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CR 99-105 Public Hearing Currency Exchange License for Pawn America e May 28, 1999 Council Report 99-105 PUBLIC HEARING APPLICATION FOR A CURRENCY EXCHANGE LICENSE FOR PAWN AMERICA Staff recommends approval of the following motion: Move to adopt Resolution 99- 042. Resolution Approving a Currency Exchanae License for Pawn America, 168 Blake Road N. Overview Pawn America has applied to the Department of Commerce for a Currency Exchange License. This license will allow them to run a "check cashing" service, a service that will allow Hopkins area residents that do not have checking accounts to cash checks. The Police Department and the City Attorney have both reviewed the application and have found no reason to deny. Primary Issues to Consider . . The Regulatory Agency is the Department of Commerce . What is the process? . Inquiries made by staff Supporting Documents . Resolution 99-099 . Copy of Letter from the Department of Commerce . Memo from Chief Earl Johnson . Memo from City Attorney Jerre Miller . Copy of Statute 53A . Copy of excerpts from Statute 14 . Copy of complete application is available at the City Clerk's office --- .....'-X - ,/ I", / ! ,y:.. ' i- / J (/ ,{./" /, I . ;c't erry Obef aier, City Clerk , - ~ --.---- - e Council Report Page 2 Primary Issues to Consider . The Regulatory Agency is the Department of Commerce The Department of Commerce issues the license and regulates the license according to Chapter 53A of the State Statute. The City of Hopkins does not get involved in monitoring the activity other than what would be normal activities. The license is a one-year license and is current for each calendar year. Each year, before the license is renewed, the licensee is required to submit a financial report to the licensing agency. The Department of Commerce has done a background check on all of the principals and managers of the corporation. The background check was completed by the Minnesota Bureau of Criminal Apprehension. Nothing was discovered in this investigation to cause the application to be denied. . What is the Process? . State Statute dictates the process for the application. The Department of Commerce has 30 days from the date of receipt of the application to deny the application or to send the application to the local jurisdiction. The local jurisdiction, in this case the City of Hopkins, must hold the public hearing. If the City approves or denies the application, a resolution showing findings of fact for the approval or denial is sent to the Department of Commerce within 60 days of receipt of the application. The Commissioner cannot issue the license without approval of the local jurisdiction. If the City denies the application, the applicant has the opportunity to request a hearing pursuant to Chapter 14 of the State Statues. The City is responsible for the hearing and the cost of the hearing before an administrative law judge. Any denial must show substantial evidence findings to support the denial. The denial cannot be arbitrary or capricious. If the City does nothing, after 60 days the Commissioner will assume approval and issue the license. . Inquiries Made by Staff Staff has called the Cities of Brooklyn Park, Bloomington and Anoka. These cities e all have check cashing businesses. They all reported positive experiences with the businesses in their cities. The City Clerk spoke with Deputy Commissioner Kevin . M. Murphy. Mr. Murphy stated that no currency exchange license has been denied. Alternatives 1. Adopt Resolution 99-042, approving the application for a currency exchange license for Pawn America. 2. Do nothing, approval will be assumed within 60 days of receipt of the application. 3. Deny the application. If the application is denied, findings of fact must substantially support denial. Staff recommends alternative one. . e -".- ---.- CITY OF HOPKINS . HENNEPIN COUNTY, MINNESOTA RESOLUTION 99-42 RESOLUTION APPROVING A CURRENCY EXCHANGE LICENSE FOR PAWN AMERICA, 168 BLAKE ROAD NORTH WHEREAS, Pawn America has applied to the Commissioner of the Department of Commerce for a Currency Exchange License, and; WHEREAS, The City of Hopkins has held the required public hearing and; WHEREAS, No reason could be found to deny the applicant, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Hopkins does hereby approve Pawn America's application for a Currency Exchange License. . Adopted by the City Council of the City of Hopkins this 1st day of June, 1999. By Charles D. Redepenning, Mayor ATTEST: Terry Obermaier, City Clerk e ---- ,,6~JW~~~ '" ~,,:,,"""_DD ,~"" ,?Ii.... ~.J :<'~.'l "~7J"_~\ MINNESOTA DEPARTMENT OF COMMERCE ,"i"5"~'" -. " -'" " 8 " :'~i~r:'if~: il . '<~\ ",='i,,~~_ 1,\1, -~': ,'"' Financial Examinations Division \~ ,,~~:o_: l\C-.: ~:/ '::'!!t{~.~i:;',.:,../ May 6, 1999 Ms. Terry Obermaier City Clerk City of Hopkins 1010 First Street South Hopkins, MN 55343 Dear Ms. Obermaier, Enclosed is an application by Pawn America Minnesota L.L,C., to operate as a currency exchange company at 168 North Blake Road, Hopkins, Minnesota 55343, Minnesota Statute 53A04(a) states: e "Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision," . 133 East Seventh Street, SL Paul, MN 55101-2333 Telephone (651) 296-2135 . Fax (6S!) 296-8591 · TTYITDD (651) 296-2860 e mail: financial@state.mn.us Web Site: www.commcrcc,statc.mn.us An Equal Opportunity Employer . Ms, Terry Obermaier May 6, 1999 Page 2 A copy of the completed application submitted to this department is enclosed for your review and approval. Per Janet Nichols of Pawn America Minnesota LL.C., a copy of the application was also submitted to you on or about April 28, 1999, Please respond back in writing within 60 days of the receipt of this notice as to the decision of the governing body regarding the application for the currency exchange operation. If I do not hear from you within 60 days, approval will be presumed and the license will be issued. If you have any questions, please call Senior Examiner Leah Grobove at (651) 296-2297. "/ . Sincer;' i Z' ,1~, . Ii' J '/'/1 /' / "" ovv i/ ~'/7 Kevj(1 M. Murphy , , Deputy Commissioner Img Encl. CC, Ms. Janet Nichols . POLICE DEPARTMEN- . Memo Toe Chief Earl Johnson From: Kathy Magdal. Pawn Records DIIta: 5124/99 ... Pawn America AJ. this time, there are 10 Pawn America pawnshops in Minnesota. Letters were faxed to each of the police departments where these shops are located. I requested infonnation regarding any problems they have had dealing with Pawn America and whether or not their Pawn America has requested a checlH:ashing permit Of these 10 departments. five have responded as follows: . . Fridley PD: Pawn America does not as yet have check-cashing capabilities, but has applied; they stated they have 60 days to respond, but will probably go through after a hearing. They also stated they have not had any major problems with Pawn America and that they will cooperate with the PO; not always wilrlf1Q. but the PO is very strict with them. . Bumsville PO: Pawn America does not currently do check cashing and ~ will not because they are IocaIed in a strip man that already has a check-cashing business. They have had no major problems with Pawn America. . Rochester PO: Pawn America has not started check-cashing capabilities yet. but the individual I spoke with stated that she heard from her boss that they were going to. She has had no problems with their Pawn America and stated that they have always been very helpful. . RobbinsdaJe PO: Pawn America has applied for a check-cashing permit and the indMdual1 spoke with stated that it'll go through because there is nothing the city can do to stop it. They have not had any major prol:Mems with their Pawn America. . Bloomington PO: Pawn America has applied for a check-cashing permit and it will be granted. They have had no problems with Pawn America and stated they are cooperative and things are relatively quiet Bloomington also stated that the home office of Pawn America made application to the Slate Commerce Department for check-<::ashing capabilities in their stores and since it was approved, it then 'Nef1t to the individual cities, He believes this service is going into eight of their stores. . . Page 1 CityofJ[opk.jns 1010 'First Street Sout/i · J[opR,ins, :M'N 55343-7573 · P/ione: 612-935-8474 · 'Fa{; 612-935-1834 MEMO Date: May 19, 1999 To: Terry Obcrmaier From: Jerre Miller Re: Pawn America Application Following our telephone conversation concerning an Application by Pawn American Mirmesota to conduct a currency exchange operation at their headquarters, I have reviewed the Department of Commerce letter and the applicable Minnesota Statute 53A.04(a). The procedure following receipt of an application. and Minnesota Statute 14 and in particular MirUlesota Statute 14,03 under the . Admi nistati ve Procedure Act concerning hearings, contested cases and judicial review. It is clear that in the event a hearing is conducted, the decision must be in writing based on the record and include findings of fact and conclusions on the part of the City on all material issues. It is also clear that if the applicant's application is denied and submitted for review to a Court of competent jurisdiction. the findings and conclusions on which the City's decision was based must consist of rekvant evidence that a reasonable mind would accept as adequate to support the conclusion. In other words. it has to be more than a scintilla of evidence and more than some evidence and more than any evidence. All of this is defined as findings to support a conclusion based on substantial evidence. If further discussion is desired concerning a staff position on challenging the application and you wish my assistance, please let me know. ;/ ,-- '. r-" '- ~4ffi. ' I ,/ ,/ ,/ l-/ . c :\filelhupki ns\to-mcmo )In 'Eq""[ Opportunity 'Emproyer Page 1 of7 Milmesota Statutes 1998, Chapter 53A. . Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota. ==53A.01 53A.01 Definitions. Subdivision 1. Currency exchange. "Currency exchange" means any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. "Currency exchange" does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1 or one percent of the value of the check or draft, whichever is greater. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. HIST: 1989 c 247 s 1; 1995 c 202 art 1 s 25 ==53A.02 53A.02 License. Subdivision 1. Requirement. A person may not engage in the business of a currency exchange without first obtaining a license from the commissioner. Not more than one place of . business may be operated under the same license, but the commissioner may issue more than one license to the same licensee upon compliance by the applicant with all the provisions of this chapter for each new license issued. Subd. 2. Distance limitation. No license may be issued or renewed under this chapter if the place of business to be operated under the license is located or proposed to be located within one-half mile of another licensed currency exchange. The distance limitation imposed by this subdivision is measured by a straight line from the closest points of the closest structures involved. Subd. 3. Prohibition. A licensee may not contract with another person or business entity to manage the currency exchange business. This subdivision does not prohibit the licensee from employing persons to operate a currency exchange facility. HIST: 1989 C 247 s 2; 1992 c 504 s 2 ==53A.03 53A.03 Application for license; fees. (a) An application for a license must be in writing, under oath, and in the form prescribed and furnished by the commissioner and must contain the following: . (1) the full name and address (both of residence and place of business) of the applicant, and if the applicant is a http://www.revisor.leg.state.mn.us/cgi-bin!getstatchap.pl 5/25/99 Page 2 of7 partnership or association, of every member, and the name and business address if the applicant is a corporation; . (2) the county and municipality, with street and number, if any, of all currency exchange locations operated by the applicant; and (3) the applicant's occupation or profession, for the ten years immediately preceding the application; present or previous connection with any other currency exchange in this or any other state; whether the applicant has ever been convicted of any crime; and the nature of the applicant's occupancy of the premises to be licensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each officer and director of the corporation. If the applicant is a partnership or a nonpublicly held corporation, the information specified in this paragraph must be required of each partner and each officer, director, and stockholders owning in excess of ten percent of the corporate stock of the corporation. (b) The application shall be accompanied by a nonrefundable fee of $250 for the review of the initial application. Upon approval by the commissioner, an additional license fee of $50 must be paid by the applicant as an annual license fee for the remainder of the calendar year. An annual license fee of $50 is due for each subsequent calendar year of operation upon submission of a license renewal application on or before September 1. Fees must be deposited in the state treasury and . credited to the general fund. Upon payment of the required annual license fee, the commissioner shall issue a license for the year beginning January 1. (c) The commissioner shall require the applicant to submit to a background investigation conducted by the bureau of criminal apprehension as a condition of licensure. As part of the background investigation, the bureau of criminal apprehension shall conduct criminal history checks of Minnesota records and is authorized to exchange fingerprints with the Federal Bureau of Investigation for the purpose of a criminal background check of the national files. The cost of the investigation must be paid by the applicant. (d) For purposes of this section, "applicant" includes an employee who exercises management or policy control over the company, a director, an officer, a limited or general partner, a manager, or a shareholder holding more than ten percent of the outstanding stock of the corporation. HIST: 1989 c 247 s 3; 1992 c 504 s 3 . 1993 c 354 s 1 , -",53A.04 53A.04 Approval or denial of an application. (a) Within 30 days after the receipt of a complete application, the commissioner shall deny the application or . submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing http ://www .revisor.Ieg.state.mn. US/ cgi -bin! getstatchap .pI 5/25/99 Page 3 of7 body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, . including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision. (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days of receiving the notice of a denial, request a contested case hearing pursuant to chapter 14i provided that if the denial is based upon the refusal of the governing body to concur the governing body must afford the applicant a hearing. The applicant shall have no right to the hearing provided for in this section if the denial is based upon the governing body's refusal to concur but shall have a hearing before the governing body. (c) This section applies to initial applications and renewal applications. (d) The state shall have no responsibility for the action . of the governing body. HIST: 1989 c 247 s 4j 1992 c 504 s 4 ==53A.05 53A.05 Change of name, ownership, or location. Subdivision 1. Name or location. If a licensee proposes to change the name or location of any or all of its currency exchanges, the licensee shall file an application for approval of the change with the commissioner. The commissioner shall not approve a change of location if the requirements of sections 53A.02, subdivision 2, and 53A.04 have not been satisfied. If the change is approved by the commissioner, the commissioner shall issue an amended license in the licensee's new name or location. A $50 fee must be paid for the amended license. Subd. 2. Ownership. The licensee shall notify the commissioner 30 business days in advance of any change in ownership of the currency exchange. The commissioner may revoke the currency exchange license if the new ownership would have resulted in a denial of the initial license under the provisions of chapter 53A. HIST: 1989 c 247 s 5i 1992 c 504 s 5 ==53A.06 . 53A.06 Fine, suspension, or revocation of license. (a) The commissioner may suspend or revoke any license http://www .revisor .leg. state.mn. us/cgi -bin! getstatchap. pI 5/25/99 Page 4 of7 under section 45.027 if the commissioner finds that: . (1) the licensee has failed to pay the annual license fee or to maintain in effect the required bond or to comply with any order, decision, or finding of the commissioner under Laws 1989, chapter 247; (2) the licensee, or any officer or director of a corporate licensee, has violated any provision of Laws 1989, chapter 247, or any rule or order of the commissioner under this chapter or chapter 45; (3 ) the licensee, or any officer or director of a corporate licensee, has violated any other law which would indicate that the person is untrustworthy or not qualified to operate a currency exchange; or (4 ) any fact or condition exists which, if it had existed at the time of the original or renewal application for the license, would have warranted the commissioner refusing the issuance of the license. (b) A license may not be revoked until the licensee has had notice of a hearing pursuant to the provisions of chapter 14. (c) A licensee may surrender any license by delivery to the commissioner. The surrender does not affect the licensee's civil or criminal liability for acts committed before the surrender, or affect the liability on the bond required by . sections 53A.01 to 53A.13, or entitle the licensee to a return of any part of any license fee. (d) Before suspension or revocation of the license, the commissioner may fine a licensee for violations of Laws 1989, chapter 247, as authorized under chapter 45. HIST: 1989 c 247 s 6 ==53A.07 53A.07 Filing of fees; unreasonable fees. Subdivision 1. Approval of fees. Fees charged at each location for check cashing services must be filed with and approved by the commissioner. Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the proposed amendments with the commissioner. The application for amendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of $50 shall accompany the application. The commissioner shall approve or deny the application 60 days after the filing of a complete application to amend its fees. Subd. 3. Standards; unreasonable fees prohibited. The commissioner may disapprove the fees filed by a currency exchange if they are not fair and reasonable. In determining whether a fee is fair and reasonable, the commissioner shall . take into consideration: (1 ) rates charged in the past for cashing of checks by http://www.revisor.leg.state.mn.us/cgi-bin!getstatchap.pl 5/25/99 ------------ --------- Page 5 of7 those persons and organizations providing check cashing services in the state of Minnesota; . (2) the income, cost, and experience of the operations of currency exchanges existing prior to this enactment or in other states under similar conditions or regulations; (3) the amount of risk involved in the type of check to be cashed and the location where the currency exchange operates; (4) the general cost of doing business, insurance costs, security costs, banking fees, and other costs associated with the operations of the particular currency exchangei (5) a reasonable profit for a currency exchange operation; and (6) any other matter the commissioner deems appropriate. The commissioner shall set a separate rate, consistent with the above standards, for checks issued by a government entity in an amount up to $500 to be cashed by a currency exchange. HIST: 1989 c 247 s 7 ==53A.08 53A.08 Bond. Before a license may be issued to a currency exchange, the . applicant shall file annually with and have approved by the commissioner a surety bond, issued by a bonding company authorized to do business in this state in the principal amount of $10,000. The bond must run to the commissioner and is for the benefit of creditors of the currency exchange for liability incurred by the currency exchange on money orders issued or sold by the currency exchange, for liability incurred by the currency exchange for sums due to a payee or endorsee of a check, draft, or money order left with the currency exchange for collection, and for liability incurred by the currency exchange in connection with providing currency exchange services. The commissioner may require a licensee to file a bond in an additional amount if the commissioner considers it necessary to meet the requirements of this section. In determining the additional amount of the bond which may be required, the commissioner may require the licensee to file its financial records, including all bank statements, pertaining to the sale of money orders for the preceding 12-month period. In no case may the bond be less than the initial $10,000 or more than the outstanding liabilities. HIST: 1989 c 247 s 8 . 1992 c 504 s 6 , ==53A.081 53A.081 Annual report and investigations. Subdivision 1. Annual report. On or before April 30, a licensee shall file an annual report with the commissioner for . the previous calendar year. The report must contain information that the commissioner may reasonably require concerning, and for the purpose of examining, the business and operations of each http://www .revisor .leg. state.mn. usl c gi -bin! getstatchap. p I 5/25/99 Page 6 of7 licensed currency exchange. . Subd. 2. Investigation. The commissioner may at any time and shall at least once in each year investigate the currency exchange business of any licensee and of every person, partnership, association, and corporation engaged in the business of operating a currency exchange in the manner provided under section 45.027. Subd. 3. Fees and expenses. The licensee shall pay the costs of an examination or investigation in the manner provided under section 60A.03, subdivision 5. Subd. 4. Classification of data. Financial information on individuals and businesses that is submitted to the commissioner in the annual report under subdivision 1 are private data on individuals or nonpublic data. HIST: 1992 c 504 s 7i 1996 c 439 art 1 s 6i lSp1997 c 3 s 19 ==53A.09 53A.09 Powersi limitationsi prohibitions. Subdivision 1. Deposits; escrow accounts. A currency exchange may not accept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or currency in escrow for others for any purpose. However, a currency exchange may act as agent for the issuer of money orders or travelers' checks. . Subd. 2. Gambling establishments. A currency exchange located on the premises of a gambling establishment as defined in section 256.9831, subdivision 1, may not cash a warrant that bears a restrictive endorsement under section 256.9831, subdivision 3. HIST: 1989 c 247 s 9' 1996 c 465 art 3 s 1 , ==53A.I0 53A.I0 Violations. Any person, firm, association, partnership, or corporation that violates Laws 1989, chapter 247, shall be guilty of a misdemeanor. HIST: 1989 c 247 s 10 ==53A.11 53A.ll Books of account; annual report. The licensee shall keep and use in the licensee's business the books, accounts, and records that will enable the commissioner to determine whether the licensee is complying with the provisions of Laws 1989, chapter 247, and with the rules adopted by the commissioner. A licensee shall preserve the books, accounts, and records for at least two years after making . the final entry. HIST: 1989 c 247 11 s http://www.revisor.leg.state.mn.us/cgi-bin!getstatchap.pl 5/25/99 --- Page 70f7 ==53A.12 53A.12 Rules. . The commissioner may adopt rules under chapter 14 as may be necessary to administer and enforce this chapter. HIST: 1989 c 247 s 12 ==53A.13 53A.13 Fee notice; false advertising; penalty. Subdivision 1- Fee notice. The fees charged by currency exchanges for rendering any service authorized by sections 53A.01 to 53A.13 must be prominently displayed on the premises of the currency exchange in the fashion required by the commissioner. Subd. 2. False advertising. A licensee may not advertise, print, display, publish, distribute, or broadcast any statement or representation that is false, misleading, or deceptive, or that omits material information. Subd. 3. Ci vil liability; penalty. A person who violates any subdivision of this chapter is liable to the person damaged by the violation for actual damages. The court may award reasonable attorney fees and costs. HIST: 1989 c 247 s 13 . -=53A.14 53A.14 Repealed, 1992 c 504 s 8 ==53A.misc1998 Minn. Stats. repealed, etc. sees in chap 53A 53A.14 Repealed, 1992 c 504 s 8 . http://www.revisor.Ieg.state.mn.us/cgi-binJgetstatchap.pI 5/25/99 ~ Page 48 of 49 civil cases. . HIST: 1963 c 809 s 1 ; 1965 c 698 s 3' Ex1967 c 1 s 6 . 1969 c , , 567 s 3; 1969 c 1129 art 2 s 1 ; 1971 c 25 s 67; 1973 c 254 s 3; 1975 c 271 s 6. 1975 c 359 s 23; 1976 c 134 s 78i 1977 c 307 s , 29; 1977 c 430 s 25 subd 1; 1978 c 674 s 60; 1980 c 615 s 19-21i 1982 c 424 s 130; 1983 c 247 s 14 ==14.69 14.69 Scope of judicial review. In a judicial review under sections 14.63 to 14.68, the court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the administrative finding, inferences, conclusion, or decisions are: (a) In violation of constitutional provisions; or (b) In excess of the statutory authority or jurisdiction of the agency; or (c) Made upon unlawful procedure; or (d) Affected by other error of lawi or (e) unsupported by substantial evidence in view of the entire record as submitted; or . (f) Arbitrary or capricious. HIST: 1963 c 809 s 2; 1980 c 615 s 22; 1982 c 424 s 130 ==14.70 14 .70 Repealed, 1983 c 247 s 219 ==14.misc1998 Minn. Stats. repealed, etc. secs in chap 14 14.10 Repealed, 1995 c 233 art 2 s 57 14.11 Repealed, 1995 c 233 art 2 s 57 14.115 Repealed, 1995 c 233 art 2 s 57 14.12 Repealed, 1995 c 233 art 2 s 57 14.13 Repealed, 1984 c 640 s 33 14.1311 Repealed, 1995 c 233 art 2 s 57 14.17 Repealed, 1984 c 640 S 33 14.21 Repealed, 1984 c 640 s 33 14.235 Repealed, 1995 c 233 art 2 s 57 14.29 Repealed, 1995 c 233 art 2 s 57 14.30 Repealed, 1995 c 233 art 2 s 57 14.305 Repealed, 1995 c 233 art 2 s 57 14 .31 Repealed, 1995 c 233 art 2 s 57 14.32 Repealed, 1995 c 233 art 2 s 57 14.33 Repealed, 1995 c 233 art 2 s 57 14.34 Repealed, 1995 c 233 art 2 s 57 14.35 Repealed, 1995 c 233 art 2 s 57 14 .36 Repealed, 1995 c 233 art 2 s 57 . 14.387 Repealed, 1997 c 187 art 5 s 36 14.39 Renumbered 3.841 14.40 Renumbered 3.842 14.41 Renumbered 3.843 http://www .revisor.l ego state.run. us/cgi -bin! getstatchap. pI 5/25/99 - ---.-.----- Page 49 of 49 14.42 Renumbered 3.844 14.43 Renumbered 3.845 . 14.431 Repealed, 1998 c 389 art 16 s 36 14.70 Repealed, 1983 c 247 s 219 ",-14.58 14.58 Notice and hearing. In any contested case all parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall state the time, place and issues involved, but if, by reason of the nature of the case, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable, and opportunity shall be afforded all parties to present evidence and argument with respect thereto. Prior to assignment of a case to an administrative law judge as provided by sections 14.48 to 14.56, all papers shall be filed with the agency. Subsequent to assignment of the case, the agency shall certify the official record to the office of administrative hearings, and thereafter, all papers shall be filed with that office. The office of administrative hearings shall maintain the official record which shall include subsequent filings, testimony and exhibits. All filings are deemed effective upon receipt. The record shall contain a written transcript of the hearing only if preparation of a transcript is requested by the agency, a party, or the chief administrative law judge. The agency or party requesting a transcript shall bear the cost of preparation. When the chief administrative law judge requests . preparation of the transcript, the agency shall bear the cost of preparation. Upon issuance of the administrative law judge's report, the official record shall be certified to the agency. HIST: 1957 c 806 s 8; 1976 c 68 s 3 ; 1980 c 615 s 14 ; 1982 c 424 s 130; 1984 c 640 s 32 . http://www.revisor.1eg.state.mn.us/cgi-bin/getstatchap.pI 5/25/99 ---.