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Functions of the Minnesota Attorney General's Office
FUNCTIONS OF THE MINNESOTA ATTORNEY GENERAL’S OFFICE
The Minnesota Attorney General’s Office wears many hats. The Office directly enforces the State of Minnesota’s consumer protection, antitrust, charities, and medical assistance fraud laws. It also serves as legal counsel for all state executive branch agencies, both representing them in enforcement actions and defending them in lawsuits.
While many people are familiar with the Office’s consumer protection work, they may be less familiar with its representation of state agencies. In each of the following types of cases, the State agency bringing the enforcement action will be represented by an attorney from the Minnesota Attorney General’s Office:
The Minnesota Department of Commerce moves to suspend the professional license of an insurance agent for selling unsuitable insurance policies.
The Minnesota Board of Medical Practice brings a disciplinary proceeding against a physician for violating “professional boundaries” with a patient.
The Minnesota Department of Human Services seeks to recoup claim payments made to a home health care agency.
Representation of State Agencies.
The Attorney General’s Office “shall act as the attorney for all state officers and all boards or commissions created by law in all matters pertaining to their official duties.” Minn. Stat. § 8.06. The Attorney General’s Office represents over 100 state agencies, boards, and commissions. This includes everything from defending State agencies in routine employment law and tort litigation to serving as the legal counsel for state agencies in their enforcement actions against licensed businesses and professionals.
The Office provides legal advice and opinions to State agencies and upon request may provide written legal opinions to counties, cities, and other governmental entities on “questions of public importance.” Minn. Stat. § 8.07.
The Office also defends the constitutionality of state statutes. It may do so by directly representing State defendants in constitutional challenges or by intervening in or filing amicus curiae briefs in private litigation involving the constitutionality of state statutes.
The Office’s attorneys who represent state agencies are experienced subject matter experts in their areas of law.
Health Licensing Boards.
There are nearly 20 health licensing boards that license and regulate health care professionals in Minnesota. These include the (1) Minnesota Board of Medical Practice (physicians and certain allied professionals), (2) the Minnesota Board of Psychology (psychologists), (3) the Minnesota Board of Dentistry (dentists and certain allied professionals), (4) the Minnesota Board of Behavioral Health and Therapy (drug and alcohol counselors, professional counselors, and professional clinical counselors), and the Minnesota Board of Chiropractors (chiropractors), among others. The Health Professionals Services Program (HPSP) also has authority to monitor health care professionals who suffer from impairment, such as chemical dependency, and receives legal representation from the Attorney General’s Office.
Most state agencies conduct their own investigations and involve the Attorney General’s Office when legal representation is needed, such as when the agency wants to bring an enforcement proceeding. With the occupational health boards, however, the Attorney General’s Office fills a dual role: it both assists the boards in investigating cases and represents the boards in any ensuing disciplinary proceeding. See Minn. Stat. § 214.10, subd. 2.
A health professional may be interviewed by an investigator with the Attorney General’s Office, appear before a committee of the Board (where an attorney with the Attorney General’s Office is present), and then litigate against a different attorney with the Attorney General’s Office (who is representing the Board) in a contested disciplinary proceeding.
The law firm of Swanson Hatch, P.A. represents businesses and licensed professionals in legal compliance and enforcement matters, among other things. Former Minnesota Attorneys General Lori Swanson and Mike Hatch have decades of legal experience in the application of state laws to businesses and regulated professionals. Prior to her twelve years as Minnesota Attorney General, Lori Swanson previously served as Solicitor General and Deputy Attorney General of the State of Minnesota and chaired the Federal Reserve Board’s Consumer Advisory Council in Washington, D.C. Before he became Attorney General, Mike Hatch previously served as Commissioner of the Minnesota Department of Commerce for eight years. Lori Swanson can be reached at lswanson@swansonhatch.com, or at 612-315-3037. Mike Hatch can be reached at mhatch@swansonhatch.com, or at 612-315-3037. The firm’s website is www.swansonhatch.com.
AGO Enforcement Litigation.
The Attorney General’s Office has authority to enforce the State’s consumer protection, antitrust, and charitable and nonprofit laws. Minn. Stat. § 8.31, subd. 1. When the Office has “reasonable grounds” to believe that a person “has violated, or is about to violate” those laws, the Office may obtain pre-litigation discovery as part of its investigation. Id. at subd. 2. This is done through the issuance of a Civil Investigative Demand (“CID”). Id. A CID may include written interrogatories and/or requests for production of documents. Id. The Office may also take testimony by depositions before the commencement of a lawsuit. Id. The attorneys and investigators who enforce these laws are talented and well-versed in conducting government enforcement actions and investigations.
The Attorney General’s Office may move to compel compliance with its pre-litigation discovery by application to the district court. Minn. Stat. § 8.31, subd. 2a. A person who is served such discovery may also move for a protective order. Minn. Stat. § 8.31, subd. 2 (“the applicable protective provisions of rules 26.02, 26.03, and 30.04 of the Rule of Civil Procedure for the district courts shall apply to any discovery procedures….”)
The Office may file lawsuits to enforce the consumer protection, charities/nonprofit, and antitrust laws. The Office may pursue injunctive relief to prevent and restrain violations of these laws, the payment of civil penalties, and restitution for injured persons. Minn. Stat. 8.31, subds. 3 and 3a. The courts may award civil penalties “in an amount to be determined by the court, not in excess of $25,000” for violations of the statutes. Minn. Stat. § 8.31, subd. 3. The fines can quickly mount for repeated violations of the law.
The Attorney General’s Office may enter into an “Assurance of Discontinuance” with persons who the Office believes have engaged in violations of these laws. Minn. Stat. § 8.31, subd. 2b. Assurances of Discontinuance shall be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has its principal place of business or in Ramsey County (St. Paul). Id. An Assurance of Discontinuance “shall not be considered an admission of a violation for any purpose.” Id. Failure to comply with an assurance “shall be punishable as contempt.” Id.
The Office also has a Medicaid Fraud Control Unit (MFCU) which may conduct investigations and bring criminal and civil proceedings to recover improper claim payments under the Medical Assistance program. The Office also has authority to pursue recoveries of false claims against the state (Minn. Stat. § 15C.04) and to intervene in false claims actions brought by private parties (Minn. Stat. § 15C.05).
Conclusion.
The Minnesota Attorney General’s Office plays a broad and important role in the justice system in Minnesota. It directly brings claims under its own authority. It also represents State agencies by providing legal advice and litigation assistance in actions under the agency’s authority. Many court decisions over the years have shaped and defined the authority of the Attorney General’s Office. Some of these will be discussed in a future article.
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www.swansonhatch.com
431 S Seventh Street, Suite 2545
Minneapolis, MN 55415 612-315-3037
The materials in this article are for informational purposes and do not constitute legal advice, nor does your unsolicited transmission of information to us create a lawyer-client relationship. Sending us an email will not make you a client of our firm. Until we have agreed to represent you, nothing you send us will be confidential or privileged. Readers should not act on information contained in this article without seeking professional counsel. The best way for you to inquire about possible representation is to contact an attorney of the firm. Actual results depend on the specific factual and legal circumstances of each client’s case. Past results do not guarantee future results in any matter.
The Minnesota Attorney General’s Office wears many hats. The Office directly enforces the State of Minnesota’s consumer protection, antitrust, charities, and medical assistance fraud laws. It also serves as legal counsel for all state executive branch agencies, both representing them in enforcement actions and defending them in lawsuits.
While many people are familiar with the Office’s consumer protection work, they may be less familiar with its representation of state agencies. In each of the following types of cases, the State agency bringing the enforcement action will be represented by an attorney from the Minnesota Attorney General’s Office:
Representation of State Agencies.
The Attorney General’s Office “shall act as the attorney for all state officers and all boards or commissions created by law in all matters pertaining to their official duties.” Minn. Stat. § 8.06. The Attorney General’s Office represents over 100 state agencies, boards, and commissions. This includes everything from defending State agencies in routine employment law and tort litigation to serving as the legal counsel for state agencies in their enforcement actions against licensed businesses and professionals.
The Office provides legal advice and opinions to State agencies and upon request may provide written legal opinions to counties, cities, and other governmental entities on “questions of public importance.” Minn. Stat. § 8.07.
The Office also defends the constitutionality of state statutes. It may do so by directly representing State defendants in constitutional challenges or by intervening in or filing amicus curiae briefs in private litigation involving the constitutionality of state statutes.
The Office’s attorneys who represent state agencies are experienced subject matter experts in their areas of law.
Health Licensing Boards.
There are nearly 20 health licensing boards that license and regulate health care professionals in Minnesota. These include the (1) Minnesota Board of Medical Practice (physicians and certain allied professionals), (2) the Minnesota Board of Psychology (psychologists), (3) the Minnesota Board of Dentistry (dentists and certain allied professionals), (4) the Minnesota Board of Behavioral Health and Therapy (drug and alcohol counselors, professional counselors, and professional clinical counselors), and the Minnesota Board of Chiropractors (chiropractors), among others. The Health Professionals Services Program (HPSP) also has authority to monitor health care professionals who suffer from impairment, such as chemical dependency, and receives legal representation from the Attorney General’s Office.
Most state agencies conduct their own investigations and involve the Attorney General’s Office when legal representation is needed, such as when the agency wants to bring an enforcement proceeding. With the occupational health boards, however, the Attorney General’s Office fills a dual role: it both assists the boards in investigating cases and represents the boards in any ensuing disciplinary proceeding. See Minn. Stat. § 214.10, subd. 2.
A health professional may be interviewed by an investigator with the Attorney General’s Office, appear before a committee of the Board (where an attorney with the Attorney General’s Office is present), and then litigate against a different attorney with the Attorney General’s Office (who is representing the Board) in a contested disciplinary proceeding.
AGO Enforcement Litigation.
The Attorney General’s Office has authority to enforce the State’s consumer protection, antitrust, and charitable and nonprofit laws. Minn. Stat. § 8.31, subd. 1. When the Office has “reasonable grounds” to believe that a person “has violated, or is about to violate” those laws, the Office may obtain pre-litigation discovery as part of its investigation. Id. at subd. 2. This is done through the issuance of a Civil Investigative Demand (“CID”). Id. A CID may include written interrogatories and/or requests for production of documents. Id. The Office may also take testimony by depositions before the commencement of a lawsuit. Id. The attorneys and investigators who enforce these laws are talented and well-versed in conducting government enforcement actions and investigations.
The Attorney General’s Office may move to compel compliance with its pre-litigation discovery by application to the district court. Minn. Stat. § 8.31, subd. 2a. A person who is served such discovery may also move for a protective order. Minn. Stat. § 8.31, subd. 2 (“the applicable protective provisions of rules 26.02, 26.03, and 30.04 of the Rule of Civil Procedure for the district courts shall apply to any discovery procedures….”)
The Office may file lawsuits to enforce the consumer protection, charities/nonprofit, and antitrust laws. The Office may pursue injunctive relief to prevent and restrain violations of these laws, the payment of civil penalties, and restitution for injured persons. Minn. Stat. 8.31, subds. 3 and 3a. The courts may award civil penalties “in an amount to be determined by the court, not in excess of $25,000” for violations of the statutes. Minn. Stat. § 8.31, subd. 3. The fines can quickly mount for repeated violations of the law.
The Attorney General’s Office may enter into an “Assurance of Discontinuance” with persons who the Office believes have engaged in violations of these laws. Minn. Stat. § 8.31, subd. 2b. Assurances of Discontinuance shall be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has its principal place of business or in Ramsey County (St. Paul). Id. An Assurance of Discontinuance “shall not be considered an admission of a violation for any purpose.” Id. Failure to comply with an assurance “shall be punishable as contempt.” Id.
The Office also has a Medicaid Fraud Control Unit (MFCU) which may conduct investigations and bring criminal and civil proceedings to recover improper claim payments under the Medical Assistance program. The Office also has authority to pursue recoveries of false claims against the state (Minn. Stat. § 15C.04) and to intervene in false claims actions brought by private parties (Minn. Stat. § 15C.05).
Conclusion.
The Minnesota Attorney General’s Office plays a broad and important role in the justice system in Minnesota. It directly brings claims under its own authority. It also represents State agencies by providing legal advice and litigation assistance in actions under the agency’s authority. Many court decisions over the years have shaped and defined the authority of the Attorney General’s Office. Some of these will be discussed in a future article.
www.swansonhatch.com
431 S Seventh Street, Suite 2545
Minneapolis, MN 55415
612-315-3037
The materials in this article are for informational purposes and do not constitute legal advice, nor does your unsolicited transmission of information to us create a lawyer-client relationship. Sending us an email will not make you a client of our firm. Until we have agreed to represent you, nothing you send us will be confidential or privileged. Readers should not act on information contained in this article without seeking professional counsel. The best way for you to inquire about possible representation is to contact an attorney of the firm. Actual results depend on the specific factual and legal circumstances of each client’s case. Past results do not guarantee future results in any matter.
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Swanson | Hatch, P.A.
431 S. 7th Street, Suite #2545
Minneapolis, MN 55415
612-315-3037
www.swansonhatch.com