Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION (ADMINISTRATIVE AGENCY)

State of Minnesota — Minnesota Administrative Procedure Act (Minn. Stat. ch. 14)

CRITICAL DEADLINE AND PROCEDURAL NOTICE — READ BEFORE FILING

Reconsideration tolling rule: If a request for reconsideration is made within 10 days after the decision and order of the agency, the 30-day period for filing a petition for writ of certiorari under Minn. Stat. § 14.63 does not begin to run until service of the order finally disposing of the reconsideration application. This is a critical protection — but the request MUST be filed within 10 days.

Judicial review deadline under Minn. Stat. § 14.63: A petition for writ of certiorari must be filed with the Minnesota Court of Appeals within 30 days after the party has received the final decision and order of the agency, or within 30 days after service of the order disposing of the reconsideration request if one was timely filed.

Minnesota Office of Administrative Hearings (OAH): Many contested cases are heard by OAH administrative law judges (ALJs) who issue reports to the agency. The agency then makes the final decision. Reconsideration is sought from the agency — not from OAH — unless the agency's rules direct otherwise.

Important: Minnesota's APA does not contain a detailed statutory framework for reconsideration. The right to reconsideration and the applicable procedure depends on each agency's rules. However, the 10-day tolling provision described above applies broadly to contested cases under chapter 14.

Shorter or different deadlines may apply for specific types of proceedings (e.g., workers' compensation, unemployment, human rights). Always check the specific agency's governing statute and rules.

ABOUT THIS DOCUMENT

This Petition for Reconsideration is a formal request to a Minnesota state administrative agency to reconsider, modify, or vacate its final decision or order in a contested case. It is filed with the agency and is the final administrative step before seeking judicial review in the Minnesota Court of Appeals.

Common Minnesota agencies where this petition may be used:

• Minnesota Department of Health (MDH) — health facility licensing, enforcement
• Minnesota Department of Human Services (DHS) — public benefits, licensing, child welfare
• Minnesota Department of Commerce — insurance, banking, financial regulation
• Minnesota Pollution Control Agency (MPCA) — environmental permits, enforcement
• Minnesota Department of Natural Resources (DNR) — natural resources permits, regulation
• Minnesota Department of Labor and Industry (DLI) — workers' compensation, occupational safety
• Minnesota Department of Employment and Economic Development (DEED) — unemployment insurance
• Minnesota Board of Medical Practice — physician licensing
• Minnesota Board of Nursing — nursing licensing
• Minnesota Department of Education — education regulatory matters
• Minnesota Public Utilities Commission (PUC) — utility regulation
• Minnesota Department of Revenue — tax assessments
• Minnesota Human Rights Department — discrimination complaints
• Various professional licensing boards under the Minnesota Health Licensing Boards

GROUNDS FOR RECONSIDERATION CHECKLIST

(Grounds commonly recognized under Minnesota administrative law and Minn. Stat. § 14.69)

Check all grounds that apply:

☐ Error of Law — The agency misapplied or misinterpreted a statute, regulation, or controlling legal standard, including the burden of proof or evidentiary standard

☐ Error of Fact / Unsupported by Substantial Evidence — The agency's findings of fact are unsupported by substantial evidence in view of the entire record as submitted (Minn. Stat. § 14.69(e))

☐ Newly Discovered Evidence — Material evidence has been discovered that was not available and could not reasonably have been discovered or presented at the hearing, even with due diligence

☐ Agency Exceeded Its Statutory Authority — The agency's decision is in excess of the statutory authority or jurisdiction of the agency (Minn. Stat. § 14.69(a))

☐ Decision Is Arbitrary or Capricious — The decision represents the agency's will and not its judgment, or is otherwise arbitrary or capricious (Minn. Stat. § 14.69(f))

☐ Procedural Error / Denial of Due Process — A material procedural defect occurred that violated Petitioner's rights under the Minnesota APA or constitutional due process (Minn. Stat. § 14.69(b)-(c))

☐ Constitutional Violation — The decision or the underlying statute/rule violates the Minnesota Constitution or the United States Constitution (Minn. Stat. § 14.69(a))

☐ Not Made Upon Lawful Procedure — The procedure followed in reaching the decision was not in conformity with the provisions of Minn. Stat. ch. 14 (Minn. Stat. § 14.69(b))

☐ Affected by Other Error of Law — The decision is affected by an error of law not otherwise specified (Minn. Stat. § 14.69(d))

☐ Penalty or Sanction Is Disproportionate — The penalty or sanction imposed is excessive in relation to the violation, inconsistent with agency guidelines, or contrary to prior precedent

☐ Other: [________________________________]

PETITION FOR RECONSIDERATION

BEFORE THE [________________________________]
STATE OF MINNESOTA

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in Underlying Proceeding)

Agency Case/Docket No.: [________________________________]

OAH Docket No. (if applicable): [________________________________]

Decision/Order Reference: [________________________________]

Date Decision Was Served: [__/__/____]

PETITION FOR RECONSIDERATION OF AGENCY DECISION AND ORDER

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Petitioner:

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MN [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
License/Registration No. (if applicable): [________________________________]
Minnesota Business Entity Type (if applicable): [________________________________]

1.2 Petitioner's Legal Counsel:

Attorney Name: [________________________________]
Minnesota Attorney Registration No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MN [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Board/Bureau (if applicable): [________________________________]
Commissioner/Director: [________________________________]
Clerk/Docket Contact: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MN [____]

1.4 Other Parties of Record:

Name: [________________________________] Role (e.g., Complainant, Intervenor): [________________________________]
Address: [________________________________]

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory and Regulatory Basis:

This Petition for Reconsideration is filed pursuant to the agency's reconsideration rules at [________________________________] (cite agency-specific rule) and pursuant to the general provisions of the Minnesota Administrative Procedure Act, Minn. Stat. ch. 14. Petitioner is a party to the above-captioned contested case and requests that the agency reconsider its decision on the grounds stated herein.

2.2 Timeliness — 10-Day Tolling Requirement:

The agency's decision and order was served on Petitioner on: [__/__/____]

This Petition is filed on: [__/__/____], which is within 10 days of service of the decision and order.

☐ This Petition is timely filed within 10 days of service of the agency's decision, thereby tolling the 30-day judicial review period under Minn. Stat. § 14.63 until service of the order disposing of this reconsideration request.

2.3 Effect on Judicial Review Deadline:

Under Minn. Stat. § 14.63, a petition for writ of certiorari must be filed with the Minnesota Court of Appeals within 30 days after the party receives the final decision. Because this reconsideration request was filed within 10 days:

☐ The 30-day period for judicial review is tolled and will not begin to run until service of the order finally disposing of this reconsideration application.

2.4 Agency-Specific Reconsideration Rules:

Agency rule authorizing reconsideration: [________________________________]
Minnesota Rules cite: [________________________________]
Additional time limitations or requirements: [________________________________]

SECTION 3 — DESCRIPTION OF CHALLENGED DECISION

3.1 Identification of Decision:

Title of Final Decision/Order: [________________________________]
Decision/Order Number: [________________________________]
Date Decision Issued: [__/__/____]
Date Decision Served on Petitioner: [__/__/____]

OAH ALJ who heard the case (if applicable): [________________________________]
OAH Report date: [__/__/____]
Agency decision-maker: [________________________________]

☐ Agency adopted OAH ALJ's findings and recommendation without modification
☐ Agency modified OAH ALJ's findings or recommendation (describe below)
☐ Agency rejected OAH ALJ's recommendation and decided the case itself
☐ No OAH involvement — agency decided directly

Description of modification or rejection (if applicable): [________________________________]
[________________________________]

3.2 Nature of the Proceeding:

☐ Professional license denial, suspension, revocation, probation, or non-renewal
☐ Civil penalty or fine
☐ Environmental enforcement action or permit denial (MPCA)
☐ Public benefits denial or reduction (DHS)
☐ Unemployment insurance determination (DEED)
☐ Health facility licensing action (MDH)
☐ Insurance or financial regulatory action (Commerce)
☐ Tax assessment or deficiency (Revenue)
☐ Workers' compensation dispute (DLI)
☐ Public utility regulatory matter (PUC)
☐ Human rights/discrimination complaint
☐ Other: [________________________________]

3.3 Summary of Challenged Decision:

[Describe precisely what the agency found and ordered. Include specific violations found, penalties imposed, license actions taken, and what portions of the decision are being challenged. Cite to page and paragraph numbers.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION 4 — PROCEDURAL HISTORY

4.1 Initiation of Proceeding:

Date of initial agency action or notice: [__/__/____]
Title of initial pleading/notice: [________________________________]
Initiating party: [________________________________]

4.2 Pre-Hearing Proceedings:

Notice of and Order for Hearing: [__/__/____]
Prehearing Conference: [__/__/____]
Discovery: ☐ Yes ☐ No Description: [________________________________]
Motions filed: [________________________________]

4.3 OAH Hearing (if applicable):

Hearing date(s): [__/__/____] through [__/__/____]
OAH ALJ: [________________________________]
Location: [________________________________]

Witnesses for Petitioner:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]
3. [________________________________] Subject: [________________________________]

Witnesses for Agency:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]

Exhibits admitted:

• Agency Exhibits: [________________________________]
• Petitioner Exhibits: [________________________________]

4.4 OAH Report/Recommendation (if applicable):

OAH ALJ issued report on: [__/__/____]
Key findings and recommendation: [________________________________]

4.5 Agency Final Decision:

Agency issued final decision and order on: [__/__/____]
Decision served on Petitioner on: [__/__/____]

SECTION 5 — STATEMENT OF FACTS

5.1 Background and Context:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.2 Specific Factual Errors or Omissions in the Decision:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.3 Facts Supporting Ground 1 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.4 Facts Supporting Ground 2 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]

5.5 Newly Discovered Evidence (if applicable):

Description of new evidence: [________________________________]
Date discovered: [__/__/____]
Why not available before or during hearing despite diligence: [________________________________]
How this evidence would have materially affected the outcome: [________________________________]

SECTION 6 — GROUNDS FOR RECONSIDERATION AND LEGAL ARGUMENT

Ground 1: [________________________________]

Specific Error in the Decision:

[Identify the precise finding of fact, conclusion of law, or penalty determination that is erroneous. Cite the page and paragraph of the agency's decision.]

[________________________________]
[________________________________]
[________________________________]

Legal Standard:

[State the applicable standard. Under Minn. Stat. § 14.69, the court shall reverse or modify the agency decision if the substantial rights of the petitioner may have been prejudiced because the finding, conclusion, or decision is: (a) in violation of constitutional provisions; (b) in excess of the statutory authority or jurisdiction of the agency; (c) made upon unlawful procedure; (d) affected by other error of law; (e) unsupported by substantial evidence in view of the entire record; or (f) arbitrary or capricious.]

[________________________________]
[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• Minnesota Statute: [________________________________]
• Minnesota Rules: [________________________________]
• Case Law: [________________________________]
• Agency Precedent: [________________________________]

Ground 2: [________________________________]

Specific Error:

[________________________________]
[________________________________]

Legal Standard:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]
• [________________________________]

Ground 3 (if applicable): [________________________________]

Specific Error:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 7 — RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ Vacate the Decision and Order in its entirety and dismiss the proceeding

☐ Modify the Decision and Order as follows: [________________________________]

☐ Remand to OAH for a new or supplemental hearing on the following issues: [________________________________]

☐ Reopen the record to receive newly discovered evidence described herein

☐ Reduce the penalty from [________________________________] to [________________________________], with reasoning: [________________________________]

☐ Reduce the disciplinary action from [________________________________] to [________________________________]

☐ Stay the effective date of the decision pending resolution of this Petition

☐ Other: [________________________________]

SECTION 8 — EXHIBITS

SECTION 9 — VERIFICATION

I, [________________________________], declare under the penalties of perjury that the foregoing Petition for Reconsideration is true and correct to the best of my knowledge and belief, and that I am authorized to file this Petition on behalf of Petitioner.

Executed on [__/__/____] at [________________________________], Minnesota.

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]

SECTION 10 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Minnesota Attorney Registration No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], MN [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Petitioner [________________________________]

Date: [__/__/____]

SECTION 11 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration and all exhibits upon the following parties by the method(s) indicated:

Agency Clerk / Docket Office:
[________________________________]
[________________________________], MN [____]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Overnight courier ☐ Email: [________________________________] ☐ Agency e-filing system

Agency Legal Counsel / Attorney General's Office:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Opposing Party / Complainant:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Other Party of Record:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

_________________________________
Signature
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 12 — NEXT STEPS AND JUDICIAL REVIEW

12.1 Agency Action on Petition:

The agency may:

• Grant reconsideration and reconsider the case on the merits
• Grant rehearing or supplemental proceedings
• Modify, vacate, or affirm the decision and order
• Deny the petition in writing
• Take no action within a reasonable time (effectively a denial)

12.2 Judicial Review — Minnesota Court of Appeals:

Under Minn. Stat. § 14.63, judicial review is sought by filing a petition for writ of certiorari with the Minnesota Court of Appeals:

• Deadline: Within 30 days after the party receives the final decision and order, OR if a reconsideration request was filed within 10 days, the 30-day period runs from service of the order disposing of the reconsideration request
• Standard of review under Minn. Stat. § 14.69: The court may reverse or modify if the decision is: in violation of constitutional provisions; in excess of statutory authority; made upon unlawful procedure; affected by error of law; unsupported by substantial evidence; or arbitrary or capricious
• Record on review: The agency must prepare and file the complete record under Minn. Stat. § 14.62

12.3 Preservation of Issues:

All issues intended to be raised on judicial review should be raised in this Petition. Under Minnesota law, issues not presented to the agency may be deemed waived and unreviewable by the Court of Appeals.

12.4 Stay Pending Review:

A stay of the agency's decision may be sought from the agency or from the Court of Appeals. The court may impose conditions on any stay.

This template was prepared for use in Minnesota administrative proceedings under Minn. Stat. ch. 14. The 10-day reconsideration filing deadline is critical for tolling the judicial review period. This template must be reviewed and customized by a qualified attorney licensed in Minnesota before use.