Nuts & Bolts at the Court of Administrative Hearings: Differences from District Court Proceedings

Allen Cook Barr, Assistant Attorney General

November 12, 2025

Overview

  • Issues That Pervade Practice
  • Pretrial Practice
  • Trial
  • Post-Decision

Overarching Themes

  • Role of CAH
  • Flexibility
  • Due Process

Representation

  • District Court
    • Natural persons may represent themselves
    • Corporations and other entities must be represented by an attorney
    • Nicollet Restoration, Inc. v. Turnham, 486 N.W.2d 753 (Minn. 1992)

Representation

  • Administrative Procedure
    • Parties may be represented by counsel.
      Minn. R. 1400.5800
    • But CAH generally permits business entities to also appear "through an owner or executive with authority to speak for that entity."
      In re U Ride Transportation, No. 71-1004-37433, 2021 WL 6186495, at *7 n.84 (OAH Dec. 22, 2021)

Initiating Case

  • District Court
    • Case initiated by serving complaint.
      • Minn. R. Civ. P. 3.01
    • Filing may not come until later.
      • Minn. R. Civ. P. 5.04
  • Administrative Procedure
    • "A contested case is commenced, subsequent to the assignment of a judge, by the service of a notice of and order for hearing by the agency."
      • Minn. R. 1400.5600, subp. 1

Initiating Case

Initiating Case

  • Judge Removal
    • District Court, Minn. R. Civ. P. 63.03
      • Once as of right, no showing required
      • Notice must be served within 10 days of recieving notice of who judge is
      • Determined in first instance by judge to be removed, may obtain reconsideration from chief judge. Minn. R. Gen. Pract. 106

Initiating Case

  • Judge Removal
    • Administrative Procedure, Minn. R. 1400.6400
      • No removal as of right, must show prejudice or bias
      • No deadline to file affidavit of prejudice, but must be at least 5 days before hearing
      • Determined by the chief administrative law judge

Initiating Case

  • Content of Notice and Order for Hearing,
    Minn. R. 1400.5600, subp. 2
    • Identify ALJ and time/place of hearing or prehearing (A-B)
    • Statutory authority to hold hearing or take proposed action (C)
    • State of allegations/issues and law that was violated or otherwise controls case (D)
    • NOTICE! (E-P)
  • No answer or other affirmative pleading is required

Initiating Case

  • Service
    • At least 30 days before hearing
    • Personal service permitted as in district court. Minn. R. 1400.5550, subp. 3
    • Service by mail is also permitted. Minn. R. 1400.5550, subp. 2
    • Must be "addressed to the last known address of the person"

Initiating Case

Initiating Case

  • Filing, Minn. R. 1400.5550
    • E-Filing
      (may be required by ALJ order or some statutes)
    • Mail
    • Personal Delivery
    • Fax

Joinder of Parties and "Claims"

  • Claims
    • District court
      • Unrelated claims, counterclaims, cross-claims, third-party claims. MInn. R. Civ. P. 13, 14, 18

Joinder of Parties and "Claims"

  • Claims
    • Administrative Procedure
      • Agencies may consolidate cases before referring them to CAH.
        • Minn. R. 1400.6350, subp. 2

Joinder of Parties and "Claims"

  • Claims
    • Administrative Procedure
      • Unless agency would have jurisdiction over counterclaims, they need not be raised in same proceeding. Cf. Wilson v. Comm'r of Rev., 619 N.W.2d 194 (Minn. 2000)
      • Similarly, res judicata and collateral estoppel do not apply rigidly to the agency, especially when the applciation would contravene public policy, there are changed circumstances, or the proceedings involve a recurring matter

Joinder of Parties and "Claims"

  • Post-Referral Consolidation of Cases
    • Agency may amend notice of hearing at any point before hearing to raise new issues, so long as respondent is given reasonable time to prepare. Minn. R. 1400.5600, subp. 5

Joinder of Parties and "Claims"

  • Post-Referral Consolidation of Cases
    • Any party may move consolidate cases post-referral. Minn. R. 1400.6350, subp. 1. Court considers:
      • Substantially the same issues of fact and law
      • Holding in one case would affect the rights of parties in another case
      • Save time and costs
      • Would not prejudice any party

Joinder of Parties and "Claims"

  • Post-Referral Consolidation of Cases
    • Any party may petition for severance. Minn. R. 1400.6350, subp. 7. Requirements:
      • Must be at least 7 days before hearing
      • Severance is mandatory if consolidation would prejudice the party seeking severance

Joinder of Parties and "Claims"

  • Parties
    • District court
      • Mandatory and permissive joinder of parties Minn. R. Civ. P. 19-20; Intervention as of right and permissive Minn. R. 24
    • Administrative Procedure
      • Agencies may conconsolidate cases against multiple parties
        • E.g., In re the Journeyworker-Electrician License of Lesnau, No. 60-1902-37191, 2021 WL 4184607, at *1 n.1 (OAH Sept. 9, 2021)

Joinder of Parties and "Claims"

  • Intervention
    • Non-Parties may intervene under
      Minn. R. 1400.6200, subps. 1-3
      • Must be timely (which is not defined)
      • Petition must identify statutory basis if one exists
      • If not statutory basis, must identify how intervenor will be affected
      • Must identify grounds and purpose for intervention
      • Existing parties have 7 days to object

What must a non-party do to present testimony at a hearing?

  1. Intervene
  2. File Petition of Intent to Intervene
  3. Serve Topic List
  4. Obtain ALJ Permission
  5. Make Demand at Hearing

What must a non-party do to present testimony at a hearing?

cle.allenbarr.com/iv.html

Joinder of Parties and "Claims"

  • Intervention
    • ALJs may permit the public to present testimony or evidence, or question witnesses, without granting intervention.
      Minn. R. 1400.6200, subp. 5

Pre-Discovery Practice

  • District Court
    • Motions to dismiss or for judgment on the pleadings under Minn. R. Civ. P. 12
  • Administrative Procedure
    • There is no such thing as a motion to dimiss. Parties may move for summary disposition
    • Instead, first substantive event is usually prehearing conference

Pre-Discovery Practice

  • Prehearing Conference
    • Similar to 26.06 conference, but presided over by ALJ
    • Usually telephonic
    • Topics to be covered listed in Minn. R. 1400.6500
    • Covers protective order, time periods for discovery, itermediate deadlines, filing of exhibit and witness lists, date of hearing, and any need for accommodations

Pre-Discovery Practice

  • Default
    • District Court: Appropriate if defendant fails to plead or otherwise defend. Minn. R. Civ. P. 55.01
    • Administrative Procedure
      • "A default occurs when a party fails to appear without the prior consent of the judge at a prehearing conference, settlement conference, or a hearing or fails to comply with any interlocutory orders of the judge."
        • Minn. R. 1400.6000

Which discovery tool is not available at CAH?

  1. Requests for Admission
  2. Initial Disclosures
  3. Interrogatories
  4. Requests for Production
  5. Depositions

Which discovery tool is not available at CAH?

cle.allenbarr.com/disco.html

Discovery

  • "Any means of discovery available pursuant to the Rules of Civil Procedure for the District Court of Minnesota is allowed." Minn. R. 1400.6700, subp. 2
  • Some differences:
    • "Initial" Disclosures
    • Requests for Admission
    • Subpoenas

Discovery

  • "Initial" Disclosures
    • Must disclose within 10 days of demand by other party
    • Names, addresses, and brief summary of testimony for witnesses a party intends to call
    • Written or recorded statements made by or on behalf of the party
    • Identify exhibits (but not the exhibits themselves)

Discovery

  • Requests for Admission
    • Response requried in 10 days instead of 30.
      Minn. R. 1400.6800

Discovery

  • Subpoenas, Minn. R. 1400.7000
    • Must requested from the ALJ
      • Statement demonstrating the potential relevance of the testimony or evidence sought
      • Identify any documents sought with specificity
      • Include the full name and home or business address of all persons to be subpoenaed
      • If known, the date, time, and place for responding

Motion Practice

  • District Court
    • Dispositive Motions, Minn. R. Gen. Pract. 115.03
      • Principal Brief: 28 days before hearing
      • Response Brief: 14 days before hearing
      • Reply Brief: 7 days before hearing
    • Non-Dispositive Motions,
      Minn. R. Gen. Pract. 115.04
      • Principal Brief: 21 days before hearing
      • Response Brief: 14 days before hearing
      • Reply Brief: 7 days before hearing
    • 35 page limit

Motion Practice

  • Administrative Procedure, Minn. R. 1400.6600
    • No right to a hearing
    • Response due 10 working days after recieving
    • No reply brief
    • 25 page limit

Motion Practice

  • Appealing Non-Final Orders
    • District Court: preliminary relief, jurisdictional and immunity iusses, certification, and discretionary review can all get you to the COA

Motion Practice

  • Appealing Non-Final Orders
    • Administrative Procedure, Minn. R. 1400.7600
      • Any party may request that a pending motion be certififed to the agency, except for motions on admissibility or CAH rules
      • Certification unavailable when ALJ is final decisionmaker
      • ALJ decides whether to certify motion:

Motion Practice

  • Appealing Non-Final Orders
    • ALJ decides whether to certify motion:
      • Controlling question of law with substantial ground for difference of opinion?
      • Determination advance termination of hearing?
      • Delay between motion and certifying adversely affect prevailing party?
      • Waiting render the matter moot?
      • Necessary to promote the development of a full record to prevent remand?
      • Issue is solely within the agency's expertise?

Evidentiary Hearings

  • Hearings are generally open to the public, but ALJ may close them for good cause. Minn. R. 1400.7800
  • Hearings are digitally recorded, there is no court reporter

Which portions of the Minnesota Rules of Evidence apply at CAH?

  1. All of Them
  2. All But the Hearsay Rules
  3. All But the Expert, Hearsay, and Best Evidence Rules
  4. None of Them

Which discovery tool is not available at CAH?

cle.allenbarr.com/roe.html

Evidentiary Hearings

  • Rules of Evidence do not generally apply.
    See Minn. R. 1400.7300, subp. 1.
  • Instead, the ALJ may admit "all evidence which possesses probative value, including hearsay, if it is the type of evidence on which reasonable, prudent persons are accustomed to rely in the conduct of their serious affairs"
  • But see In re Remedial Action Order Issued to Page, No. 82-0500-37640, 2021 WL 5763332, at *2
    (OAH Nov. 16, 2021)

Alternative Dispute Resolution

  • District Court: generally required in most cases. Minn. R. Gen. Pract. 114.04(b)
  • Administrative Procedure: encouraged, but not required. Minn. R. 1400.5950, subp. 3(C)
    • Settlement conferences, however, may be unilaterally requested by one party or ordered by ALJ. Minn. R. 1400.6550, subp. 2

Decision and Post-Decision Procedures

  • Unlike district court judgments, ALJ decisions are not necessarily final agency actions
  • Specifics regarding finality of decision vary from statute to statute
  • If a decision is not final, then agency must provide opportunity for parties to submit exceptions.
    Minn. Stat. § 14.61, subp. 1
  • If a decision is final, then appeal rights to court of appeals are determined by statute.
    E.g., Minn. Stat. § 326B.89, subd. 8

Decision and Post-Decision Procedures

  • Remand, Minn. Stat. § 14.62, subd. 2b
    • Mandatory if agency rejects summary disposition, default, or additional fact finding is necessary after appeal or clerical error
    • Discretionary in other cases

Questions

Allen Cook Barr
allen.barr@ag.state.mn.us
651-757-1487