Minnesota Administrative Rules
Agency 153 - Mediation Services Bureau
Chapter 5500 - HEARING PROCEDURES
PROCEEDINGS BEFORE LABOR REFEREES
Part 5500.2100 - RECONSIDERATION
Universal Citation: MN Rules 5500.2100
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Requesting reconsideration.
A. A party to a
jurisdictional controversy may request a reconsideration or clarification of
the labor referees final determination on any or all of the following grounds:
(1) there is material evidence newly
discovered that with reasonable diligence could not be found or produced at the
hearing;
(2) the determination is
not justified by the evidence; or
(3) an adverse party has been guilty of
misconduct that materially affected the result.
B. A request under item A must be in writing
and set forth the facts upon which the request is based. Within ten calendar
days after the labor referees determination under part
5500.2000, item A, is filed, a
copy of the request must be served on all other parties to the proceeding and
the labor referee.
Subp. 2.
Determining reconsideration request; hearing.
A. After receiving a
reconsideration request under subpart 1, the labor referee must:
(1) consider the request if the referee deems
the grounds stated sufficient according to subpart 1, item A; or
(2) reject the request if the referee deems
the grounds insufficient according to subpart 1, item A.
B. When determining to consider the request,
the labor referee must order a preliminary hearing and give notice according to
part
5500.1600.
C.After the preliminary hearing, the labor
referee must make an order granting or denying the request. If granting the
request, the labor referee must, fix a time and place for a hearing, and give
notice according to part
5500.1600. The labor referee may
by order limit the matters upon which the referee will receive new or
additional evidence and must include in the order why the referee limited
matters.
D. Further proceedings
must be held according to parts
5500.1700 to
5500.1900. When the proceedings
end, the labor referee must:
(1) affirm the
original determination under part
5500.2000, item A; or
(2) make and file simultaneously with the
commissioner and the parties an amended determination that supersedes the
original determination.
Statutory Authority: MS s 179A.04
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