2005 Minnesota Statutes - 270A.09 — Contested claims procedure.

     270A.09 Contested claims procedure. 


    Subdivision 1.    Hearing.  If a claimant agency 
 receives written notice of a debtor's intention to contest at 
 hearing the claim upon which the intended setoff is based, it 
 shall initiate a hearing according to contested case procedures 
 established in the state Administrative Procedure Act not later 
 than 30 days after receipt of the debtor's request for a hearing.


    Subd. 1a.    Employment and economic development claims.  
 Notwithstanding 
 subdivision 1, any debtor contesting a setoff claim by the 
 Department of Employment and Economic Development shall have a hearing 
 conducted 
 in the same manner as an appeal under section 268.105. 


    Subd. 2.    Issues raised.  No issue may be raised at 
 the hearing which has been previously litigated.  If a debt is 
 based on a court judgment or court order, the hearing required 
 by subdivision 1 need not, but may be granted at the sole 
 discretion of the commissioner of the claimant agency.  


    Subd. 3.    Contested case; final decision.  The report 
 of the administrative law judge shall contain a decision and 
 order, which constitute the final decision in the contested 
 case.  A copy of the decision and order shall be served by first 
 class mail upon each party, the commissioner of revenue, and the 
 attorney general.  Fees and expenses may be awarded as provided 
 in sections 15.471 to 15.474.  The provisions for judicial 
 review under sections 14.63 to 14.68 apply to decisions of the 
 administrative law judge under this subdivision. 


    HIST: 1980 c 607 art 12 s 9; 1980 c 615 s 64; 1987 c 385 s 48; 
 1994 c 483 s 1; 1995 c 54 s 25; 1995 c 264 art 9 s 7; 1997 c 7 
 art 2 s 70; 2004 c 206 s 52