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HF 2334

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to state government; regulating rulemaking; modifying the requirements
for rule adoption petitions; amending Minnesota Statutes 2006, section 14.09.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 14.09, is amended to read:


14.09 PETITION FOR ADOPTION OF RULE.

Any person may petition an agency requesting the adoption, amendment, or repeal
of any rule. The petition deleted text begin shalldeleted text end new text begin mustnew text end be specific as to what action is requested and the need
for the action. Upon receiving a petition an agency deleted text begin shall have 60 days in which to makedeleted text end new text begin
must reply to the petitioner within 60 days withnew text end a specific and detailed reply in writing as
to its planned disposition of the request and the reasons for its planned disposition of the
request. new text begin If the agency does not reply to the petitioner within 60 days, the agency shall pay
the petitioner $50 per day up to a maximum of 120 days for penalty for noncompliance
with this section. Unless the agency replies to the petitioner in writing as to the planned
disposition of the request, the agency must publish the notice under section 14.101 on the
requested rule change by the petitioner 180 days after receiving the petition requesting
adoption, amendment, or repeal of a rule. The agency must adopt the requested rule
change by the petitioner within one year of the date that the petition was received. Any
claims paid by an agency to a petitioner for noncompliance within the 60-day time limit
must be reported to the legislative committee with oversight of the agency. new text end If the agency
states its intention to hold a public hearing on the subject of the request, it shall proceed
according to sections 14.05 to 14.28. The chief administrative law judge shall prescribe by
rule the form for all petitions under this section and may prescribe further procedures for
their submission, consideration, and disposition.