Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Stipulations without
agreement of all intervenors or potential intervenors.
A stipulation for settlement that does not include the
agreement of all intervenors or that seeks to preclude rights of potential
intervenors must meet the requirements of this subpart.
A. Where a potential intervenor has been
excluded from the settlement for failure to timely file a petition to
intervene, a statement to that effect must be made in the stipulation for
settlement and the stipulation must be accompanied by a copy of the notice
given to the potential intervenor under part
1415.1100 and an affidavit of
service. If the judge finds a potential intervenor had proper notice or actual
notice of the right to intervene within a reasonable period of time before a
case was finally concluded but failed to act, the judge may order
extinguishment of the potential intervenor's interest under Minnesota Statutes,
section
176.361.
B. Where other parties have reached an
agreement to settle a claim but have been unable to reach agreement with an
intervenor, or obtain the intervenor's signature on the stipulation, the
requirements of subitem (1) or (2) must be met.
(1) If the stipulation is signed by the
intervenor, the stipulation must include a statement that the parties
negotiated with the intervenor in good faith but the intervenor chooses not to
enter into an agreement and reserves the right to petition for hearing on the
merits under subpart
3.
(2) If the stipulation, or a letter of
agreement attached to the stipulation, is not signed by the intervenor, the
parties may file a partial stipulation for settlement that complies with
Minnesota Statutes, section
176.521,
subdivision 2b.
Subp.
3.
Intervenor hearing on the merits.
A. If the parties have not fully resolved the
intervenor claim following the procedure in subpart
1 and there is no action
pending at the office, a party must file a written petition under Minnesota
Statutes, section
176.291,
for a hearing on the merits of the intervening party's claim. The petition must
be fled within 30 days after an award on stipulation is served and fled. If a
petition for a hearing on the merits of an intervenor's claim is pending at the
time an award on stipulation is served and fled, the office shall schedule the
intervenor claims for a hearing on the merits.
B. The intervenor may present evidence that
the intervenor was effectively excluded from meaningful settlement negotiations
through lack of an offer of settlement, lack of notice of the right to
intervene, or an unreasonable or bad faith offer of settlement. If the judge
finds that the intervenor was effectively excluded from the proceeding or
negotiations, full reimbursement to the intervenor will be ordered. If the
judge does not find that the intervenor was excluded from the proceeding or
negotiations, the intervenor must present evidence regarding the compensability
of the employee's claim from which the intervenor's claim is derived as well as
evidence of the intervenor's claim. The intervenor has the burden of proving
the claims.
Subp. 4.
Potential intervenor claims after final order.
If a potential intervenor claims the potential intervenor was
not served with a notice of the right to intervene and a settlement or decision
is now final, the potential intervenor may request a hearing on the issue of
whether the parties failed to provide proper notice under part
1415.1100. The potential
intervenor must, within 30 days of knowledge of the exclusion, file a motion
under part
1420.2250 for a hearing under
subpart
3.
Statutory Authority: MS s
14.51;
176.081;
176.155;
176.285;
176.312;
176.361;
176.83
