reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13 — Government Data Practices › Section 13.90 — Judiciary Exempt.

13.90 JUDICIARY EXEMPT.
Subdivision 1.
Definition.
For purposes of this section, "judiciary" means any office, officer, department, division, board, commission, committee, or agency of the courts of this state, whether or not of record, including but not limited to the Board of Law Examiners, the Lawyer's Professional Responsibility Board, the Board of Judicial Standards, the Lawyer's Trust Account Board, the State Law Library, the State Court Administrator's Office, the District Court Administrator's Office, and the Office of the Court Administrator.
Subd. 2.
Exemption.
The judiciary is not governed by this chapter. Access to data of the judiciary is governed by rules adopted by the supreme court.
History:
1985 c 298 s 44; 1Sp1986 c 3 art 1 s 82; 1995 c 259 art 1 s 26
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13A — Release Of Information By Financial Institutions › Section 13A.01 — Definitions.

13A.01 DEFINITIONS.
Subdivision 1.
Scope.
For the purpose of this chapter, the following terms have the meanings given them.
Subd. 2.
Financial institution.
"Financial institution" means any office of a bank, savings bank, industrial loan company, trust company, savings and loan, building and loan, credit union, or consumer finance institution, located in the state.
Subd. 3.
Financial record.
"Financial record" means an original of, a copy of, or information known to have been derived from, any record held by a financial institution pertaining to a customer's relationship with the financial institution.
Subd. 4.
Government authority.
"Government authority" means any agency or department of the state or a local unit of government, or any officer, employee, or agent of it.
Subd. 5.
Customer.
"Customer" means any natural person or authorized representative of that person who utilized or is utilizing any service of a financial institution, or for whom a financial institution is acting or has acted as a fiduciary, in relation to an account maintained in the person's name.
Subd. 6.
Law enforcement inquiry.
"Law enforcement inquiry" means a lawful investigation or official proceeding inquiring into a violation of, or failure to comply with, any criminal or civil statute or any rule or order issued pursuant to it.
History:
1983 c 225 s 1
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13A — Release Of Information By Financial Institutions › Section 13A.03 — Delayed Notice.

13A.03 DELAYED NOTICE.
Subdivision 1.
Application.
Upon application of the government authority, a customer notice pursuant to section 13A.02, subdivision 3, may be delayed by order of an appropriate court if the judge finds that:
(1) the law enforcement inquiry being conducted is within the lawful jurisdiction of the government authority seeking the financial records;
(2) there is reason to believe that the records being sought are relevant to a legitimate law enforcement inquiry; and
(3) there is reason to believe that the notice will result in (i) endangering life or physical safety of any person; (ii) flight from prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; or (v) otherwise seriously jeopardizing an investigation or official proceeding or unduly delaying a trial or ongoing official proceeding.
An application for delay must be made with reasonable specificity.
Subd. 2.
Order.
If the court makes the findings required in subdivision 1, it shall enter an ex parte order granting the requested delay for a period not to exceed 180 days and an order prohibiting the financial institution from disclosing that records have been obtained. If the court finds that there is reason to believe that the notice may endanger the life or physical safety of any person, the court may specify that the delay be indefinite.
Extensions of the delay of notice of up to 90 days each may be granted by the court upon application.
Subd. 3.
Notice.
Upon expiration of the period of delay of notification under this section, the customer shall be served with a copy of the notice required by section 13A.02, subdivision 3.
History:
1983 c 225 s 3
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13B — Matching Programs; Computerized Comparison Of Data › Section 13B.01 — Definitions.

13B.01 DEFINITIONS.
Subdivision 1.
General.
For purposes of this chapter, the following terms have the meanings given them.
Subd. 2.
Benefit program.
"Benefit program" means a program administered by a public entity or agent of a public entity that provides cash or in-kind assistance in the form of payments, grants, subsidies, loans, loan guarantees, or any other form of financial assistance to individuals.
Subd. 3.
Front end verification.
"Front end verification" means a computerized procedure operated by a public entity that checks the accuracy and truthfulness of data provided by an individual as part of an application with the public entity.
Subd. 4.
Government data.
"Government data" has the meaning given the term in section 13.02, subdivision 7.
Subd. 5.
Individual.
"Individual" has the meaning given the term in section 13.02, subdivision 8.
Subd. 6.
Law enforcement agency.
"Law enforcement agency" means an agency of the state, a political subdivision, or the University of Minnesota with the power to conduct criminal investigations or make arrests or an attorney authorized by law to prosecute or participate in the prosecution of criminal offenses.
Subd. 7.
Matching program.
"Matching program" means a computerized comparison of government data to government or nongovernment data for use by a public entity for purposes of determining the eligibility of individuals for a license, privilege, benefit program, or employment. Matching program does not include a comparison performed:
(1) by a public entity if all data used in the comparison are government data of one responsible authority within the public entity, other than personnel or payroll data;
(2) by a law enforcement agency after initiation of a law enforcement investigation for gathering evidence for a law enforcement proceeding against an identified individual;
(3) to produce aggregate statistical data without data that identify individuals in the final product; or
(4) to support a research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals.
Subd. 8.
Public entity.
"Public entity" means a state agency or statewide system as those terms are defined in section 13.02.
Subd. 9.
Responsible authority.
"Responsible authority" has the meaning given in section 13.02, subdivision 16.
History:
1990 c 566 s 1
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13B — Matching Programs; Computerized Comparison Of Data › Section 13B.02 — Matching Agreements.

13B.02 MATCHING AGREEMENTS.
Before participating in a matching program, the responsible authority in each public entity that participates in the matching program shall enter into a written agreement with the other person specifying:
(1) the rationale, purpose, and legal authority for conducting the program;
(2) a description of the data that will be matched, including each data element that will be used, the approximate number of records that will be matched, and the projected starting and completion dates of the matching program;
(3) procedures for retention and destruction of data created by the matching program consistent with section 138.17;
(4) procedures for ensuring the security of the data;
(5) prohibitions on duplication and redisclosure of data by the person who receives the data, unless authorized by the public entity that releases the data;
(6) procedures governing the use of the data provided by the public entity for the matching program, including procedures governing return to the public entity or destruction of the data consistent with section 138.17; and
(7) information on assessments that have been made on the accuracy of the data that will be used in the matching program.
History:
1990 c 566 s 2,9; 1992 c 569 s 36; 1994 c 618 art 1 s 47; 1995 c 259 art 1 s 62
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13B — Matching Programs; Computerized Comparison Of Data › Section 13B.03 — Front End Verification And Matching Programs; Rights Of Subjects.

13B.03 FRONT END VERIFICATION AND MATCHING PROGRAMS; RIGHTS OF SUBJECTS.
A public entity may not suspend, terminate, reduce, or make a final denial of employment or a license or other privilege or of assistance under a benefit program, or take other adverse action against an individual as a result of data produced by a matching program or front end verification, until the entity has independently verified the data. If independent verification shows that the data are correct, the entity shall give the individual written notice of its findings and an opportunity to contest the findings. The requirements of this section may be satisfied by verification, notice, hearing, and appeal rights governing the particular benefit program or employment or licensing procedure from which data were obtained to be used in the matching program.
History:
1990 c 566 s 3
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13B — Matching Programs; Computerized Comparison Of Data › Section 13B.05 — Remedies.

13B.05 REMEDIES.
The remedies and penalties in sections 13.08 and 13.09 apply to this chapter.
History:
1995 c 259 art 1 s 28
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13C — Access To Consumer Reports › Section 13C.001 — Definitions.

13C.001 DEFINITIONS.
Subdivision 1.
Scope.
The definitions in this section apply to this chapter.
Subd. 2.
Consumer.
"Consumer" means an individual.
Subd. 3.
Consumer report.
(a) "Consumer report" means a written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living that is used or expected to be used or collected in whole or in part for:
(1) the purpose of serving as a factor in establishing the consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes;
(2) employment purposes; or
(3) other purposes authorized under United States Code, title 15, section 1681b.
(b) Consumer report does not include:
(1) a report containing information solely as to transactions or experiences between the consumer and the person making the report;
(2) an authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or
(3) a report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys a decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under United States Code, title 15, section 1681m.
Subd. 4.
Consumer reporting agency.
"Consumer reporting agency" means a person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
Subd. 5.
Employment purposes.
"Employment purposes" means evaluating a consumer for hiring, compensation, promotion, reassignment, retention, or with respect to other terms and conditions of employment.
Subd. 6.
Investigative consumer report.
"Investigative consumer report" means a consumer report in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer or with others with whom the consumer is acquainted or who may have knowledge concerning the information. "Investigative consumer report" does not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when the information was obtained directly from a creditor of the consumer or from the consumer.
History:
1993 c 292 s 1
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13C — Access To Consumer Reports › Section 13C.01 — Access To Consumer Reports Prepared By Consumer Reporting Agencies.

13C.01 ACCESS TO CONSUMER REPORTS PREPARED BY CONSUMER REPORTING AGENCIES.
Subdivision 1.
Fee for report.
(a) A consumer who is the subject of a consumer report maintained by a consumer reporting agency is entitled to request and receive by mail, for a charge not to exceed $3, a copy of the consumer report once in any 12-month period. The mailing must contain a statement of the consumer's right to dispute and correct any errors and of the procedures set forth in the federal Fair Credit Reporting Act, United States Code, title 15, sections 1681 et seq., for that purpose. The consumer reporting agency shall respond to a request under this subdivision within 30 days.
(b) A consumer who exercises the right to dispute and correct errors is entitled, after doing so, to request and receive by mail, without charge, a copy of the consumer report in order to confirm that the consumer report was corrected.
(c) A consumer is entitled to a free copy of a consumer report if the consumer satisfies the procedures set forth in the federal Fair Credit Reporting Act, United States Code, title 15, sections 1681 et seq.
Subd. 2.
[Repealed, 1993 c 292 s 6]
Subd. 3.
Sale of certain information prohibited.
A consumer reporting agency or any other business entity may not sell to, or exchange with, a third party, unless the third party holds an existing mortgage loan on the property, the existence of a credit inquiry arising from a consumer mortgage loan application when the sale or exchange is triggered by an inquiry made in response to an application for credit. This subdivision does not apply to information provided by a mortgage originator or servicer to a third party providing services in connection with the mortgage loan origination or servicing; a proposed or actual securitization; secondary market sale, including sales of servicing rights; or similar transaction related to the consumer mortgage loan.
History:
1992 c 569 s 5; 1993 c 292 s 2; 1999 c 244 s 1; 2007 c 105 s 1
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13C — Access To Consumer Reports › Section 13C.017 — Security Freeze; Changes To Information; Written Confirmation Required.

13C.017 SECURITY FREEZE; CHANGES TO INFORMATION; WRITTEN CONFIRMATION REQUIRED.
If a security freeze is in place, a consumer reporting agency may not change any of the following official information in a consumer report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, Social Security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.
History:
2006 c 233 s 3
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13C — Access To Consumer Reports › Section 13C.018 — Security Freeze; Not Applicable To Certain Consumer Reporting Agencies.

13C.018 SECURITY FREEZE; NOT APPLICABLE TO CERTAIN CONSUMER REPORTING AGENCIES.
A consumer reporting agency is not required to place a security freeze in a consumer report under section 13C.016 if it acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of credit information from which new consumer reports are produced. However, a consumer reporting agency must honor any security freeze placed on a consumer report by another consumer reporting agency.
History:
2006 c 233 s 4
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13C — Access To Consumer Reports › Section 13C.019 — Security Freeze; Exempt Entities.

13C.019 SECURITY FREEZE; EXEMPT ENTITIES.
The following entities are not required to place a security freeze on a consumer report under section 13C.016:
(1) a check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; and
(2) a deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
History:
2006 c 233 s 5
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13C — Access To Consumer Reports › Section 13C.02 — Disclosure Of Use Of Consumer Reports For Employment Purposes.

13C.02 DISCLOSURE OF USE OF CONSUMER REPORTS FOR EMPLOYMENT PURPOSES.
Subdivision 1.
Disclosure required.
A person may not obtain or cause to be prepared a consumer report on a consumer for employment purposes unless the person clearly and accurately discloses to the consumer that a consumer report may be obtained or caused to be prepared. The disclosure must inform the consumer of the right to request additional information on the nature of the report under subdivision 3. In the case of an investigative consumer report, the disclosure under this subdivision must inform the consumer that the report may include information obtained through personal interviews regarding the consumer's character, general reputation, personal characteristics, or mode of living.
Subd. 2.
Form; copy.
The disclosure required under subdivision 1 must be in writing and must be provided to the consumer before the consumer report is obtained or caused to be prepared. If a written application is provided for employment purposes by an employer or prospective employer, the disclosure must be included in or accompany the application. The disclosure must include a box that the person may check off and return to receive a copy of the consumer report. If the consumer requests a copy of the report, the person requesting the report shall request the person preparing the report to provide a copy to the consumer. The report must be sent to the consumer by the person preparing the report within 24 hours of providing it to the person requesting the report. The report to the consumer must include a statement of the consumer's right to dispute and correct any errors and of the procedures under United States Code, title 15, sections 1681 to 1681t. A consumer may not be charged for a report provided under this section. If no report exists, the consumer reporting agency has no obligation to the consumer under this section.
Subd. 3.
Further disclosure if requested.
A consumer reporting agency shall, upon written request from the consumer, make a complete and accurate disclosure of the nature and scope of the report. The disclosure under this subdivision must be in writing and must be mailed or delivered to the consumer within five days after the request for the disclosure was received or the consumer report was requested, whichever date is later.
Subd. 4.
Exception.
This section does not apply to:
(1) a consumer report to be used for employment purposes for which the consumer has not specifically applied; or
(2) a consumer report used for an investigation of a current violation of a criminal or civil statute by a current employee or an investigation of employee conduct for which the employer may be liable, until the investigation is completed.
History:
1993 c 292 s 3
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13C — Access To Consumer Reports › Section 13C.03 — Notice Of Adverse Action.

13C.03 NOTICE OF ADVERSE ACTION.
If employment is denied or other adverse action for employment purposes is taken against a consumer wholly or partly because of information contained in a consumer report, the user of the report shall so advise the consumer and notify the consumer of the consumer's right to receive a copy of the report if a copy was not received pursuant to section 13C.02, subdivision 2. The user of the report shall also give the consumer the name and address of the consumer reporting agency making the report and a notice of the consumer's right to dispute and correct any errors and of the procedures under United States Code, title 15, sections 1681 to 1681t. Upon written request from the consumer, the consumer reporting agency shall provide a copy of the report to the consumer within five days of receipt of the request. A consumer may not be charged for a report provided under this section.
History:
1993 c 292 s 4
2023 Minnesota Statutes › Chapters 13 - 13C — Data Practices › Chapter 13C — Access To Consumer Reports › Section 13C.04 — Enforcement; Remedies.

13C.04 ENFORCEMENT; REMEDIES.
This chapter may be enforced by the attorney general or the county attorney pursuant to section 8.31 or 325F.70 and the public and private remedies available under those sections apply to this chapter.
History:
1993 c 292 s 5
2023 Minnesota Statutes › Chapter 13D — Meetings Of Public Bodies › Chapter 13D — Open Meeting Law › Section 13D.001 — Definition.

13D.001 DEFINITION.
Subdivision 1.
Applicability.
For the purposes of this chapter, the term defined in this section has the meaning given.
Subd. 2.
Interactive technology.
"Interactive technology" means a device, software program, or other application that allows individuals in different physical locations to see and hear one another.
History:
2021 c 14 s 1
2023 Minnesota Statutes › Chapter 13D — Meetings Of Public Bodies › Chapter 13D — Open Meeting Law › Section 13D.015 — State Entity Meetings By Telephone Or Interactive Technology.

13D.015 STATE ENTITY MEETINGS BY TELEPHONE OR INTERACTIVE TECHNOLOGY.
Subdivision 1.
Application.
This section applies to:
(1) a state agency, board, commission, or department, and a statewide public pension plan defined in section 356A.01, subdivision 24; and
(2) a committee, subcommittee, board, department, or commission of an entity listed in clause (1).
Subd. 2.
Conditions.
An entity listed in subdivision 1 may conduct a meeting governed by this section and section 13D.01, subdivisions 1, 2, 4, and 5, by telephone or interactive technology so long as the following conditions are met:
(1) all members of the entity participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the entity can hear all discussion and all votes of members of the entity and participate in testimony;
(3) at least one member of the entity is physically present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.
Subd. 3.
Quorum; participation.
Each member of the entity participating in a meeting by telephone or interactive technology is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.
Subd. 4.
Monitoring from remote site.
If telephone or interactive technology is used to conduct a meeting, the entity, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location.
Subd. 5.
Notice.
If telephone or interactive technology is used to conduct a regular, special, or emergency meeting, the entity shall provide notice of the regular meeting location, of the fact that some members may participate by interactive technology, and of the provisions of subdivision 4. The timing and method of providing notice is governed by section 13D.04. In addition, the entity must post the notice on its website at least ten days before any regular meeting as defined in section 13D.04, subdivision 1.
History:
2009 c 80 s 1; 2012 c 290 s 63; 2021 c 14 s 4
2023 Minnesota Statutes › Chapter 13D — Meetings Of Public Bodies › Chapter 13D — Open Meeting Law › Section 13D.021 — Meetings During Pandemic Or Chapter 12 Emergency.

13D.021 MEETINGS DURING PANDEMIC OR CHAPTER 12 EMERGENCY.
Subdivision 1.
Conditions.
A meeting governed by this section and section 13D.01, subdivisions 1, 2, 4, and 5, may be conducted by telephone or interactive technology so long as the following conditions are met:
(1) the presiding officer, chief legal counsel, or chief administrative officer for the affected governing body determines that an in-person meeting or a meeting conducted under section 13D.015 or 13D.02 is not practical or prudent because of a health pandemic or an emergency declared under chapter 12;
(2) all members of the body participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;
(3) members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the health pandemic or emergency declaration;
(4) at least one member of the body, chief legal counsel, or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the health pandemic or emergency declaration; and
(5) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.
Subd. 2.
Members are present for quorum; participation.
Each member of the body participating in a meeting by telephone or interactive technology is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.
Subd. 3.
Monitoring from remote site.
If telephone or interactive technology is used to conduct a meeting, to the extent practical, the body shall allow a person to monitor the meeting electronically from a remote location.
Subd. 4.
Notice of regular and all member sites.
If telephone or interactive technology is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or interactive technology, and of the provisions of subdivision 3. The timing and method of providing notice is governed by section 13D.04.
Subd. 5.
Public comment period during health pandemic or emergency.
If attendance at the regular meeting location is not feasible due to the health pandemic or emergency declaration and the public body's practice is to offer a public comment period at in-person meetings, members of the public shall be permitted to comment from a remote location during the public comment period of the meeting, to the extent practical.
History:
2007 c 110 s 1; 2021 c 14 s 6
2023 Minnesota Statutes › Chapter 13D — Meetings Of Public Bodies › Chapter 13D — Open Meeting Law › Section 13D.03 — Closed Meetings For Labor Negotiations Strategy.

13D.03 CLOSED MEETINGS FOR LABOR NEGOTIATIONS STRATEGY.
Subdivision 1.
Procedure.
(a) Section 13D.01, subdivisions 1, 2, 4, 5, and section 13D.02 do not apply to a meeting held pursuant to the procedure in this section.
(b) The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.
(c) The time of commencement and place of the closed meeting shall be announced at the public meeting.
(d) A written roll of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting.
Subd. 2.
Meeting must be recorded.
(a) The proceedings of a closed meeting to discuss negotiation strategies shall be tape-recorded at the expense of the governing body.
(b) The recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.
Subd. 3.
If violation claimed.
(a) If an action is brought claiming that public business other than discussions of labor negotiation strategies or developments or discussion and review of labor negotiation proposals was transacted at a closed meeting held pursuant to this section during the time when the tape is not available to the public, the court shall review the recording of the meeting in camera.
(b) If the court finds that this section was not violated, the action shall be dismissed and the recording shall be sealed and preserved in the records of the court until otherwise made available to the public pursuant to this section.
(c) If the court finds that this section was violated, the recording may be introduced at trial in its entirety subject to any protective orders as requested by either party and deemed appropriate by the court.
History:
1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2
2023 Minnesota Statutes › Chapter 13D — Meetings Of Public Bodies › Chapter 13D — Open Meeting Law › Section 13D.06 — Civil Fines; Forfeiture Of Office; Other Remedies.

13D.06 CIVIL FINES; FORFEITURE OF OFFICE; OTHER REMEDIES.
Subdivision 1.
Personal liability for $300 fine.
Any person who intentionally violates this chapter shall be subject to personal liability in the form of a civil penalty in an amount not to exceed $300 for a single occurrence, which may not be paid by the public body.
Subd. 2.
Who may bring action; where.
An action to enforce the penalty in subdivision 1 may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located.
Subd. 3.
Forfeit office if three violations.
(a) If a person has been found to have intentionally violated this chapter in three or more actions brought under this chapter involving the same governing body, such person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of office such person was then serving.
(b) The court determining the merits of any action in connection with any alleged third violation shall receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a separate third violation, unrelated to the previous violations, issue its order declaring the position vacant and notify the appointing authority or clerk of the governing body.
(c) As soon as practicable thereafter the appointing authority or the governing body shall fill the position as in the case of any other vacancy.
Subd. 4.
Costs; attorney fees; requirements; limits.
(a) In addition to other remedies, the court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an action under this chapter.
(b) The court may award costs and attorney fees to a defendant only if the court finds that the action under this chapter was frivolous and without merit.
(c) A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members in an action under this chapter.
(d) No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was an intent to violate this chapter.
(e) The court shall award reasonable attorney fees to a prevailing plaintiff who has brought an action under this section if the public body that is the defendant in the action was also the subject of a prior written opinion issued under section 13.072, and the court finds that the opinion is directly related to the cause of action being litigated and that the public body did not act in conformity with the opinion. The court shall give deference to the opinion in a proceeding brought under this section.
History:
1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 2008 c 335 s 2
2023 Minnesota Statutes › Chapter 13D — Meetings Of Public Bodies › Chapter 13D — Open Meeting Law › Section 13D.065 — Use Of Social Media.

13D.065 USE OF SOCIAL MEDIA.
The use of social media by members of a public body does not violate this chapter so long as the social media use is limited to exchanges with all members of the general public. For purposes of this section, email is not considered a type of social media.
History:
2014 c 274 s 2
2023 Minnesota Statutes › Chapter 13D — Meetings Of Public Bodies › Chapter 13D — Open Meeting Law › Section 13D.07 — Citation.

13D.07 CITATION.
This chapter may be cited as the "Minnesota Open Meeting Law."
History:
1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2
2023 Minnesota Statutes › Chapter 13D — Meetings Of Public Bodies › Chapter 13D — Open Meeting Law › Section 13D.08 — Open Meeting Law Coded Elsewhere.

13D.08 OPEN MEETING LAW CODED ELSEWHERE.
Subdivision 1.
Board of Animal Health.
Certain meetings of the Board of Animal Health are governed by section 35.0661, subdivision 1.
Subd. 2.
Minnesota Life and Health Guaranty Association.
Meetings of the Minnesota Life and Health Guaranty Association Board of Directors are governed by section 61B.22.
Subd. 3.
Comprehensive Health Association.
Certain meetings of the Comprehensive Health Association are governed by section 62E.10, subdivision 4.
Subd. 4.
Health Technology Advisory Committee.
Certain meetings of the Health Technology Advisory Committee are governed by section 62J.156.
Subd. 5.
Health Coverage Reinsurance Association.
Meetings of the Health Coverage Reinsurance Association are governed by section 62L.13, subdivision 3.
Subd. 5a.
MNsure.
Meetings of MNsure are governed by section 62V.03, subdivision 2.
Subd. 6.
Self-insurers' security fund.
Meetings of the self-insurers' security fund and its board of trustees are governed by section 79A.16.
Subd. 7.
Commercial self-insurance group security fund.
Meetings of the commercial self-insurance group security fund are governed by section 79A.28.
Subd. 8.
Lessard-Sams Outdoor Heritage Council.
Certain meetings of the Lessard-Sams Outdoor Heritage Council are governed by section 97A.056, subdivision 5.
Subd. 9.
Enterprise Minnesota, Inc.
Certain meetings of the board of directors of Enterprise Minnesota, Inc. are governed by section 116O.03.
Subd. 10.
Minnesota Business Finance, Inc.
Certain meetings of Minnesota Business Finance, Inc. are governed by section 116S.02.
Subd. 11.
Northern Technology Initiative, Inc.
Certain meetings of Northern Technology Initiative, Inc. are governed by section 116T.02.
Subd. 12.
Agricultural Utilization Research Institute.
Certain meetings of the Agricultural Utilization Research Institute are governed by section 116V.01, subdivision 10.
Subd. 13.
Hospital authorities.
Certain meetings of hospitals established under section 144.581 are governed by section 144.581, subdivisions 4 and 5.
Subd. 14.
Advisory Council on Workers' Compensation.
Certain meetings of the Advisory Council on Workers' Compensation are governed by section 175.007, subdivision 3.
Subd. 15.
Electric cooperatives.
Meetings of a board of directors of an electric cooperative that has more than 50,000 members are governed by section 308A.327.
Subd. 16.
Town boards.
Certain meetings of town boards are governed by section 366.01, subdivision 11.
Subd. 17.
Hennepin County Medical Center and HMO.
Certain meetings of the Hennepin County Board on behalf of the HMO or Hennepin Healthcare System, Inc. are governed by section 383B.217.
Subd. 18.
Hennepin Healthcare System, Inc.
Certain meetings of the Hennepin Healthcare System, Inc. are governed by section 383B.917.
Subd. 19.
Real Estate Appraisal Advisory Board.
Certain meetings of the Real Estate Appraisal Advisory Board are governed by section 82B.073, subdivision 5.
History:
2012 c 290 s 64; 2013 c 9 s 2; 2013 c 108 art 1 s 67; 2018 c 173 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.001 — Statement Of Purpose.

14.001 STATEMENT OF PURPOSE.
The purposes of the Administrative Procedure Act are:
(1) to provide oversight of powers and duties delegated to administrative agencies;
(2) to increase public accountability of administrative agencies;
(3) to ensure a uniform minimum procedure;
(4) to increase public access to governmental information;
(5) to increase public participation in the formulation of administrative rules;
(6) to increase the fairness of agencies in their conduct of contested case proceedings; and
(7) to simplify the process of judicial review of agency action as well as increase its ease and availability.
In accomplishing its objectives, the intention of this chapter is to strike a fair balance between these purposes and the need for efficient, economical, and effective government administration. The chapter is not meant to alter the substantive rights of any person or agency. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of state government by improving the process by which those results are attained.
History:
1990 c 422 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.002 — State Regulatory Policy.

14.002 STATE REGULATORY POLICY.
The legislature recognizes the important and sensitive role for administrative rules in implementing policies and programs created by the legislature. However, the legislature finds that some regulatory rules and programs have become overly prescriptive and inflexible, thereby increasing costs to the state, local governments, and the regulated community and decreasing the effectiveness of the regulatory program. Therefore, whenever feasible, state agencies must develop rules and regulatory programs that emphasize superior achievement in meeting the agency's regulatory objectives and maximum flexibility for the regulated party and the agency in meeting those goals.
History:
1998 c 303 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.01 — Citation.

14.01 CITATION.
Sections 14.001 to 14.69 may be cited as the "Administrative Procedure Act."
History:
1969 c 599 s 1; 1977 c 443 s 8; 1980 c 615 s 2; 1981 c 253 s 3,47; 1982 c 424 s 130; 1987 c 384 art 2 s 1; 1990 c 422 s 10
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.02 — Definitions.

14.02 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 14.001 to 14.69 the terms defined in this section have the meanings ascribed to them.
Subd. 2.
Agency.
"Agency" means any state officer, board, commission, bureau, division, department, or tribunal, other than a judicial branch court and the Tax Court, having a statewide jurisdiction and authorized by law to make rules or to adjudicate contested cases. "Agency" also means the Capitol Area Architectural and Planning Board.
Subd. 3.
Contested case.
"Contested case" means a proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing. "Contested case" does not include hearings held by the Department of Corrections involving the discipline or transfer of inmates or other hearings relating solely to inmate management.
Subd. 4.
Rule.
"Rule" means every agency statement of general applicability and future effect, including amendments, suspensions, and repeals of rules, adopted to implement or make specific the law enforced or administered by that agency or to govern its organization or procedure.
History:
1945 c 452 s 1; 1957 c 806 s 1; 1961 c 136 s 1; 1963 c 633 s 1; Ex1967 c 1 s 6; 1969 c 9 s 6; 1969 c 567 s 3; 1969 c 1129 art 2 s 1; 1973 c 254 s 3; 1973 c 654 s 15; 1975 c 271 s 6; 1975 c 359 s 23; 1975 c 380 s 1; 1976 c 2 s 1; 1976 c 68 s 1,2; 1976 c 134 s 78; 1977 c 430 s 7; 1977 c 443 s 1; 1978 c 674 s 2,3; 1979 c 50 s 2; 1979 c 332 art 1 s 8; 1980 c 615 s 2; 1981 c 253 s 3,4,47; 1982 c 424 s 130; 1985 c 285 s 2; 1Sp1985 c 4 s 1; 1986 c 386 art 4 s 2; 1987 c 384 art 2 s 1,3; 1989 c 290 art 2 s 1; 1990 c 422 s 2,10
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.045 — Agencies; Limits On Penalties And Fines.

14.045 AGENCIES; LIMITS ON PENALTIES AND FINES.
Subdivision 1.
Limit on penalties.
An agency may not, under authority of rule, levy a total fine or penalty of more than $700 for a single violation unless the agency has specific statutory authority to levy a fine in excess of that amount.
Subd. 2.
Criminal penalty.
An agency may not, by rule, establish a criminal penalty unless the agency has specific statutory authority to do so.
Subd. 3.
Factors.
(a) If a statute or rule gives an agency discretion over the amount of a fine, the agency must take the following factors into account in determining the amount of the fine:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, and the natural resources of the state;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the person by allowing or committing the violation; and
(6) other factors that justice may require.
(b) For a violation after an initial violation, the following factors must be considered in addition to the factors in paragraph (a):
(1) similarity of previous violations to the current violation to be penalized;
(2) time elapsed since the last violation;
(3) number of previous violations; and
(4) response of the person to the most recent previous violation identified.
Subd. 4.
Effect on other law.
This section does not affect the right of an agency to deny a permit, revoke a license, or take similar action, other than the imposition of a fine, even if the cost of the denial, revocation, or other action to the affected party exceeds $700.
Subd. 5.
Application.
Subdivisions 1, 2, and 4 apply only to fines and penalties imposed under rules for which notice of intent to adopt rules is published after July 1, 1996.
History:
1996 c 390 s 11
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.055 — Rule Variances; Standards.

14.055 RULE VARIANCES; STANDARDS.
Subdivision 1.
Authority.
A person or entity may petition an agency for a variance from a rule adopted by the agency, as it applies to the circumstances of the petitioner.
Subd. 2.
General terms.
The following general terms apply to variances granted pursuant to this section:
(1) the agency may attach any conditions to the granting of a variance that the agency determines are needed to protect public health, safety, or the environment;
(2) a variance has prospective effect only;
(3) conditions attached to the granting of a variance are an enforceable part of the rule to which the variance applies; and
(4) the agency may not grant a variance from a statute or court order.
Subd. 3.
Mandatory variances.
An agency shall grant a variance from a rule as applied to the particular circumstances of the petitioner, if the agency finds that the application of the rule, as applied to the circumstances of that petitioner, would not serve any of the purposes of the rule.
Subd. 4.
Discretionary variances.
An agency may grant a variance if the agency finds that:
(1) application of the rule to the petitioner would result in hardship or injustice;
(2) variance from the rule would be consistent with the public interest; and
(3) variance from the rule would not prejudice the substantial legal or economic rights of any person or entity.
Subd. 5.
Rules.
An agency may adopt rules under section 14.389 establishing general standards for granting mandatory or discretionary variances from its rules. Section 14.389, subdivision 5, applies to these rules. An agency also may grant variances based on standards specified in other law.
Subd. 6.
When not applicable.
This section and section 14.056 do not apply if another state or federal law or rule authorizes or requires the granting of variances by an agency or in certain circumstances.
History:
2001 c 179 s 2
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.06 — Required Rules.

14.06 REQUIRED RULES.
(a) Each agency shall adopt rules, in the form prescribed by the revisor of statutes, setting forth the nature and requirements of all formal and informal procedures related to the administration of official agency duties to the extent that those procedures directly affect the rights of or procedures available to the public.
(b) Upon the request of any person, and as soon as feasible and to the extent practicable, each agency shall adopt rules to supersede those principles of law or policy lawfully declared by the agency as the basis for its decisions in particular cases it intends to rely on as precedents in future cases. This paragraph does not apply to the Public Utilities Commission.
History:
1957 c 806 s 2; 1975 c 380 s 2; 1977 c 443 s 2; 1980 c 615 s 41; 1982 c 424 s 130; 1995 c 233 art 2 s 8