In any contested case all parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall state the time, place and issues involved, but if, by reason of the nature of the case, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable, and opportunity shall be afforded all parties to present evidence and argument with respect thereto. Prior to assignment of a case to an administrative law judge as provided by sections 14.48 to 14.56, all papers shall be filed with the agency. Subsequent to assignment of the case, the agency shall certify the official record to the Office of Administrative Hearings, and thereafter, all papers shall be filed with that office. The agency and any other party to a contested case may file all necessary notices, documents, and other necessary information with the Office of Administrative Hearings by any reliable method of electronic transmission in the manner approved by that office. The Office of Administrative Hearings shall maintain the official record which shall include subsequent filings, testimony and exhibits. All filings are deemed effective upon receipt. The record shall contain a written transcript of the hearing only if preparation of a transcript is requested by the agency, a party, or the chief administrative law judge. The agency or party requesting a transcript shall bear the cost of preparation. When the chief administrative law judge requests preparation of the transcript, the agency shall bear the cost of preparation. Upon issuance of the administrative law judge's report, the official record shall be certified to the agency.
Notes of Decisions
Hymanson v. City of St. Paul, 329 N.W.2d 324 (Minn. 1983).
· cites it 4× “Minn. Stat. § 14.58 assumes that an independent hearing examiner will be utilized when it states, in part: Prior to assignment of a case to a hearing examiner as provided by sections 14.”
Todd Schwanke v. Minnesota Dep't of Admin., 851 N.W.2d 591 (Minn. 2014).
· cites it 2× “2 (2012) (emphasis added); see also Minn.Stat. § 14.58 (2012) (providing that the record in a contested-case proceeding “shall include subsequent filings, testimony and exhibits”).”
L.K. v. Gregg, 380 N.W.2d 145 (Minn. Ct. App. 1986).
· cites it 2× “” Minn.Stat. § 14.58 (1984). The rule in Minnesota is that a contested case hearing is afforded to one having a property or liberty interest at stake: A contested case hearing, however, may also be required by the constitution.”
GH Holdings, LLC v. Minnesota Dep't of Com., 840 N.W.2d 838 (Minn. Ct. App. 2013).
· cites it 6× “Under Minn.Stat. § 14.58, “[i]n any contested case all parties shall be afforded an opportunity for hearing after reasonable notice.”
Schwanke v. Minnesota Dep't of Admin., 834 N.W.2d 588 (Minn. Ct. App. 2013).
· cites it 4× “” Minn.Stat. § 14.58. At the hearing, Schwanke was entitled to “present evidence and argument with respect thereto.”
Bohn v. Cnty. of Dakota, 772 F.2d 1433 (8th Cir. 1985).
“48, and vests in the chief administrative law judge the authority to “adopt rules to govern the proce *1438 dural conduct of all hearings.”
Minneapolis Pub. Hous. Auth. v. Lor, 578 N.W.2d 8 (Minn. Ct. App. 1998).
· cites it 4× “"); Minn.Stat. § 14.58 ("In any contested case all parties shall be afforded an opportunity for hearing * * *, [the issues] shall be fully stated as soon as practicable, and opportunity shall be afforded all parties to present evidence and argument with respect thereto.”
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