In 1975, the Minnesota Legislature created the Office of Administrative Hearings (“OAH”) as an executive branch court. The legislature intended to create an efficient, flexible, less-expensive, and neutral forum to support—but not supplant—administrative agency decision-making. Since that time, the legislature passed numerous statutes placing final decision-making authority in OAH’s hands, rather than having the courts or administrative agencies make those final decisions. In doing so, the legislature created a questionable system where the powers granted to OAH invade the provinces of the executive and judicial branch established under the Minnesota Constitution.
This article explores the separation of powers concerns created where the legislature gave OAH authority to make final decisions. The article begins with a broad overview of Minnesota’s separation of powers principles and the creation of OAH. The article then discusses cases deciding claims where administrative courts interfered with judicial power and explores how OAH’s authority to issue final agency decisions fits under those precedents. Next, the article addresses separation of powers concerns created when the legislature grants OAH final agency decision- making authority within the executive branch that can trump what would otherwise have been another administrative agency’s decision. The article concludes with suggested legislative actions that could be taken to protect both OAH’s authority and the three separate, yet equal, branches of government.