Chapter 1

Development of Administrative Procedure

1.6 Amendments to the Contested Case Procedures

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The APA history discussed above relates primarily to the quasi-legislative activities of state agencies (rulemaking), and not to the quasi-judicial activities (contested cases). Although contested case revisions have been made by the legislature during recent years, these amendments do not compare in significance to the rulemaking amendments. Most of the changes involving contested cases, such as the development of discovery procedure, have been accomplished through rulemaking by OAH. Some limited changes have been made to judicial review of agency actions but, again, the changes are not significant.

Of interest, however, is the 1982 Minnesota constitutional amendment that created the Minnesota Court of Appeals. This intermediate appellate court, by virtue of 1982 Minnesota Laws chapter 501, section 8, subdivision 4, was given jurisdiction to review both rulemaking and contested case decisions of state agencies.[1] Before this change agency decisions were reviewed in district court and the decisions were not reported. One result of this change has been a larger body of case law dealing with administrative practice and procedure. Later chapters in this book will discuss in detail the contested case and judicial review provisions of the APA.

[1] 1982 Minn. Laws ch. 501, ยง1, at 572.