Bill Text: MN HF1666 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Unemployment insurance; appeals hearing directed to occur within 15 days of filing an appeal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-02 - Introduction and first reading, referred to Jobs and Economic Development Finance and Policy [HF1666 Detail]
Download: Minnesota-2013-HF1666-Introduced.html
1.2relating to unemployment insurance; directing that an appeals hearing must
1.3occur within 15 days of filing an appeal;amending Minnesota Statutes 2012,
1.4section 268.105, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 268.105, subdivision 1, is amended to read:
1.7 Subdivision 1. Evidentiary hearing by unemployment law judge. (a) Upon
1.8a timely appeal having been filed, the department must send, by mail or electronic
1.9transmission, a notice of appeal to all involved parties that an appeal has been filed, and
1.10that a de novo due process evidentiary hearing will be scheduled. The hearing must occur
1.11no more than 15 days from the filing date of the appeal. The notice must set out the
1.12parties' rights and responsibilities regarding the hearing. The notice must explain that the
1.13facts will be determined by the unemployment law judge based upon a preponderance of
1.14the evidence. The notice must explain in clear and simple language the meaning of the
1.15term "preponderance of the evidence." The department must set a time and place for a
1.16de novo due process evidentiary hearing and send notice to any involved applicant and
1.17any involved employer, by mail or electronic transmission, not less than ten calendar
1.18days before the date of the hearing.
1.19 (b) The evidentiary hearing is conducted by an unemployment law judge as an
1.20evidence gathering inquiry. At the beginning of the hearing the unemployment law judge
1.21must fully explain how the hearing will be conducted, that the applicant has the right to
1.22request that the hearing be rescheduled so that documents or witnesses can be subpoenaed,
1.23that the facts will be determined based on a preponderance of the evidence, and, in
1.24clear and simple language, the meaning of the term "preponderance of the evidence."
2.1The unemployment law judge must ensure that all relevant facts are clearly and fully
2.2developed. The department may adopt rules on evidentiary hearings. The rules need
2.3not conform to common law or statutory rules of evidence and other technical rules of
2.4procedure. The department has discretion regarding the method by which the evidentiary
2.5hearing is conducted. A report of any employee of the department, except a determination,
2.6made in the regular course of the employee's duties, is competent evidence of the facts
2.7contained in it. An affidavit or written statement based on personal knowledge and signed
2.8under penalty of perjury is competent evidence of the facts contained in it; however, the
2.9veracity of statements contained within the document or the credibility of the witness
2.10making the statement may be disputed with other documents or testimony and production
2.11of such documents or testimony may be compelled by subpoena.
2.12 (c) After the conclusion of the hearing, upon the evidence obtained, the
2.13unemployment law judge must make findings of fact and decision and send those, by mail
2.14or electronic transmission, to all involved parties. When the credibility of an involved
2.15party or witness testifying in an evidentiary hearing has a significant effect on the outcome
2.16of a decision, the unemployment law judge must set out the reason for crediting or
2.17discrediting that testimony. The unemployment law judge's decision is final unless a
2.18request for reconsideration is filed under subdivision 2.
2.19 (d) Regardless of paragraph (c), if the appealing party fails to participate in the
2.20evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal
2.21by summary order. By failing to participate, the appealing party is considered to have
2.22failed to exhaust available administrative remedies unless the appealing party files a
2.23request for reconsideration under subdivision 2 and establishes good cause for failing to
2.24participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission
2.25of a written statement does not constitute participation. The applicant must participate
2.26personally and appearance solely by a representative does not constitute participation.
2.27 (e) Only employees of the department who are attorneys licensed to practice law
2.28in Minnesota may serve as the chief unemployment law judge, senior unemployment
2.29law judges who are supervisors, or unemployment law judges. The commissioner
2.30must designate a chief unemployment law judge. The chief unemployment law judge
2.31may transfer to another unemployment law judge any proceedings pending before an
2.32unemployment law judge.
2.33(f) A full-time unemployment law judge must be paid a salary within a range directly
2.34tied to the salary set under section15A.083, subdivision 7 , for a workers' compensation
2.35judge. The salary paid within that range to any single unemployment law judge is based
2.36on experience and performance.
1.3occur within 15 days of filing an appeal;amending Minnesota Statutes 2012,
1.4section 268.105, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 268.105, subdivision 1, is amended to read:
1.7 Subdivision 1. Evidentiary hearing by unemployment law judge. (a) Upon
1.8a timely appeal having been filed, the department must send, by mail or electronic
1.9transmission, a notice of appeal to all involved parties that an appeal has been filed, and
1.10that a de novo due process evidentiary hearing will be scheduled. The hearing must occur
1.11no more than 15 days from the filing date of the appeal. The notice must set out the
1.12parties' rights and responsibilities regarding the hearing. The notice must explain that the
1.13facts will be determined by the unemployment law judge based upon a preponderance of
1.14the evidence. The notice must explain in clear and simple language the meaning of the
1.15term "preponderance of the evidence." The department must set a time and place for a
1.16de novo due process evidentiary hearing and send notice to any involved applicant and
1.17any involved employer, by mail or electronic transmission, not less than ten calendar
1.18days before the date of the hearing.
1.19 (b) The evidentiary hearing is conducted by an unemployment law judge as an
1.20evidence gathering inquiry. At the beginning of the hearing the unemployment law judge
1.21must fully explain how the hearing will be conducted, that the applicant has the right to
1.22request that the hearing be rescheduled so that documents or witnesses can be subpoenaed,
1.23that the facts will be determined based on a preponderance of the evidence, and, in
1.24clear and simple language, the meaning of the term "preponderance of the evidence."
2.1The unemployment law judge must ensure that all relevant facts are clearly and fully
2.2developed. The department may adopt rules on evidentiary hearings. The rules need
2.3not conform to common law or statutory rules of evidence and other technical rules of
2.4procedure. The department has discretion regarding the method by which the evidentiary
2.5hearing is conducted. A report of any employee of the department, except a determination,
2.6made in the regular course of the employee's duties, is competent evidence of the facts
2.7contained in it. An affidavit or written statement based on personal knowledge and signed
2.8under penalty of perjury is competent evidence of the facts contained in it; however, the
2.9veracity of statements contained within the document or the credibility of the witness
2.10making the statement may be disputed with other documents or testimony and production
2.11of such documents or testimony may be compelled by subpoena.
2.12 (c) After the conclusion of the hearing, upon the evidence obtained, the
2.13unemployment law judge must make findings of fact and decision and send those, by mail
2.14or electronic transmission, to all involved parties. When the credibility of an involved
2.15party or witness testifying in an evidentiary hearing has a significant effect on the outcome
2.16of a decision, the unemployment law judge must set out the reason for crediting or
2.17discrediting that testimony. The unemployment law judge's decision is final unless a
2.18request for reconsideration is filed under subdivision 2.
2.19 (d) Regardless of paragraph (c), if the appealing party fails to participate in the
2.20evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal
2.21by summary order. By failing to participate, the appealing party is considered to have
2.22failed to exhaust available administrative remedies unless the appealing party files a
2.23request for reconsideration under subdivision 2 and establishes good cause for failing to
2.24participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission
2.25of a written statement does not constitute participation. The applicant must participate
2.26personally and appearance solely by a representative does not constitute participation.
2.27 (e) Only employees of the department who are attorneys licensed to practice law
2.28in Minnesota may serve as the chief unemployment law judge, senior unemployment
2.29law judges who are supervisors, or unemployment law judges. The commissioner
2.30must designate a chief unemployment law judge. The chief unemployment law judge
2.31may transfer to another unemployment law judge any proceedings pending before an
2.32unemployment law judge.
2.33(f) A full-time unemployment law judge must be paid a salary within a range directly
2.34tied to the salary set under section
2.35judge. The salary paid within that range to any single unemployment law judge is based
2.36on experience and performance.
