GH Holdings, LLC v. Minnesota Department of Commerce

OPINION

SCHELLHAS, Judge.

Invoking this court’s original jurisdiction under Minn.Stat. §§ 14.44-.45 (2012), petitioner challenges the validity of Minn. R. 2890.4600, subp. 2(A), which purports to limit the evidence in a contested case to the evidence previously submitted to respondent board. Petitioner argues that rule 2890.4600, subpart 2(A), exceeds respondent-board’s statutory authority and violates petitioner’s right to due process. Because we conclude that respondent-board exceeded its statutory authority in adopting the rule, we declare the rule to be invalid. We therefore do not address…