Municipal Boundary Adjustment Unit - Process Overview
 

Initiating Documents
Non-Contested Proceedings
Hearing Proceedings
Dispute Resolution
Hearing
Appeal

Initiating Documents:

For all docketed proceedings, initiating documents and fees are received and collected according to statutory requirements.  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 basis or as needed.  Expedited review is available when requested for good cause.

Hearing Proceedings:

Hearing proceedings include proposed boundary adjustments filed under any section of 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 to be held 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 pursuant to 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 pursuant to Minn. Stat. §  414.07 Subd. 1.  Legal notice must be published for two consecutive weeks prior to the hearing pursuant to 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 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 at 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 pursuant to Minn. Stat. § 414.12 Subd. 3.

Hearing:

Under Chapter 414, a hearing file may be sent directly to hearing at any time.  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 dispute resolution and hearing pursuant to Minn. Stat. § 414.12, Subd. 3.

Appeal:

Pursuant to Minn. Stat. § 414.07, any person aggrieved by any order issued under Chapter 414 can challenge the authority and actions of the decision-maker as well as the underlying facts of the decision.