HF3711

Purpose

• To amend the administrative hearings provisions for human rights cases. The change creates a formal process where a commissioner’s determination can be examined as a contested case, with a binding report from an administrative law judge (ALJ) and a path to resolution through a formal hearing and appeal process.

Main Provisions

• A determination issued by the commissioner may be heard as a contested case.
• The ALJ’s report becomes binding on all parties and can be implemented by an order as provided in subdivision 3.
• A party contesting the commissioner’s determination may request a hearing, either on their own behalf or through a private attorney.
• The commissioner must decide within 30 days whether to forward the request for a hearing to the Office Court of Administrative Hearings (the bill's reference to the hearing body). The Office Court of Administrative Hearings shall promptly set the matter for hearing.
• The hearing location is designated by the commissioner and must be in the county where the unfair discriminatory practice occurred or where the respondent resides or has a principal place of business.
• The hearing is conducted under the procedures in sections 14.57 to 14.62 and is subject to appeal under sections 14.63 to 14.68.

Significant Changes to Existing Law

• Establishes a formal contested-case hearing process for human rights determinations.
• Makes the ALJ’s report binding on all parties and suitable for implementation by an order.
• Allows a party to request a hearing with the option to appear personally or through a private attorney.
• Introduces a 30-day deadline for the commissioner to decide whether to forward the matter to the Office Court of Administrative Hearings for a hearing.
• Shifts the hearing process to the Office Court of Administrative Hearings and requires prompt scheduling.
• Specifies that hearings occur in the county where the discrimination occurred or where the respondent lives or has a principal place of business.
• Aligns the hearing and appeal process with existing statutory sections (14.57-14.62 for hearing; 14.63-14.68 for appeal).

Relevant Terms

• unfair discriminatory practice
• commissioner
• administrative law judge (ALJ)
• binding
• order
• Office Court of Administrative Hearings
• 30 days
• contested case
• hearing
• private attorney
• respondent
• county
• Minnesota Statutes 2024 section 363A.29 subdivision 1
• Minnesota Human Rights Act
• sections 14.57 to 14.62
• sections 14.63 to 14.68