Minnesota Administrative Rules

3310.2921 CONDUCT OF HEARING.

The order of presentation of evidence is determined by the unemployment law judge. The judge must inform the parties of the statutory provisions on burdens of proof before the taking of testimony.

Each party may present and examine witnesses and offer their own documents or other exhibits. To the extent permitted by Minnesota Statutes, section 268.19, and other laws pertaining to the protection of data, a party must be provided with a copy of any document or exhibit accepted into evidence upon the request of the party. Opposing parties have the right to examine witnesses, object to exhibits and testimony, and cross-examine the other party's witnesses. The judge should assist unrepresented parties in the presentation of evidence. The judge must rule upon evidentiary objections on the record. The judge must permit rebuttal testimony. Parties have the right to make closing statements. Closing statements may include comments based upon the evidence and arguments of law. The judge may limit repetitious testimony and arguments.

The judge must exercise control over the hearing procedure in a manner that protects the parties' rights to a fair hearing. The judge must ensure that relevant facts are clearly and fully developed.

Statutory Authority:

MS s 14.386; 14.388; 268.021; 268.10

History:

12 SR 2252; L 1997 c 66 s 79; 31 SR 285; 33 SR 999

Published Electronically:

January 14, 2009