Minnesota Statutes

Minn. Stat. § 211B.35 (2026)

Evidentiary Hearing By Panel

✓ current as of May 2026

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Subdivision 1.Deadline for hearing.

When required by section 211B.33, subdivision 2, paragraph (c), or by section 211B.34, subdivision 2 or 3, the chief administrative law judge must assign the complaint to a panel of three administrative law judges for an evidentiary hearing. The hearing must be held within the following times:

(1) ten days after the complaint was assigned to the panel, if an expedited probable cause hearing was requested or required under section 211B.33;

(2) 30 days after the complaint was filed, if it was filed within 60 days before the primary or special election or within 90 days before the general election to which the complaint relates; or

(3) 90 days after the complaint was filed, if it was filed at any other time.

For good cause shown, the panel may extend the deadline set forth in clause (2) or (3) by 60 days.

Subd. 2.Disposition of complaint.

The panel must determine whether the violation alleged in the complaint occurred and must make at least one of the following dispositions:

(a) The panel may dismiss the complaint.

(b) The panel may issue a reprimand.

(d) The panel may refer the complaint to the appropriate county attorney.

Subd. 3.Time for disposition.

The panel must dispose of the complaint:

(1) within three business days after the hearing record closes, if an expedited probable cause hearing was required by section 211B.33; and

(2) within 14 days after the hearing record closes, if an expedited probable cause hearing was not required by section 211B.33.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2006–2024 · leading case: Riley v. Jankowski, 713 N.W.2d 379 (Minn. Ct. App. 2006).

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Riley v. Jankowski, 713 N.W.2d 379 (Minn. Ct. App. 2006). · cites it 11× “04; and referred the matter to the Hennepin County Attorney’s Office for further consideration pursuant to Minn.Stat. § 211B.35, subd. 2 (2004). This certiorari appeal follows.”

281 Care Comm. v. Ross Arneson, 766 F.3d 774 (8th Cir. 2014). · cites it 3× “Minn.Stat. § 211B.35, subd. 1. A final decision and/or civil penalty (up to $5,000) imposed by an ALJ panel is subject to judicial review.”

Fine v. Bernstein, 726 N.W.2d 137 (Minn. Ct. App. 2007). · cites it 4× “The matter was subsequently set *142 for an evidentiary hearing before a panel of three administrative law judges (the “panel”) pursuant to Minn.Stat. § 211B.35, subd. 1 (2004). The evidentiary hearing was held on October 31 and November 2, 2005.”

Repub. Party of Minnesota v. Nathan Miller, Relators, Attorney Gen. Keith Ellison, ... (Minn. Ct. App. 2024). · cites it 12× “Minn. Stat. § 211B.35, subd. 2(d) (2022).”

Minnesota RFL Caucus v. Mary Moriarty, 108 F.4th 1035 (8th Cir. 2024). “Minn. Stat. § 211B.35, subdiv. 2(a)-(b), (d)-(e).”

Steven Abrahamson, Relators v. The St. Louis Cnty. Sch. Dist., Indep. Sch. Dist. No. 2142, Off. of Admin. Hearings (Minn. Ct. App. 2016). · cites it 2× “And Minnesota Statutes section 211B.35, subdivision 2 (2014), limits the panel’s jurisdiction to 6 determining whether the alleged violations of chapter 211A occurred and then to resolving the violation.”

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