For purposes of this appeal, the State Fair does not dispute that it is a public employer subject to the provisions of section179A.25. See Bureau Policy VII, Independent Review. Bureau Policy VII does not appear to contemplate summary disposition of claims, except those dismissed for lack of jurisdiction. Although neither the statute nor the BMS's Independent Review Policy specifically authorizes summary proceedings, they likewise do not prohibit them. Both federal and state agencies commonly employ summary procedures in carrying out their quasi-judicial duties.
State agencies have in some instances specifically provided for summary procedures in their rules.
Anderson has not raised the issue that the absence of the rule deprived him of constitutional notice, but the BMS may wish to consider including summary procedure provisions in its Policy for Independent Review to assure that litigants are aware of the procedure. An appeal from an administrative summary disposition is reviewed under the same standard as an appeal from summary judgment. Thus, the State Fair must demonstrate that no genuine issues of material fact exist and that it is entitled to judgment as a matter of law. See Minn. R. Civ. In reviewing summary judgment, this court views the evidence in a light most favorable to the party against whom judgment was granted.