Subdivision 1.Writing required.
Every decision and order rendered by an agency in a contested case shall be in writing, shall be based on the record and shall include the agency's findings of fact and conclusions on all material issues. A decision or order that rejects or modifies a finding of fact, conclusion, or recommendation contained in the report of the administrative law judge required under sections14.48to14.56, or requests remand under subdivision 2b, must include the reasons for each rejection, modification, or request for remand. A copy of the decision and order shall be served upon each party or the party's representative and the administrative law judge by first class mail.
Subd.
2.[Repealed,2002 c 251 s 7]
Subd. 2a.Administrative law judge decision final; exception.
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Subdivision 1.Writing required.
Every decision and order rendered by an agency in a contested case shall be in writing, shall be based on the record and shall include the agency's findings of fact and conclusions on all material issues. A decision or order that rejects or modifies a finding of fact, conclusion, or recommendation contained in the report of the administrative law judge required under sections14.48to14.56, or requests remand under subdivision 2b, must include the reasons for each rejection, modification, or request for remand. A copy of the decision and order shall be served upon each party or the party's representative and the administrative law judge by first class mail.
Subd. 2.
[Repealed,2002 c 251 s 7]
Subd. 2a.Administrative law judge decision final; exception.
Unless otherwise provided by law, the report or order of the administrative law judge constitutes the final decision in the case unless the agency modifies, rejects, or requests remand pursuant to subdivision 1 within 90 days after the record of the proceeding closes under section14.61. When the agency fails to act within 90 days on a licensing case, the agency must return the record of the proceeding to the administrative law judge for consideration of disciplinary action. In all contested cases where the report or order of the administrative law judge constitutes the final decision in the case, the administrative law judge shall issue findings of fact, conclusions, and an order within 90 days after the hearing record closes under section14.61. Upon a showing of good cause by a party or the agency, the chief administrative law judge may order a reasonable extension of either of the two 90-day deadlines specified in this subdivision. The 90-day deadline will be tolled while the chief administrative law judge considers a request for reasonable extension so long as the request was filed and served within the applicable 90-day period.
Subd. 2b.Agency request for remand.
(a) An agency may request remand of a finding of fact, conclusion of law, or recommendation within 45 days following the close of the hearing record under section14.61. Upon a showing of good cause by the agency, the chief administrative law judge may consider a request for remand received after the deadline specified in this provision.
(b) The requesting agency must state with specificity the reasons the agency is requesting remand. If the agency requests remand for additional fact finding, the agency must state with specificity that it is requesting remand for further fact finding, identify the issues for which further fact finding is needed, and explain why further fact finding is necessary to facilitate a fair and just final decision.
(c) The chief administrative law judge, or their designee, must accept a request for remand within ten business days if:
(1) the agency rejects a recommendation to grant summary disposition;
(2) a party who had procedurally defaulted during the administrative proceedings seeks to participate; or
(3) following remand from the Minnesota Court of Appeals or Minnesota Supreme Court, or identification of a mathematical or clerical error, the agency identifies a need for additional proceedings before the Court of Administrative Hearings.
(d) The chief administrative law judge, or their designee, may accept a request for remand within ten business days for other reasons as justice requires and consistent with section14.001.
(e) When a request for remand is accepted by the chief administrative law judge or their designee, the chief administrative law judge or their designee must assign an administrative law judge to conduct further proceedings under this chapter on the issues accepted for remand.
Subd. 3.Award of fees and other expenses.
Fees and expenses must be awarded as provided in sections15.471to15.474.
Subd. 4.Applicability.
This section does not apply to a contested case under which the report or order of the administrative law judge constitutes the final decision in the case.