Minnesota § 144.4810 - FINAL HEARING

Full text of Minnesota Minnesota Statutes § 144.4810 — FINAL HEARING, with citation guidance and answers to common questions.

§ 144.4810. FINAL HEARING

Subdivision 1.Grounds for hearing.

After the preliminary hearing, the commissioner, carrier, or respondent may petition the court for relief from or enforcement of the court order issued pursuant to the preliminary hearing. The commissioner may petition the court for additional preventive measures if the carrier or respondent has not complied with the court order issued pursuant to the preliminary hearing. The petitioning party shall serve and file a petition and notice of hearing with the probate division of the district court. The court shall hold the final hearing no later than 15 days from the date of the filing and service of the petition for a final hearing.

Subd. 2.Notice of hearing.

The notice of the final hearing must contain the same information as for the preliminary hearing in section 144.4809, subdivision 3 or 4.

Subd. 3.Duty to communicate.

The parties have a duty to communicate and exchange information as provided in section 144.4809, subdivision 5.

Subd. 4.Hearing room in treatment facility.

The hearing room for the final hearing is governed by section 144.4809, subdivision 6.

Subd. 5.Standard of proof.

The commissioner must prove by clear and convincing evidence that the carrier is an endangerment to the public health.

Subd. 6.Rules of evidence.

The rules of evidence are governed by section 144.4809, subdivision 8.

Subd. 7.Sufficiency of evidence.

The sufficiency of evidence is governed by section 144.4809, subdivision 9.

Subd. 8.Failure to appear at hearing.

The failure of the carrier or respondent to appear at the hearing is governed by section 144.4809, subdivision 10.

Subd. 9.Right of appeal.

The commissioner, carrier, or respondent may appeal the decision of the district court. The court of appeals shall hear the appeal within 60 days after filing and service of the notice of appeal.

Subd. 10.Right of commissioner to issue subsequent order.

Notwithstanding any ruling by the district court, the commissioner may issue a subsequent health order if the commissioner has probable cause to believe that a health order is necessary based on additional facts not known or present at the time of the district court hearing.

History:

1997 c 164 s 12

Official Publication of the State of Minnesota
Revisor of Statutes

Frequently Asked Questions About Minnesota § 144.4810

What does Minnesota Statutes § 144.4810 cover?

Section 144.4810 ("FINAL HEARING") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Minnesota § 144.4810?

A common citation format is "Minnesota Statutes § 144.4810" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Minnesota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.

How does Minnesota § 144.4810 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.