HF 879

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to governmental operations; providing for 
  1.3             regulatory relief for local units of government; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 14. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [14.091] [PETITION; UNIT OF LOCAL GOVERNMENT.] 
  1.8      (a) The elected governing body of a unit of local 
  1.9   government may petition for amendment or repeal of a rule or a 
  1.10  specified portion of a rule.  The petition must be adopted by 
  1.11  resolution of the elected governing body and must be submitted 
  1.12  in writing to the agency and to the office of administrative 
  1.13  hearings, must specify what amendment or repeal is requested, 
  1.14  and must demonstrate that one of the following have become 
  1.15  available since the adoption of the rule in question: 
  1.16     (1) new evidence relating to the need for or reasonableness 
  1.17  of the rule; or 
  1.18     (2) less costly or intrusive methods of achieving the 
  1.19  purpose of the rule. 
  1.20     (b) Within 30 days of receiving a petition, an agency shall 
  1.21  reply to the petitioner in writing stating either that the 
  1.22  agency, within 90 days of the date of the reply, will give 
  1.23  notice under section 14.14 or 14.22 of intent to adopt the 
  1.24  amendment or repeal requested by the petitioner or that the 
  1.25  agency does not intend to amend or repeal the rule and has 
  2.1   requested the office of administrative hearings to review the 
  2.2   petition. 
  2.3      (c) Upon receipt of an agency request under paragraph (b), 
  2.4   the chief administrative law judge shall assign an 
  2.5   administrative law judge to review the petition to determine 
  2.6   whether the petitioner has complied with the requirements of 
  2.7   paragraph (a).  In conducting the review, the administrative law 
  2.8   judge may consult with and consider written material submitted 
  2.9   by the petitioner, the agency, or other interested persons.  The 
  2.10  administrative law judge shall dismiss the petition if the judge 
  2.11  determines that the petitioner has not complied with the 
  2.12  requirements of paragraph (a). 
  2.13     (d) If the administrative law judge assigned by the chief 
  2.14  administrative law judge determines that the petitioner has 
  2.15  complied with the requirements of paragraph (a), the 
  2.16  administrative law judge shall conduct a hearing on the petition 
  2.17  within 120 days of its receipt by the office of administrative 
  2.18  hearings.  The agency shall give notice of the hearing in the 
  2.19  same manner required for notice of a proposed rule hearing under 
  2.20  section 14.14, subdivision 1a.  At the public hearing, the 
  2.21  agency shall make an affirmative presentation of facts 
  2.22  establishing the need for and reasonableness of the rule or 
  2.23  portion of the rule in question.  If the administrative law 
  2.24  judge determines that the agency has not established the 
  2.25  continued need for and reasonableness of the rule or portion of 
  2.26  the rule, the rule or portion of the rule does not have the 
  2.27  force of law, effective 90 days after the administrative law 
  2.28  judge's decision or upon adjournment of the next regular session 
  2.29  of the legislature, whichever is later.  The chief 
  2.30  administrative law judge shall report the decision within 30 
  2.31  days to the chairs of the house and senate committees having 
  2.32  jurisdiction over governmental operations and the chairs of the 
  2.33  house and senate committees having jurisdiction over the agency 
  2.34  whose rule was the subject of the petition. 
  2.35     (e) Before giving notice under section 14.14 or 14.22 of 
  2.36  intent to adopt the amendment or repeal requested by the 
  3.1   petitioner, the agency shall, as soon as feasible, give notice 
  3.2   under section 14.101. 
  3.3      (f) The chief administrative law judge shall assess a 
  3.4   petitioner half the cost of processing a petition and conducting 
  3.5   a public hearing under this section.