Purpose

This bill aims to reduce the filing burden for data practices complaints and make related updates to how complaints are filed and processed under Minnesota law (Minnesota Statutes 2024 section 13.085, subdivision 2). It focuses on the process for bringing a complaint, required filing fees or bonds, timelines, and notice requirements.

Main Provisions

• Filing fee change for data practices complaints
  • The bill alters the fee requirement that must accompany a complaint, indicating a reduced amount shown as “a filing fee of 1000 200 or a bond to guarantee the payment of this fee.” This suggests a lower fee option (and a bond as an alternative) compared to the existing setup.
• Filing deadline and discovery rule
  • A complaint must be filed within two years after the act or failure to act that is the subject of the complaint.
  • If concealment or misrepresentation by the government entity could not be discovered within that two-year period, the complaint may be filed within one year after discovery.
• Complaint requirements
  • The complaint must be in writing, filed under oath, and detail the factual basis for the claim that a violation occurred.
  • The office may require or provide a standard form for filing the complaint.
• Notification and service
  • Upon receipt, the office must immediately notify the respondent and, if known, the applicable responsible authority for the government entity.
  • The complaint and a copy must be served to the respondent by the most expeditious means; notice to the responsible authority must be delivered by certified mail.
  • The office must also notify the commissioner of administration of the action.
• Dismissal and refunds
  • Proceedings must be dismissed if a request for an opinion from the commissioner was accepted under another section (13.072) before the complaint was filed, and the complainant’s filing fee must be refunded.
• Respondent response
  • The respondent must file a response within 15 business days of receiving the notice, with a potential extension for good cause.

Significant Changes to Existing Law

• Reduces or changes the fee structure for filing data practices complaints (fee or bond option), potentially lowering barriers to filing.
• Clarifies and extends filing timelines (two-year window with a one-year extension for late discovery of concealment or misrepresentation).
• Tightens and standardizes filing requirements (written, sworn complaint; possible standard form).
• Enhances notification procedures to respondents, responsible authorities, and the commissioner of administration, including the use of certified mail for official notices.
• Adds a refund provision if a related commissioner opinion process is triggered before filing.

Process and Administrative Details

• The office handles preliminary steps after a complaint is filed, including notifying involved parties and establishing the record.
• The response deadline and potential extensions provide a defined window for the respondent to present their side.
• The bill links to other sections (e.g., 13.04, 13.072) for related processes and potential dismissals or opinions.

Potential Impacts

• Lower filing costs could make it easier for individuals or entities to file data practices complaints.
• Clear deadlines and notification requirements may streamline handling of complaints and improve transparency.
• The bond option introduces an alternative to paying the filing fee upfront.

Relevant Terms data practices, filing fee, filing a complaint, Minnesota Statutes 2024, section 13.085, subdivision 2, order to compel compliance, government entity, concealment, misrepresentation, written complaint, oath, standard form, notice, respondent, responsible authority, certified mail, commissioner of administration, opinion, section 13.072, process of complaint, bond, extension for good cause