Minnesota Administrative Rules
Agency 153 - Mediation Services Bureau
Chapter 5510 - PUBLIC EMPLOYMENT LABOR RELATIONS
REPRESENTATION MATTERS AND FAIR SHARE FEE CHALLENGES; PROCEEDINGS BEFORE THE COMMISSIONER
Part 5510.1910 - HEARINGS OR INVESTIGATIONS
Universal Citation: MN Rules 5510.1910
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Policy.
The commissioner must accept stipulations or agreements that are consistent with bureau rules and the act.
Subp. 2. Applicability and scope.
A. This part applies to a
hearing or investigation when provided under this chapter or chapter
5530.
B. For a hearing or
investigation on a petition under this chapter, the hearing or investigation
must address all issues raised by a valid petition that are within the
commissioners jurisdiction.
Subp. 2a. Virtual hearing.
If all parties agree, the hearing may take place virtually through an online conferencing or videoconferencing tool.
Subp. 3. Consolidating hearings.
The commissioner may consolidate one or more hearings or petitions if the commissioner determines that consolidation will serve the acts purposes.
Subp. 4. Procedures.
Upon receiving a petition under parts 5510.0410 to 5510.1810, the commissioner must:
A. hold a hearing or conduct an
investigation as required under Minnesota Statutes, section
179A.12,
subdivision 5; and
B. issue an
order prohibiting negotiations and maintaining the status quo, in part or in
whole, of the employees terms and conditions of employment.
Subp. 5. Prehearing conference.
A. The purpose of a
prehearing conference is to:
(1) simplify the
issues to be determined;
(2) obtain
stipulations regarding foundation for testimony or exhibits;
(3) identify the proposed witnesses for each
party;
(4) consider other matters
that may be necessary or advisable; and
(5) if possible, reach a settlement, which if
reached must be made a part of the record.
B. Upon the request of a party or the
commissioners motion, the commissioner may:
(1) hold a prehearing conference;
and
(2) require the parties to file
a prehearing statement containing items the commissioner deems necessary to
fulfill the purposes of the prehearing conference.
C. A prehearing conference is informal.
Agreements simplifying issues, amendments, stipulations, or other matters may
be entered on the record or made the subject of a commissioner order.
Subp. 6. Subpoenas.
A. Requests for subpoenas for the attendance
of witnesses or the production of documents must be made in writing to the
commissioner and:
(1) contain a brief
statement demonstrating the relevance of the testimony or evidence
sought;
(2) identify all persons to
be subpoenaed; and
(3) identify
with specificity any documents sought.
B. A subpoena must be served by the sheriff,
the sheriffs deputy, or any other individual who is not a party in accordance
with rule 45.02 of the Rules of Civil Procedure for the District Courts of
Minnesota.
C. When a subpoena is
served, the cost of service, fees, and expenses of any witness subpoenaed must
be paid by the party at whose request the witness appears.
D. The individual serving a subpoena must
make proof of service by filing the subpoena and an affidavit of service with
the commissioner.
E. Upon motion
made at or before the time specified in the subpoena, the commissioner must
quash or modify the subpoena on finding that it is unreasonable or
oppressive.
Subp. 7. Intervenor.
A. The commissioner
must permit an employee organization that submits a 30 percent showing of
interest to intervene on a certification, representation, or decertification
petition.
B. The commissioner must
permit a group of employees submitting a 30 percent showing of interest wishing
to decertify an exclusive representative to intervene on a representation
petition.
Subp. 8. Hearing.
A. Parties may present
evidence, rebuttal testimony, and argument on the issues and may cross-examine
witnesses. Individuals or organizations having an appearance status may only
review exhibits and make statements for the record.
B. A party may be a witness or may present
witnesses at the hearing. All oral testimony must be under oath or affirmation.
At the request of a party or upon the commissioners motion, witnesses may be
excluded from the hearing room so that they cannot hear other witness
testimony.
Subp. 9. Rules of evidence.
A. The
commissioner may admit all evidence that possesses probative value, including
hearsay, if it is the type of evidence on which reasonable prudent persons are
accustomed to rely in the conduct of their serious affairs. The commissioner
must give effect to the rules of privilege recognized by law. Evidence that is
incompetent, immaterial, or unduly repetitious may be excluded.
B. All evidence to be considered in the case,
including all records and documents possessed by the commissioner or an
accurate copy , must be made a part of the record. Matters not part of the
record must not be considered when determining the case.
C. The commissioner may seek additional
evidence and examine witnesses to the extent the commissioner deems appropriate
but must do so on the record and with the opportunity for a party to contest
the evidence.
D. The commissioner
may take judicial notice of undisputed facts.
Subp. 10. The record.
A. The commissioner must maintain the record
for 90 calendar days in each case under this part. The record must contain:
(1) all pleadings, motions, and
orders;
(2) evidence
received;
(3) offers of proof,
objections, and rulings on objections;
(4) all memoranda or data submitted by a
party on the case; and
(5) a
hearing recording or transcript.
B. The commissioner must keep the hearing
recording or transcript for not less than 90 calendar days after issuing a
determination under subpart 14.
Subp. 10a. Requests for transcripts.
A hearing recording may be transcribed in whole or in part upon the written request of a party or person if the party or person requesting the transcript:
A. makes a request
within the 90-day retention period under subpart 10, item B; and
B. agrees to pay the full costs for preparing
the transcript.
Subp. 10b.
Preparing case record on appeal.
A. An individual or party appealing a
determination under subpart 14 must agree in writing to pay for the:
(1) cost of preparing the transcript of the
hearing upon which the determination was based; and
(2) costs of duplicating all relevant
exhibits and other written case-file material.
B. An appealing individual or party may
purchase a partial transcript and record if:
(1) the appeal involves only a portion of the
elements or factors decided by the commissioner; and
(2) only parts of the hearing are relevant to
that element or factor.
C. For a request under item B, the
commissioner must determine, on the basis of the elements or factors under
appeal, the extent of the transcript and record necessary to provide a complete
record upon which that portion of the commissioners determination was
based.
D. A party to an appeal may
request that a portion of the entire record be added to the record submitted by
the commissioner. The party making a request under this item must agree in
writing to pay for the cost of preparing the additional record. Any partial
transcript must include all testimony and evidence relevant to the issues under
appeal.
Subp. 11. Continuances.
A. The
commissioner must grant a hearing continuance or postponement request only upon
a showing of substantial cause.
B.
All requests under item A must be served according to parts
5510.0110 to
5510.2310. Requests served less
than six calendar days before a hearing must be denied unless the commissioner
determines that the request could not have been filed earlier and that the
rights of a party will be substantially affected by denial.
C. The commissioner must continue a hearing
that has already started whenever the commissioner determines a continuance is
needed to determine the issues. For a continuance under this item, the
commissioner must give oral notice on the record.
Subp. 12. Conducting hearing.
Unless the commissioner determines that the public interest will be otherwise served, a hearing under this part must be conducted according to this subpart.
A. After opening the
hearing, the commissioner must state the procedural rules for the hearing,
including that:
(1) all parties may present
evidence and cross-examine witnesses;
(2) all parties have a right to be
represented at the hearing;
(3) an
objection to the conduct of the hearing, including the introduction of
evidence, must be stated orally, together with a statement of the grounds for
the objection;
(4) no objection to
the conduct of the hearing, including the introduction of evidence, is waived
if the objecting party continues to participate in the hearing; and
(5) failure to appear at the hearing in
person or through an authorized representative may prejudice the rights of a
party.
B. Any
stipulations, settlement agreements, or consent orders entered into by any of
the parties before the hearing must be entered into the record.
C. The party with the burden of proof may
make an opening statement. The other parties may make opening statements in a
sequence determined by the commissioner.
D. After any opening statements, the party
with the burden of proof presents its evidence. The other parties follow in a
sequence determined by the commissioner.
E. Cross-examination of witnesses is
conducted in a sequence determined by the commissioner.
F. When all parties and witnesses have been
heard, final argument may be permitted. The commissioner must determine the
timing and sequence of the argument and whether the argument is presented in
written or oral form, or both.
G.
After final argument, the commissioner must:
(1) close or continue the hearing;
and
(2) order when the record of
the proceedings closes.
Subp. 13. Disrupting hearing.
A. Recording devices, other than those
provided by the commissioner or authorized by the commissioner with the consent
of all parties, must not be operated in the hearing room during the
hearing.
B. An individual may not:
(1) interfere with the free, proper, and
lawful access to or egress from the hearing room; or
(2) interfere or threaten to interfere with
the hearing.
Subp. 14. Determinations.
All determinations issued by the commissioner must be based on the record.
Subp. 15. Order pending appeal.
A unit determination or unit clarification that is appealed continues in effect unless stayed by the commissioner upon request of one or more parties or as directed by an appellate court.
Statutory Authority: MS s 179.02; 179A.04
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