STATE OF
OFFICE OF ADMINISTRATIVE
HEARINGS
SAMPLE NOTICE AND ORDER FOR
HEARING FOR POLITICAL SUBDIVISIONS THAT CONTRACT WITH OAH TO CONDUCT HEARINGS
Attached is 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 informs the person of the right to be
represented by an attorney, and the right to present evidence, to make
argument, and to 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.[1] 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 or 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
Rev.
Feb. 2011
[1]
See Whalen v.