Minnesota Statutes 103A.335 – Filing, Notice, and Procedure
Subdivision 1.Notice.
A consent, notice, or recommendation made by the board must be filed with the agency. The filing is notice of the board’s action. The board’s rules may provide for a notice, in addition to filing by mail, posting, publication, or otherwise, to inform parties and interested persons of the board’s actions.
Subd. 2.Subpoena.
Terms Used In Minnesota Statutes 103A.335
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Terms Used In Minnesota Statutes 103A.335
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) To implement sections 103A.301 to 103A.341, the chair of the board or a board member may subpoena witnesses, administer oaths, and compel the production of books, records, and other evidence.
(b) Disobedience of a subpoena, refusal to be sworn, or refusal to answer as a witness, is punishable as a contempt of the district court. The board or a board member must file a complaint of the disobedience with the district court of the county where the disobedience occurred.
(c) Witnesses receive the same fees and mileage as in civil actions.
(d) Persons must be sworn before testifying and the right to examine or cross-examine is the same as in civil actions.
Subd. 3.Hearings.
Hearings must be public, conducted by the board or an authorized board member, and affected persons have the opportunity to be heard. The board must provide a stenographer to take the testimony and proceedings at the hearings must be recorded and preserved. Hearings must be conducted as much as practicable in the same way as civil actions.
Subd. 4.Position of state agencies.
State agencies may adopt opposite positions on the matter before the board when full advocacy will assist in disclosing the public interest.