Minnesota Administrative Rules
Agency 153 - Mediation Services Bureau
Chapter 5530 - ARBITRATION ROSTER
Part 5530.1300 - DISCIPLINARY OR REMOVAL PROCEDURES
Universal Citation: MN Rules 5530.1300
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. General.
A. The commissioner has
authority to investigate all complaints and allegations against roster members
regarding professional performance and compliance with this chapter.
B. The commissioner must advise, counsel,
suspend, or remove a roster member when the results of an investigation
demonstrate that a roster member has violated the performance, professional, or
ethical standards under this chapter.
Subp. 2. Preliminary investigation.
A. When the commissioner
receives a complaint of a roster members violation of this chapter, the
commissioner must conduct an informal investigation to determine if there is
probable cause to believe that the roster member has violated a requirement of
this chapter.
B. If there is no
probable cause to believe that a violation occurred, the commissioner may not
take further action.
C. If the
commissioner determines that probable cause exists, the commissioner must
suspend the roster member from further referrals pending the conclusion of
proceedings under this part.
Subp. 3. Notice.
A. When
the commissioner finds probable cause to believe that a violation of this
chapter has occurred that warrants the commissioner to remove or suspend the
roster member, the commissioner must provide written notice to the roster
member and the advisory committee.
B. The written notice must:
(1) state that the commissioner is
determining whether to remove or suspend the roster member and the
commissioners rationale for the action;
(2) provide an opportunity for the roster
member to respond in writing; and
(3) set a date for a hearing on the matter
before the commissioner or a designated representative, if the roster member
wishes to contest the proposed action.
Subp. 4. Hearing.
If a hearing on the disciplinary matter is requested by the affected roster member, the commissioner or the commissioners representative must convene and conduct a hearing according to part 5510.1910, subparts 2a, 6, 8, 9, 10, 12, 13, and 14. Advisory committee members may attend the hearing or may review, if any, the hearing recording or transcript.
Subp. 5. Determination.
A. The commissioner must determine the action
to be taken on the roster members status on the roster on the basis of:
(1) the hearing record if a hearing is
conducted under subpart 4;
(2)
recommendations from the advisory committee; and
(3) performance, professional, or ethical
standards under this chapter.
B. The commissioners determination is a final
decision.
Statutory Authority: MS s 179.02
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