SAMPLE NOTICE AND ORDER FOR HEARING FOR POLITICAL SUBDIVISIONS
THAT CONTRACT WITH OAH TO CONDUCT HEARINGS
The Office of Administrative Hearings (OAH) provides a sample Notice and Order for Hearing that may be used as a guide when a local unit of government has contracted with or is directed by statute to use OAH to conduct a fact-finding hearing. It is a sample and may be altered to suit the type of hearing and the specific authority in statute, local code or ordinance that governs the proceeding. If there are no specific requirements that apply to the hearing, this type of notice should meet minimum due process requirements. It clearly informs the Respondent of the date, time and place of the hearing, the issues that will be addressed, and the name of a local contact person. It also informs the person of their right to be represented by an attorney and the right to present evidence, make arguments and cross-examine witnesses.
Sometimes the particular local code or governing statute will direct that the hearing be conducted according to the contested case provisions of Minnesota Statutes Chapter 14. There are notes on the sample pointing out when the paragraph in the Notice and Order is tied to the contested case rules. In other instances, the local code or governing statute will specify procedures to be followed. Sometimes parties agree to conduct the hearing according to the rules of the Office of Administrative Hearings. Please be aware that if there is no clear authority, the administrative law judge has only the powers necessary to conduct a “fair hearing” on behalf of the decision-maker. For example, there is no implied authority for an administrative law judge to issue subpoenas or to order discovery. Absent clear authority, the administrative law judge’s powers may be limited.
It should also be clearly established prior to the commencement of the hearing whether the administrative law judge will make a final decision or issue a recommendation to an individual decision-maker, council or board. This determination will be dependent on the governing statutes, code, ordinance or the delegation of authority given to the administrative law judge by the decision-maker.
If you have any questions about the contents of the Notice and Order for Hearing, please call the Office of Administrative Hearings at (651) 361-7900, and ask to speak to one of the staff attorneys.
The Office of Administrative Hearings has a brochure that explains the services it can provide to Cities, Counties and School Districts. It is available on the Internet at www.oah.state.mn.us, or by calling the telephone number above.
Download the SAMPLE NOTICE AND ORDER FOR HEARING FOR POLITICAL SUBDIVISIONS (Word doc)