Bill Text: MN HF1430 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Manufactured home park lot rentals new administrative remedy established for violations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-04-27 - Author added Atkins [HF1430 Detail]
Download: Minnesota-2011-HF1430-Introduced.html
1.2relating to manufactured home park lot rentals; establishing a new administrative
1.3remedy for violations of Minnesota Statutes, sections 327C.01 to 327C.14;
1.4amending Minnesota Statutes 2010, section 327C.01, by adding subdivisions;
1.5proposing coding for new law in Minnesota Statutes, chapter 327C.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 327C.01, is amended by adding a
1.8subdivision to read:
1.9 Subd. 1d. Complainant. "Complainant" means any park owner or resident who
1.10files a complaint with the office alleging a violation of sections 327C.01 to 327C.14.
1.11 Sec. 2. Minnesota Statutes 2010, section 327C.01, is amended by adding a subdivision
1.12to read:
1.13 Subd. 5a. Office. As used in section 327C.16, "office" means the Office of
1.14Administrative Hearings.
1.15 Sec. 3. Minnesota Statutes 2010, section 327C.01, is amended by adding a subdivision
1.16to read:
1.17 Subd. 9b. Respondent. "Respondent" means any park owner or resident who is
1.18alleged to have committed a violation of sections 327C.01 to 327C.14 in a complaint
1.19filed with the office.
1.20 Sec. 4. [327C.16] ADMINISTRATIVE REMEDY.
1.21 Subdivision 1. Filing of a complaint. A complaint filed by a complainant alleging a
1.22violation of sections 327C.01 to 327C.14 must be filed with the office within one year
2.1after the occurrence or discovery of the act or failure to act, whichever is later, that is the
2.2subject of the complaint. The complaint must be in writing, submitted under oath, and
2.3detail the factual basis for the claim that a violation of law has occurred. The office may
2.4prescribe the form of a complaint.
2.5 Subd. 2. Filing fee; waiver; refund. The complaint must be accompanied by
2.6a filing fee of $50. The office may waive the payment of the filing fee, if the individual
2.7seeking a waiver of the fee files with the office an affidavit stating that the individual is
2.8financially unable to pay the fee. The office may refund the filing fee of a complainant
2.9who prevails on the merits.
2.10 Subd. 3. Notice of hearing. Upon receipt of the complaint pursuant to subdivision
2.111, the chief administrative law judge shall issue a notice of hearing and serve both the
2.12notice and a copy of the complaint on the respondent.
2.13 Subd. 4. Mediation. If the complainant and respondent both agree to mediation of
2.14some or all of the claims in the complaint, the office shall proceed to schedule mediation
2.15in accordance with Minnesota Rules, chapter 1400.
2.16 Subd. 5. Conduct of hearings. (a) A complaint under this section shall be heard
2.17as a contested case in accordance with sections 14.57 to 14.62 and Minnesota Rules,
2.18parts 1400.8505 to 1400.8612, and shall be conducted at a place designated by the chief
2.19administrative law judge. A hearing under this section may be conducted by conference
2.20telephone call or by interactive television. All hearings must be open to the public. The
2.21administrative law judge may require the presence of witnesses and evidence by subpoena
2.22on behalf of any party. The parties may be represented by counsel and shall have the right
2.23to call, examine, and cross-examine witnesses. The burden of proving the allegations in
2.24the complaint is on the complainant, and the standard of proof is a preponderance of
2.25the evidence.
2.26(b) The administrative law judge must determine whether the violation alleged in
2.27the complaint occurred and must either:
2.28(1) dismiss the complaint;
2.29(2) issue an order directing the respondent to cease and desist from the violations
2.30found to exist; or
2.31(3) issue an order resolving the dispute in some other manner.
2.32(c) An order directing the respondent to cease and desist from the violations
2.33found to exist shall be enforceable through the district court in the district in which the
2.34respondent resides.
2.35 Subd. 6. Final decision. Following the determination of whether the violation
2.36alleged in the complaint occurred, the administrative law judge shall make findings of fact,
3.1conclusions of law, and an order. A copy of the decision and order shall be served upon
3.2each party or the party's representative by first class mail. The order is a final decision and
3.3is subject to appeal in accordance with sections 14.63 to 14.68.
3.4 Subd. 7. Allocation of costs. (a) The parties to any proceeding under this section
3.5must pay the costs of alternative dispute resolution or hearing in the proportions that
3.6they agree to.
3.7(b) If the parties do not agree to a division of the costs before the commencement
3.8of mediation or hearing, the costs must be allocated on an equitable basis by the chief
3.9administrative law judge.
3.10(c) The chief administrative law judge may contract with the parties to a matter for
3.11the purpose of providing administrative law judges and reporters for an administrative
3.12proceeding or alternative dispute resolution.
3.13(d) The chief administrative law judge shall assess the cost of services rendered by
3.14the office as provided by section 14.53. Notwithstanding section 14.53 or other law, the
3.15office is not liable for the costs.
3.16 Subd. 8. Nonexclusive remedy. (a) The administrative remedy in this section
3.17is not exclusive and does not limit the right of park owners or residents to take legal
3.18action against another party as provided in chapter 327C or otherwise. Exhaustion of the
3.19administrative remedy provided in this chapter is not required before a park owner or
3.20resident may bring a legal action.
3.21(b) This section does not apply to eviction actions initiated under section 327C.09;
3.22provided, however, a park owner is not precluded from seeking relief under this section
3.23prior to the filing and service of an eviction action if the eviction action is based on
3.24a violation of section 327C.09.
3.25(c) Nothing in this section shall limit a plaintiff or defendant in a legal action from
3.26presenting evidence used in a hearing conducted, or presenting as evidence an order
3.27issued, under this section.
1.3remedy for violations of Minnesota Statutes, sections 327C.01 to 327C.14;
1.4amending Minnesota Statutes 2010, section 327C.01, by adding subdivisions;
1.5proposing coding for new law in Minnesota Statutes, chapter 327C.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 327C.01, is amended by adding a
1.8subdivision to read:
1.9 Subd. 1d. Complainant. "Complainant" means any park owner or resident who
1.10files a complaint with the office alleging a violation of sections 327C.01 to 327C.14.
1.11 Sec. 2. Minnesota Statutes 2010, section 327C.01, is amended by adding a subdivision
1.12to read:
1.13 Subd. 5a. Office. As used in section 327C.16, "office" means the Office of
1.14Administrative Hearings.
1.15 Sec. 3. Minnesota Statutes 2010, section 327C.01, is amended by adding a subdivision
1.16to read:
1.17 Subd. 9b. Respondent. "Respondent" means any park owner or resident who is
1.18alleged to have committed a violation of sections 327C.01 to 327C.14 in a complaint
1.19filed with the office.
1.20 Sec. 4. [327C.16] ADMINISTRATIVE REMEDY.
1.21 Subdivision 1. Filing of a complaint. A complaint filed by a complainant alleging a
1.22violation of sections 327C.01 to 327C.14 must be filed with the office within one year
2.1after the occurrence or discovery of the act or failure to act, whichever is later, that is the
2.2subject of the complaint. The complaint must be in writing, submitted under oath, and
2.3detail the factual basis for the claim that a violation of law has occurred. The office may
2.4prescribe the form of a complaint.
2.5 Subd. 2. Filing fee; waiver; refund. The complaint must be accompanied by
2.6a filing fee of $50. The office may waive the payment of the filing fee, if the individual
2.7seeking a waiver of the fee files with the office an affidavit stating that the individual is
2.8financially unable to pay the fee. The office may refund the filing fee of a complainant
2.9who prevails on the merits.
2.10 Subd. 3. Notice of hearing. Upon receipt of the complaint pursuant to subdivision
2.111, the chief administrative law judge shall issue a notice of hearing and serve both the
2.12notice and a copy of the complaint on the respondent.
2.13 Subd. 4. Mediation. If the complainant and respondent both agree to mediation of
2.14some or all of the claims in the complaint, the office shall proceed to schedule mediation
2.15in accordance with Minnesota Rules, chapter 1400.
2.16 Subd. 5. Conduct of hearings. (a) A complaint under this section shall be heard
2.17as a contested case in accordance with sections 14.57 to 14.62 and Minnesota Rules,
2.18parts 1400.8505 to 1400.8612, and shall be conducted at a place designated by the chief
2.19administrative law judge. A hearing under this section may be conducted by conference
2.20telephone call or by interactive television. All hearings must be open to the public. The
2.21administrative law judge may require the presence of witnesses and evidence by subpoena
2.22on behalf of any party. The parties may be represented by counsel and shall have the right
2.23to call, examine, and cross-examine witnesses. The burden of proving the allegations in
2.24the complaint is on the complainant, and the standard of proof is a preponderance of
2.25the evidence.
2.26(b) The administrative law judge must determine whether the violation alleged in
2.27the complaint occurred and must either:
2.28(1) dismiss the complaint;
2.29(2) issue an order directing the respondent to cease and desist from the violations
2.30found to exist; or
2.31(3) issue an order resolving the dispute in some other manner.
2.32(c) An order directing the respondent to cease and desist from the violations
2.33found to exist shall be enforceable through the district court in the district in which the
2.34respondent resides.
2.35 Subd. 6. Final decision. Following the determination of whether the violation
2.36alleged in the complaint occurred, the administrative law judge shall make findings of fact,
3.1conclusions of law, and an order. A copy of the decision and order shall be served upon
3.2each party or the party's representative by first class mail. The order is a final decision and
3.3is subject to appeal in accordance with sections 14.63 to 14.68.
3.4 Subd. 7. Allocation of costs. (a) The parties to any proceeding under this section
3.5must pay the costs of alternative dispute resolution or hearing in the proportions that
3.6they agree to.
3.7(b) If the parties do not agree to a division of the costs before the commencement
3.8of mediation or hearing, the costs must be allocated on an equitable basis by the chief
3.9administrative law judge.
3.10(c) The chief administrative law judge may contract with the parties to a matter for
3.11the purpose of providing administrative law judges and reporters for an administrative
3.12proceeding or alternative dispute resolution.
3.13(d) The chief administrative law judge shall assess the cost of services rendered by
3.14the office as provided by section 14.53. Notwithstanding section 14.53 or other law, the
3.15office is not liable for the costs.
3.16 Subd. 8. Nonexclusive remedy. (a) The administrative remedy in this section
3.17is not exclusive and does not limit the right of park owners or residents to take legal
3.18action against another party as provided in chapter 327C or otherwise. Exhaustion of the
3.19administrative remedy provided in this chapter is not required before a park owner or
3.20resident may bring a legal action.
3.21(b) This section does not apply to eviction actions initiated under section 327C.09;
3.22provided, however, a park owner is not precluded from seeking relief under this section
3.23prior to the filing and service of an eviction action if the eviction action is based on
3.24a violation of section 327C.09.
3.25(c) Nothing in this section shall limit a plaintiff or defendant in a legal action from
3.26presenting evidence used in a hearing conducted, or presenting as evidence an order
3.27issued, under this section.
