. If there are written
arguments, the commissioner must determine the deadline for filing.
Subp. 8.
Disregarding
testimony.
All or any part of a witnesss testimony may be disregarded by
the commissioner if the witness refuses to answer any question that the
commissioner has ruled proper.
Subp.
9.
Record.
A. The
record in the proceedings consists of:
(1) the
request for investigation under part
5505.0300;
(2) the notice of hearing under part
5505.0500, subpart 2, item
A;
(3) proof of service of notice
on the parties to the proceedings;
(4) the objections of any person to the
proceedings;
(5) the rulings on the
objections;
(6) all motions,
stipulations, exhibits, documentary evidence, depositions, and findings of fact
and conclusions;
(7) the hearing
recording; and
(8) the
commissioners final order.
B. The record must be kept for 90 calendar
days.
