Municipal boundary adjustments: process overview

Opening a file

For all docketed proceedings, initiating documents and fees are received and collected according to statutory requirements.  The boundary adjustments staff opens a file.  Any legal or procedural issues are addressed at this point.

Non-Contested Proceedings

A non hearing file is a proceeding that is non-contested because it is filed under a section of Minnesota Statutes Chapter 414 that does not require a hearing, or where a hearing is not necessary due to a waiver of a right to object or a joint filing, as provided for by law.

The Chief Administrative Law Judge reviews non-hearing proceedings for decision on a monthly or bi-monthly basis as needed. Expedited review is available when requested for good cause.

Hearing Proceedings

Hearing proceedings include proposed boundary adjustments filed under any section of Minnesota Statutes Chapter 414 that requires a hearing or where a hearing is triggered by the receipt of a timely objection as provided for by law.

The statute requires a hearing date be scheduled within 30 to 60 days after receipt of initiating documents or a timely objection.  A decision on the matter must be made one year from the date of the first hearing.  Minn. Stat. §414.09 Subd. 1(a).  The decision deadline may be extended for a specific period of time with the written consent of all parties of record.  Minn. Stat. §414.07 Subd. 1.  Legal notice must be published for two consecutive weeks prior to the hearing (Minn. Stat. §414.09 Subd. 1(d) .

Dispute Resolution

Prior to the first hearing, the Chief Administrative Law Judge reviews the file and considers whether to send the matter straight to hearing or invoke either:

• Minn. Stat. §414.01 Subd. 16, which requires parties to meet locally at least three times during a 60-day period and report back the results of those meetings.  Extension of this time period may be granted if circumstances warrant.
   
• Mediation, in which a neutral third party facilitates a compromise settlement.  If mediation is invoked, either a the outset of a file or after Minn. Stat. §414.01 Subd. 16 meetings prove unsuccessful, the parties have input as to the kind of mediation:
  
  - parties choose a mediator on their own; or
  - parties contract for mediation services provided by the Office of Administrative Hearings

If parties disagree as to their preference of mediation, an administrative law judge from the Office of Administrative Hearings will be assigned as the mediator.  Parties are responsible for the costs of mediation.  Minn. Stat. §414.12 Subd. 3.

Or, alternatively, parties notify Municipal Boundary Adjustments in writing of their intent to invoke mediation and binding arbitration within 30 days of filing an initiating document or a timely objection.  Minn. Stat. §§572A.015 and 572A.02.  Although this option has been available since May 1997, parties have never elected to use it.

Hearing

If a hearing is necessary, the parties have input as to which decision-making forum they prefer for their evidentiary hearing.  The options are:

• Arbitration pursuant to Minnesota`s Uniform Arbitration Act, Chapter 572.  This arbitration is before a single arbitrator selected by the parties.  Note:  this arbitration is different than the process provides by Chapter 572A.02 which is before a three-member arbitration panel and must be invoked within 30 days of filing or objecting.
   
• Chapter 414 administrative hearing.  If the parties disagree as to the kind of hearing forum preferred, Municipal Boundary Adjustments will either conduct the hearing or delegate the matter to the Chief Administrative Law Judge for assignment of an administrative law judge.

Under Chapter 414, a hearing file may be sent directly to hearings at any time, either at the outset or after unsuccessful mediation or local meetings.  If local meetings or mediation is required, the hearing record is opened as scheduled and continued to an indefinite date to allow time for those alternative dispute resolution processes to occur.  If the parties do not resolve their dispute, the hearing is reconvened on the evidence at some future date.

Parties are responsible for all costs of arbitration or hearing.  Minn. Stat. §414.12, Subd. 3.

Appeal

• Arbitration.  Minn. Stat. §572.19.  Grounds are limited to challenging actions of the arbitrator or absence of an arbitration agreement, not the reasonableness of the decision or the underlying facts.
   
• Chapter 414 administrative hearing.  Minn. Stat. §414.07.  Can challenge the authority and  actions of the decision-maker as well as the underlying facts of the decision.