piers109uk/MN-Statutes huggingface dataset:
174.186 DISADVANTAGED BUSINESS ENTERPRISE COLLABORATIVE.
(a) The commissioner of transportation shall convene regular meetings of the disadvantaged business enterprise program and workforce inclusion collaborative, as constituted by the commissioner as of January 1, 2010.
(b) The collaborative shall review and evaluate the commissioner's implementation of the disadvantaged business enterprise program, under Code of Federal Regulations, title 49, and recommend changes, including possible legislation, to improve the effectiveness of the program in this state. At a minimum, the collaborative shall review, evaluate, and recommend program changes where necessary in the following areas:
(1) an on-the-job training program to increase the diversity of the workforce on projects;
(2) on-the-job trainee tracking and retention;
(3) a mentor and protégé program for small, disadvantaged business entrepreneurs;
(4) requirements for participation of disadvantaged business enterprises at the time of letting bids for contracts;
(5) a coordinated access point to recruit disadvantaged business enterprises and a diverse workforce;
(6) objective measures for good-faith efforts to recruit disadvantaged business enterprises;
(7) a working capital fund for small disadvantaged business enterprises;
(8) increased transparency for results in the on-the-job training and disadvantaged business enterprise programs;
(9) civil rights program training;
(10) a targeted group business program for state-funded projects; and
(11) coding systems and dual goals for women and people of color.
(c) The commissioner shall provide staff and administrative support for the collaborative and shall establish policies and procedures for the collaborative, including quorum requirements and majority decision making.
(d) The representatives of the Department of Transportation with responsibility for civil rights and contracting shall participate in collaborative meetings and deliberations.
(e) Members of the collaborative do not receive compensation or reimbursement of expenses.
The collaborative shall develop recommendations to the commissioner and to the legislature designed to implement fully the federal Disadvantaged Business Enterprise program in this state and to improve the effectiveness of the program. These recommendations, including any draft legislation if the collaborative decides to recommend legislation, may include, but are not limited to, strategies, policies, and actions focused on:
(1) requiring bid proposals to include information on disadvantaged business enterprise participation;
(2) defining and implementing appropriate accountability measures when disadvantaged business enterprise contract goals are not met in accordance with Code of Federal Regulations, title 49;
(3) sponsoring disadvantaged business enterprise training and development workshops; and
(4) strengthening the content and frequency of department reporting requirements relating to the disadvantaged business enterprise program.
174.29 COORDINATION OF SPECIAL TRANSPORTATION SERVICE.
For the purpose of sections 174.29 and 174.30 "special transportation service" means motor vehicle transportation provided on a regular basis by a public or private entity or person that is designed exclusively or primarily to serve individuals who are elderly or disabled and who are unable to use regular means of transportation but do not require ambulance service, as defined in section 144E.001, subdivision 3. Special transportation service includes but is not limited to service provided by specially equipped buses, vans, taxis, and volunteer drivers, as defined in section 65B.472, subdivision 1, paragraph (h), using private automobiles. Special transportation service also means those nonemergency medical transportation services under section 256B.0625, subdivision 17, that are subject to the operating standards for special transportation service under sections 174.29 to 174.30 and Minnesota Rules, chapter 8840.
In order to provide more adequate access to transportation service for the elderly and disabled with special transportation needs and to more efficiently utilize public and private funds expended for that purpose, all state agencies that assist, provide, reimburse, or regulate special transportation services shall promote, support, and facilitate coordination of those services with other special services and with regular transportation services offered to the general public.
[Expired]
174.295 ELIGIBILITY CERTIFICATION; PENALTY FOR FRAUD.
A provider of special transportation service, as defined in section 174.29, receiving financial assistance under section 174.24, shall include on the application form for special transportation service, and on the eligibility certification form if different from the application form, a notice of the penalty for fraudulent certification under subdivision 4.
A provider shall include on the application or eligibility certification form a place for the person certifying the applicant as eligible for special transportation service to sign, and the person certifying the applicant shall sign, stating that the certifier understands the penalty for fraudulent certification and that the certifier believes the applicant to be eligible.
A provider shall include on the application form a place for the applicant to sign, and the applicant shall sign, stating that the applicant understands the penalty for fraudulent certification and that the information on the application is true.
A person is guilty of a misdemeanor if:
(1) the person fraudulently certifies to the special transportation service provider that the applicant is eligible for special transportation service; or
(2) the person obtains certification for special transportation service by misrepresentation or fraud.
174.315 SPECIAL TRANSPORTATION; AMBULANCE SERVICE PROHIBITED.
Special transportation services shall not provide or offer transportation to persons who might reasonably require ambulance service, as defined in section 144E.001, subdivision 3, while in the special transportation vehicle. The commissioner of transportation shall investigate all complaints alleging violations of this section. When requested, the commissioner of health shall assist the commissioner of transportation in determining whether a violation occurred.
Data relating to an individual's physical condition or medical treatment collected, received, or maintained by the Department of Transportation under this section are private data on individuals. The commissioner of transportation may disclose data classified as private data on individuals to the commissioner of health to the extent necessary to determine if a violation of this section occurred.
Notwithstanding section 174.30, subdivision 8, the commissioner of transportation may issue an order assessing a monetary penalty of up to $10,000 for a violation of this section. The minimum penalty for a third violation of this section within three years shall be revocation of the certificate issued under section 174.30, subdivision 4a. A person whose certificate is revoked under this section may appeal the commissioner's action in a contested case proceeding under chapter 14.
174.35 LIGHT RAIL TRANSIT.
The commissioner of transportation may exercise the powers granted in this chapter and chapter 473, as necessary, to plan, design, acquire, construct, and equip light rail transit facilities in the metropolitan area as defined in section 473.121, subdivision 2. The commissioner shall not spend state funds to study light rail transit unless the funds are appropriated in legislation that identifies the route, including the origin and destination.
174.36 NOTICE OF STUDIES OF HIGH-SPEED RAIL.
The commissioner shall notify the chairs of the senate and house of representatives committees with jurisdiction over transportation finance whenever the commissioner spends state funds to study high-speed intercity passenger rail service.
174.42 TRANSPORTATION ALTERNATIVES PROJECTS.
For purposes of this section, "transportation alternatives" means those projects identified in the state transportation improvement program as having (1) a program category of bike trail, enhancement, or recreational trail; (2) any program category that is substantially similar to a category identified in clause (1); or (3) a route system category of ped/bike.
In each federal fiscal year, the commissioner shall obtain a total amount in federal authorizations for reimbursement on transportation alternatives projects that is equal to or greater than the annual average of federal authorizations on transportation alternatives projects calculated over federal fiscal years 2010 to 2012.
174.45 PUBLIC-PRIVATE PARTNERSHIPS; JOINT PROGRAM OFFICE.
The commissioner may establish a joint program office to oversee and coordinate activities to develop, evaluate, and implement public-private partnerships involving public infrastructure investments. At the request of the commissioner of transportation, the commissioner of management and budget, the commissioner of employment and economic development, the executive director of the Public Facilities Authority, and other state agencies shall cooperate with and provide assistance to the commissioner of transportation for activities related to public-private partnerships involving public infrastructure investments.
174.247 ANNUAL TRANSIT REPORT.
(a) By February 15 annually, the commissioner must submit a report to the legislature on transit services outside the metropolitan area. Any public transportation system receiving assistance under section 174.24 must provide assistance in creating the report, as requested by the commissioner.
(b) The report must include, at a minimum, the following:
(1) a descriptive overview of public transportation in Minnesota;
(2) a descriptive summary of funding sources and assistance programs;
(3) a summary of each public transportation system receiving assistance under section 174.24;
(4) data that identifies use of volunteers in providing transit service;
(5) financial data that identifies for each public transportation system and for each transit system classification under section 174.24, subdivision 3b:
(i) the operating and capital costs;
(ii) each of the funding sources used to provide financial assistance; and
(iii) for federal funds, the amount from each specific federal program under which funding is provided;
(6) a summary of the differences in program implementation requirements and aid recipient eligibility between federal aid and state sources of funds; and
(7) an analysis of public transportation system needs and operating expenditures on an annual basis, which must include a methodology for identifying monetary needs, and calculations of:
(i) the total monetary needs for all public transportation systems, for the year of the report and the ensuing five years;
(ii) the total expenditures from local sources for each transit system classification;
(iii) the comprehensive transit assistance percentage for each transit system classification, which equals (A) the expenditures identified under item (ii), for a transit system classification, divided by (B) the amounts identified under subitem (A), plus the sum of state sources of funds plus federal funds provided to all transit systems in that classification; and
(iv) the amount of surplus or insufficient funds available for paying capital and operating costs to fully implement the greater Minnesota transit investment plan under section 174.24, subdivision 1a.
174.255 PARATRANSIT PROGRAM; ACCESSIBILITY; INSURANCE.
The commissioner shall require any paratransit project receiving assistance under section 174.24 that includes the operation of two or more vehicles other than automobiles or taxis to provide at least one vehicle that is accessible to disabled individuals and may require additional accessible vehicles if necessary to serve disabled individuals expected to use the project. A vehicle is accessible if it is equipped to allow transportation of an individual using a wheelchair or using an orthopedic device.
In order to reduce the expense of liability insurance required for paratransit projects eligible for assistance under section 174.24, the commissioner and the commissioner of commerce shall investigate the causes of high liability insurance costs and shall take the appropriate administrative action to assist paratransit projects to obtain liability insurance coverage from qualified insurance carriers at the lowest available cost. Appropriate administrative action includes: (1) taking bids from and negotiating and entering into contracts with qualified carriers to provide liability insurance for eligible paratransit projects that wish to be covered, and (2) providing technical and administrative assistance to eligible paratransit projects to assist them in securing low-cost liability insurance.
A person operating or assisting the operation of a vehicle while employed by a program such as "project mobility" may leave the vehicle to enter premises in order to assist a person who does not require emergency ambulance service to gain access and entrance to the vehicle. The assistance shall include assisting through the first entrance to a building. Operators of the special transportation vehicles shall provide the necessary passenger assistance for door-through-door service. Assistance shall also include assisting wheelchair passengers over any exterior steps essential to either departure or destination buildings, subject to both the steps and the wheelchair being in good repair. If an operator or assistant refuses to assist because of the condition of the steps or the wheelchair, the operator of the service shall send letters to the commissioner of transportation and the person denied service detailing the corrective measures necessary to qualify for service.
174.21 PUBLIC TRANSPORTATION ASSISTANCE AND TRANSPORTATION MANAGEMENT; PURPOSE.
It is the purpose of sections 174.21 to 174.27 to:
(1) provide access to transit for persons who have no alternative mode of transit available;
(2) increase the efficiency and productivity of public transportation systems;
(3) alleviate problems of automobile congestion and energy consumption and promote desirable land use where such activities are cost-effective;
(4) maintain a state commitment to public transportation; and
(5) meet the needs of individual transit systems to the extent they are consistent with the other objectives stated above.
174.27 PUBLIC EMPLOYER COMMUTER VAN PROGRAM.
Any statutory or home rule charter city, county, school district, independent board, or agency may acquire or lease commuter vans, enter into contracts with another public or private employer to acquire or lease such vans, or purchase such a service for the use of its employees. The governing body of any such city, county, or school district may by resolution establish a commuter van revolving fund to be used to acquire or lease commuter vans for the use of its employees. Any payments out of the fund shall be repaid to the fund out of revenues derived from the use by the employees of the city, county, or school district, of the vans so purchased or leased. Any city, county, or school district which establishes a commuter van acquisition program or contracts for this service is authorized to levy a tax annually on all taxable property in the subdivision for the purpose of establishing a commuter van revolving fund and of paying the administrative and promotional costs of the program, which levy may be in excess of all charter taxing limitations. The governing body of any city, county, or school district may by resolution terminate the commuter van revolving fund and use the funds for other purposes authorized by law.
174.257 RIDE-SHARING PROGRAM.
(a) The commissioner of transportation shall establish a ride-sharing program in order to advise citizens of the available alternatives to travel by low-occupancy vehicles and the benefits derived from sharing rides. The program must provide citizens with necessary information and opportunities for sharing rides, encourage citizens to share rides, and assist citizens in obtaining access to shared rides. The program must make use of existing services and agencies whenever possible. The program must give priority to assisting employers who will implement employee ride-sharing programs.
(b) The services provided by the program must include:
(1) providing general information to potential ride-sharing users;
(2) establishing procedures for the implementation of ride-sharing programs by individuals, groups, corporations, or local agencies;
(3) offering assistance to local governments and other political subdivisions in implementing ride-sharing programs;
(4) providing technical assistance to those individuals, groups, corporations, or local agencies;
(5) providing advice to individuals requesting assistance in finding ride-sharing opportunities and programs; and
(6) providing assistance in obtaining insured leased vans and management assistance to individuals and persons implementing ride-sharing programs.
No political subdivision may impose a tax on, or require a license for a ride-sharing arrangement as defined in section 169.011, subdivision 65.
A political subdivision may authorize the use of motor vehicles which it owns or operates for ride-sharing arrangements for its employees, and may establish reasonable reimbursement rates for that use.
The state may authorize the use of motor vehicles which it owns or operates for ride-sharing arrangements for its employees, and shall establish reasonable reimbursement rates for that use.
174.375 ACTIVE TRANSPORTATION ADVISORY COMMITTEE.
(a) The commissioner of transportation must establish an active transportation advisory committee. The advisory committee must make recommendations to the commissioner on items related to:
(1) active transportation, including safety, education, and development programs;
(2) the active transportation program under section 174.38; and
(3) the safe routes to school program under section 174.40.
(b) The committee must review and analyze issues and needs relating to active transportation on public rights-of-way and identify solutions and goals for addressing identified issues and needs.
(c) For purposes of this section, "active transportation" includes bicycling, pedestrian activities, and other forms of nonmotorized transportation.
(a) The advisory committee consists of the members specified in this subdivision.
(b) The commissioner of transportation must appoint up to 18 public members as follows: one member from each of the department's seven greater Minnesota districts; four members from the department's metropolitan district; and no more than seven members at large. Each of the members at large must represent nonmotorized interests or organizations.
(c) The commissioners of each of the following state agencies must appoint an employee of the agency to serve as a member: administration, education, health, natural resources, public safety, transportation, and pollution control. The chair of the Metropolitan Council must appoint an employee of the council to serve as a member. The director of Explore Minnesota Tourism must appoint an employee of the agency to serve as a member.
(d) The division administrator of the Federal Highway Administration may appoint an employee of the agency to serve as a member.
(e) Each member of the committee serves a four-year term at the pleasure of the appointing authority.
(f) The committee must select a chair from its membership.
(a) The advisory committee must establish a meeting schedule and meet at least annually.
(b) The commissioner of transportation must provide department staff support to the advisory committee.
(a) Members of the advisory committee serve without compensation, but members who are not employees of government agencies must be reimbursed for expenses in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2.
(b) To provide compensation under paragraph (a), the commissioner of transportation may expend the amount necessary from general fund appropriations.
The advisory committee must submit an annual report to the commissioner of transportation.
The advisory committee expires June 30, 2033.
174.47 ELECTRIC VEHICLE INFRASTRUCTURE PROGRAM.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Commissioner" means the commissioner of transportation.
(c) "Program" means the electric vehicle infrastructure program established in this section.
(d) "Project" includes but is not limited to planning, predesign, design, preliminary and final engineering, environmental analysis, property acquisition, construction, and maintenance.
The commissioner must establish a statewide electric vehicle infrastructure program for the purpose of implementing the National Electric Vehicle Infrastructure Formula Program and successor programs to maximize the use of federal funds available to the state.
The commissioner may enter into an agreement with any private or public entity to provide financial assistance for, or engage in the planning, designing, developing, hosting, constructing, equipping, operating, or maintaining of, electric vehicle infrastructure, including but not limited to environmental studies, preliminary engineering, final design, construction, and developing financial and operating plans.
(a) The commissioner must require that electric vehicle infrastructure funded under the program is constructed, installed, and maintained in conformance with the requirements under Code of Federal Regulations, title 23, section 680.106, paragraph (j), or successor requirements.
(b) An electric vehicle infrastructure project that receives funds under the program is subject to the requirement of paying the prevailing wage rate as defined in section 177.42, and the requirements and enforcement provisions in sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45.
(a) Every even-numbered year by February 1, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance regarding the electric vehicle infrastructure program. At a minimum, the report must include:
(1) an itemization of federal funds spent for the program, including the purpose of the expenditure and the recipient of the expenditure;
(2) an itemization of state funds spent for the program, including the purpose of the expenditure and the recipient of the expenditure;
(3) the amount of money, from any source, that was used for department staff related to the program;
(4) any changes to the plan that were made since the previous report was submitted;
(5) the locations of electric vehicle infrastructure created with the program, including the type of infrastructure and whether the infrastructure is on public or private property;
(6) a description of how projects were selected; and
(7) a description of how the commissioner is ensuring electric vehicle infrastructure is regionally balanced.
(b) The commissioner is not required to submit a report pursuant to this subdivision if, since the previous report was submitted, no money has been spent pursuant to this section.
174.49 TRANSPORTATION ADVANCEMENT ACCOUNT.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Commissioner" means the commissioner of transportation.
(c) "Metropolitan counties" means the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
A transportation advancement account is established in the special revenue fund. The account consists of funds under sections 168E.09, subdivision 2, and 297A.94, and as provided by law and any other money donated, allotted, transferred, or otherwise provided to the account.
The commissioner must distribute or transfer the funds in the transportation advancement account as follows:
(1) 36 percent to metropolitan counties in the manner provided under subdivision 5;
(2) ten percent to the county state-aid highway fund;
(3) 15 percent to the larger cities assistance account under section 162.146, subdivision 1;
(4) 27 percent to the small cities assistance account under section 162.145, subdivision 2;
(5) 11 percent to the town road account under section 162.081; and
(6) one percent to the food delivery support account under section 256.9752, subdivision 1a.
The amount available in the transportation advancement account under subdivision 3, clause (1), is annually appropriated to the commissioner for distribution to metropolitan counties as provided under subdivision 5.
The commissioner must apportion any funds that are specified for distribution under this subdivision as follows:
(1) 50 percent of the funds proportionally based on each metropolitan county's share of population, as defined in section 477A.011, subdivision 3, compared to the total population of all metropolitan counties; and
(2) 50 percent of the funds proportionally based on each metropolitan county's share of money needs, as determined under section 162.07, subdivision 2, compared to the total money needs of all metropolitan counties.
(a) A metropolitan county must use funds that are received under subdivision 5 as follows:
(1) 41.5 percent for active transportation and transportation corridor safety studies;
(2) 41.5 percent for:
(i) repair, preservation, and rehabilitation of transportation systems; and
(ii) roadway replacement to reconstruct, reclaim, or modernize a corridor without adding traffic capacity, except for auxiliary lanes with a length of less than 2,500 feet; and
(3) 17 percent for any of the following:
(i) transit purposes, including but not limited to operations, maintenance, capital maintenance, demand response service, and assistance to replacement service providers under section 473.388;
(ii) complete streets projects, as provided under section 174.75; and
(iii) projects, programs, or operations activities that meet the requirements of a mitigation action under section 161.178, subdivision 4.
(b) Funds under paragraph (a), clause (3), must supplement and not supplant existing sources of revenue.
(c) A metropolitan county may use funds that are received under subdivision 5 as debt service for obligations issued by the county in accordance with chapter 475, provided that the obligations are issued for a use allowable under this section.
174.53 DEPARTMENT OF TRANSPORTATION EFFICIENCIES.
(a) Beginning in fiscal years 2018 and 2019, the commissioner of transportation must implement efficiencies equal to at least 15 percent of the appropriations made annually to the commissioner from the trunk highway fund that are above base appropriations for fiscal years 2018 and 2019.
(b) The efficiency savings resulting from the requirements in paragraph (a) are for the construction, maintenance, or rehabilitation of trunk highways, including roads and bridges.
174.58 STATE ROAD CONSTRUCTION PRIOR APPROPRIATIONS.
(a) For purposes of this section, "biennium" has the meaning given in section 16A.011, subdivision 6.
(b) An appropriation to the commissioner of transportation for the state road construction budget activity in any prior fiscal year is available to the commissioner in the current fiscal year only to the extent that the commissioner spends the money on the state road construction project for which the money was first encumbered during the biennium in which it was originally appropriated.
174.57 SNOW AND ICE CONTROL; APPROPRIATION.
(a) In a fiscal year in which the commissioner expends more than 100 percent of the established annual expenditure level for snow and ice management, the commissioner may use an additional amount for this purpose that does not exceed 50 percent of the unappropriated balance in the trunk highway fund. The amount identified by the commissioner under this paragraph is appropriated from the trunk highway fund to the commissioner for snow and ice management purposes.
(b) Upon using the appropriation authority in this section, the commissioner must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the house of representatives and senate committees having jurisdiction over transportation finance. The notification must at a minimum identify the established expenditure level for snow and ice management and the amount appropriated under this section.
(c) In each budget submission to the legislature under section 16A.11, the commissioner must include:
(1) the proposed annual expenditure level for snow and ice management for the next budget biennium; and
(2) the total annual amount expended or estimated to be expended under the appropriation in this section for the budget biennium that is ending.
174.61 DEFINITIONS.
For the purposes of sections 174.60 to 174.63 the terms defined in this section have the meanings given them.
"Corporation" means the National Railroad Passenger Corporation created pursuant to the Rail Passenger Service Act of 1970, Public Law 91-518.
"Governmental unit" means a regional development commission, county, city or town.
174.595 TRANSPORTATION FACILITIES CAPITAL PROGRAM.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Capital building asset" includes but is not limited to district headquarters buildings, truck stations, salt storage or other unheated storage buildings, deicing and anti-icing facilities, fuel dispensing facilities, highway rest areas, and vehicle weigh and inspection stations.
(c) "Commissioner" means the commissioner of transportation.
(d) "Department" means the Department of Transportation.
(e) "Program" means the transportation facilities capital program established in this section.
The commissioner must establish a transportation facilities capital program in conformance with this section to provide for capital building asset projects related to buildings and other capital facilities of the department.
(a) A transportation facilities capital account is established in the trunk highway fund. The account consists of money appropriated from the trunk highway fund for the purposes of the program and any other money donated, allotted, transferred, or otherwise provided to the account by law.
(b) A transportation facilities capital subaccount is established in the bond proceeds account in the trunk highway fund. The subaccount consists of trunk highway bond proceeds appropriated to the commissioner for the purposes of the program. Money in the subaccount may only be expended on trunk highway purposes, including the purposes specified in this section.
The commissioner must establish a process to implement the program that includes allocation of funding based on review of eligible projects as provided under subdivision 5 and prioritization as provided under subdivision 6. The process must be in conformance with trunk highway fund uses for the purposes of constructing, improving, and maintaining the trunk highway system in the state pursuant to the Minnesota Constitution, article XIV.
A project is eligible under this section only if the project:
(1) involves the construction, improvement, or maintenance of a capital building asset that is part of the trunk highway system;
(2) accomplishes at least one of the following:
(i) supports the programmatic mission of the department;
(ii) extends the useful life of existing buildings; or
(iii) renovates or constructs facilities to meet the department's current and future operational needs; and
(3) complies with the sustainable building guidelines provided in section 16B.325.
In prioritizing funding allocation among projects under the program, the commissioner must consider:
(1) whether a project ensures the effective and efficient condition and operation of the facility;
(2) the urgency in ensuring the safe use of existing buildings;
(3) the project's total life-cycle cost;
(4) additional criteria for priorities otherwise specified in law that apply to a category listed in the act making an appropriation for the program; and
(5) any other criteria the commissioner deems necessary.
174.62 AUTHORITY TO ENTER INTO AGREEMENT.
The commissioner of transportation, any governmental unit, or any combination thereof, may enter into any contracts or agreements pursuant to Public Law 91-518 and in conformance with state law governing contracts by state agencies and governmental units, to reimburse the corporation for a reasonable portion of any losses associated with the institution of intercity rail passenger service by the corporation beyond that included within the basic national rail passenger system.
175A.02 ADMINISTRATIVE OFFICERS.
The governor shall designate a chief judge from among the judges. The chief judge shall have overall responsibility for administration of the court, including acting as custodian of the court's files and records and coordinator of hearing assignments. The chief judge may appoint an assistant administrator to assist the judge in the performance of administrative duties. The chief judge shall also have responsibility for oversight of other judges and court personnel with respect to timely performance of duties in a professional manner.
The court administrator of district court in each county shall be the court administrator of the Workers' Compensation Court of Appeals in that county. Filing fees and library fees deposited with the court administrator of district court in the capacity as clerk of the Workers' Compensation Court of Appeals and in cases originally commenced in district court and transferred to the Workers' Compensation Court of Appeals shall be retained by the court administrator of district court. The Workers' Compensation Court of Appeals court administrator in each county shall be subject to the supervision of the chief judge appointed under subdivision 1 in Workers' Compensation Court of Appeals matters.
175A.09 TRAVEL EXPENSES.
The workers' compensation judges of the court of appeals and the officers, assistants, and employees of the Workers' Compensation Court of Appeals shall be paid out of the state treasury their actual and necessary expenses while traveling on the business of the Workers' Compensation Court of Appeals. Vouchers for such expenses shall be itemized and sworn to by the persons incurring the expense, and be subject to the approval of the Workers' Compensation Court of Appeals.
175A.04 OFFICE.
The Workers' Compensation Court of Appeals shall maintain its main office within the Minneapolis-St. Paul metropolitan area and be provided by the commissioner of administration with suitable rooms and necessary furniture. The offices of the Workers' Compensation Court of Appeals and the Department of Labor and Industry shall be in separate buildings. The court may hold sessions at any other place in the state when their convenience and that of the parties interested so requires.
175A.03 POLITICAL NONPARTICIPATION.
Every judge of the Workers' Compensation Court of Appeals and every officer or employee of the Workers' Compensation Court of Appeals who by solicitation or otherwise exerts influence, directly or indirectly, to induce other officers or employees of the state to adopt the inducer's political views, or to favor any particular person or candidate for office, or to contribute funds for campaign or political purposes, shall be removed from office or position by the appointing authority.
175A.07 POWERS.
The Workers' Compensation Court of Appeals shall keep such record of all its proceedings as it deems appropriate and shall issue necessary processes, writs, warrants, and notices which the Workers' Compensation Court of Appeals is required or authorized to issue. Notices and other documents required to be served or filed on the Workers' Compensation Court of Appeals shall be served on the administrator of the court or the administrator's delegate.
The chief judge of the Workers' Compensation Court of Appeals shall appoint in the manner provided by law all personnel required by the Workers' Compensation Court of Appeals. The law clerks are in the unclassified service. The commissioner of administration shall provide the court with necessary additional staff and administrative services, and the court shall reimburse the commissioner for the cost of these services. The chief judge may appoint an incumbent law clerk to a compensation attorney position. The chief judge may appoint a new compensation attorney when an incumbent law clerk, or the judge who appointed the law clerk, is no longer employed by the court. The total number of law clerks and compensation attorneys employed by the court at any time shall not exceed five. At least two other judges must approve the chief judge's selection of a compensation attorney. Compensation attorneys employed by the court shall be in the classified service.
The Workers' Compensation Court of Appeals shall have the powers of review provided in chapter 176.
The Workers' Compensation Court of Appeals shall prescribe rules of practice before it in appellate matters.
175A.05 QUORUM.
A majority of the judges of the Workers' Compensation Court of Appeals shall constitute a quorum for the exercise of the powers conferred and the duties imposed on the Workers' Compensation Court of Appeals except that all appeals shall be heard by no more than a panel of three of the five judges unless the case appealed is determined to be of exceptional importance by the chief judge prior to assignment of the case to a panel, or by a three-fifths vote of the judges prior to assignment of the case to a panel or after the case has been considered by the panel but prior to the service and filing of the decision.
A vacancy shall not impair the ability of the remaining judges of the Workers' Compensation Court of Appeals to exercise all the powers and perform all of the duties of the Workers' Compensation Court of Appeals.
Where the number of Workers' Compensation Court of Appeals judges available to hear a case is insufficient to constitute a quorum, the chief judge of the Workers' Compensation Court of Appeals may, with the retired judge's consent, assign a judge who is retired from the Workers' Compensation Court of Appeals or the Office of Administrative Hearings to hear any case properly assigned to a judge of the Workers' Compensation Court of Appeals. The retired judge assigned to the case may act on it with the full powers of the judge of the Workers' Compensation Court of Appeals. A retired judge performing this service shall receive pay and expenses in the amount and manner provided by law for judges serving on the court, less the amount of retirement pay the judge is receiving under chapter 352 or 490.
175A.06 SESSIONS TO BE PUBLIC.
The hearings of the Workers' Compensation Court of Appeals shall be open to the public and may be adjourned from time to time. All the proceedings of the court shall be shown on its records, which shall be public records.
175A.08 SEAL.
The Workers' Compensation Court of Appeals shall have a seal for the authentication of its orders and proceedings, upon which shall be inscribed the words, "Workers' Compensation Court of Appeals of Minnesota" as the court of appeals may prescribe. The courts of this state shall take judicial notice of such seal and of the signatures of the judges of the Workers' Compensation Court of Appeals; and in all cases copies of orders, proceedings, or records of the Workers' Compensation Court of Appeals, certified by a judge of the Workers' Compensation Court of Appeals under its seal, shall be received in evidence, with the same force and effect given to the originals.
175A.10 APPEALS AND REVIEWS.
Unless an appeal is taken to the district court, the right of appeal provided in chapter 176 shall be the exclusive remedy for reviewing the actions of the commissioner, the Workers' Compensation Division or a compensation judge in a matter arising under chapter 176. On any appeal taken by an employee or an employer or insurer to the Workers' Compensation Court of Appeals, or the supreme court, the decision of the Workers' Compensation Court of Appeals, or the decision of the supreme court on its review, as the case may be, shall be final and conclusive as to all parties to the proceedings as to all matters at issue determined by a decision. In all cases the decision of the Workers' Compensation Court of Appeals on appeal, or of the supreme court on review, as the case may be, shall stand in lieu of the order of the commissioner or the division or the compensation judge from whom the appeal was taken.
174.59 OPERATION COSTS FOR CENTRAL OFFICE BUILDING.
The cost of operation and maintenance of the central office building for the Department of Transportation, or the portion that is properly attributable to the Department of Transportation, must be paid as follows:
(1) 75 percent from the trunk highway fund, from available departmental resources; and
(2) 25 percent from the general fund, for which an amount sufficient is annually appropriated from the general fund to the commissioner.
174.64 FUNCTIONS AND POWERS RELATING TO CARRIERS.
Some of the functions of the commissioner of transportation, related to motor carriers and common carriers by rail, are quasi-judicial in nature. The commissioner may make investigations and determinations, hold hearings, prescribe rules, and issue orders with respect to the control and conduct of the carrier businesses coming within the commissioner's jurisdiction as authorized by law.
(a) To the extent allowed under federal law or regulation, the commissioner shall further hold hearings and issue orders in cases brought on the commissioner's own motion or by a third party in the following areas:
(1) adequacy of services that carriers are providing to the public, including the continuation, termination, or modification of services and facilities;
(2) reasonableness of tariffs of rates, fares, and charges, or a part or classification of a tariff; and
(3) issuing permits.
(b) For purposes of paragraph (a), clause (2), the commissioner may authorize common carriers by rail and motor carriers for hire to file tariffs of rates, fares, and charges individually or by group. Carriers participating in group ratemaking have the free and unrestrained right to take independent action either before or after a determination arrived at through that procedure.
The commissioner shall have subpoena power.
(a) With respect to those matters within the commissioner's jurisdiction, the commissioner shall receive, hear, and determine all petitions filed with the commissioner in accordance with the procedures established by law and may hold hearings and make determinations upon the commissioner's own motion to the same extent, and in every instance, in which the commissioner may do so upon petition.
(b) If the commissioner receives a written objection and notice of intent to appear at a hearing to object to the petition from any person within 20 days of the notice having been fully given, the request of the petition must be granted or denied only after a contested case hearing has been conducted on the petition, unless the objection is withdrawn before the hearing. The commissioner may elect to hold a contested case hearing if no objections to the petition are received. If a timely objection is not received, or if received and withdrawn, and the request of the petition is denied without hearing, the petitioner may request within 30 days of receiving the notice of denial, and must be granted, a contested case hearing on the petition.
174.84 COMMUTER RAIL SYSTEM PLANNING.
The commissioner shall adopt a commuter rail system plan to ensure that if commuter rail facilities are acquired, developed, constructed, owned, and operated in Minnesota, these activities will be done in an efficient, cost-effective manner, and in coordination with buses and other transportation modes and facilities. The commissioner shall consult with affected regional railroad authorities and may incorporate into its plan elements of the plans of regional railroad authorities in order to avoid duplication of efforts. The commissioner may periodically update the system plan.
The commuter rail system plan must be approved by metropolitan planning organizations in areas in which commuter rail will be located before the commissioner may begin final design of commuter rail facilities. Following approval of the plan, the commissioner shall act in conformity with the plan. The commissioner shall ensure that final design plans are consistent with the commuter rail plan.
The plan must include engineering standards that provide for integrated operation of all commuter rail equipment, facilities, and services, including security, station design parameters, fare box systems, and safety.
The commissioner and metropolitan planning organizations shall ensure that if commuter rail facilities are planned, designed, and implemented in Minnesota, they will be planned, designed, and implemented in such a way as to move transit users to, from, and within the metropolitan area, and to provide a unified, integrated, and efficient multimodal transportation system with rail transit lines that interface with each other and with other transportation facilities.
175.001 DEPARTMENT OF LABOR AND INDUSTRY.
The Department of Labor and Industry is created under the supervision and control of the commissioner of labor and industry which office is hereby established. The commissioner of labor and industry shall be appointed by the governor under the provisions of section 15.06. There shall be one deputy commissioner in the department.
The commissioner before entering upon the duties of office, shall take the oath prescribed by law.
[Repealed, 1969 c 1129 art 8 s 17]
[Repealed, 1977 c 305 s 46]
[Repealed, 1996 c 310 s 1]
It is part of the department's mission that within the department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer service, increase public access to information about government, and increase public participation in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the mission and improve the performance of the department.