The board shall deny or reduce, by a minimum of 25 percent, any claim submitted by or on behalf of a person who the board finds has engaged in any of the following acts or behavior that contributed to the injury for which the claim is filed:
A. used fighting words, obscene or threatening gestures, or other provocation, including use of gang or hate group hand signs, colors, symbols, or statements;B. knowingly and willingly been in a vehicle operated by a person who is under the influence of alcohol or a controlled substance;C. consumed alcohol or a controlled substance or other mood altering substances;D. unlawfully possessed a controlled substance;E. planned, conspired, or attempted to unlawfully use, procure, distribute, or sell a controlled substance;F. was a confirmed member or associate of a gang or hate group; orG. failed to retreat or withdraw from a situation where an option to do so was readily available. Any of these provisions may be waived in cases of domestic abuse or sexual assault.
Minn. R. agency 124, ch. 3050, pt. 3050.2900
13 SR 661; 23 SR 519; 31 SR 804Statutory Authority: MS s 611A.56; 611A.60