Minnesota Administrative Rules

1400.8606 ADMINISTRATIVE LAW JUDGES.

Subpart 1.

Impartiality.

An administrative law judge shall be impartial, objective, and even-handed. If at any time the administrative law judge is unable to conduct any proceeding in an impartial manner, the administrative law judge shall withdraw. Upon the filing in good faith by a party of an affidavit of prejudice, the chief judge shall determine the matter as a part of the record provided the affidavit shall be filed no later than five days prior to the date set for hearing. A judge must be removed upon an affirmative showing of prejudice or bias. A judge may not be removed merely because of rulings on prior cases.

Subp. 2.

Communications.

The administrative law judge shall not communicate directly or indirectly with any person or party concerning any issue of fact or law relevant to a pending case except upon notice to all parties and opportunity for them to participate, except that:

A.

ex parte communication for scheduling, administrative purposes, or emergencies that do not deal with substantive matters or issues on the merits are authorized;

B.

a judge may consult with other judges and with office personnel in carrying out the judge's adjudicative responsibilities; and

C.

communication expressly authorized by law is permitted.

Subp. 3.

Duties.

Consistent with law and these rules, the administrative law judge shall perform the following duties:

A.

receive, and recommend action to the chief administrative law judge upon receipt of, requests for subpoenas;

B.

hear and rule on motions;

C.

preside at the hearing;

D.

administer oaths and affirmations;

E.

grant or deny continuances;

F.

examine witnesses as necessary to make a complete record;

G.

prepare findings of fact, conclusions, and recommendations;

H.

make preliminary, interlocutory, or other orders as necessary to assure a fair hearing;

I.

recommend a summary disposition of the case or a portion of it where there is no genuine issue as to any material fact or recommend dismissal where the case or a portion of it has become moot or for other reasons; and

J.

do all things necessary and proper to the performance of the foregoing.

Statutory Authority:

MS s 14.51; 15.474

History:

9 SR 2276; L 1984 c 640 s 32; 26 SR 391

Published Electronically:

August 6, 2013