If, after referral to the commission, the parties request alternative dispute resolution,
the parties may participate in an alternative dispute resolution process which may
be facilitated by the department. If the dispute is resolved through the alternative
dispute resolution process, the parties shall notify the presiding commissioner of
the hearing committee, who shall incorporate the agreement by reference into an order
and dismiss the complaint with prejudice.
(o)
Determination before public hearing. At any time after a complaint has been referred to a hearing committee, or to a hearing
examiner, but before the public hearing has been completed, the hearing committee
or hearing examiner may issue an order dismissing a complaint because it has been
resolved by agreement of the parties, because it appears the allegations were not
well founded or for any other justifiable reason. However, the hearing committee or
hearing examiner shall attach to its order written findings of fact and conclusions
of law supporting the dismissal, and shall serve a copy upon all parties. Any such
dismissal shall be reviewable the same as any other final decision in a contested
case, as provided in Chapter 14 of Minnesota Statutes.
(p)
Hearings.
(1)
Public hearings shall be conducted by the hearing committee or hearing examiner, who
shall conduct the hearing in accordance with Chapter 14 of the Minnesota Statutes.
After a finding of probable cause, any proposed complaint amendments must be submitted
to the hearing committee or the hearing examiner, whichever is applicable. The hearing
committee or hearing examiner will determine, in accordance with the Minnesota Rules
of Civil Procedure, whether any complaint amendments will be allowed.
(2)