The following information provides a general overview of the boundary adjustment process at the Office of Administrative Hearings.
Statutes and Rules
The following statutes and rules are commonly used and referred to throughout the duration of a municipal boundary adjustment proceeding:
For all docketed proceedings, initiating documents and fees are received and reviewed for statutory compliance. The Municipal Boundary Adjustment Unit provides sample forms for a several types of boundary adjustments.
Proceedings Without a Hearing
For proceedings that do not require a hearing, the Chief Administrative Law Judge reviews the filing and issues orders when all statutory criteria are met.
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. A hearing must be held within 30 to 60 days from receipt of the initiating documents or a timely objection. Legal notice must be published for two weeks in a row prior to the hearing. An order on the proceeding must be issued no later than one year from the date of the first hearing. The decision deadline may be extended for a fixed additional period upon consent of all parties of record. Parties are responsible for the costs of the hearing pursuant to Minn. Stat. § 414.12, subd. 3.
Prior to the first hearing, the Chief Administrative Law Judge may require boundary adjustment disputes be addressed by alternative dispute resolution processes. Minn. Stat. § 414.01, subd. 16, 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 settlement may be invoked, either at the outset of a file or after meetings prove unsuccessful. The parties may contract for mediation services provided by the Office of Administrative Hearings or choose a mediator on their own. If parties disagree on mediation preferences, 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.
Pursuant to Minn. Stat. § 414.07, an appeal may be filed with the district court in the county in which the majority of the affected area is located.