Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2451 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to state government; renaming the Office of Administrative Hearings to
3	3	1.3 the Court of Administrative Hearings; providing opportunity for remand; amending
4	4	1.4 Minnesota Statutes 2024, sections 14.48, subdivisions 1, 2; 14.62, subdivisions 1,
5	5	1.5 2a, by adding a subdivision; repealing Minnesota Statutes 2024, sections 211B.06;
6	6	1.6 211B.08.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 14.48, subdivision 1, is amended to read:
9	9	1.9 Subdivision 1.Creation.A state Office Court of Administrative Hearings is created.
10	10	1.10 Sec. 2. Minnesota Statutes 2024, section 14.48, subdivision 2, is amended to read:
11	11	1.11 Subd. 2.Chief administrative law judge.(a) The office court shall be under the direction
12	12	1.12of a chief administrative law judge who shall be learned in the law and appointed by the
13	13	1.13governor, with the advice and consent of the senate, for a term ending on June 30 of the
14	14	1.14sixth calendar year after appointment. Senate confirmation of the chief administrative law
15	15	1.15judge shall be as provided by section 15.066.
16	16	1.16 (b) The chief administrative law judge may hear cases and, in accordance with chapter
17	17	1.1743A, shall appoint a deputy chief judge and additional administrative law judges and
18	18	1.18compensation judges to serve in the office court as necessary to fulfill the duties of the
19	19	1.19Office Court of Administrative Hearings.
20	20	1.20 (c) The chief administrative law judge may delegate to a subordinate employee the
21	21	1.21exercise of a specified statutory power or duty as deemed advisable, subject to the control
22	22	1.22of the chief administrative law judge. Every delegation must be by written order filed with
23	23	1.23the secretary of state. The chief administrative law judge is subject to the provisions of the
24	24	1Sec. 2.
25	25	REVISOR VH/DG 25-0054002/25/25
26	26	State of Minnesota
27	27	This Document can be made available
28	28	in alternative formats upon request
29	29	HOUSE OF REPRESENTATIVES
30	30	H. F. No. 2451
31	31	NINETY-FOURTH SESSION
32	32	Authored by Klevorn03/17/2025
33	33	The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1Minnesota Constitution, article VI, section 6, the jurisdiction of the Board on Judicial
34	34	2.2Standards, and the provisions of the Code of Judicial Conduct.
35	35	2.3 (d) If a vacancy in the position of chief administrative law judge occurs, an acting or
36	36	2.4temporary chief administrative law judge must be named as follows:
37	37	2.5 (1) at the end of the term of a chief administrative law judge, the incumbent chief
38	38	2.6administrative law judge may, at the discretion of the appointing authority, serve as acting
39	39	2.7chief administrative law judge until a successor is appointed; and
40	40	2.8 (2) if at the end of a term of a chief administrative law judge the incumbent chief
41	41	2.9administrative law judge is not designated as acting chief administrative law judge, or if a
42	42	2.10vacancy occurs in the position of chief administrative law judge, the deputy chief judge
43	43	2.11shall immediately become temporary chief administrative law judge without further official
44	44	2.12action.
45	45	2.13 (e) The appointing authority of the chief administrative law judge may appoint a person
46	46	2.14other than the deputy chief judge to serve as temporary chief administrative law judge and
47	47	2.15may replace any other acting or temporary chief administrative law judge designated pursuant
48	48	2.16to paragraph (d), clause (1) or (2).
49	49	2.17 Sec. 3. Minnesota Statutes 2024, section 14.62, subdivision 1, is amended to read:
50	50	2.18 Subdivision 1.Writing required.Every decision and order rendered by an agency in
51	51	2.19a contested case shall be in writing, shall be based on the record and shall include the agency's
52	52	2.20findings of fact and conclusions on all material issues. A decision or order that rejects or
53	53	2.21modifies a finding of fact, conclusion, or recommendation contained in the report of the
54	54	2.22administrative law judge required under sections 14.48 to 14.56, or requests remand under
55	55	2.23subdivision 2b, must include the reasons for each rejection or, modification, or request for
56	56	2.24remand. A copy of the decision and order shall be served upon each party or the party's
57	57	2.25representative and the administrative law judge by first class mail.
58	58	2.26 Sec. 4. Minnesota Statutes 2024, section 14.62, subdivision 2a, is amended to read:
59	59	2.27 Subd. 2a.Administrative law judge decision final; exception.Unless otherwise
60	60	2.28provided by law, the report or order of the administrative law judge constitutes the final
61	61	2.29decision in the case unless the agency modifies or rejects it under, rejects, or requests remand
62	62	2.30pursuant to subdivision 1 within 90 days after the record of the proceeding closes under
63	63	2.31section 14.61. When the agency fails to act within 90 days on a licensing case, the agency
64	64	2.32must return the record of the proceeding to the administrative law judge for consideration
65	65	2Sec. 4.
66	66	REVISOR VH/DG 25-0054002/25/25 3.1of disciplinary action. In all contested cases where the report or order of the administrative
67	67	3.2law judge constitutes the final decision in the case, the administrative law judge shall issue
68	68	3.3findings of fact, conclusions, and an order within 90 days after the hearing record closes
69	69	3.4under section 14.61. Upon a showing of good cause by a party or the agency, the chief
70	70	3.5administrative law judge may order a reasonable extension of either of the two 90-day
71	71	3.6deadlines specified in this subdivision. The 90-day deadline will be tolled while the chief
72	72	3.7administrative law judge considers a request for reasonable extension so long as the request
73	73	3.8was filed and served within the applicable 90-day period.
74	74	3.9 Sec. 5. Minnesota Statutes 2024, section 14.62, is amended by adding a subdivision to
75	75	3.10read:
76	76	3.11 Subd. 2b.Agency request for remand.(a) An agency may request remand of a finding
77	77	3.12of fact, conclusion of law, or recommendation within 45 days following the close of the
78	78	3.13hearing record under section 14.61. Upon a showing of good cause by the agency, the chief
79	79	3.14administrative law judge may consider a request for remand received after the deadline
80	80	3.15specified in this provision.
81	81	3.16 (b) The requesting agency must state with specificity the reasons the agency is requesting
82	82	3.17remand. If the agency requests remand for additional fact finding, the agency must state
83	83	3.18with specificity that it is requesting remand for further fact finding, identify the issues for
84	84	3.19which further fact finding is needed, and explain why further fact finding is necessary to
85	85	3.20facilitate a fair and just final decision.
86	86	3.21 (c) The chief judge, or their designee, must accept a request for remand within ten
87	87	3.22business days if:
88	88	3.23 (1) the agency rejects a recommendation to grant summary disposition;
89	89	3.24 (2) a party who had procedurally defaulted during the administrative proceedings seeks
90	90	3.25to participate;
91	91	3.26 (3) following remand from the Minnesota Court of Appeals or Minnesota Supreme
92	92	3.27Court, or identification of a mathematical or clerical error, the agency identifies a need for
93	93	3.28additional proceedings before the Court of Administrative Hearings.
94	94	3.29 (d) The chief judge, or their designee, may accept a request for remand within ten business
95	95	3.30days for other reasons as justice requires and consistent with section 14.001.
96	96	3.31 (e) When a request for remand is accepted by the chief judge or their designee, the chief
97	97	3.32judge or their designee must assign an administrative law judge to conduct further
98	98	3.33proceedings under this chapter on the issues accepted for remand.
99	99	3Sec. 5.
100	100	REVISOR VH/DG 25-0054002/25/25 4.1 Sec. 6. REVISOR INSTRUCTION.
101	101	4.2 The revisor of statutes shall change the term "Office of Administrative Hearings" to
102	102	4.3"Court of Administrative Hearings" wherever the term appears in Minnesota Statutes. The
103	103	4.4revisor of statutes shall also change the term "office" to "court" wherever the term "office"
104	104	4.5appears and refers to the Office of Administrative Hearings in Minnesota Statutes.
105	105	4.6 Sec. 7. REPEALER.
106	106	4.7 Minnesota Statutes 2024, sections 211B.06; and 211B.08, are repealed.
107	107	4Sec. 7.
108	108	REVISOR VH/DG 25-0054002/25/25 211B.06 FALSE POLITICAL AND CAMPAIGN MATERIAL.
109	109	Subdivision 1.Gross misdemeanor.(a) A person is guilty of a gross misdemeanor who
110	110	intentionally participates in the preparation, dissemination, or broadcast of paid political advertising
111	111	or campaign material with respect to the personal or political character or acts of a candidate, or
112	112	with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or
113	113	defeat a candidate for nomination or election to a public office or to promote or defeat a ballot
114	114	question, that is false, and that the person knows is false or communicates to others with reckless
115	115	disregard of whether it is false.
116	116	(b) A person is guilty of a misdemeanor who intentionally participates in the drafting of a letter
117	117	to the editor with respect to the personal or political character or acts of a candidate, or with respect
118	118	to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat any
119	119	candidate for nomination or election to a public office or to promote or defeat a ballot question,
120	120	that is false, and that the person knows is false or communicates to others with reckless disregard
121	121	of whether it is false.
122	122	Subd. 2.Exception.Subdivision 1 does not apply to any person or organization whose sole act
123	123	is, in the normal course of their business, the printing, manufacturing, or dissemination of the false
124	124	information.
125	125	211B.08 SOLICITATION OF CONTRIBUTIONS PROHIBITED.
126	126	A religious, charitable, or educational organization may not request a candidate or committee
127	127	to contribute to the organization, to subscribe for the support of a club or organization, to buy tickets
128	128	to entertainment, or to pay for space in a publication. This section does not apply to:
129	129	(1) the solicitation of a business advertisement in periodicals in which the candidate was a
130	130	regular contributor, before candidacy;
131	131	(2) ordinary business advertisements;
132	132	(3) regular payments to a religious, charitable, or educational organization, of which the candidate
133	133	was a member, or to which the candidate was a contributor for more than six months before
134	134	candidacy; or
135	135	(4) ordinary contributions at church services.
136	136	1R
137	137	APPENDIX
138	138	Repealed Minnesota Statutes: 25-00540