Administrative Hearing Request Packet - Minnesota

ADMINISTRATIVE HEARING REQUEST PACKET — MINNESOTA

Hearing Request Cover Letter, Formal Request, Evidence Checklist, and Practice Guide

TABLE OF CONTENTS

1. Hearing Request Cover Letter
2. Formal Request for Administrative Hearing
3. Statement of Issues / Grounds for Hearing
4. Agency Identification
5. Filing Instructions
6. Deadlines and Timeline
7. Discovery and Evidence Rules
8. Pre-Hearing Conference Procedures
9. Hearing Procedures and Rules of Evidence
10. Post-Hearing Briefs and Procedures
11. Appeal Rights from Administrative Decision
12. Document Checklist
13. Practice Tips for Administrative Hearings
14. Sources and References

1. HEARING REQUEST COVER LETTER

[__/__/____]

VIA [HAND DELIVERY / CERTIFIED MAIL / FIRST CLASS MAIL / E-FILING]

[________________________________]
[Agency Name]
[________________________________]
[Agency Division or Bureau]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

Copy to:
Minnesota Office of Administrative Hearings
(Court of Administrative Hearings)
600 North Robert Street
P.O. Box 64620
St. Paul, Minnesota 55164-0620

RE:     Request for Contested Case Hearing
        Petitioner: [________________________________]
        Agency Case/Docket No.: [________________________________]
        Agency Action Date: [__/__/____]
        Type of Action: [________________________________]

Dear [Administrative Law Judge / Agency Commissioner / Hearing Coordinator]:

        Pursuant to the Minnesota Administrative Procedure Act, Minn. Stat.
§ 14.001 et seq., and the contested case hearing provisions at Minn. Stat.
§§ 14.57 through 14.62, the undersigned hereby requests a contested case
hearing to challenge the agency action described above.

        On [__/__/____], the [________________________________] [Agency Name]
issued a [________________________________] [describe: denial, revocation,
suspension, penalty, adverse determination, etc.] regarding
[________________________________] [describe the license, benefit, permit,
right, or other matter at issue]. The Petitioner received notice of this
action on [__/__/____].

        The Petitioner respectfully requests that the Office of
Administrative Hearings assign an Administrative Law Judge (ALJ) and
schedule a contested case hearing to adjudicate the following issues:

        1. [________________________________]
        2. [________________________________]
        3. [________________________________]

        [If applicable:] The Petitioner also requests a stay of the agency
action pending the outcome of the hearing. Enforcement of the agency
action before resolution of the contested case will cause irreparable
harm because [________________________________]. The Petitioner is likely
to succeed on the merits because [________________________________].

        Enclosed with this letter are the following documents:

        1. Formal Request for Contested Case Hearing
        2. Copy of the agency notice/decision being challenged
        3. Statement of Issues and Grounds for Hearing
        4. Supporting exhibits [if permitted at filing stage]
        5. Proof of service upon the agency
        6. [Filing fee / Fee waiver request, if applicable]

        Please confirm receipt of this filing and provide the assigned
docket number and hearing date. Please direct all correspondence
regarding this matter to:

        [________________________________]
        [Attorney/Representative Name]
        [________________________________]
        [Firm/Organization Name]
        [________________________________]
        [Street Address]
        [________________________________]
        [City, State, ZIP Code]
        Telephone: [________________________________]
        Email: [________________________________]
        Attorney License No.: [________________________________]

                                        Respectfully submitted,

                                        ________________________________
                                        [Name]
                                        [Title/Capacity]
                                        Date: [__/__/____]

Enclosures: [____] documents
cc:     [Agency Counsel / Assistant Attorney General]
        [Other Parties]

2. FORMAL REQUEST FOR CONTESTED CASE HEARING

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS (COURT OF ADMINISTRATIVE HEARINGS)

IN THE MATTER OF:

SECTION A: PETITIONER INFORMATION

Full Legal Name: [________________________________]

Mailing Address: [________________________________]

City: [________________________________] State: [____] ZIP: [__________]

Telephone: [________________________________]

Email Address: [________________________________]

Represented by Attorney: ☐ Yes ☐ No

If yes:

• Attorney Name: [________________________________]
• Firm Name: [________________________________]
• Minnesota Attorney License No.: [________________________________]
• Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]

Authorized Representative (non-attorney): ☐ Yes ☐ No

If yes:

• Representative Name: [________________________________]
• Relationship to Petitioner: [________________________________]
• Address: [________________________________]
• Telephone: [________________________________]

SECTION B: AGENCY ACTION BEING CONTESTED

Identify the agency action you are challenging:

☐ Denial of License or Permit Application
☐ Revocation of License or Permit
☐ Suspension of License or Permit
☐ Refusal to Renew License or Permit
☐ Conditional License or Restricted Practice
☐ Imposition of Fine, Penalty, or Civil Penalty
☐ Tax Assessment or Audit Determination
☐ Denial or Termination of Benefits
☐ Reduction of Benefits
☐ Professional Disciplinary Action
☐ Regulatory Enforcement Action
☐ Environmental Enforcement Order
☐ Workers' Compensation Determination
☐ Unemployment Insurance Determination
☐ Other: [________________________________]

Date of Agency Action: [__/__/____]

Date You Received Notice: [__/__/____]

Agency Case or Reference Number: [________________________________]

Describe the agency action in detail:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION C: STATUTORY BASIS FOR HEARING REQUEST

☐ Minn. Stat. § 14.57 et seq. (Minnesota APA - Contested Cases)
☐ Agency-specific statute: [________________________________]
☐ Other statutory authority: [________________________________]

SECTION D: GROUNDS FOR HEARING

State the specific reasons you believe the agency action is incorrect, unlawful, or should be reversed:

1. [________________________________]
   [________________________________]

2. [________________________________]
   [________________________________]

3. [________________________________]
   [________________________________]

4. [________________________________]
   [________________________________]

SECTION E: RELIEF REQUESTED

☐ Reversal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Issuance or renewal of the license/permit applied for
☐ Reinstatement or continuation of benefits
☐ Remand to the agency for further consideration
☐ Stay of the agency action pending hearing
☐ Other: [________________________________]

SECTION F: REQUEST FOR STAY (IF APPLICABLE)

☐ The Petitioner requests that the agency action be stayed pending the outcome of the contested case hearing.

Grounds for Stay:

1. Irreparable harm if the action is not stayed:
   [________________________________]
   [________________________________]

2. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

3. The stay will not substantially harm other parties or the public:
   [________________________________]

4. The public interest supports a stay:
   [________________________________]

SECTION G: HEARING PREFERENCES

Preferred Hearing Format:
☐ In-person hearing
☐ Telephonic hearing
☐ Video conference hearing
☐ No preference

Preferred Hearing Location:
☐ OAH Offices, St. Paul
☐ Agency offices
☐ Other location: [________________________________]

Estimated Duration of Hearing: [________________________________]

Number of Witnesses Petitioner Intends to Call: [____]

Interpreter Required: ☐ Yes (Language: [________________]) ☐ No

ADA Accommodations Required: ☐ Yes (Specify: [________________________________]) ☐ No

SECTION H: VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify under penalty of perjury that the information contained in this Request for Contested Case Hearing is true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________

Print Name: [________________________________]

Date: [__/__/____]

3. STATEMENT OF ISSUES / GROUNDS FOR HEARING

Issue 1: [________________________________]

Factual Basis:
[________________________________]
[________________________________]
[________________________________]

Legal Authority:
[________________________________] [cite Minn. Stat., Minn. R., or agency rule]

Argument:
[________________________________]
[________________________________]
[________________________________]

Issue 2: [________________________________]

Factual Basis:
[________________________________]
[________________________________]
[________________________________]

Legal Authority:
[________________________________]

Argument:
[________________________________]
[________________________________]
[________________________________]

Issue 3: [________________________________]

Factual Basis:
[________________________________]
[________________________________]

Legal Authority:
[________________________________]

Argument:
[________________________________]
[________________________________]

4. AGENCY IDENTIFICATION

Minnesota Office of Administrative Hearings (OAH) / Court of Administrative Hearings (CAH)

The Minnesota Office of Administrative Hearings (OAH) is an independent agency that provides Administrative Law Judges (ALJs) to conduct contested case hearings, rulemaking proceedings, and other administrative proceedings for state agencies. The OAH was established under Minn. Stat. § 14.48 et seq.

Note: Effective with the 2026 Statutes, the Office of Administrative Hearings is being renamed the Court of Administrative Hearings (CAH). Both names may be used during the transition period.

OAH / CAH Contact Information:

How Contested Cases Reach OAH

1. The agency takes an adverse action against a party
2. The affected party requests a hearing (files with the agency)
3. The agency refers the matter to OAH
4. OAH assigns an ALJ to the case
5. The ALJ issues a Prehearing Order and Notice of Hearing
6. After the ALJ is assigned, all subsequent filings must be made with OAH

Common Agencies Using OAH

Key OAH Forms

5. FILING INSTRUCTIONS

Where to File

Step 1: File hearing request with the AGENCY that took the adverse action.
The initial request for a contested case hearing is filed with the agency, not directly with OAH. The agency then refers the case to OAH.

Step 2: After ALJ assignment, file all subsequent documents with OAH.
Once OAH assigns an ALJ, all further filings (notice of appearance, motions, exhibits, etc.) must be filed with OAH.

OAH Filing Address:
Office of Administrative Hearings
600 North Robert Street
P.O. Box 64620
St. Paul, Minnesota 55164-0620

Filing Methods

Notice of Appearance

After the ALJ is assigned and the case is referred to OAH, you will receive a Prehearing Order that includes a Notice of Appearance form. You must:

☐ Complete the Notice of Appearance form
☐ File it with OAH (by e-filing or mail) within 20 days of receiving it
☐ Send a copy to the other party/parties
☐ Failure to file may result in default — everything the other side says may be taken as true

Service Requirements

☐ Serve a copy of all filings on all other parties
☐ File proof of service with OAH
☐ Retain copies of all filed documents
☐ Service may be by mail, hand delivery, fax, or e-filing (as permitted)

6. DEADLINES AND TIMELINE

Filing Deadlines

The deadline to request a contested case hearing depends on the type of agency action and the governing statute:

CRITICAL: Always check the specific deadline stated in the agency's notice of adverse action. Failure to file within the prescribed period may permanently waive the right to a hearing.

Notice of Appearance Deadline

After the case is referred to OAH and the ALJ issues a Prehearing Order, each party must file a Notice of Appearance within 20 days of receipt.

Hearing Scheduling Timeline

Rescheduling Requests

Written rescheduling requests must be submitted to OAH at least 5 days before the hearing date (when possible). Include:

☐ Case name and OAH docket number
☐ Reason for rescheduling
☐ Whether the other party consents
☐ Proposed alternative dates
☐ Signature

Warning: Failure to appear at a hearing without prior rescheduling may result in default — the ALJ may accept the other party's evidence as true and issue a decision against you.

7. DISCOVERY AND EVIDENCE RULES IN ADMINISTRATIVE PROCEEDINGS

Statutory and Rule Authority

Discovery in Minnesota contested cases is governed by Minn. Stat. § 14.58 and Minn. R. 1400.5550.

Discovery as of Right

Under Minn. R. 1400.5550, certain limited discovery is available as a matter of right:

☐ Document requests — parties may request copies of relevant documents
☐ Witness lists — parties may request the names and addresses of witnesses
☐ Exhibit lists — parties may request identification of exhibits to be offered

Discretionary Discovery

Additional discovery equal to that available under the Minnesota Rules of Civil Procedure may be granted at the ALJ's discretion. This may include:

☐ Interrogatories
☐ Depositions
☐ Requests for admission
☐ Requests for production of documents beyond what is available as of right
☐ Physical or mental examinations (in appropriate cases)

Burden on Moving Party: If the party from whom discovery is sought objects, the party seeking discovery must bring a motion before the ALJ and demonstrate that:

• The discovery is needed for the proper presentation of the party's case
• The discovery is not sought for purposes of delay
• The issues or amounts in controversy are significant enough to warrant the discovery

Subpoena Procedures

• Subpoenas may be requested using the OAH Subpoena Request Form
• Subpoenas are issued by the ALJ
• Types of subpoenas:
• Subpoena ad testificandum — compelling witness attendance
• Subpoena duces tecum — compelling production of documents
• Subpoenas are enforceable through District Court
• Witness fees and mileage must be tendered in accordance with Minn. Stat. § 357.22

Evidence Exchange

Per the Prehearing Order:

• Parties must exchange evidence by the deadline set by the ALJ
• Parties must provide a list of witnesses they intend to call, with a brief description of expected testimony
• Late-disclosed evidence or witnesses may be excluded at the ALJ's discretion
• Deadlines are typically set 10-20 days before the hearing

Sanctions for Failure to Make Discovery

Under Minn. R. 1400.5550, the ALJ may impose sanctions for failure to comply with discovery obligations, including:

• Prohibiting introduction of evidence
• Drawing adverse inferences
• Striking pleadings
• Dismissal or default

8. PRE-HEARING CONFERENCE PROCEDURES

Purpose and Authority (Minn. R. 1400.6200)

The ALJ may schedule a pre-hearing conference to:

☐ Identify and narrow the issues in dispute
☐ Establish discovery and evidence exchange schedules
☐ Determine witnesses and exhibit lists
☐ Discuss stipulations of fact or law
☐ Address procedural motions
☐ Discuss settlement options, including mediation
☐ Set deadlines for pre-hearing submissions
☐ Clarify legal standards and burdens of proof
☐ Address hearing logistics (format, duration, location)

Pre-Hearing Conference Procedures

• The ALJ may schedule a conference on the ALJ's own initiative or at the request of any party
• Conferences may be conducted in person, by telephone, or by video
• All parties or their representatives must attend
• The ALJ issues a written pre-hearing order summarizing the conference
• Failure to appear at a pre-hearing conference may result in default — the ALJ may accept the other party's statements as true

Mediation and Settlement

• The ALJ may discuss settlement at the pre-hearing conference
• OAH provides mediation services for contested cases
• Settlement discussions are confidential and without prejudice
• Settlement may be reached at any time before the ALJ issues a decision
• Any settlement must be memorialized in a written consent order

Pre-Hearing Submissions (As Required by Prehearing Order)

☐ Pre-hearing memorandum of law
☐ Witness list with brief descriptions of expected testimony
☐ Exhibit list with copies of all documentary evidence
☐ Statement of stipulated facts
☐ Motions in limine (to exclude evidence)
☐ Estimated duration of hearing
☐ Pre-hearing brief on contested legal issues

9. HEARING PROCEDURES AND RULES OF EVIDENCE

Hearing Format

Under Minn. Stat. §§ 14.57-14.62 and Minn. R. 1400.5100-1400.8612:

Hearing Location: Hearings are typically held at the OAH offices at 600 North Robert Street, St. Paul, or at the agency offices, or by telephone or video conference as determined by the ALJ.

Order of Proceedings

1. Opening of Record: ALJ opens the hearing, identifies parties and representatives, and addresses preliminary matters
2. Opening Statements: Each party provides a brief outline of what they believe the evidence will show
3. Presentation of Evidence — Agency's Case:
   - The agency proposing the action typically presents its case first
   - Direct examination of agency witnesses
   - Cross-examination by petitioner or counsel
   - Redirect examination (if any)
   - Introduction of documentary exhibits
4. Presentation of Evidence — Petitioner's Case:
   - Direct examination of petitioner's witnesses
   - Cross-examination by agency counsel (Assistant Attorney General)
   - Redirect examination (if any)
   - Introduction of documentary exhibits
5. Rebuttal Evidence (at ALJ's discretion)
6. Closing Arguments: Each party summarizes the facts, identifies the applicable law, and explains how the law applies to the facts
7. Close of Record: The ALJ specifies the record close date

Rules of Evidence (Minn. Stat. § 14.58; Minn. R. 1400.7150)

• Administrative hearings follow relaxed rules of evidence
• The ALJ admits all evidence that is relevant
• The ALJ refuses privileged evidence (e.g., attorney-client communications, physician-patient communications)
• Hearsay is admissible but may be given less weight than direct testimony
• The ALJ may exclude evidence that is irrelevant, immaterial, or unduly repetitious
• Documentary evidence may be received as copies or excerpts
• The ALJ may take official notice of facts that are judicially noticeable or within the agency's specialized knowledge, with opportunity for parties to contest

Burden of Proof

• The agency proposing an action usually bears the burden of proving the facts essential to the claim
• In licensing cases, the agency must prove grounds for denial, suspension, or revocation
• In benefit cases, the agency bears the burden of justifying a denial or reduction
• The standard of proof is generally preponderance of the evidence unless a statute specifies otherwise
• In some professional discipline cases, a clear and convincing evidence standard may apply

Witness Testimony

• All witnesses testify under oath or affirmation
• Testimony must be based on personal knowledge
• Witnesses are subject to direct examination, cross-examination, and redirect
• The ALJ may question witnesses directly
• Expert testimony is permitted on technical or specialized matters
• Witness credibility is assessed by the ALJ

Recording of Proceedings

• OAH records all contested case hearings
• The recording and all exhibits constitute the official record (Minn. Stat. § 14.60)
• Parties may request a transcript at their own expense
• A transcript is required for judicial review

10. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Submissions

The ALJ may permit or require post-hearing submissions:

☐ Post-hearing brief / memorandum of law deadline: [__/__/____]
☐ Reply brief deadline: [__/__/____] (if permitted)
☐ Proposed findings of fact and conclusions of law
☐ Post-hearing exhibit submissions (only with ALJ permission)
☐ Written closing argument (if oral closing was waived)

Record Close Date

• The ALJ specifies the record close date at the hearing or in a post-hearing order
• No evidence or filings may be submitted after the record closes, unless the ALJ grants an extension for good cause
• The ALJ's decision is typically issued approximately 30 days after the record close date

Types of Decisions (Minn. Stat. § 14.59)

ALJ Report (Recommended Decision):

• In most contested cases, the ALJ issues a written report (recommended decision) to the agency
• The report includes:
• Findings of fact
• Conclusions of law
• Recommended disposition
• The report is served on all parties

Exceptions to ALJ Report:

• Any party adversely affected by the ALJ's report may file exceptions with the agency
• Exceptions must identify specific findings of fact or conclusions of law that are contested
• The party must be given an opportunity to present the case to a majority of agency board members
• The agency considers the ALJ's report, the exceptions, and the record before issuing a final agency decision

Final Agency Decision:

• The agency (board, commissioner, or agency head) issues the final decision
• The agency may accept, reject, or modify the ALJ's recommended findings and conclusions
• If the agency departs from the ALJ's findings of fact, the agency must explain its reasons in writing
• The final decision must include findings of fact, conclusions of law, the disposition, and a statement of appeal rights

ALJ Final Order:

• In some statutory frameworks, the ALJ issues a final order that is not a recommendation
• Final orders are directly appealable to the Minnesota Court of Appeals

Rehearing and Reconsideration

Under Minn. Stat. § 14.59 and Minn. R. 1400.8612:

• A party may petition the agency for rehearing or reconsideration within 10 days of the agency's order

• Grounds include:
  ☐ Newly discovered evidence
  ☐ Error of fact or law
  ☐ Procedural irregularity

• The agency may grant or deny the petition

• Filing a petition may toll the time for judicial review

11. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review — Minn. Stat. § 14.63 through 14.69

Who May Appeal:
Any person aggrieved by a final agency decision in a contested case is entitled to judicial review.

Where to Appeal:
A petition for judicial review (writ of certiorari) is filed with the Minnesota Court of Appeals (Minn. Stat. § 14.63).

Filing Deadline:
The petition for writ of certiorari must be filed within 30 days of the party's receipt of the final agency decision. If a petition for rehearing was filed, the 30-day period runs from the date of the agency's order on the rehearing petition.

How to File:

• File a petition for writ of certiorari with the Minnesota Court of Appeals
• Serve the petition on the agency
• The agency must certify and transmit the record to the Court of Appeals
• The petitioner must pay the required court filing fee

Standard of Review (Minn. Stat. § 14.69)

The Court of Appeals may reverse or modify the agency decision if:

☐ The agency's findings, inferences, conclusions, or decisions are in violation of constitutional provisions
☐ The agency has acted in excess of its statutory authority or jurisdiction
☐ The agency has made its findings, inferences, conclusions, or decisions upon unlawful procedure
☐ The agency's action is affected by other error of law
☐ The agency's findings of fact are unsupported by substantial evidence in view of the entire record
☐ The agency's findings, inferences, conclusions, or decisions are arbitrary or capricious

"Substantial evidence" means:

• Such relevant evidence as a reasonable mind might accept as adequate to support a conclusion
• More than a scintilla of evidence
• The court reviews the entire record, including evidence that detracts from the agency's findings

Scope of Review

• Review is generally confined to the administrative record
• The court does not make new findings of fact
• The court gives deference to the agency's expertise on factual matters within the agency's area of specialization
• Questions of law are reviewed de novo (without deference)
• Mixed questions of law and fact are reviewed on a case-by-case basis

Appeal from Court of Appeals

A party may petition the Minnesota Supreme Court for further review by filing a petition for review within 30 days of the Court of Appeals decision.

12. DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Obtained and reviewed the agency's adverse action notice
☐ Identified the applicable filing deadline
☐ Confirmed the correct filing location (agency, not OAH for initial request)
☐ Determined whether a specific form is required
☐ Identified the statutory provision authorizing the hearing
☐ Prepared the hearing request cover letter
☐ Completed the formal request for hearing
☐ Prepared the statement of issues and grounds
☐ Gathered supporting documentation
☐ Made copies of all documents
☐ Prepared proof of service
☐ Retained copies of all filed documents

Filing Package Contents

☐ Cover letter with case identification
☐ Formal request for contested case hearing (signed and dated)
☐ Agency-specific hearing request form (if required)
☐ Copy of the agency notice or decision being challenged
☐ Statement of issues / grounds for hearing
☐ Supporting exhibits and evidence list (if permitted at filing)
☐ Request for stay of agency action (if applicable)
☐ Proof of service on agency counsel or designated official
☐ Notice of appearance for attorney or representative (for OAH filing after referral)

Post-Referral to OAH Checklist

☐ Received Prehearing Order from ALJ
☐ Completed and filed Notice of Appearance within 20 days
☐ Sent Notice of Appearance to opposing party
☐ Reviewed Prehearing Order for all deadlines
☐ Requested discovery (if needed)
☐ Filed subpoena requests using OAH Subpoena Request Form
☐ Tendered witness fees and mileage
☐ Exchanged evidence and exhibit lists by Prehearing Order deadline
☐ Exchanged witness lists by Prehearing Order deadline
☐ Filed pre-hearing motions by Prehearing Order deadline
☐ Attended pre-hearing conference (if scheduled)

Hearing Day Checklist

☐ Brought copies of all exhibits (organized and tabbed)
☐ Brought copies of Prehearing Order and Notice of Hearing
☐ Brought copies of applicable statutes and rules
☐ Prepared opening statement and closing argument outlines
☐ Confirmed attendance of all witnesses
☐ Arranged for interpreter or ADA accommodations (if needed)
☐ Brought note-taking materials
☐ Arrived at least 15 minutes early

Post-Hearing Checklist

☐ Filed post-hearing brief within deadline (if required or permitted)
☐ Filed proposed findings of fact and conclusions of law (if required)
☐ Received ALJ report (recommended decision)
☐ Filed exceptions to ALJ report (if applicable)
☐ Presented case to agency board members (if exceptions filed)
☐ Received final agency decision
☐ Calculated deadline for judicial review (30 days from receipt)
☐ Filed petition for writ of certiorari with Court of Appeals (if appealing)
☐ Served petition on the agency
☐ Ordered hearing transcript
☐ Paid court filing fee

13. PRACTICE TIPS FOR ADMINISTRATIVE HEARINGS

Before Filing

1. Read the agency notice carefully. The notice should specify the deadline, filing location, and any required forms. Do not assume you have 30 days — deadlines vary by agency and program.

2. File your hearing request with the AGENCY, not OAH. A common mistake is filing directly with OAH. The agency must first refer the case. File with the agency as instructed in the adverse action notice.

3. Preserve all records. Immediately preserve all documents, correspondence, emails, and agency communications related to the adverse action. Do not discard or alter any records.

4. Consider whether you need an attorney. While you have the right to represent yourself, contested case hearings can be complex. Professional licenses, large financial stakes, or multi-day hearings strongly favor attorney representation.

5. Contact legal aid if you cannot afford an attorney. Minnesota has robust legal aid organizations that may assist in administrative cases involving benefits, housing, and consumer protection.

After Referral to OAH

6. File your Notice of Appearance within 20 days. This is critical. If you fail to file the Notice of Appearance within 20 days of receiving the Prehearing Order, the ALJ may enter a default against you, meaning the other side's allegations are taken as true.

7. Read the Prehearing Order thoroughly. The Prehearing Order is the roadmap for the case. It sets all deadlines for discovery, evidence exchange, witness lists, and motions. Calendar every deadline immediately.

8. Use discovery strategically. Limited discovery is available as of right (document and witness lists). If you need more extensive discovery (depositions, interrogatories), file a motion with the ALJ and demonstrate the need.

9. Comply with all deadlines. The ALJ takes deadlines seriously. Failure to exchange evidence or witness lists by the deadline may result in exclusion of your evidence or witnesses.

Preparing for the Hearing

10. Organize your exhibits systematically. Number or letter each exhibit. Create a master exhibit list. Prepare exhibit binders with tabs for the ALJ, opposing counsel, and yourself.

11. Prepare your witnesses. Review testimony with each witness. Ensure witnesses understand the oath, direct examination, and cross-examination process. Remind witnesses to answer only the question asked and to testify truthfully from personal knowledge.

12. Research the applicable law. Review the specific Minn. Stat. provisions and Minn. R. rules governing the agency's action. Identify the burden of proof and standard of evidence. Be prepared to cite authority during closing argument.

13. Prepare opening and closing outlines. Opening statements should be brief — tell the ALJ what the evidence will show. Closing arguments should tie the evidence to the law and explain why you should prevail.

At the Hearing

14. Arrive early and be prepared. Have all materials organized. Know the order in which you will present witnesses and exhibits.

15. Be professional and respectful. Address the ALJ as "Judge" or "Your Honor." Be courteous to agency counsel and witnesses. Do not interrupt.

16. Build the record. Everything important must be on the record. If a document is critical, introduce it as an exhibit and have a witness explain its significance. If testimony is important, ensure it is stated clearly and completely.

17. Make clear, concise objections. Object promptly when improper evidence is offered. State the basis (relevance, privilege, hearsay). Do not argue at length — the ALJ will rule.

18. Take detailed notes. Record the testimony of each witness, the ALJ's rulings, and any statements that may be important for post-hearing submissions or appeal.

After the Hearing

19. Submit post-hearing briefs on time. If the ALJ permits or requires written submissions after the hearing, file them by the deadline. A well-crafted post-hearing brief can be decisive.

20. Review the ALJ's report carefully. If the ALJ issues a recommended decision, identify any errors of fact or law. File exceptions if you disagree with specific findings or conclusions.

21. Present your case to the agency board. If you filed exceptions, you are entitled to present your case to a majority of the board members. Prepare a clear, focused presentation highlighting the ALJ's errors.

22. Do not miss the appeal deadline. The 30-day deadline to file a petition for writ of certiorari with the Court of Appeals runs from the date you receive the final agency decision. Act immediately if you intend to appeal.

14. SOURCES AND REFERENCES

Statutes

• Minnesota Administrative Procedure Act — Minn. Stat. ch. 14
• Contested Case Procedures — Minn. Stat. §§ 14.57-14.62
• Judicial Review — Minn. Stat. §§ 14.63-14.69
• Office of Administrative Hearings — Minn. Stat. §§ 14.48-14.56

Rules

• OAH Contested Case Rules — Minn. R. 1400.5100 through 1400.8612
• Discovery — Minn. R. 1400.5550
• Pre-Hearing Conference — Minn. R. 1400.6200
• Evidence — Minn. R. 1400.7150
• Decisions — Minn. R. 1400.7600

OAH / CAH Resources

• OAH Website: https://mn.gov/oah/
• Contested Case Hearing Guide: https://mn.gov/oah/self-help/administrative-law-overview/contested-case-hearing-guide.jsp
• Self-Help Resources: https://mn.gov/oah/self-help/
• Forms and Filing: Check OAH website for current e-filing procedures

Educational Resources

• Mitchell Hamline School of Law — Minnesota Administrative Procedure: https://mitchellhamline.edu/minnesota-administrative-procedure/
• University of Minnesota Law Library — Administrative Law Research Guide: https://libguides.law.umn.edu/minnesotalegalresearch/administrative-law
• Minnesota Revisor of Statutes: https://www.revisor.mn.gov/statutes/cite/14

Legal Aid Resources

• Legal Aid State Support: https://www.mnlegalaid.org
• Volunteer Lawyers Network: https://www.vlnmn.org
• Mid-Minnesota Legal Aid: https://mylegalaid.org
• Southern Minnesota Regional Legal Services (SMRLS): https://www.smrls.org
• LawHelpMN: https://www.lawhelpmn.org

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary by agency, case type, and applicable statute. All deadlines, forms, and procedures should be verified with the specific agency and the Office of Administrative Hearings before filing. The OAH name transition to Court of Administrative Hearings (CAH) may affect certain references. This template must be reviewed and customized by a qualified attorney licensed in Minnesota before use.

Last updated: 2026-03-07