Speaker 1: This short presentation describes the process for a data subject to appeal a decision by a government entity that data that the data subject challenged are accurate and or complete. Section 13.04 of the Data Practices Act states that an individual subject of government data may contest the accuracy and completeness of public or private data. This right applies only to individual persons who are the subject of the data in question. Finally, only public or private data are subject to challenge. Confidential data are not. Briefly, the process for contesting the accuracy or completeness of government data can be broken down into eight main steps. They are data subject files initial statement of disagreement, government entity response, submitting the appeal, option for informal resolution, order and notice of hearing, contested case hearing and administrative law judge decision, final decision by commissioner, application for judicial review. The first step to contest the accuracy or completeness of data is to file a statement of disagreement with the government entity that has the data in question. The statement must be in writing and it must be sent to the entity's responsible authority. To determine which employee is the responsible authority for a given government entity, look at Minnesota statutes section 13.02 subdivision 16. After receiving the statement of disagreement, the responsible authority has 30 days to review the contested data and to make a determination regarding the data's accuracy and completeness. The responsible authority must either correct the data and notify all past recipients of the correction or notify the data subject that the data in question are complete and correct. The government entity must attach a copy of the statement of disagreement whenever the disputed data are disclosed. A data subject may appeal the responsible authority's determination. After receiving the determination, the data subject must submit the appeal in writing to the commissioner of administration within either 60 or 180 days. Minnesota rules part 1205.1600 subpart 3 lists the information that the data subject must give to the commissioner before the appeal request is considered complete. The commissioner will not take action on incomplete appeals. Section 13.04 subdivision 4 requires the commissioner to try to resolve an appeal informally before issuing an order and notice of hearing. The commissioner will contact the data subject and the responsible authority to see if they are willing to participate in the informal resolution process. If either party refuses, the commissioner will issue an order and notice of hearing. The parties may voluntarily resolve the data's dispute at any time prior to the hearing under Minnesota statute section 14.59. If efforts to resolve the appeal informally are unsuccessful, the appeals process becomes a contested case hearing. The commissioner must give both parties reasonable notice of the hearing and state the issues that will be considered at the hearing. The data subject has the burden to prove that the data in question are inaccurate or incomplete. The data subject must submit all evidence at the hearing and it will become part of the official hearing record. Neither the administrative law judge nor the commissioner will consider evidence which is not included in the official record. The judge will consider recommendations to the commissioner. The recommendations are not binding on the commissioner, who must make the final determination regarding the appeal. Each party has 10 days after receiving the judge's recommendations to present additional arguments to the commissioner. After this 10-day period, the official hearing record is closed. Once the record is closed, the commissioner issues an order and opinion with findings of fact and legal conclusions. This opinion is the final decision on the appeal. In most cases, the data challenge appeal process is completed after the commissioner issues the final order. However, either party may appeal the commissioner's decision. A party may appeal to the Minnesota Court of Appeals within 30 days after the commissioner issues the order. This kind of appeal often involves complex legal issues, so the parties may wish to consult with an attorney. Thank you for viewing this brief presentation on data challenge appeals. Please visit DPR's website for more in-depth information, and please contact us if you have questions.