SF3606 (Legislative Session 94 (2025-2026))

Administrative hearings provision modification for human rights cases

AI Generated Summary

Purpose

Clarify and modify how hearings are handled for human rights complaints in Minnesota. The bill affects when a commissioner’s determination can be challenged as a contested case, how the hearing process is conducted, who can participate, and where hearings take place. It also strengthens the role of the administrative law judge’s (ALJ) report in the decision-making process.

Main Provisions

  • Contested hearing option: A determination issued by the commissioner may be heard as a contested case. The ALJ’s report is binding on all parties and, if appropriate, can be implemented by an order under the bill’s provisions.
  • Party participation: A party challenging the commissioner’s determination may request to appear at a hearing on their own behalf or through a private attorney.
  • Forwarding to the Office of Administrative Hearings (OAH): The commissioner must decide within 30 days whether to forward the hearing request to the OAH, which will then promptly set a hearing.
  • Hearing location: The hearing must be held at a place designated by the commissioner within the county where the unfair discriminatory practice occurred or where the respondent resides or has a principal place of business.
  • Hearing process and appeals: The hearing is conducted under specified administrative procedures (the relevant sections for hearings and appeals are 14.57 to 14.62 for the hearing and 14.63 to 14.68 for appeals).

Signficant Changes to Law

  • Binding ALJ report: The ALJ’s report becomes binding on all parties, with the potential to be implemented by an order, which marks a shift toward formal, adjudicative review of the commissioner’s determination.
  • Scheduling and venue changes: The process includes a defined timeline (30-day window) for deciding whether to move the matter to OAH and establishes a concrete location rule for where hearings must occur.
  • Expanded access to formal hearing: The bill creates a clearer path for parties to request a formal hearing (including representation by private attorneys) and ensures a timely transition to a formal administrative hearing process if forwarded to OAH.

Practical Impact

  • For individuals or entities facing a commissioner’s determination of unfair discriminatory practice, there is now a formal, binding ALJ review option.
  • The process emphasizes a more formal adjudicatory pathway, with binding ALJ findings and potential orders, rather than a solely executive determination.
  • The hearing process is standardized in terms of timing and location, potentially improving accessibility and consistency.

Terminology to Note

  • unfair discriminatory practice
  • commissioner
  • contested case
  • administrative law judge (ALJ)
  • binding report
  • Office of Administrative Hearings (OAH)
  • order (as provided for in subdivision 3)
  • hearing sections (14.57–14.62)
  • appeal sections (14.63–14.68)
  • Minnesota Statutes 2024 section 363A.29 subdivision 1
  • subdivision 3

Relevant Terms - unfair discriminatory practice - commissioner - contested case - administrative law judge (ALJ) - binding report - Office of Administrative Hearings (OAH) - order - hearing - private attorney - appearance - 30 days - county of occurrence - principal place of business - residence - sections 14.57-14.62 - sections 14.63-14.68 - Minnesota Statutes 2024 section 363A.29 subdivision 1 - subdivision 3

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 17, 2026SenateActionIntroduction and first reading
February 17, 2026SenateActionReferred toJudiciary and Public Safety
February 19, 2026SenateActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References Minnesota Statutes 2024 section 363A.29, subdivision 1 (related to human rights administrative hearings).",
      "modified": []
    },
    "citation": "363A.29",
    "subdivision": "1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.57 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.57",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.58 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.58",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.59 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.59",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.60 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.60",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.61 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.61",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.62 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.62",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.63 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.63",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.64 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.64",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.65 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.65",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.66 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.66",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.67 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.67",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to Minnesota Statutes section 14.68 in relation to hearing procedures.",
      "modified": []
    },
    "citation": "14.68",
    "subdivision": ""
  }
]

Progress through the legislative process

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