.................... moves to amend H.F. No. 860, the delete everything amendment
(H0860DE1), as follows:
Page 88, delete lines 33 to 35 and insert:
"(c) Any compromise involving an amount over
must be authorized
by an attorney licensed to practice law in Minnesota who is an employee of the department
designated by the commissioner for that purpose."
Page 89, line 1, reinstate the stricken language
Page 104, line 32, strike "person" and insert "employer, and any applicant subject to
1.9section 268.18, subdivision 2,
Page 118, line 12, delete "This
" and insert "Subject to subdivision 2, this
Page 118, line 29, after the comma, insert "that the applicant has the right to request
1.12that the hearing be rescheduled so that documents or witnesses can be subpoenaed,
Page 119, line 2, after the period, insert "An affidavit or written statement based
1.14on personal knowledge and signed under penalty of perjury is competent evidence
1.15of the facts contained in it; however, the veracity of statements contained within the
1.16document or the credibility of the witness making the statement may be disputed with
1.17other documents or testimony and production of such documents or testimony may be
1.18compelled by subpoena.
Page 122, after line 18, insert:
"Sec. ... Minnesota Statutes 2008, section 268.105, subdivision 5, is amended to read:
Subd. 5. Use of evidence; data privacy.
(a) All testimony at any evidentiary
hearing conducted under subdivision 1 must be recorded. A copy of any recorded
testimony and exhibits offered or received into evidence at the hearing must, upon
request, be furnished to a party at no cost during the time period for filing a request for
reconsideration or while a request for reconsideration is pending.
(b) Regardless of any provision of law to the contrary, if recorded testimony and
exhibits received into evidence at the evidentiary hearing are not requested during the time
period for filing a request for reconsideration,
while a request for reconsideration is
pending, during the time for filing any appeal under subdivision 7, or during the pendency
that testimony and other evidence may later be made available only under a
district court order. A subpoena is not considered a district court order.
(c) Testimony obtained under subdivision 1, may not be used or considered for any
purpose, including impeachment, in any civil, administrative, or contractual proceeding,
except by a local, state, or federal human rights agency with enforcement powers, unless
the proceeding is initiated by the department."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly