Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Petition for contested case hearing.
Any person may petition the agency to hold a contested case
hearing. To be considered by the agency, a petition must be submitted in
writing, must contain the information specified in subpart
2, and must be timely.
Timeliness shall be determined as follows:
A. for permit matters, a petition for a
contested case hearing must be submitted during the public comment period
established under parts
7001.0100 and
7007.0850, except for matters
where there is no public comment period, the petition must be submitted
according to the procedures in item B. A petition for a contested case hearing
shall be untimely if it is submitted after a permit is granted;
B. for matters other than those covered by
item A, the commissioner may establish deadlines for persons to petition for a
contested case hearing. If the commissioner establishes deadlines to petition
for a contested case hearing, petitions for a contested case hearing will be
considered timely if they are served on all board members, including the
commissioner within the established deadlines; and
C. if item A does not apply and no deadlines
are established as provided in item B, a petition for a contested case shall be
considered timely as follows:
(1) for regular
meetings of the board and special meetings noticed ten or more days before the
meeting, service is timely if all board members, including the commissioner,
are served five days before the meeting; and
(2) for special meetings of the board noticed
less than ten days before the meeting, service is timely if all board members,
including the commissioner, are served personally or by facsimile before the
agenda item is scheduled to be heard.
Subp. 2.
Contested case petition
contents.
A. A petition for a contested
case hearing shall include the following information:
(1) a statement of reasons or proposed
findings supporting a board or commissioner decision to hold a contested case
hearing pursuant to the criteria in part
7000.1900, subpart
1; and
(2) a statement of the issues proposed to be
addressed by a contested case hearing and the specific relief requested or
resolution of the matter.
B. To the extent known by the petitioner, a
petition for a contested case hearing may also include the following
information:
(1) a proposed list of
prospective witnesses to be called, including experts, with a brief description
of proposed testimony or summary of evidence to be presented at a contested
case hearing;
(2) a proposed list
of publications, references, or studies to be introduced and relied upon at a
contested case hearing; and
(3) an
estimate of time required for petitioner to present the matter at a contested
case hearing.
C. A
petitioner is not bound or limited to the witnesses, materials, or the
estimated time identified in the petition if the requested contested case is
granted by the board or commissioner.
Subp. 3.
Written responses to petitions
for contested case hearings.
Any person may serve timely responses to a petition for a
contested case hearing. Timeliness shall be determined as described in items A
and B.
A. If the commissioner has
established a schedule as provided in subpart
1, item A or B, responses to
a petition for a contested case hearing must be submitted within the deadlines
established.
B. If no schedule has
been established, responses to a petition for a contested case hearing must be
personally served on or sent by facsimile to all board members, including the
commissioner, at any time prior to the time at which the matter will be
considered by the board or commissioner.
Subp. 4.
Untimely petition for a
contested case hearing.
The commissioner shall deny a petition for a contested case
hearing if the petition is not timely served as provided in subpart
1. However, the board or
commissioner may consider a petition that is not timely if the petition
contains the information listed in subpart
2, and the petitioner
demonstrates that the petition could not have been submitted to the agency any
earlier because it relies on newly discovered material facts that could not
have been discovered until after the petition period ended.
Statutory Authority: MS s
14.06;
116.07
