1998 Minnesota Statutes

     15.99 Time deadline for agency action. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "agency" means a department, agency, board, commission, 
 or other group in the executive branch of state government; a 
 statutory or home rule charter city, county, town, or school 
 district; any metropolitan agency or regional entity; and any 
 other political subdivision of the state. 

    Subd. 2.    Deadline for response.  Except as otherwise 
 provided in this section and notwithstanding any other law to 
 the contrary, an agency must approve or deny within 60 days a 
 written request relating to zoning, septic systems, or expansion 
 of the metropolitan urban service area for a permit, license, or 
 other governmental approval of an action.  Failure of an agency 
 to deny a request within 60 days is approval of the request.  If 
 an agency denies the request, it must state in writing the 
 reasons for the denial at the time that it denies the request. 

    Subd. 3.    Application; extensions.  (a) The time limit 
 in subdivision 2 begins upon the agency's receipt of a written 
 request containing all information required by law or by a 
 previously adopted rule, ordinance, or policy of the agency.  If 
 an agency receives a written request that does not contain all 
 required information, the 60-day limit starts over only if the 
 agency sends notice within ten business days of receipt of the 
 request telling the requester what information is missing. 

    (b) If an action relating to zoning, septic systems, or 
 expansion of the metropolitan urban service area requires the 
 approval of more than one state agency in the executive branch, 
 the 60-day period in subdivision 2 begins to run for all 
 executive branch agencies on the day a request containing all 
 required information is received by one state agency.  The 
 agency receiving the request must forward copies to other state 
 agencies whose approval is required. 

    (c) An agency response meets the 60-day time limit if the 
 agency can document that the response was sent within 60 days of 
 receipt of the written request. 

    (d) The time limit in subdivision 2 is extended if a state 
 statute, federal law, or court order requires a process to occur 
 before the agency acts on the request, and the time periods 
 prescribed in the state statute, federal law, or court order 
 make it impossible to act on the request within 60 days.  In 
 cases described in this paragraph, the deadline is extended to 
 60 days after completion of the last process required in the 
 applicable statute, law, or order.  Final approval of an agency 
 receiving a request is not considered a process for purposes of 
 this paragraph. 

    (e) The time limit in subdivision 2 is extended if:  (1) a 
 request submitted to a state agency requires prior approval of a 
 federal agency; or (2) an application submitted to a city, 
 county, town, school district, metropolitan or regional entity, 
 or other political subdivision requires prior approval of a 
 state or federal agency.  In cases described in this paragraph, 
 the deadline for agency action is extended to 60 days after the 
 required prior approval is granted. 

    (f) An agency may extend the time limit in subdivision 2 
 before the end of the initial 60-day period by providing written 
 notice of the extension to the applicant.  The notification must 
 state the reasons for the extension and its anticipated length, 
 which may not exceed 60 days unless approved by the applicant. 

    HIST: 1995 c 248 art 18 s 1; 1996 c 283 s 1