reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.145 — Income Tax Withholding.

268.145 INCOME TAX WITHHOLDING.
Subdivision 1.
Notification.
(a) Upon filing an application for unemployment benefits, the applicant must be informed that:
(1) unemployment benefits are subject to federal and state income tax;
(2) there are requirements for filing estimated tax payments;
(3) the applicant may elect to have federal income tax withheld from unemployment benefits;
(4) if the applicant elects to have federal income tax withheld, the applicant may, in addition, elect to have Minnesota state income tax withheld; and
(5) at any time during the benefit year the applicant may change a prior election.
(b) If an applicant elects to have federal income tax withheld, the commissioner must deduct ten percent for federal income tax. If an applicant also elects to have Minnesota state income tax withheld, the commissioner must make an additional five percent deduction for state income tax. Any amount deducted under section 268.085 has priority over any amounts deducted under this section. Federal income tax withholding has priority over state income tax withholding.
(c) An election to have income tax withheld may not be retroactive and only applies to unemployment benefits paid after the election.
Subd. 2.
Transfer of funds.
The amount of any unemployment benefits deducted under this section remains in the trust fund until transferred to the federal Internal Revenue Service, or the Department of Revenue, as an income tax payment on behalf of the applicant.
Subd. 3.
Correction of errors.
Any error that resulted in underwithholding or overwithholding under this section will not be corrected retroactively.
Subd. 4.
Federal requirement.
The commissioner must follow all federal requirements for the deduction and withholding of income tax from unemployment benefits.
Subd. 5.
Effect of payments.
Any amount deducted under this section is considered as unemployment benefits paid to the applicant.
History:
1996 c 417 s 17; 1997 c 66 s 79; 1998 c 254 art 1 s 73; 1999 c 107 s 53,66; 2000 c 343 s 4; 1Sp2001 c 4 art 2 s 23; 1Sp2003 c 3 art 2 s 20; 2004 c 183 s 77; 2005 c 112 art 2 s 35; 2007 c 128 art 6 s 84-86; 2008 c 300 s 51; 2009 c 78 art 4 s 42,50; 1Sp2019 c 7 art 8 s 5
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.155 — Child Support Deducted From Unemployment Benefits.

268.155 CHILD SUPPORT DEDUCTED FROM UNEMPLOYMENT BENEFITS.
Subdivision 1.
Definitions.
As used in this section:
(1) "Child support obligations" means obligations that are being enforced by a child support agency in accordance with a plan described in United States Code, title 42, sections 454 and 455, of the Social Security Act that has been approved by the secretary of health and human services under part D of title IV of the Social Security Act. This does not include any type of spousal maintenance or foster care payments; and
(2) "Child support agency" means the public agency responsible for child support enforcement, including federally approved comprehensive Tribal IV-D programs.
Subd. 2.
Notice upon application.
In an application for unemployment benefits, the applicant must disclose if child support obligations are owed and, if so, in what state and county. If child support obligations are owed, the commissioner must, if the applicant establishes a benefit account, notify the child support agency.
Subd. 3.
Withholding of unemployment benefits.
The commissioner must deduct and withhold from any unemployment benefits payable to an applicant who owes child support obligations:
(1) the amount required under a proper order of a court or administrative agency; or
(2) if clause (1) is not applicable, the amount determined under an agreement under United States Code, title 42, section 454 (20)(B)(i), of the Social Security Act; or
(3) if clause (1) or (2) is not applicable, the amount specified by the applicant.
Subd. 4.
Payment.
Any amount deducted and withheld must be paid to the child support agency, but will for all purposes be treated as if it were paid to the applicant as unemployment benefits and paid by the applicant to the child support agency in satisfaction of the applicant's child support obligations.
Subd. 5.
Payment of costs.
The child support agency must pay the costs incurred by the commissioner in the implementation and administration of this section and sections 518A.50 and 518A.53.
Subd. 6.
[Renumbered subd 5]
History:
1Sp1982 c 1 s 22; 1986 c 444; 1987 c 384 art 2 s 67; 1994 c 488 s 8; 1996 c 417 s 10-12; 1997 c 66 s 79,80; 1997 c 203 art 6 s 92; 1999 c 107 s 54,66; 2000 c 343 s 4; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2007 c 128 art 6 s 87; 2009 c 78 art 4 s 50; 2015 c 78 art 1 s 35
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.182 — Fraud; Criminal Penalty.

268.182 FRAUD; CRIMINAL PENALTY.
Subdivision 1.
Criminal penalties.
(a) An individual has committed fraud and is guilty of theft and must be sentenced under section 609.52 if the individual obtains, or attempts to obtain, or aids or abets any other individual to obtain, by an intentional false statement or representation, by intentional concealment of a material fact, or by impersonation or other fraudulent means, unemployment benefits that the individual is not entitled to under this chapter, or under federal law.
(b) Any employer or any officer or agent of an employer or any other individual has committed fraud and is guilty of a crime, if in order to avoid or reduce any payment required from an employer under this chapter or section 116L.20, or to prevent or reduce the payment of unemployment benefits to an applicant:
(1) makes a false statement or representation knowing it to be false;
(2) knowingly fails to disclose a material fact, including notification required under section 268.051, subdivision 4; or
(3) knowingly advises or assists an employer in violating clause (1) or (2).
The individual is guilty of a gross misdemeanor if the underpayment is $500 or less. The individual is guilty of a felony if the underpayment exceeds $500.
Subd. 2.
[Renumbered 268.183]
History:
Ex1936 c 2 s 16; 1941 c 554 s 15; 1951 c 442 s 11; 1953 c 97 s 18; 1969 c 567 s 3; 1973 c 254 s 3; 1975 c 336 s 24; 1977 c 4 s 10; 1977 c 430 s 25 subd 1; 1979 c 181 s 17,18; 1Sp1982 c 1 s 37-40; 1983 c 216 art 1 s 42,87; 1983 c 372 s 45,46; 1985 c 248 s 70; 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1987 c 385 s 40-45; 1988 c 712 s 3; 1989 c 209 art 2 s 1; 1990 c 566 s 8; 1992 c 484 s 15; 1994 c 483 s 1; 1995 c 54 s 21-24; 1996 c 417 s 29,31; 1997 c 66 s 74,79; 1998 c 265 s 37; 1999 c 107 s 56,66; 2000 c 343 s 4; 2004 c 183 s 82; 2004 c 206 s 52; 2005 c 112 art 2 s 39; 2007 c 128 art 2 s 15; art 6 s 90; 2016 c 189 art 11 s 5; 2017 c 35 art 3 s 19,24
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.183 — Applicant Administrative Penalties.

268.183 APPLICANT ADMINISTRATIVE PENALTIES.
(a) Any applicant who makes a false statement or representation without a good faith belief as to the correctness of the statement or representation, in order to obtain or in an attempt to obtain unemployment benefits may be assessed, in addition to any other penalties, an administrative penalty of being ineligible for unemployment benefits for 13 to 104 weeks.
(b) A determination of ineligibility setting out the weeks the applicant is ineligible must be sent to the applicant by mail or electronic transmission. The department is authorized to issue a determination of ineligibility under this subdivision within 48 months of the establishment of the benefit account upon which the unemployment benefits were obtained, or attempted to be obtained. Unless an appeal is filed within 45 calendar days of sending, the determination is final. Proceedings on the appeal are conducted in accordance with section 268.105.
History:
2017 c 35 art 3 s 19,24; 2023 c 33 s 22
NOTE:
The amendment to this section by Laws 2023, chapter 33, section 22, is effective for determinations issued on or after May 5, 2024. Laws 2023, chapter 33, section 22, the effective date.
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.188 — Subpoenas; Oaths.

268.188 SUBPOENAS; OATHS.
(a) The commissioner or an unemployment law judge has authority to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of individuals and the production of documents and other personal property necessary in connection with the administration of the Minnesota unemployment insurance program.
(b) Individuals subpoenaed, other than applicants or officers and employees of an employer that is the subject of the inquiry, are paid witness fees the same as witness fees in civil actions in district court. The fees need not be paid in advance.
(c) The subpoena is enforceable through the district court in Ramsey County.
History:
Ex1936 c 2 s 10; 1937 c 306 s 7; 1939 c 441 s 42; 1939 c 443 s 8,10; 1941 c 554 s 9; 1943 c 650 s 7; 1945 c 376 s 9; 1947 c 600 s 3-6; 1949 c 605 s 15; 1949 c 739 s 8; 1951 c 442 s 6-10; 1951 c 713 s 29; 1953 c 97 s 15; 1953 c 603 s 1; 1953 c 612 s 1; 1955 c 847 s 22; 1957 c 883 s 7; 1965 c 45 s 42-44; 1965 c 741 s 18; 1967 c 770 s 1; 1969 c 9 s 63; 1969 c 310 s 2; 1969 c 567 s 1,3; 1969 c 854 s 11,12; 1969 c 1129 art 8 s 7; 1971 c 942 s 12; 1973 c 254 s 1,3; 1973 c 492 s 14; 1974 c 241 s 1; 1975 c 315 s 19; 1975 c 336 s 20,21; 1977 c 172 s 2; 1977 c 237 s 1; 1977 c 297 s 20; 1977 c 305 s 31; 1977 c 430 s 25 subd 1; 1978 c 674 s 60; 1979 c 181 s 15; 1980 c 615 s 37; 1981 c 311 s 39; 1982 c 424 s 130; 1982 c 545 s 23,24; 1Sp1982 c 1 s 31,32; 1983 c 216 art 1 s 87; 1983 c 247 s 114; 1983 c 260 s 58; 1983 c 312 art 8 s 2; 1983 c 372 s 37,38; 1984 c 544 s 89; 1985 c 248 s 70; 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1987 c 165 s 1; 1987 c 312 art 1 s 26 subd 2; 1987 c 362 s 23; 1987 c 385 s 25; 1989 c 65 s 11; 1989 c 209 art 2 s 1; 1990 c 516 s 6,7; 1991 c 202 s 16; 1993 c 67 s 10; 1994 c 483 s 1; 1994 c 488 s 8; 1995 c 54 s 12; 1996 c 417 s 23,31; 1996 c 440 art 1 s 47; 1997 c 66 s 63,79; 1998 c 265 s 44; 1999 c 107 s 58,66; 2001 c 175 s 52; 2004 c 206 s 52; 2007 c 128 art 3 s 19; 1Sp2015 c 1 art 6 s 14
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.192 — Protection Of Rights.

268.192 PROTECTION OF RIGHTS.
Subdivision 1.
Waiver of rights void.
Any agreement by an individual to waive, release, or commute rights to unemployment benefits or any other rights under the Minnesota Unemployment Insurance Law is void. Any agreement by an employee to pay all or any portion of an employer's taxes, is void. No employer may directly or indirectly make or require or accept any deduction from wages to pay the employer's taxes, require or accept any waiver of any right or in any manner obstruct or impede an application or continued request for unemployment benefits. Any employer or officer or agent of any employer who violates any portion of this subdivision is, for each offense, guilty of a misdemeanor.
Subd. 1a.
Agreements not allowed.
An employer may not make an agreement that in exchange for the employer agreeing not to contest the payment of unemployment benefits, including agreeing not to provide information to the department, an employee will:
(1) quit the employment;
(2) take a leave of absence;
(3) leave the employment temporarily or permanently; or
(4) withdraw a grievance or appeal of a termination.
An agreement that violates this subdivision has no effect under this chapter.
Subd. 2.
No assignment of unemployment benefits; exemptions.
Any assignment, pledge, or encumbrance of unemployment benefits is void. Unemployment benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt. Any waiver of this subdivision is void.
History:
Ex1936 c 2 s 15; 1941 c 554 s 14; 1986 c 444; 1989 c 209 art 2 s 1; 1996 c 417 s 31; 1997 c 66 s 79; 1998 c 265 s 39; 1999 c 107 s 59; 2000 c 343 s 4; 2001 c 175 s 48,52; 1Sp2003 c 3 art 2 s 20; 2007 c 128 art 3 s 24; art 6 s 94; 2012 c 201 art 2 s 7
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.193 — Postsecondary Unemployment Insurance Aid.

268.193 POSTSECONDARY UNEMPLOYMENT INSURANCE AID.
Subdivision 1.
Postsecondary institutions.
For the purposes of this section, "eligible postsecondary institution" means:
(1) the University of Minnesota;
(2) a postsecondary institution governed by the Board of Trustees of the Minnesota State Colleges and Universities; or
(3) a Tribal college, which includes Leech Lake Tribal College, White Earth Tribal College, or Red Lake Nation Tribal College.
Subd. 2.
Unemployment insurance aid.
Eligible postsecondary institutions are eligible to receive unemployment insurance aid under this section. For each fiscal year, an eligible entity's aid is the difference between fiscal year 2022's unemployment insurance costs and the current year's unemployment insurance costs, as reflected in the unemployment insurance employer accounts maintained by the state. If the total eligible unemployment insurance aid for a fiscal year is greater than the annual appropriation for that year, the Board of Trustees of the Minnesota State Colleges and Universities or the commissioner of the Office of Higher Education, as applicable, must proportionately reduce the aid payment to each eligible entity.
History:
2023 c 41 art 2 s 29
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.196 — Administration Account.

268.196 ADMINISTRATION ACCOUNT.
Subdivision 1.
Administration account.
(a) There is created in the state treasury a special account to be known as the administration account. All money deposited into this account is continuously available to the commissioner for administering the Minnesota unemployment insurance program, and does not lapse at any time. The administration account consists of all money:
(1) received from the federal government to:
(i) administer the Minnesota unemployment insurance program;
(ii) administer any federal unemployment insurance program; and
(iii) assist any other state in administering that state's unemployment insurance program;
(2) received for services or facilities supplied to the federal government or any other state;
(3) credited to this account under this chapter;
(4) received for losses sustained by this account or by reason of damage to equipment or supplies; and
(5) received from the sale of any equipment or supplies that are no longer necessary for the administration of the Minnesota unemployment insurance program.
(b) All money in this account must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as are provided by law for the other special accounts in the state treasury. The commissioner of management and budget, as treasurer and custodian of this account, is liable for the faithful performance of duties in connection with this account.
(c) All money in this account may only be spent for the administration of the Minnesota unemployment insurance program.
Subd. 2.
State to replace money wrongfully used.
If any money received under United States Code, title 42, section 501 of the Social Security Act is found by the United States Secretary of Labor to have been spent for purposes other than for the proper administration of the Minnesota unemployment insurance program, the commissioner must, at the earliest opportunity, submit to the legislature a request for the appropriation of that amount.
Subd. 3.
MS 2006 [Renumbered 268.199]
Subd. 4.
MS 2006 [Renumbered 268.211]
History:
Ex1936 c 2 s 13; 1941 c 554 s 12; 1945 c 376 s 12; 1953 c 97 s 16; 1957 c 883 s 8-10; 1963 c 721 s 1; 1965 c 45 s 46; 1969 c 399 s 1; 1969 c 567 s 3; 1973 c 254 s 3; 1973 c 492 s 14; 1973 c 720 s 73 subd 1; 1974 c 497 s 1; 1975 c 302 s 2; 1Sp1982 c 1 s 33; 1983 c 216 art 1 s 87; 1986 c 444; 1987 c 362 s 25; 1987 c 385 s 27; 1989 c 209 art 2 s 1; 1994 c 488 s 8; 1996 c 417 s 31; 1997 c 7 art 1 s 106; 1997 c 66 s 79,80; 1998 c 265 s 43; 1999 c 107 s 61,66; 2000 c 343 s 4; 2001 c 175 s 52; 1Sp2003 c 3 art 2 s 20; 2004 c 206 s 52; 2007 c 128 art 1 s 21; art 3 s 23; 2007 c 135 art 2 s 26; 2008 c 300 s 51; 2009 c 78 art 4 s 45,46; 2009 c 101 art 2 s 109; 2014 c 251 art 2 s 22
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.199 — Contingent Account.

268.199 CONTINGENT ACCOUNT.
(a) There is created in the state treasury a special account, to be known as the contingent account, that does not lapse nor revert to any other fund or account. This account consists of all money collected under this chapter that is required to be placed in this account and any interest earned on the account. All money in this account is appropriated and available for administration of the Minnesota unemployment insurance program unless otherwise appropriated by session law.
(b) All money in this account must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for the other special accounts in the state treasury.
History:
Ex1936 c 2 s 13; 1941 c 554 s 12; 1945 c 376 s 12; 1953 c 97 s 16; 1957 c 883 s 8-10; 1963 c 721 s 1; 1965 c 45 s 46; 1969 c 399 s 1; 1969 c 567 s 3; 1973 c 254 s 3; 1973 c 492 s 14; 1973 c 720 s 73 subd 1; 1974 c 497 s 1; 1975 c 302 s 2; 1Sp1982 c 1 s 33; 1983 c 216 art 1 s 87; 1986 c 444; 1987 c 362 s 25; 1987 c 385 s 27; 1989 c 209 art 2 s 1; 1994 c 488 s 8; 1996 c 417 s 31; 1997 c 7 art 1 s 106; 1997 c 66 s 79,80; 1998 c 265 s 43; 1999 c 107 s 61,66; 2000 c 343 s 4; 2001 c 175 s 52; 1Sp2003 c 3 art 2 s 20; 2004 c 206 s 52; 2007 c 128 art 1 s 21; art 3 s 23; 2007 c 135 art 2 s 26; 2008 c 300 s 51; 2009 c 78 art 4 s 47
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.20 — Representation In Court.

268.20 REPRESENTATION IN COURT.
In any civil action to enforce the provisions of the Minnesota Unemployment Insurance Law, the commissioner may be represented by the attorney general.
History:
(4337-37) Ex1936 c 2 s 17; 1941 c 554 s 16; 1989 c 209 art 2 s 1; 1996 c 417 s 31; 2001 c 175 s 52; 1Sp2003 c 3 art 2 s 20; 2007 c 128 art 6 s 98
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.21 — Nonliability Of State.

268.21 NONLIABILITY OF STATE.
(a) Unemployment benefits are payable only to the extent provided in this chapter and to the extent that money is available in the trust fund and neither the state nor the commissioner is liable for any amount in excess of the money available in the trust fund.
(b) No person may make any demand, bring any suit, or other proceeding to recover from the state or the commissioner any sum alleged to be due on a benefit account after the expiration of two years from the effective date of the benefit account.
History:
(4337-38) Ex1936 c 2 s 18; 1941 c 554 s 17; 1989 c 209 art 2 s 1; 1994 c 488 s 8; 1996 c 417 s 31; 1997 c 66 s 77; 1998 c 265 s 44; 1999 c 107 s 63; 2000 c 343 s 4; 1Sp2003 c 3 art 2 s 20; 2007 c 128 art 6 s 99
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.211 — Unemployment Insurance Benefits Telephone System.

268.211 UNEMPLOYMENT INSURANCE BENEFITS TELEPHONE SYSTEM.
The commissioner must ensure that any automated telephone system used for unemployment insurance benefits provides an option for any caller to speak to an unemployment insurance specialist. An individual who calls any of the publicized telephone numbers seeking information about applying for unemployment benefits or on the status of a benefit account must have the option to speak on the telephone to a specialist who can provide direct assistance or can direct the caller to the individual or office that is able to respond to the caller's needs.
History:
Ex1936 c 2 s 13; 1941 c 554 s 12; 1945 c 376 s 12; 1953 c 97 s 16; 1957 c 883 s 8-10; 1963 c 721 s 1; 1965 c 45 s 46; 1969 c 399 s 1; 1969 c 567 s 3; 1973 c 254 s 3; 1973 c 492 s 14; 1973 c 720 s 73 subd 1; 1974 c 497 s 1; 1975 c 302 s 2; 1Sp1982 c 1 s 33; 1983 c 216 art 1 s 87; 1986 c 444; 1987 c 362 s 25; 1987 c 385 s 27; 1989 c 209 art 2 s 1; 1994 c 488 s 8; 1996 c 417 s 31; 1997 c 7 art 1 s 106; 1997 c 66 s 79,80; 1998 c 265 s 43; 1999 c 107 s 61,66; 2000 c 343 s 4; 2001 c 175 s 52; 1Sp2003 c 3 art 2 s 20; 2004 c 206 s 52; 2007 c 128 art 1 s 21; art 3 s 23; 2007 c 135 art 2 s 26; 2008 c 300 s 51; 2009 c 78 art 4 s 48
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.215 — Day Of The Week And Date Requirement.

268.215 DAY OF THE WEEK AND DATE REQUIREMENT.
(a) Every determination issued under this chapter must indicate the day of the week and the date, for example, Tuesday, August 1, 2006, that the determination is final and no longer subject to an appeal.
(b) Every decision issued by an unemployment law judge under section 268.105, subdivision 1a, must indicate the day of the week and the date, for example, Tuesday, August 1, 2006, that the decision is final and no longer subject to reconsideration.
History:
2007 c 128 art 2 s 18; 2014 c 251 art 2 s 23
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.22 — Saving Clause.

268.22 SAVING CLAUSE.
The legislature reserves the right to amend or repeal all or any part of the Minnesota Unemployment Insurance Law at any time; and there is no vested private right of any kind against amendment or repeal. All the rights, privileges, immunities conferred, or acts done exist subject to the power of the legislature to amend or repeal these sections at any time.
History:
(4337-39) Ex1936 c 2 s 19; 1941 c 554 s 18; 1991 c 199 art 2 s 1; 1996 c 417 s 31; 2001 c 175 s 52; 1Sp2003 c 3 art 2 s 20; 2007 c 128 art 6 s 100
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268 — Unemployment Insurance › Section 268.23 — Severable.

268.23 SEVERABLE.
If the United States Department of Labor or a court of competent jurisdiction determines that any provision of the Minnesota Unemployment Insurance Law is not in conformity with, or is inconsistent with, the requirements of federal law, the provision has no force or effect. If only a portion of the provision, or the application to any person or circumstances, is determined not in conformity, or determined inconsistent, the remainder of the provision and the application of the provision to other persons or circumstances are not affected.
History:
(4337-40) Ex1936 c 2 s 20; 1941 c 554 s 19; 1949 c 605 s 14; 1965 c 45 s 47; 1991 c 199 art 2 s 1; 1996 c 417 s 30,31; 1999 c 107 s 64,66; 2000 c 343 s 4; 2001 c 175 s 52; 1Sp2003 c 3 art 2 s 20; 2007 c 128 art 6 s 101; 2013 c 85 art 4 s 16
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.02 — Commissioner; Rehabilitation Council; Independent Living Council.

268A.02 COMMISSIONER; REHABILITATION COUNCIL; INDEPENDENT LIVING COUNCIL.
Subdivision 1.
Commissioner.
The commissioner is the chief executive officer of the Department of Employment and Economic Development and is the successor to the powers and duties of the former assistant commissioner of vocational rehabilitation.
Subd. 2.
Rehabilitation council.
The commissioner shall establish a State Rehabilitation Council and a Statewide Independent Living Council consistent with the federal Rehabilitation Act of 1973, Public Law 93-112, as amended. Members of the councils shall be compensated as provided in section 15.059, subdivision 3.
Subd. 3.
Electronic or telephonic meetings.
(a) Notwithstanding section 13D.01, the State Rehabilitation Council and the Statewide Independent Living Council may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:
(1) all members of the council 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 council can hear all discussion and testimony and all votes of members of the council;
(3) at least one member of the council 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.
(b) Each member of the council participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.
(c) If telephone or other electronic means is used to conduct a meeting, the council, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The council may require the person making such a connection to pay for documented marginal costs that the council incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the council shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (c). The timing and method of providing notice is governed by section 13D.04.
History:
1976 c 332 s 2; 1977 c 305 s 22; 1Sp1985 c 14 art 9 s 7; 1986 c 444; 1988 c 689 art 2 s 19; 1993 c 97 s 2; 1994 c 483 s 1; 1995 c 82 s 12,16; 2001 c 161 s 52; 2003 c 128 art 12 s 2; 2004 c 206 s 52
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.04 — Disability Determinations; Privileged Information.

268A.04 DISABILITY DETERMINATIONS; PRIVILEGED INFORMATION.
No communication or statement furnished by a physician or other professional person to the department or any other agency of the state for use in connection with an agreement or contractual relationship as contemplated in section 268A.03, clause (4), shall be made the subject of any slander, libel or defamation action.
History:
1976 c 332 s 4
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.05 — Reports, Disclosure.

268A.05 REPORTS, DISCLOSURE.
Subdivision 1.
Public records; access.
The employees of the department specifically authorized by the commissioner shall have the right to receive from any public records the names, addresses and information pertinent to their vocational rehabilitation of persons injured or otherwise disabled. Except as provided in subdivision 2, no information obtained from these reports, nor any copy of the same, nor any of the contents thereof, nor other confidential information as defined by the commissioner shall be open to the public, nor shall be disclosed in any manner by any official or clerk or other employee of the state having access thereto, but the same may be used, except as provided in subdivision 2, solely to enable the department to offer the benefits of vocational rehabilitation to the persons injured or otherwise disabled.
Subd. 2.
[Repealed, 1991 c 292 art 10 s 4]
History:
1975 c 359 s 23; 1976 c 134 s 78; 1976 c 332 s 5
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.06 — Community Rehabilitation Providers.

268A.06 COMMUNITY REHABILITATION PROVIDERS.
Subdivision 1.
Application.
Any city, town, county, nonprofit corporation, or any combination thereof, may apply to the commissioner for assistance in establishing or operating an extended employment program. Application for assistance must be on forms prescribed by the commissioner.
Subd. 2.
Funding.
In order to provide the necessary funds for extended employment programs offered by a community rehabilitation provider, the governing body of any city, town, or county may expend money which may be available for such purposes in the general fund, and may levy a tax on the taxable property in the city, town, or county. Any city, town, county, or nonprofit corporation may accept gifts or grants from any source for the extended employment program. Any money appropriated, taxed, or received as a gift or grant may be used to match funds available on a matching basis.
Subd. 3.
[Repealed, 2001 c 77 s 4]
History:
1976 c 332 s 6; 1978 c 522 s 1; 1987 c 369 s 3; 1988 c 689 art 2 s 21,268; 1Sp1989 c 1 art 5 s 5; 1991 c 292 art 3 s 39; 1994 c 505 art 3 s 6; 1995 c 224 s 86; 2001 c 77 s 1; 2009 c 78 art 2 s 39; 1Sp2015 c 1 art 2 s 18
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.07 — Requirements For Certification.

268A.07 REQUIREMENTS FOR CERTIFICATION.
Subdivision 1.
Benefits.
A community rehabilitation provider must, as a condition for receiving program certification, provide employees in noncompetitive employment with personnel benefits prescribed in rules adopted by the commissioner of employment and economic development.
Subd. 2.
Grievance procedure.
A community rehabilitation provider must, as a condition for receiving program certification, provide to employees in noncompetitive employment subprograms, a grievance procedure which has as its final step provisions for final and binding arbitration.
History:
1Sp1985 c 9 art 2 s 5; 1Sp1985 c 14 art 9 s 75; 1988 c 689 art 2 s 268; 1994 c 483 s 1; 1995 c 224 s 87; 2004 c 206 s 52; 1Sp2015 c 1 art 2 s 19
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.085 — Community Rehabilitation Provider Governing Boards.

268A.085 COMMUNITY REHABILITATION PROVIDER GOVERNING BOARDS.
Subdivision 1.
Appointment; membership.
Every city, town, county, nonprofit corporation, or combination thereof establishing an extended employment program shall appoint a governing board of no fewer than seven voting members before becoming eligible for the assistance provided by sections 268A.06 to 268A.15. When any city, town, or county singly establishes an extended employment program, the governing board shall be appointed by the chief executive officer of the city or the chair of the governing board of the county or town. When any combination of cities, towns, counties, or nonprofit corporations establishes an extended employment program, the chief executive officers of the cities, nonprofit corporations, and the chairs of the governing bodies of the counties or towns shall appoint the board. If a nonprofit corporation singly establishes an extended employment program, the corporation shall appoint the board of directors. Membership on a board shall be representative of the community served and shall include a person with a disability. If a county establishes an extended employment program and manages the program with county employees, the governing board shall be the county board of commissioners, and other provisions of this chapter pertaining to membership on the governing board do not apply.
Subd. 2.
Duties.
Subject to the provisions of sections 268A.06 to 268A.15 and the rules of the department, each governing board shall:
(1) review and evaluate the need for extended employment programs provided under sections 268A.06 to 268A.15;
(2) recruit and promote local financial support for extended employment programs from private sources including: the United Way; business, industrial, and private foundations; voluntary agencies; and other lawful sources, and promote public support for municipal and county appropriations;
(3) promote, arrange, and implement working agreements with other educational and social service agencies, both public and private, and any other allied agencies; and
(4) when an extended employment program is certified, act as its administrator for purposes of this chapter.
History:
2004 c 206 s 49; 2007 c 135 art 2 s 29; 1Sp2015 c 1 art 2 s 20
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.10 — Expenditure Of Federal Funds.

268A.10 EXPENDITURE OF FEDERAL FUNDS.
Any additional federal funds which become available to the state of Minnesota for vocational rehabilitation or independent living purposes as a result of a reallocation of funds returned by other states or release of additional funds may be carried over and expended in the next fiscal year.
History:
1976 c 332 s 11; 1988 c 689 art 2 s 27
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.11 — Independent Living Services.

268A.11 INDEPENDENT LIVING SERVICES.
Subdivision 1.
Purposes and services.
The purposes of independent living services and the services that are to be provided are those that are consistent with Code of Federal Regulations, title 34, parts 365 to 367.
Subd. 2.
Administration.
This section shall be administered by the Department of Employment and Economic Development through rehabilitation services. The department may employ staff as reasonably required to administer this section and may accept and receive funds from nonstate sources for the purpose of effectuating this section.
Subd. 3.
Certification.
No applicant center for independent living may receive funding under this section unless it has received certification from rehabilitation services.
Rehabilitation services shall review the programs of centers for independent living receiving funds from this section to determine their adherence to standards adopted by rule and if the standards are substantially met, shall issue appropriate certifications.
Subd. 4.
Application of centers for independent living.
Rehabilitation services shall require centers for independent living to complete application forms, expenditure reports, and proposed plans and budgets. These reports must be in the manner and on the form prescribed by rehabilitation services. When applying, the center for independent living shall agree to provide reports and records, and make available records for audit as may be required by rehabilitation services.
The applicant center for independent living shall be notified in writing by rehabilitation services concerning the approval of budgets and plans.
History:
1Sp1985 c 9 art 2 s 8; 1Sp1985 c 14 art 9 s 75; 1988 c 689 art 2 s 28; 1994 c 483 s 1; 1995 c 82 s 14,15; 2004 c 206 s 52
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.13 — Employment Support Services For Persons With Mental Illness.

268A.13 EMPLOYMENT SUPPORT SERVICES FOR PERSONS WITH MENTAL ILLNESS.
The commissioner of employment and economic development, in cooperation with the commissioner of human services, shall develop a statewide program of grants as outlined in section 268A.14 to provide services for persons with mental illness who want to work in supported employment. Projects funded under this section must: (1) assist persons with mental illness in obtaining and retaining competitive employment; (2) emphasize individual client preferences; (3) ensure interagency collaboration at the local level between vocational rehabilitation field offices, county service agencies, community support programs operating under the authority of section 245.4712, and community rehabilitation providers, in assisting clients; (4) ensure services are integrated with mental health treatment; (5) provide benefits counseling; (6) conduct rapid job search; and (7) involve clients in the planning, development, oversight, and delivery of support services. Project funds may not be used to provide services in segregated settings such as the center-based employment subprograms as defined in section 268A.01.
The commissioner of employment and economic development, in consultation with the commissioner of human services, shall develop a request for proposals which is consistent with the requirements of this section and section 268A.14 and which specifies the types of services that must be provided by grantees. Priority for funding shall be given to organizations carrying out evidence-based practices. Each applicant for funds under this section shall submit an evaluation protocol as part of the grant application.
History:
1994 c 483 s 1; 1994 c 632 art 4 s 71; 1995 c 224 s 90; 1999 c 223 art 2 s 40; 2004 c 206 s 52; 2013 c 85 art 3 s 20
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268A — Vocational Rehabilitation › Section 268A.16 — Employment Services For Persons Who Are Deaf, Deafblind, Or Hard-of-hearing.

268A.16 EMPLOYMENT SERVICES FOR PERSONS WHO ARE DEAF, DEAFBLIND, OR HARD-OF-HEARING.
Subdivision 1.
Deaf, deafblind, and hard-of-hearing grants.
(a) The commissioner shall develop and implement a specialized statewide grant program to provide long-term supported employment services for persons who are deaf, deafblind, and hard-of-hearing. Programs and services eligible for grants under this section must:
(1) assist persons who are deaf, deafblind, and hard-of-hearing in retaining and advancing in employment;
(2) provide services with staff who must possess fluency in all forms of manual communication, including American Sign Language; knowledge of hearing loss and psychosocial implications; sensitivity to cultural issues; familiarity with community services and communication strategies for people who are hard-of-hearing and do not sign; and awareness of adaptive technology options;
(3) provide specialized employment support services for individuals who have a combined hearing and vision loss that address the individual's unique ongoing visual and auditory communication needs; and
(4) involve clients in the planning, development, oversight, and delivery of long-term ongoing support services.
(b) Priority for funding shall be given to organizations with experience in developing innovative employment support services for persons who are deaf, deafblind, and hard-of-hearing. Each applicant for funds under this section shall submit an evaluation protocol as part of the grant application.
Subd. 2.
Employment services for transition-aged youth who are deaf, deafblind, and hard-of-hearing.
(a) The commissioner shall develop statewide or regional grant programs to provide school-based communication, access, and employment services for youth who are deaf, deafblind, and hard-of-hearing. Services must include staff who have the skills addressed in subdivision 1, clauses (2) and (3), and expertise in serving transition-aged youth.
(b) Priority for funding shall be given to organizations with experience in providing innovative employment support services and readiness for postsecondary training for transition-aged youths who are deaf, deafblind, and hard-of-hearing. Each applicant for funds under this section shall submit an evaluation protocol as part of the grant application.
Subd. 3.
Administration.
Up to five percent of the biennial appropriation for the purpose of this section is available to the commissioner for administration of the program.
History:
2014 c 312 art 3 s 14
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268B — Family And Medical Benefits › Section 268B.02 — Family And Medical Benefit Insurance Program Creation.

268B.02 FAMILY AND MEDICAL BENEFIT INSURANCE PROGRAM CREATION.
Subdivision 1.
Creation.
A family and medical benefit insurance program is created to be administered by the commissioner according to the terms of this chapter.
Subd. 2.
Creation of division.
A Family and Medical Benefit Insurance Division is created within the department under the authority of the commissioner. The commissioner shall appoint a director of the division. The division shall administer and operate the benefit program under this chapter.
Subd. 3.
Rulemaking.
The commissioner shall adopt rules to implement the provisions of this chapter. For the purposes of this chapter, the commissioner may use the expedited rulemaking process under section 14.389.
Subd. 4.
Account creation; appropriation.
The family and medical benefit insurance account is created in the special revenue fund in the state treasury. Unless otherwise appropriated, money in this account is appropriated to the commissioner to pay benefits under and to administer this chapter, including outreach required under section 268B.18. Appropriations and transfers to the account are credited to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, are credited to the account. Money remaining in the account at the end of a fiscal year is not canceled to the general fund but remains in the account until expended.
Subd. 5.
Information technology services and equipment.
The department is exempt from the provisions of section 16E.016 for the purposes of this chapter.
Subd. 6.
Procurement.
For purposes of administering this chapter, until July 1, 2026, the department is exempt from the requirements of sections 16A.15, subdivision 3; 16C.06; 16C.08 to 16C.09; and any other applicable state procurement laws and procedures.
History:
2023 c 59 art 1 s 10
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268B — Family And Medical Benefits › Section 268B.03 — Payment Of Benefits.

268B.03 PAYMENT OF BENEFITS.
Subdivision 1.
Requirements.
The commissioner must pay benefits from the family and medical benefit insurance account as provided under this chapter to an applicant who has met each of the following requirements:
(1) the applicant has filed an application for benefits and established a benefit account in accordance with section 268B.04;
(2) the applicant has met all of the ongoing eligibility requirements under section 268B.06;
(3) the applicant does not have an outstanding overpayment of family or medical leave benefits due to misrepresentation, including any penalties or interest;
(4) the applicant has not been held ineligible for benefits under section 268B.07, subdivision 2; and
(5) the applicant is not employed exclusively by a private plan employer and has wage credits during the base year attributable to employers covered under the state family and medical leave program.
Subd. 2.
Benefits paid from state funds.
Benefits are paid from state funds and are not considered paid from any special insurance plan, nor as paid by an employer. An application for family or medical leave benefits is not considered a claim against an employer but is considered a request for benefits from the family and medical benefit insurance account. The commissioner has the responsibility for the proper payment of benefits regardless of the level of interest or participation by an applicant or an employer in any determination or appeal. An applicant's entitlement to benefits must be determined based upon that information available without regard to a burden of proof. Any agreement between an applicant and an employer is not binding on the commissioner in determining an applicant's entitlement. There is no presumption of entitlement or nonentitlement to benefits.
History:
2023 c 59 art 1 s 11
NOTE:
This section, as added by Laws 2023, chapter 59, article 1, section 11, is effective January 1, 2026. Laws 2023, chapter 59, article 1, section 11, the effective date.
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268B — Family And Medical Benefits › Section 268B.05 — Notification Of Changed Circumstances.

268B.05 NOTIFICATION OF CHANGED CIRCUMSTANCES.
An applicant shall promptly notify the department of changes that may affect eligibility under section 268B.06.
History:
2023 c 59 art 1 s 13
NOTE:
This section, as added by Laws 2023, chapter 59, article 1, section 13, is effective November 1, 2025. Laws 2023, chapter 59, article 1, section 13, the effective date.
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268B — Family And Medical Benefits › Section 268B.08 — Appeal Process.

268B.08 APPEAL PROCESS.
Subdivision 1.
Hearing.
(a) The commissioner shall designate a chief hearing officer.
(b) Upon a timely appeal to a determination having been filed or upon a referral for direct hearing, the chief hearing officer must set a time and date for a de novo due-process hearing and send notice to an applicant and an employer, by mail or electronic transmission, not less than ten calendar days before the date of the hearing.
(c) The commissioner may adopt rules on procedures for hearings. The rules need not conform to common law or statutory rules of evidence and other technical rules of procedure.
(d) The chief hearing officer has discretion regarding the method by which the hearing is conducted.
(e) The chief hearing officer must assign a hearing officer to conduct a hearing and may transfer to another hearing officer any proceedings pending before another hearing officer.
Subd. 2.
Decision.
(a) After the conclusion of the hearing, upon the evidence obtained, the hearing officer must serve by mail or electronic transmission to all parties the decision, reasons for the decision, and written findings of fact.
(b) Decisions of a hearing officer are not precedential.
Subd. 3.
Request for reconsideration.
Any party, or the commissioner, may, within 30 calendar days after service of the hearing officer's decision, file a request for reconsideration asking the hearing officer to reconsider that decision.
Subd. 4.
Appeal to court of appeals.
Any final determination on a request for reconsideration may be appealed by any party directly to the Minnesota Court of Appeals.
History:
2023 c 59 art 1 s 16
NOTE:
This section, as added by Laws 2023, chapter 59, article 1, section 16, is effective November 1, 2025. Laws 2023, chapter 59, article 1, section 16, the effective date.
2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268B — Family And Medical Benefits › Section 268B.13 — Employer Premium Accounts.

268B.13 EMPLOYER PREMIUM ACCOUNTS.
The commissioner must maintain a premium account for each employer. The commissioner must assess the premium account for all the premiums due under section 268B.14, and credit the family and medical benefit insurance account with all premiums paid.
History:
2023 c 59 art 1 s 22
NOTE:
This section, as added by Laws 2023, chapter 59, article 1, section 22, is effective January 1, 2026. Laws 2023, chapter 59, article 1, section 22, the effective date.