Minnesota State Bar Association

Council members attending: Betsy Hayes, Chair; Wendy Willson Legge, Jocelyn Olson, Tom Pursell, Eric Lipman, Steve Mihalchick, David Aafedt, and David Schultz.

Minutes: The minutes of the October 25, 2006, council meeting were approved.

Treasurer's Report: Wendy Willson Legge presented the financial activity report for the three months ending September 30, 2006. This shows an expense of $468.07 paid to Sir Speedy in September for copying, and an ending balance of $5,255.81. There was some discussion of why we were charged for copying. The treasurer's report was approved with the stipulation that the treasurer look into the copying expense.

1. Legislative action: Betsy Hayes presented a legislative proposal/bill summary that she had signed on November 3, 2006. This relates to lobbying activity. After some discussion, the consensus of the council was that we are not clear about what the problem is with the current statute, and we want to hear what is said at today's CLE. David Aafedt said that he will talk to Lloyd Grooms about the lobbying legislation after today's CLE.

2. CLEs: We need to plan CLEs for February, April and June. For February, Eric Lipman presented the idea of an elimination of bias CLE on providing access to disabled persons. This is an issue for the deaf, and there are sometimes sign language interpreters at hearings. OAH provides what is needed and charges it to the agency. There was some discussion of the court decision that the ADA applies to courts. Steve Mihalchick suggested getting Beverly Jones Heydinger involved in the CLE planning, because she may have a file on this.

3. Pro bono project: Steve Mihalchick thanked the Lindquist and Vennum litigation section for agreeing to take special education cases pro bono. The firm has begun some training for this project.

MSBA Administrative Law Section - Governing Council Meeting Minutes
Minnesota Department of Health, Snelling Office Park
September 27, 2006
7:30 A.M.

Council members attending: Betsy Hayes, Chair; David Aafedt, Todd Guerrero, Wendy Willson Legge, Eric Lipman, Steve Mihalchick, Jocelyn Olson, and David Schultz.

Wendy Willson Legge presented the financial activity reports for the twelve months ended June 30, 2006, and for the two months ended August 31, 2006. Our ending balance on June 30, 2006, was $3,288.88. During June and July 2006, we received membership dues and had only $25 dollars in expenses. Our balance on August 31, 2006, was $5,653.88.

Renee Anderson reported that, for the 2006-2007 fiscal year, the MSBA will not bill us for administrative time (Kim's time), although we will continue to incur other MSBA administrative expenses such as copying.

There was some discussion of how we should spend our money. Ideas included having nicer breakfasts at our CLEs (like the breakfast in June), having a paid speaker, and planning an event in conjunction with another group.

1. Debriefing on June CLE: All comments about the June CLE were favorable. Everyone liked the venue. We will plan on having our June meeting there again next year.

2. Chairs Conference: Betsy Hayes reported on the conference that she attended with the other MSBA section chairs. The MSBA is focusing on judicial elections. There is a new Wills for Heroes Program, to draft wills for soldiers in Iraq, police officers, firemen, and other first responders. The MSBA is also focusing on diversity and CLE credits for pro bono work (one credit for every six hours). Betsy reported that other groups do more publication than our group.

3. Newsletter: Betsy asked about resurrecting our newsletter. Richard Murphy had taken over the newsletter. There was a general consensus that we should not send a newsletter by U.S. mail, but should have an electronic newsletter. We could e-mail it to members at a cost of 4 cents per name. Renee also suggested posting the newsletter on practicelaw.org for MSBA members only, as a benefit of membership.

Betsy will ask Richard to resurrect the newsletter, to be published electronically twice per year (in December and June). The next newsletter could include Jocelyn Olson's legislative handout at the June meeting. David Schultz said that he would make his case summary handout into an article for the newsletter.

4. Legislation: Todd Guerrero reported that we should think about whether to propose any legislation. In order to go through the MSBA legislative process, proposals need to be to the legislative committee by November 6. The committee meets on November 27, and the MSBA assembly meets on December 15. OAH will be proposing legislation to allow electronic filing where the PUC and Commerce statutes use the word "papers." Steve Mihalchick will get the proposed language for us. Todd suggested that we form a subcommittee to look at possible legislative changes. The following people volunteered to be on the subcommittee: Todd Guerroro, David Aafedt, Eric Lipman, and Steve Mihalchick. One issue to consider is whether the definition of "lobbying" should be changed to exclude certain appearances by lawyers. The subcommittee will report at our next governing council meeting.

5. Next CLE: After discussion, we decided to hold our next CLE on November 15th on the topic of "Ethical Traps in Administrative Law." This would include ethical issues involved in appearing before OAH, legislative bodies, and agencies. Possible speakers: Jean Olson from the Campaign Finance Board to talk about the rule on lobbying; an attorney from the Lawyers Board; an ALJ; and Ken Nickolai.

6. Report on Pro Bono Project: Steve Mihalchick announced that the Lindquist and Vennum litigation section has decided to do special education cases pro bono.

Administrative Law Section - Governing Council Meeting Minutes
William Mitchell College of Law
March 22, 2006
7:30 AM

David Aafedt, Todd Guerrero, Steve Mihalchick, Tom Pursell, Jocelyn Olson, Betsy Hayes, Rene Anderson (MSBA)

Motion was made to approve the minutes from the February 21, 2006 meeting with corrections as noted. The motion was seconded and adopted.

June 20, 2006 - case law/legislative update/combined with Annual Meeting and campaign finance/election law update. Greg Huwe, OAG is being asked to present on campaign finance/election law update. Need to find presenter on unfair campaign practices. Jocelyn Olson will provide legislative update. Ray Krause will provide an OAH update. David Schultz will provide a case law update. Given our relatively good financial position, the annual meeting is likely to be free.

Jocelyn Olson reported on recent legislative proposals, including HF 2612, relating to disclosures concerning draft rules, proposals, or plans of the MPCA. The draft legislation provided that the MPCA cannot make any "disclosures to any entity about draft rules, proposals, or plans without making disclosures to all potentially affected entities." David will contact Lloyd Grams and let him know the consensus of the Council is that HF 2612 is disfavors the proposal as against public and administrative policy.

Jocelyn also reported on In the Matter of the Petition of the Pipes Trades Association, et al. dealing with a request by the Trades Association to require the Department of Labor and Industry to cease enforcement of an unadapted rule that affected a certain plumbing device. A copy of ALJ Milhalchik's January 3, 2006 Amended Order in the matter is attached.

Judge Milhalchik is in the process of setting up CLE on boundary adjustments/annexation, and has identified Drew Haltgren (private practice) and Ken Raschke (OAG) to present. Meeting to be scheduled April 26, 2006.

Todd will forward notice of the CLE, once finalized, to the League of Minnesota Cities and Association of Townships to invite their members/solicit interest.

Administrative Law Section - Governing Council Meeting Minutes
Minnesota Department of Corrections
February 21, 2006
7:30 AM

Motion was made to approve the minutes from the January 25, 2006 meeting with corrections as noted. The motion was seconded and adopted.

June - case law/legislative update/combined with Annual Meeting and campaign finance/election law update. Steve Mihalchick - will provide an OAH update. David Schultz - will provide a case law update.

Steve is in the process of setting up CLE on boundary adjustments/annexation. Steve has followed-up on prospective presenters and will provide an update at the March meeting.

Administrative Law Section - Governing Council Meeting Minutes
William Mitchell College of Law
January 25, 2006
7:30 AM

David Aafedt, Todd Guerrero, Steve Mihalchick, Wendy Willson Legge, Caroline Palmer, David Schultz, Betsy Hayes, Sue Pontinen (Volunteer Lawyers Network).

Motion was made to approve the minutes from the December, 2005 meeting with corrections as noted. The motion was seconded and adopted.

Todd Guerrero presented an update as to the financial report as of November 30, 2005. The financial report for the month ending November 2005 shows a balance of $4,689.35.

David discussed status of upcoming Best Practices for Contested Cases and Rulemaking on February 21, 2006. David will look into videotaping the event. To be held in Department of Corrections (across from Bandana Square).

Steve suggested the possibility of a CLE on boundary adjustments/annexation. Steve will follow-up on some prospective presenters.

Question from Bar Association - to change fee structure? Consensus was that it was unnecessary.

Sue Pontinen from VLN visited and described how VLN could plug into the OAH proposed pro bono program. Sue identified that her office sees many administrative cases but has few lawyers who specialize in administrative law. Betsy Hayes also described how Legal Corps could plug into the proposed OAH pro bono program.

Caroline Palmer described how Legal Corps could also plug into the proposed OAH pro bono programs. She also discussed possible CLE credits for doing pro bono work. The revised proposal is attached.

Legal Assistance to the Disadvantaged Committee of the State Bar Association will be bringing this proposal forward. David Schultz offered that it may be difficult for the Committee on Legal Education to support the proposal.

Steve Mihalchick moved to support the proposal, seconded, motion passed unanimously.

Administrative Law Section - Governing Council Meeting Minutes
William Mitchell College of Law
November 30, 2005
7:30 AM

Attendance: Jocelyn Olson, David Aafedt, Todd Guerrero, Tom Pursell, Steve Mihalchick, and Wendy Willson Legge.

Motion was made to approve the minutes from the October 26, 2005 meeting with corrections as noted. The motion was seconded and adopted.

Treasurer's Report

Todd Guerrero presented an update as to the financial report as of September 30, 2005. The financial report for the month ending September 2005 shows a balance of $4,802.62. Motion made by Tom Pursell and seconded by Wendy Willson Legge - motion passed. (On December 1, Todd received the financial report as of October 31, 2005 - which shows a balance of $4,809.19).

New Business

Eric Lipman discussed the CLE, to be scheduled for February 21, 2005, regarding Best Practices for Contested Cases and Rulemaking.

Steve Mihalchick updated the Council on his ideas for pro bono opportunities at OAH. One idea is creating a referral system of lawyers willing to take on contested cases at OAH. Next step is the meeting on December 7 or sometime in early December.

Respectfully submitted,

Todd Guerrero
Secretary/Treasurer

Administrative Law Section - Governing Counsel Meeting Minutes

William Mitchell College of Law
October 26, 2005
7:30 AM

Attendance: Jocelyn Olson, David Aafedt, Todd Guerrero, Amy Ihlan, Eric Swanson, Phil Duran, Mike Ahern, Jean Stepan, David Schultz, Allan Klein, Mike Mihalchick

Motion was made to approve the minutes from the September 28, 2005 meeting. The motion was seconded and adopted.

Treasurer's Report
Todd Guerrero presented an update as to the financial report as of July 31, 2005. The financial report for the month ending July 31, 2005 shows a balance of $4,396.83.

Next CLEs - The Council discussed possible new CLEs:

- Election Law/Campaign Violation cases - April
- Nuts and Bolts at OAH practice (pro bono) - February 22
- Elimination of Bias - Eric Littman (discussed but decided not to pursue)
- The Council also discussed that Steve Mihalchick would organize a meeting the afternoon of November 3rd at OAH to discuss pro bono opportunities for lawyers to work on OAH cases.

New Business
CLE - David Schultz and Amy Ihlan presented Kelo v. New London.

Respectfully submitted,

Todd Guerrero
Secretary/Treasurer

Administrative Law Section - Governing Council Meeting Minutes
William Mitchell College of Law
September 28, 2005
7:30 AM

Attendance
Council members: David Aafedt, Betsy Hayes, Steven Mihalchick, Tom Pursell, Wendy Willson Legge, Jocelyn Olson, and David Schultz, guest: Lloyd Grooms and MSBA Liaison: Renee Anderson.

Motion made to approve the minutes from the June 22, 2005 meeting with a correction to the spelling of Wendy's last name, "Willson;" the motion was seconded and adopted.

Betsy Hayes, in the treasurer's absence, provided an update as to the last financial report she received in her role as treasurer. The Financial Report for the month ending June 30, 2005 shows a balance of $2,983.98.

CLE's - The council recapped the June '05 CLE with the consensus that it went well. The idea to do a presentation/discussion on Kelo v. City of New London for the next CLE had already been raised in e-mail discussions between council members and was agreed upon by all present. The one-hour CLE will be held at WMCL on October 26, 2005, with David Schultz and Amy Ihlan presenting.

Another CLE idea for later in the year is to do something on elections law. The idea of doing some training relating to pro bono services was also addressed as was looking into an elimination of bias CLE such as a presentation on communities of color and rulemaking.

MSBA GRASSROOTS - MSBA lobbyist Lloyd Grooms provided an overview of the MSBA Grassroots Action Network.

MEMBERSHIP - The council discussed what is believed to be obstacles to membership in the section and ways to promote new memberships including CLE's of interest to city, county and state attorneys.

There being no further new business, the meeting was adjourned. The next meeting will be held on Wednesday, October 25 at 7:30 a.m. followed by a CLE program titled, "Eminent Domain and Economic Development: The Impact of Kelo v. City of New London on Minnesota Cities and Communities."

Administrative Law Section - Governing Council Meeting Minutes
William Mitchell College of Law
June 22, 2005
7:30 AM

Attendance
Eric Swanson, David Aafedt, Jocelyn Olson, David Schultz, Richard Murphy, Todd Guerrero, Betsy Hayes, Wendy Legge, Harold Lavander, and Allan Klein.

Motion made to approve the minutes from the May 25, 2005 meeting; the motion was seconded and adopted.

Treasurer's Report
The most recent MSBA financial report had not arrived at the time of the meeting. Following the meeting, the Financial Report for the month ending May 31, 2005 arrived indicating a balance of $3,241.56.

The following nominations were made:
Chair: David Aafedt
Vice-Chair: Elizabeth Hayes
Secretary-Treasurer: Todd Guerrero
Past Chair: Eric Swanson

Jocelyn Olson, Matthew Seltzer and Wendy Wilson Legge continue their term (2004-2006) as executive council members. David Schultz and Richard Murphy are ex officio members of the council.

With Harold LeVander and Allan Klein's terms as council members expiring, a motion was made to nominate Steve Mihalchick and Tom Pursell for the two open positions. The motion was seconded and approved.

Hap LeVander and Allan Klein were thanked for their service as was Eric Swanson for his work as chair of the Section.

There being no further new business, the meeting was adjourned for the CLE program titled, "Handling Complex Administrative Hearings; Legislative and Case Law Update" featuring presenters David Schultz, Jocelyn Olson and Julie Leppink. A summer adjournment will take place with the next meeting to occur on Wednesday, September 28, 2005, at 7:15 a.m. at William Mitchell College of Law, Room 212.

Administrative Law Section
Governing Council Meeting Minutes
William Mitchell College of Law
May 25, 2005
7:30 AM

Attendance
Eric Swanson, David Aafedt, Jocelyn Olson, David Schultz, Betsy Hayes, Wendy Legge, Harold Lavander, and Allan Klein.

Motion made to approve the minutes from the April 27, 2005 meeting; the motion was seconded and adopted.

The most recent MSBA financial report had not arrived at the time of the meeting. Following the meeting, the Financial Report for the month ending April 30, 2005 arrived indicating a balance of $3,464.97.

Jocelyn Olson provided an update on legislative matters noting that a number of the bills that she has been tracking have been rolled in to the State Government Finance Omnibus Bill (H.F. 1481). These include: H.F. 116/S.F. 2114 (Legislative approval required for certain business rules to take effect), H.F. 899/S.F. 1083 (State Auditor authorized to waive certain rules and laws applying to local governmental units and grants board created to fund cooperative efforts in public service delivery), and H.F. 1172/S.F. 1775 (Local government state mandate opt-out provided.) The update also included discussions on the State Departments Appropriations Omnibus bill (S.F. 2266) and the Omnibus Public Safety Finance Bill (H.F. 1/S.F. 2114).

Eric confirmed that the University Club has been secured as the site for the annual meeting and CLE to be held on June 22, 2005. David and Eric agreed to make some additional contacts to formulate the panel for the CLE. In addition to these potential panel members, David Schultz will be providing a case law update and Jocelyn will provide a legislative update. The council also discussed nominations for vacant council positions.

Newsletter

Eric indicated he will follow-up with Richard Murphy to check the status of the survey that had been discussed at an earlier meeting. The council had contemplated conducting a survey to solicit feedback from the membership as to the value of and their interest in the newsletter.

There being no further new business, the meeting adjourned. The next meeting will be the annual meeting and CLE to be held on Wednesday, June 22, 2005 at 7:30 a.m. at the University Club in St. Paul.

Administrative Law Section - Governing Council Meeting Minutes
William Mitchell College of Law
January 26, 2005
7:30 AM

Attendance
Eric Swanson, David Aafedt, Matt Seltzer, Allan Klein, Jocelyn Olson, David Schultz, Harold LeVander and MSBA Liaison Kim Basting.

Motion made to approve the minutes from the December 22, 2004 meeting; the motion was seconded and adopted.

The most recent MSBA financial report had not arrived at the time of the meeting. Following the meeting, the Financial Report for the month ending December 31, 2004 arrived indicating a balance of $3,764.14.

It was reported that the previously discussed legislative proposal that would have altered the ALJ and Workers' Comp judicial appointment process to make all the positions appointments by the Governor has been dropped.

At the next council meeting in February, we will discuss potential CLE's for April and June.

There being no further new business, the meeting adjourned. The next meeting will be held on Wednesday, February 23, 2005 from 7:30 a.m. to 8:00 a.m. in room 212.

Administrative Law Section - Governing Council Meeting Minutes
William Mitchell College of Law
December 22, 2004
7:30 AM

Attendance
Eric Swanson, Betsy Hayes, Matt Seltzer, Allan Klein, Wendy Legge, Jocelyn Olson, Harold LeVander and MSBA Liaison Renee Anderson.

Motion made to approve the minutes from the November 17, 2004 meeting; the motion was seconded and adopted.

Secretary/Treasurer Betsy Hayes reported that the most recent MSBA financial report had not yet arrived. (Note: Following the meeting, the Financial Report for the month ending November 30, 2004 arrived indicating a balance of $3,791.14.)

Legislative Proposal - The group had further discussions on the new legislative proposal that changes the ALJ and Workers' Comp judicial appointment process to make all the positions appointments by the Governor. The chair indicated that he, David Aafedt, Lloyd Grooms and Tim Groshens put together a request for a MSBA position on the legislation, specifically a statement of opposition. Without the language available for review, the MSBA declined to make an opposing statement, but rather provided a more general statement supporting the history and tradition of a strong, independent bench at OAH. As of the date of the meeting, still no proposed language has surfaced. Ward Einess is the contact from the Governor's office on this matter.

Next CLE - The next CLE scheduled for January 26 is coming together. St. Paul Council Member Jay Benanav, State Representative Paul Kohls and the Hon. George Beck from OAH have agreed to present. The title was settled upon as: "Campaign Practices Violations - The New OAH Process." This will be a 1 hour CLE detailing what seems to be working and not working from various perspectives. Eric will work with Renee to get the notices out and OAH will be pulling together some statistical information.

There being no further new business, the meeting adjourned. The next meeting will be held on Wednesday, January 26, 2005 from 7:30 a.m. to 8:00 a.m. with the CLE to follow.

Administrative Law Section - Governing Council Meeting Minutes
William Mitchell College of Law
November 17, 2004
7:30 AM

Attendance
Eric Swanson, David Aafedt, Betsy Hayes, Matt Seltzer, Allan Klein, Richard Murphy, Wendy Legge, Jocelyn Olson, David Schultz and MSBA Liaison Renee Anderson.

Motion made to approve the minutes from the October 27, 2004 meeting; the motion was seconded and adopted.

Secretary/Treasurer Betsy Hayes reported that the most recent MSBA financial report had not yet arrived as reports are not sent out until the end of the month. (Note: Following the meeting, the Financial Report for the month ending October 31, 2004 arrived indicating a balance of $3,882.01.)

Newsletter - Admin law case summaries are welcome for the newsletter (Haiku or otherwise.) Also attempting to get a summary of the recent CLE for inclusion in the newsletter as well.

Legislative Proposal - The chair informed the group about a new legislative proposal that changes the ALJ and Workers' Comp judicial appointment process to make all the positions appointments by the Governor. After discussion and a general feeling of concern about the proposed legislation, a motion was made, seconded and adopted to authorize the chair to work with MSBA lobbyist, Lloyd Grooms, to ensure appropriate action is taken to protect the integrity, independence and level of competence currently displayed by OAH.

Next CLE - The next CLE is planned for January 26 and will be titled something along the lines of: "Addressing Campaign Practices Violations - the New OAH Process."

There being no further new business, the meeting adjourned. The next meeting will be held on Wednesday, December 22, at 7:30 a.m.

Administrative Law Section - Governing Council Meeting Minutes
William Mitchell College of Law
October 27, 2004
7:30 AM

Attendance
Eric Swanson, David Aafedt, Betsy Hayes, Matt Seltzer, Allan Klein, Harold LeVander, Jocelyn Olson, and MSBA Liaison Renee Anderson.

Motion made to approve the minutes from the September 22, 2004 meeting; the motion was seconded and adopted.

Secretary/Treasurer Betsy Hayes reported that the most recent MSBA financial report had not arrived, but that the expected balance was in excess of $3,000. The Chair reported that some funding was spent on additional advertising for the upcoming CLE. (Note: Following the meeting, the Financial Report for the month ending September 30, 2004 arrived indicating a balance of $3,640.67.)

Next CLE - The next CLE is planned for January 26 addressing election law experiences.

There being no further new business, the meeting adjourned. The next meeting will be held on Wednesday, November 17 at 7:30 a.m.

Attendance
Eric Swanson, David Aafedt, Betsy Hayes, Matt Seltzer, Allan Klein, Harold LeVander, Richard Murphy, and MSBA Liaison Renee Anderson.

Motion made to approve the minutes from the June meeting; the motion was seconded and adopted.

Secretary/Treasurer Betsy Hayes reported that the most recent MSBA financial report had not arrived. Based on discussions with the MSBA liaison, the financial reports for the months of July and August are combined into one report and would be available later in the month. (Note: Following the meeting, the Financial Report for the two months ending August 31, 2004 arrived indicating a balance of $3,491.67.)

Membership - Renee Anderson reported that membership remains steady at 147 current members. Those who have not paid dues will be removed, so the October report may show a drop in numbers.

CLE Discussion - The chair had previously asked for ideas with respect to potential CLE presentations. The group identified several prospects including: 1) a case study of the City of Lake Elmo v. Metropolitan Council dispute; 2) immunity law issues and decisions; 3) election law violations; 4) a discussion on proposed findings; 4) a general "nuts and bolts" session; and 5) procurement-related developments. [Note: Following the meeting, arrangements were made to hold the City of Lake Elmo v. Metropolitan Council CLE on Wednesday, October 27, 2004 at WMCL. Dick Nowlin and Tom Pursell of Lindquist & Vennum and Mike Christenson, City of Minneapolis, and Dave Theisen of the Metropolitan Council will be presenting.]

New Governance Structure - Liaison Renee Anderson announced a change to the MSBA governance structure (effective July 1, 2005) involving the addition of representatives from the sections to the assembly. Each section must select one representative by April 1, 2005.

There being no further new business, the meeting adjourned. The next meeting will be held on Wednesday, October 27 at 7:30 a.m. followed by a 1 hour CLE program.

Attendance
Charles Thomas, Eric Swanson, Allan Klein, Richard Murphy, David Schultz, and MSBA Liaison Renee Anderson, as well as section members in attendance for CLE presentation.

Motion made to approve the minutes from the May meeting; the motion was seconded and adopted.

Secretary/Treasurer Eric Swanson reported that the most recent MSBA financial report had not arrived but that the Section continues to operate well in the black, with a balance of approximately $2000. (Note: Following the meeting, the Financial Report through May 31, 2004 was received, indicating a balance of $1889.84.

The Nominating Committee of George Beck, Chair, David Orren and Lloyd Grooms provided the following Nomination Report -

Chair: Eric Swanson
Vice-Chair: David Aafedt
Seretary.-Treasurer: Elizabeth Hayes
Past Chair: Charles Thomas

In addition, Todd Guerrero, Allan Klein, and Harold LeVander are council members with terms expiring in 2005. David Schultz and Richard Murphy (newsletter editor) are ex officio members of the Council.

Motion was made and seconded to approve the Nominating Committee Report and the Motion prevailed.

There being no further new business, Charles Thomas was thanked for his service as Chair for 2003-04 and the meeting adjourned at approximately 7:55 AM for the CLE program.

First Meeting of 2004-05 Governing Council will be held in September. Notice will be sent to all Council members in late August or early September. Have a great summer!

Administrative Law Section - Governing Council Minutes
William Mitchell College of Law
April 28, 2004
7:30 AM

Attendance
Charles Thomas, Wendy Legge, Hap LeVander, Eric Swanson and MSBA Liaison Renee Anderson. Anoka County Attorney Bob Johnson also attended to report on the MSBA's proposed new governance structure.

Motion made to approve the minutes from the March meeting; the motion was seconded and adopted.

Bob Johnson provided a report on the MSBA's proposed new governance structure (handout attached). The structure is designed to streamline governance and provide clearer responsibilities to the various governing bodies while still ensuring broad representation. The matter will be voted on at the June convention.

Secretary/Treasurer Eric Swanson reported that recent MSBA invoices had come due, but that the Section continues to operate well in the black, with a balance as of March 31, 2004 of $1504.31.

Charles Thomas discussed a recent solicitation the Section received from the Department of Employment and Economic Development - Small Business Assistance Office, seeking comment on issues and concerns related to administrative rules. Further information can be found at 28 SR 1272.

The Section will sponsor a CLE on May 26 from 8:00 AM to 9:00 AM at William Mitchell, featuring Lee Nelson, head of legal affairs for unemployment compensation matters for DEED.

The June CLE is also tentatively slated for William Mitchell on June 16 and will feature new Chief ALJ Ray Krause, David Schultz, Richard Murphy and Jocelyn Olson.

Charles Thomas will review the process used last year to nominate Officers and Governing Council members, to be discussed at the May meeting.

The next meeting will be held in Room 227 at William Mitchell at 7:30 AM, to be followed by the CLE with Mr. Nelson.

H.F. 2101/S.F. 2895, Local Government Impact Notes for Proposed Rules; Legislative Approval Required for Specified Rulemaking
(Chief Authors: Rep. Seifert, Pelowski; Sens. Senjem, Jungbauer, Robling, Limmer, LeClair)

Section 1 of the bill (new section 14.112) provides that upon request of the elected governing body of a city, township, county, school district, soil and water conservation district or sanitary district, the Commissioner of Finance must prepare a local fiscal impact and fiscal benefit note on a rule proposed by a state agency. The request must be submitted at least ten days before the rulemaking hearing or, if no hearing is scheduled, at least ten days before the deadline for requesting a hearing. The Commissioner of Finance must estimate the fiscal impact and fiscal benefit of the rule on each category of political subdivision requesting a local impact note. The local impact note must be prepared before the close of the hearing record or, if there is no hearing, before the agency submits the record to the administrative law judge. The Commissioner may require the requesting party to supply information necessary to determine fiscal impact and fiscal benefit, and the Commissioner must consider and comment upon any relevant information submitted by a political subdivision. The Commissioner may bill the requesting party up to $35 per hour for time spent preparing the note. Upon receipt of the request for the note, the Commissioner must give an estimate of the fee to be charged, and the requesting party may withdraw the request. Upon completion of the note, the requesting party must pay the fee in the time and manner requested by the Commissioner. Fees are deposited into the general fund.

Section 2 of the bill (new section 14.127) provides that an agency must determine if the initial or yearly cost of complying with proposed rules will exceed $50,000 for any one business that has less than 100 full-time employees. This determination must be made before the close of the hearing record or, if there is no hearing, before the agency submits the record to the administrative law judge. The administrative law judge must review approve the agency's determination. If the agency determines that the initial or yearly cost exceeds the threshold, or if the administrative law judge disapproves the agency's determination that the cost does not exceed the threshold, the rules may not take effect until the rules are approved by a law enacted after the agency determination or administrative law judge disapproval. This section does not apply if: 1) the administrative law judge approves an agency's determination that the legislature has appropriated money to sufficiently fund the expected cost of the new rule on the business proposed to be regulated by the rule; 2) if the rule has been proposed pursuant to a specific federal statutory or regulatory mandate; or 3) if the rule is adopted under section 14.388 ("good cause" exception) or under another law specifying that the rulemaking procedures of chapter 14 do not apply. If the administrative law judge determines that part of a proposed rule exceeds the threshold, but that a severable portion of a proposed rule does not exceed the threshold, the administrative law judge may provide that the severable portion of the rule that does not exceed the threshold may take effect without legislative approval.

Section 3 of the bill amends section 14.19 (deadline to complete rulemaking) to add that the 180-day deadline to complete rulemaking does not include days during which the rule cannot be adopted because approval of the legislature is required under section 14.127.

Effective date: These sections apply to any rule for which the hearing record has not closed before August 1, 2004, or, if there is no public hearing, for which the agency has not submitted the record to the administrative law judge before August 1, 2004.

In the House: The bill was introduced on February 12, 2004, and referred to the House Committee on Governmental Operations and Veterans Affairs Policy. The bill was heard on February 24, 2004, in that committee. The committee referred the bill to the House State Government Finance Committee with a recommendation to pass. The bill was heard on March 11, 2004 and passed on to Ways and Means with one amendment: in Section 2, "100 full time employees" was changed to "50 full time employees." The Ways and Means committee amended the bill on April 14, 2004 in the following respects: 1) Section 1 was amended to require that a request for a fiscal note be made at least 20 days before the rule hearing or, if no hearing is held, at least 20 days before the deadline for requesting a public hearing; 2) Sections 1 and 2 were both amended to state: "This section does not apply to a rule proposed by the Public Utilities Commission"; 3) Section 2 was amended to require legislative approval of a rule if the initial or yearly cost of complying with a rule will exceed $50,000 for any one statutory or home rule city that has less than 50 full-time employees; 4) Section 2 was amended to state that it does not apply if the governor determines not to delay the implementation of a rule pending legislative approval. The governor may make this determination at any time and must give notice of the determination to the speaker of the House, the president of the Senate and to the public through the State Register; 5) A new Section 4 was added that appropriates $45,000 to the Commissioner of Revenue for fiscal year 2005 to implement this law; and 6) Existing Section 4 was renumbered as Section 5 and the effective dates were amended. Section 1 remains effective August 1, 2004, but Sections 2 and 3 are effective July 1, 2005.

In the Senate: The bill was introduced on March 17, 2004, and referred to the State and Local Government Operations Committee. On March 31, 2004, that Committee passed the bill with an amendment. As amended, the bill provides that the fees collected under section 14.112, subdivision 2 must be deposited in an account in the special revenue fund and are appropriated to the Commissioner of Finance for the purposes of this section. The bill has been referred to the Senate Finance Committee.

H.F. 2168 Common Sense in Writing, Interpreting and Enforcing Rules
(Chief Authors: Rep. Seifert, Pelowski)

This bill requires all employees of the state executive branch and of local units of government to use "common sense when writing, interpreting, and enforcing rules and regulations."

Status: The bill was introduced in the House on February 16, 2004, and referred to the House Committee on Governmental Operations and Veterans Affairs Policy. On March 10, 2003, the Committee amended the bill so that it now states: "All employees of the state executive branch and of local units of government and all members of the legislature must use common sense when writing, interpreting, and enforcing laws, rules, and regulations."

H.F. 2308/S.F. 2486, Exclusions From the Definition of "Rule" Relating to the Commissioner of Corrections and the Minnesota Sex Offender Review Board
(Chief Authors: Reps. Zellers, Meslow; Sens. Kleis, McGinn, Knutson, Ruud and Rosen)

As part of a much larger bill dealing with sex offenders and criminal sexual crimes, this bill amends Minn. Stat. § 14.03, subd. 3 to exclude from the definition of "rule" the following: 1) rules of the Commissioner of Corrections relating to the release, term or conditional release term of inmates of institutions under the Commissioner's control; and 2) criteria and procedures established by the Commissioner of Corrections relating to the operation of the Minnesota Sex Offender Review Board under section 244.0515 and policies and procedures adopted by the Minnesota Sex Offender Review Board.

Status: The bill was introduced in the House on February 19, 2004, and referred to the House Judiciary Policy and Finance Committee. On March 8, 2004, it was re-referred to the House Government Operations and Veterans Affairs Policy Committee. On March 10, 2004, that committee amended the bill to remove the entire section that pertained to Minn. Stat. § 14.03. The bill has been referred to additional committees and has been further amended, but the language pertaining to section 14.03 has not been restored. The bill was introduced in the Senate on March 1, 2004, and referred to the Senate Crime Prevention and Public Safety Committee.

S.F. 2758, Administrative Hearing Office Provisions Modifications
(Chief Author: Sen. Cohen)

Section 1 of the bill changes the current law under which administrative law judges ("ALJs") and workers' compensation judges ("compensation judges") can conduct hearings in each other's subject area. The bill provides that ALJs and compensation judges may only conduct hearings and conferences in the area of their original appointments. The Chief ALJ and Deputy ALJ may only conduct workers' compensation hearings and conferences only if at the time of their appointments they had a demonstrated knowledge of workers' compensation laws.

Section 2 of the bill requires that all salaries and expenses for administrative law judges be allocated to the administrative law division, and that all salaries and compensation for compensation judges be allocated to the workers' compensation division. When acting in an administrative or supervisory capacity, the salaries and expenses for the Chief ALJ and the Deputy ALJ must be allocated between the ALJ division and workers' compensation division on a reasonable basis. When acting as ALJs or compensation judges, the salaries and expenses for the Chief ALJ And the Deputy ALJ must be allocated to the applicable division. The salaries and expenses of clerical and professional staff must be allocated to the division in which they work; if they work in both divisions, there must be an allocation between the two divisions. Judges may not work in both divisions except in an administrative or supervisory capacity. Salaries and expenses allocated to the administrative law division must be paid from the administrative hearings account. Salaries and expenses allocated to the workers' compensation division must be paid from the special compensation fund.

Section 3 of the bill establishes a list of numerical goals for the workers' compensation division. For example, except when actions of the parties cause delays that make it difficult or impossible to this goal, hearings for claim petitions should be held within 12 months of filing the claim petition; settlement conferences should be held within 150 days of the filing of the claim petition, etc. The Chief ALJ must report by January 31 of each year to the chairs of the legislative committees with jurisdiction over state government and workers' compensation policy and finance regarding the ability of the office to meet the goals.

Section 4 of the bill deletes the existing authority of the Chief ALJ to contract with qualified individuals to serve as compensation judges. Instead, the Chief ALJ may appoint a temporary compensation judge only if all regularly appointed compensation judges are disqualified from conducting a hearing for an employee. The temporary compensation judge must b learned in the law and have demonstrated knowledge of workers' compensation law.

Section 5 of the bill provides that only ALJs can be assigned contested cases and only compensation judges may be assigned to workers' compensation matters.

Section 6 of the bill amends Minn. Stat. § 176.306, subdivision 1, to state that, except as provided in this subdivision, workers' compensation hearings must be conducted with the judge, the attorneys, and all witnesses, while testifying, present in the hearing room. If the only issue to be decided is attorney fees, and the employee does not object to the attorney fees, the hearing may be conducted by telephone. If all parties consent, the judge, the attorneys, and the witnesses may participate in the hearing from remote locations with the use of teleconferencing technology. The Chief ALJ must adjust the travel schedule of the judges so that hearings are not delayed if they are held outside of Minneapolis.

Section 7 of the bill appropriates $250,000 in fiscal year 2004 and $750,000 in fiscal year 2004 from the special compensation fund to the Office of Administrative Hearings for additional compensation judges.

Status: The bill was introduced in the Senate on March 11, 2004, and referred to the State and Local Government Operations Committee.

H.F. 2101, Local Government Impact Notes for Proposed Rules; Legislative Approval Required for Specified Rulemaking
(Chief Authors: Rep. Seifert, Pelowski)

Status: The bill was introduced in the House on February 12, 2004, and referred to the House Committee on Governmental Operations and Veterans Affairs Policy. The bill was heard on February 24, 2004, in that committee. The committee referred the bill to the House State Government Finance Committee with a recommendation to pass.

H.F. 2168 Common Sense in Writing, Interpreting and Enforcing Rules
(Chief Authors: Rep. Seifert, Pelowski)

This bill requires all employees of the state executive branch and of local units of government to use "common sense when writing, interpreting, and enforcing rules and regulations."

Status: The bill was introduced in the House on February 16, 2004, and referred to the House Committee on Governmental Operations and Veterans Affairs Policy.

H.F. 2308, Exclusions From the Definition of "Rule" Relating to the Commissioner of Corrections and the Minnesota Sex Offender Review Board
(Chief Authors: Reps. Zellers, Meslow)

Status: The bill was introduced in the House on February 19, 2004, and referred to the Judiciary Policy and Finance Committee

Administrative Law Section
William Mitchell College of Law
February 25, 2004
7:30 AM

Attendance
Charles Thomas, Hap LeVander, Jocelyn Olson, Allan Klein, David Schultz, Richard Murphy, Wendy Legge, Eric Swanson and MSBA Liaison Renee Anderson.

Charles Thomas moved to approve the minutes from the January meeting; the motion was seconded and adopted.

The latest report from the MSBA was not available. Eric Swanson reported that there were no significant expenses to account for and the Section continues to have a balance of approximately $2000. (Note: The report arrived after the meeting and showed a balance as of 1/31/04 $2,180.90.)

Jocelyn Olson noted that a few bills of interest to the Section are being discussed, including:

" H.F. 2101, Local Government Impact Notes for Proposed Rules; Legislative Approval Required for Specified Rulemaking (Chief Authors: Rep. Seifert, Pelowski)

" H.F. 2168 Common Sense in Writing, Interpreting and Enforcing Rules (Chief Authors: Rep. Seifert, Pelowski)

" H.F. 2308, Exclusions From the Definition of "Rule" Relating to the Commissioner of Corrections and the Minnesota Sex Offender Review Board (Chief Authors: Reps. Zellers, Meslow)

Jocelyn subsequently provided a full Legislative Update memo, attached to these minutes.

ALJ Heydinger, Public Utilities Commissioner Reha and Deputy Attorney General Ken Peterson have agreed to speak at the March CLE, "State Agency Approval of Third-Party Settlements: What About the Public Interest?" The speakers will be discussing the role of mediation, what works/what doesn't, and the challenges mediated agreements can present to Agency decision makers, charged with reviewing all agreements and determining whether they are "in the public interest." The program will be held March 24 from Noon to 1:30 PM in Room 327 of the William Mitchell College of Law.

The next Council meeting will be held at 11:30 on March 24, 2004 in Room 327 of the William Mitchell College of Law, immediately prior to the March CLE.

H.F. 2101, Local Government Impact Notes for Proposed Rules; Legislative Approval Required for Specified Rulemaking
(Chief Authors: Rep. Seifert, Pelowski)

H.F. 2168 Common Sense in Writing, Interpreting and Enforcing Rules
(Chief Authors: Rep. Seifert, Pelowski)

This bill requires all employees of the state executive branch and of local units of government to use "common sense when writing, interpreting, and enforcing rules and regulations."

Status: The bill was introduced in the House on February 16, 2004, and referred to the House Committee on Governmental Operations and Veterans Affairs Policy.

H.F. 2308, Exclusions From the Definition of "Rule" Relating to the Commissioner of Corrections and the Minnesota Sex Offender Review Board
(Chief Authors: Reps. Zellers, Meslow)

Status: The bill was introduced in the House on February 19, 2004, and referred to the Judiciary Policy and Finance Committee

Administrative Law Section
William Mitchell College of Law
November 19, 2003
7:35 AM

Attendance
Charles Thomas, Hap LeVander, Jocelyn Olson, Wendy Legge, Allan Klein, and David Schultz. MSBA Renee Anderson had informed Charles Thomas that she was unable to attend because she was to be at the Business Law section meeting.

Charles Thomas moved to approve the minutes from the October meeting; Allen Klein seconded the motion and the motion was adopted.

Treasurer's Report
In the absence of Mr. Swanson, there was no treasurer's report. However, it was noted that the section would realize some income from the well-attended CLE in October.

Legislative Report
Jocelyn Olson indicated that there has been no legislative activity

Allen Klein informed the meeting that the appointment of the new Chief at the Office of Administrative Hearings was likely to occur in the next two weeks or so. The most likely candidate is Bruce Johnson; other candidates include Dave Arnold, Sheryl Ramstad Hvass, and Patty Milun.

The group discussed ideas for future CLE's, and agreed to try to hold the next one in January. Ideas included: (1) Eric Swanson is working with Steve Mihalchik on using modern technology to facilitate contested cases, which might be a connection with the Public Utility Law section. (2) A "show and tell" by OAH, what the judges like and don't like in the presentation of cases; tips from an ALJ, perhaps including Phyllis Reha for a Commissioner's perspective, as well. (3) How does mediation work in administrative law/contested cases; what is persuasive to agencies; how does the agency respond to a recommended decision? (4) In unemployment compensation cases, does the statutory change, eliminating burdens of proof and to hold a non-adversary, evidence gathering hearing, imply a different standard of review at the court of appeals? (5) A review of federal rulemaking issues and developments.

It was also discussed and agreed to circulate these topics via the council email list to continue development of ideas in preparation for the next meeting. The address to use, which will be routed to the current council members, is: adlaw-council@statebar.gen.mn.us.

The next meeting of the Council will be on Wednesday, December 17, 2003, at 7:30 AM, in Room 212 at William Mitchell College of Law.

Administrative Law Section
William Mitchell College of Law
October 22, 2003
7:30 AM

Attendance
Charles Thomas, Hap LeVander, Todd Guerrero, Jocelyn Olson, Wendy Legge, Allan Klein, Kristin Schroeder, Richard Murphy, David Schultz, Eric Swanson and MSBA Liaison Renee Anderson.

Charles Thomas moved to approve the minutes of the September 24, 2003 meeting. Jocelyn Olson seconded the motion and the motion was adopted.

Treasurer's Report
Eric Swanson reported that the section's beginning balance on July 1, 2003 was $320.76. The section had $2,482.92 in revenues for the three months ending September 30, 2003, with the vast majority of that revenue in the form of membership dues. The section incurred $437.97 in expenses, leaving a balance on September 30, 2003 of $2,365.71.

New Business
New Section Coordinator
Charles Thomas stated that Mary Kempton will serve as Section Coordinator. Mary can be reached at 612-278-6305 or mkempton@mnbar.org.

Legislative Report
Jocelyn Olson indicated that there has been no legislative activity on which to report.

CLE Programs
Charles Thomas led a discussion of ideas for future CLEs and potential dates for those programs. The Section did not establish any firm topics.

Newsletter
Richard Murphy encouraged ideas and contributions for the next Section newsletter.

Next Meeting
The Council will meet on November 19, 2003 at 7:30 AM at William Mitchell College of Law.

Administrative Law Section
William Mitchell college of Law
September 24, 2003
7:30 AM

Attendance
Charles Thomas, Hap LeVander, Todd Guerrero, Jocelyn Olson, Wendy Legge, Allan Klein, Kristin Schroeder, Richard Murphy, Eric Swanson and MSBA Liaison Renee Anderson

There being no minutes from the June 2003 meeting, Charles Thomas moved to approve the actions taken at that meeting. Allan Klein seconded the motion and the motion was adopted.

Treasurer’s Report
For the year ended June 30, 2003, the ending balance was $320.76.

New Business
Membership
Charles Thomas discussed section membership levels and distributed information provided by the MSBA on the section membership. As of September 2003, the section has 154 members. A MSBA survey indicates that as many as 888 attorneys may be devoting 10% of their practice to administrative law issues, indicating a potential for growing the membership.

Legislative Report
Jocelyn Olson indicated that there has been no legislative activity in the interim. Charles Thomas noted that any section legislative initiatives for the 2004 session that seek MSBA support must be submitted to the MSBA by November 14, 2003.

CLE Programs
Charles Thomas led a discussion of the planned October CLE on unadopted rules. The Council discussed ideas for the December and February CLEs.

Next Meeting
The Council will meet on October 22, 2003 at 7:30 AM at William Mitchell College of Law, in advance of the October CLE.