State of Minnesota
in Court of Appeals
C3-95-2202
Kjell J. Rodne, Relator, vs. Commissioner of Human Services, Respondent. Filed May 14, 1996 Remanded Peterson, Judge Department of Human Services File No. C-950010
Michael S. Gerlach, Running & Gerlach, Suite 200, 101 West Seventh Street, Duluth, MN 55802 (for Relator) Hubert H. Humphrey, III, Attorney General, Kim Buechel Mesun, Assistant Attorney General, 900 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101 (for Respondent) Considered and decided by Harten, Presiding Judge, Huspeni, Judge, and Peterson, Judge. Syllabus When an individual disqualified pursuant to Minn. Stat. § 245A.04, subd. 3a (1994) requests reconsideration of the notice of disqualification pursuant to Minn. Stat. § 245A.04, subd. 3b(a) (1994), a determination by the Commissioner of Human Services on reconsideration is a final agency decision, reviewable by this court by writ of certiorari to determine whether the determination is arbitrary, oppressive, unreasonable, or fraudulent, or made under an erroneous theory of law or without any evidence to support it. A request for reconsideration on grounds that the information relied upon by the Commissioner is incorrect pursuant to Minn. Stat. § 245A.04, subd. 3b(a) (1) is not a challenge to the accuracy or completeness of data pursuant to Minn. Stat. § 13.04, subd. 4(a) (1994), the Minnesota government data practices act. When determining whether the information relied upon by the Commissioner is incorrect pursuant to Minn. Stat. § 245A.04, subd. 3b(b) (1994), the Commissioner may not disregard the information presented by the disqualified individual pursuant to Minn. Stat. § 245A.04, subd. 3b(a). Remanded.