STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
COMPLAINT FORM FOR VIOLATION OF THE FAIR CAMPAIGN PRACTICES
AND CAMPAIGN FINANCE ACTS
Information about complaint filer (Complainant)
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Name of complaint filer
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Address
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City, state, zip
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Daytime telephone no. |
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Fax no.
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Identify person/entity you are complaining about (Respondent)
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Name of person/entity being complained about
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Address
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City, state, zip
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Daytime telephone no. |
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Fax no.
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Give the statutory cite to the part of Minnesota Statutes Chapter 211A or 211B that you believe has been violated. __________________________________.
(You will find the complete text of Minn. Stat. Chs. 211A and 211B at the OAH website, www.oah.state.mn.us.)
Date(s) of violation:_______________________________________________.
Date of election or ballot question:____________________________________.
Elected office or ballot question involved:______________________________ .
If allowed by law, do you wish to request an expedited probable cause hearing (within 3 business days)? _________ .
Explain in detail why you believe the respondent has violated Chapter 211A or 211B. Attach an extra sheet of paper if necessary. Attach copies of any documents that support your allegations. This complaint must be dismissed by the Administrative Law Judge if this submission does not show a prima facie violation of the statutes. “Prima facie” means that the facts you present must be sufficient to show a violation.
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Oath:
I, _______________________, under penalty of perjury, swear or affirm that the statements I have made in this complaint are true and correct to the best of my knowledge.
_____________________________ ____________________
Signature of person filing complaint Date
(Sign in front of Notary Public)
Sworn/affirmed before me
this ____ day of _________, 2009.
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Notary Public/Seal
Send completed form and check for $50 filing fee made payable to: Office of Administrative Hearings. If you are financially unable to pay the filing fee, you may submit an in forma pauperis affidavit (available on the OAH website) instead.
Complaints may be submitted to
the OAH by personal delivery,
If you have questions call an OAH staff attorney at 651-361-7837 or 651-361-7846.
This document is available in alternative formats to individuals with disabilities by calling 651-361-7840. For TTY/TDD communication contact us at 651-361-7878.
Minn. Stat. § 211B.33, subd. 1 and 2 (prima facie review) provides as follows:
Subdivision 1. (TIME FOR REVIEW.) The chief administrative law judge must randomly assign an administrative law judge to review the complaint. Within one business day after the complaint was filed with the office, when practicable, but never longer than three business days, the administrative law judge must make a preliminary determination for its disposition.
Subd. 2. (RECOMMENDATION.) (a) If the administrative law judge determines that the complaint does not set forth a prima facie violation of chapter 211A or 211B, the administrative law judge must dismiss the complaint.
(b) If the administrative law judge determines that the complaint sets forth a prima facie violation of section 211B.06 and was filed within 60 days before the primary or special election or within 90 days before the general election to which the complaint relates, the administrative law judge must conduct an expedited probable cause hearing under section 211B.34.
(c) If the administrative law judge determines that the complaint sets forth a prima facie violation of a provision of chapter 211A or 211B, other than section 211B.06, and that the complaint was filed within 60 days before the primary or special election or within 90 days before the general election to which the complaint relates, the administrative law judge, on request of any party, must conduct an expedited probable cause hearing under section 211B.34.
(d) If the administrative law judge determines that the complaint sets forth a prima facie violation of chapter 211Aor 211B, and was filed more than 60 days before the primary or special election or more than 90 days before the general election to which the complaint relates, the administrative law judge must schedule an evidentiary hearing under section 211B.35.