2005 Minnesota Statutes - 144.4179 — Standard of proof; evidence.

     144.4179 Standard of proof; evidence. 


    Subdivision 1.    Clear and convincing.  The 
 commissioner must prove the allegations in the petition by clear 
 and convincing evidence. 


    Subd. 2.    All relevant evidence.  The court shall 
 admit all reliable relevant evidence.  Medical and epidemiologic 
 data must be admitted if it otherwise comports with section 
 145.30, chapter 600, Minnesota Rules of Evidence 803(6), or 
 other statutes or rules that permit reliable evidence to be 
 admitted in civil cases. 


    Subd. 3.    Carrier status.  Upon a finding by the court 
 that the commissioner's suspicion of carrier status is 
 reasonable as established by presentation of facts justifying an 
 inference that the respondent harbors a specific infectious 
 agent, there shall exist a rebuttable presumption that the 
 respondent is a carrier.  This presumption may be rebutted if 
 the respondent demonstrates noncarrier status after undergoing 
 medically accepted tests. 


    Subd. 4.    Failure to appear.  If a party fails to 
 appear at the hearing without prior court approval, the hearing 
 may proceed without the absent party and the court may make its 
 determination on the basis of all reliable evidence submitted at 
 the hearing. 


    Subd. 5.    Records.  The court shall take and preserve 
 an accurate stenographic record of the proceedings. 


    HIST: 1987 c 209 s 12