Legal Memorandum: Amendment of Issues in a Contested Case

Issue: Must a party amend a hearing request to allege issues regarding a statute’s constitutionality at a Department of Health hearing in Minnesota?

Area of Law: Administrative Law, Administrative Law & Regulation (Federal and State)
Keywords: Contested case; Amendment of issue; Constitutionality
Jurisdiction:  Minnesota
Cited Cases: None
Cited Statutes: Minn. Stat. § 14.58 (2012); Minn. R. 1400.5600, subp. 5 (2012)
Date: 11/01/2012

Pursuant to the Administrative Procedure Act, if amendment of the issues in a contested case is necessary after notice of hearing, the issues “shall be fully stated as soon as practicable, and opportunity shall be afforded all parties to present evidence and argument with respect thereto.”  Minn. Stat. § 14.58 (2012).  The rules promulgated under the Act, similarly provide for raising new issues in contested cases:

At any time prior to the start of the evidentiary hearing, the agency may file and serve an amended notice of and order for hearing, provided that, should the amended notice and order raise new issues or allegations, the parties shall have a reasonable time to prepare to meet the new issues or allegations if requested. Amendments sought after the start of the hearing must be approved by the judge.”

Minn. R. 1400.5600, subp. 5 (2012). 


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