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12/29/88 [REVISOR J XX/MC 89-0652 <br />1 <br />chooses not to negotiate a settleme,:t or is unable to do so, the <br />2 <br />director shall notify the board, the subject of the inquiry, the <br />3 <br />attorney general, and the complainant, if any, of the finding of <br />4 <br />reasonable cause. <br />5 <br />Subd. 4. [SETTLEMENT.) (a) A settlement of a violation of <br />6 <br />this chapter must include the violator's acknowledgment of the <br />7 <br />violation and agreement not to repeat the violation. A <br />8 <br />settlement must be approved by a majority vote of the board <br />9 <br />before it takes effect. If the boarc. fails to approve a <br />10 <br />settlement reported by the director, the board may instruct the <br />11 <br />director to attempt to negotiate a different settlement and to <br />12 <br />report any new settlement at a subsequent board meeting, or it <br />13 <br />may proceed to an adjudicatory hearing under subdivision 5. A <br />M <br />i <br />14 <br />settlement and its terms are nonpublic data, except that: <br />15 <br />(1) the board shall notify the attorney general of the <br />16 <br />settlement and its terms; <br />17 <br />21 the hoard shall make the settlement public at the <br />18 <br />request of the violator, and <br />19 <br />(3) if it determines that the public interest would be <br />20 <br />served by doing so, the board may publish a settlement or a <br />21 summary of a settlement. <br />22 (b) When a matter is settled under this subdivision, the <br />23 board shall notify the complainant, if any, that it has decided <br />24 not to investigate the matter further or to impose formal <br />25 sanctions. The notification may describe, in general terms, <br />26 other ways in which a preliminary investigation might be <br />27 concluded, but may not disclose the fact o; terms of the <br />28 settlement. <br />29 Subd. 5. (ADJUDICATORY HEARINGS.) Upon receiving the <br />30 executive director's finding of reasonable cause to believe that <br />31 a violation of this chapter has occurred or upon receiving the <br />32 director's report of a settlement under subdivision 4 and <br />33 failing to approve it, the board, by majority vote, may refer <br />34 the matter to an administrative law iudge for an adjudicatory <br />35 hearinq. An adjudicatory hearing is a contested case governed <br />36 by chapter 14. <br />8 <br />