1.1                          A bill for an act 
  1.2             relating to state government; requiring notice to the 
  1.3             commissioner of agriculture and certain other actions 
  1.4             before an agency adopts or repeals rules that affect 
  1.5             farming operations; providing for development of best 
  1.6             management practices for feedlots; changing 
  1.7             requirements for animal feedlot permits and sewage 
  1.8             treatment system licenses; allowing composting of 
  1.9             sheep carcasses; regulating administrative rulemaking; 
  1.10            revising the procedures for the adoption and review of 
  1.11            agency rules; requiring fees to cover costs; making 
  1.12            technical changes; appropriating money; amending 
  1.13            Minnesota Statutes 1994, sections 3.842, subdivisions 
  1.14            2, 4, and by adding a subdivision; 4A.05, subdivision 
  1.15            2; 14.04; 14.05, subdivision 2, and by adding a 
  1.16            subdivision; 14.06; 14.08; 14.09; 14.131; 14.14, 
  1.17            subdivision 1a, and by adding a subdivision; 14.15, 
  1.18            subdivisions 3 and 4; 14.16, subdivision 1; 14.18, 
  1.19            subdivision 1; 14.19; 14.22, subdivision 1; 14.23; 
  1.20            14.24; 14.25; 14.26; 14.365; 14.48; 14.51; 16A.1285, 
  1.21            subdivisions 2, 4, and 5; 17.138, by adding a 
  1.22            subdivision; 17.84; 18E.03, subdivision 3; 35.82, 
  1.23            subdivision 2; 43A.04, by adding a subdivision; 
  1.24            62N.05, by adding a subdivision; 84.027, by adding a 
  1.25            subdivision; 115.55, subdivision 2; 115.56, 
  1.26            subdivision 2; 116.07, subdivisions 4, 4d, and 7; 
  1.27            144.98, subdivision 3; 221.0335; 326.2421, subdivision 
  1.28            3; and 341.10; Minnesota Rules, parts 1540.2140; 
  1.29            7001.0140, subpart 2; 7001.0180; 8130.3500, subpart 3; 
  1.30            and 8130.6500, subpart 5; proposing coding for new law 
  1.31            in Minnesota Statutes, chapters 14; and 97A; repealing 
  1.32            Minnesota Statutes 1994, sections 3.846; 14.10; 14.11; 
  1.33            14.115; 14.12; 14.1311; 14.235; 14.29; 14.30; 14.305; 
  1.34            14.31; 14.32; 14.33; 14.34; 14.35; 14.36; and 17.83; 
  1.35            Minnesota Rules, chapters 2650; 7047; 7600; 7625; and 
  1.36            9540; Minnesota Rules, parts 1540.0010, subparts 12, 
  1.37            18, 21, 22, and 24; 1540.0060; 1540.0070; 1540.0080; 
  1.38            1540.0100; 1540.0110; 1540.0120; 1540.0130; 1540.0140; 
  1.39            1540.0150; 1540.0160; 1540.0170; 1540.0180; 1540.0190; 
  1.40            1540.0200; 1540.0210; 1540.0220; 1540.0230; 1540.0240; 
  1.41            1540.0260; 1540.0320; 1540.0330; 1540.0340; 1540.0350; 
  1.42            1540.0370; 1540.0380; 1540.0390; 1540.0400; 1540.0410; 
  1.43            1540.0420; 1540.0440; 1540.0450; 1540.0460; 1540.0490; 
  1.44            1540.0500; 1540.0510; 1540.0520; 1540.0770; 1540.0780; 
  1.45            1540.0800; 1540.0810; 1540.0830; 1540.0880; 1540.0890; 
  1.46            1540.0900; 1540.0910; 1540.0920; 1540.0930; 1540.0940; 
  2.1             1540.0950; 1540.0960; 1540.0970; 1540.0980; 1540.0990; 
  2.2             1540.1000; 1540.1005; 1540.1010; 1540.1020; 1540.1030; 
  2.3             1540.1040; 1540.1050; 1540.1060; 1540.1070; 1540.1080; 
  2.4             1540.1090; 1540.1100; 1540.1110; 1540.1120; 1540.1130; 
  2.5             1540.1140; 1540.1150; 1540.1160; 1540.1170; 1540.1180; 
  2.6             1540.1190; 1540.1200; 1540.1210; 1540.1220; 1540.1230; 
  2.7             1540.1240; 1540.1250; 1540.1255; 1540.1260; 1540.1280; 
  2.8             1540.1290; 1540.1300; 1540.1310; 1540.1320; 1540.1330; 
  2.9             1540.1340; 1540.1350; 1540.1360; 1540.1380; 1540.1400; 
  2.10            1540.1410; 1540.1420; 1540.1430; 1540.1440; 1540.1450; 
  2.11            1540.1460; 1540.1470; 1540.1490; 1540.1500; 1540.1510; 
  2.12            1540.1520; 1540.1530; 1540.1540; 1540.1550; 1540.1560; 
  2.13            1540.1570; 1540.1580; 1540.1590; 1540.1600; 1540.1610; 
  2.14            1540.1620; 1540.1630; 1540.1640; 1540.1650; 1540.1660; 
  2.15            1540.1670; 1540.1680; 1540.1690; 1540.1700; 1540.1710; 
  2.16            1540.1720; 1540.1730; 1540.1740; 1540.1750; 1540.1760; 
  2.17            1540.1770; 1540.1780; 1540.1790; 1540.1800; 1540.1810; 
  2.18            1540.1820; 1540.1830; 1540.1840; 1540.1850; 1540.1860; 
  2.19            1540.1870; 1540.1880; 1540.1890; 1540.1900; 1540.1905; 
  2.20            1540.1910; 1540.1920; 1540.1930; 1540.1940; 1540.1950; 
  2.21            1540.1960; 1540.1970; 1540.1980; 1540.1990; 1540.2000; 
  2.22            1540.2010; 1540.2015; 1540.2020; 1540.2090; 1540.2100; 
  2.23            1540.2110; 1540.2120; 1540.2180; 1540.2190; 1540.2200; 
  2.24            1540.2210; 1540.2220; 1540.2230; 1540.2240; 1540.2250; 
  2.25            1540.2260; 1540.2270; 1540.2280; 1540.2290; 1540.2300; 
  2.26            1540.2310; 1540.2320; 1540.2325; 1540.2330; 1540.2340; 
  2.27            1540.2350; 1540.2360; 1540.2370; 1540.2380; 1540.2390; 
  2.28            1540.2400; 1540.2410; 1540.2420; 1540.2430; 1540.2440; 
  2.29            1540.2450; 1540.2490; 1540.2500; 1540.2510; 1540.2530; 
  2.30            1540.2540; 1540.2550; 1540.2560; 1540.2570; 1540.2580; 
  2.31            1540.2590; 1540.2610; 1540.2630; 1540.2640; 1540.2650; 
  2.32            1540.2660; 1540.2720; 1540.2730; 1540.2740; 1540.2760; 
  2.33            1540.2770; 1540.2780; 1540.2790; 1540.2800; 1540.2810; 
  2.34            1540.2820; 1540.2830; 1540.2840; 1540.3420; 1540.3430; 
  2.35            1540.3440; 1540.3450; 1540.3460; 1540.3470; 1540.3560; 
  2.36            1540.3600; 1540.3610; 1540.3620; 1540.3630; 1540.3700; 
  2.37            1540.3780; 1540.3960; 1540.3970; 1540.3980; 1540.3990; 
  2.38            1540.4000; 1540.4010; 1540.4020; 1540.4030; 1540.4040; 
  2.39            1540.4080; 1540.4190; 1540.4200; 1540.4210; 1540.4220; 
  2.40            1540.4320; 1540.4330; 1540.4340; 2642.0120, subpart 1; 
  2.41            2655.1000; 2660.0070; 2770.7400; 4610.2210; 7002.0410 
  2.42            to 7002.0490; 7100.0300 to 7100.0350; 7510.6100 to 
  2.43            7510.6910; 8120.1100, subpart 3; 8121.0500, subpart 2; 
  2.44            and 8130.9912 to 8130.9992. 
  2.45  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.46                             ARTICLE 1
  2.47     Section 1.  [14.111] [FARMING OPERATIONS.] 
  2.48     Before an agency adopts or repeals rules that affect 
  2.49  farming operations, the agency must provide a copy of the 
  2.50  proposed rule change to the commissioner of agriculture, no 
  2.51  later than 30 days prior to publication of the proposed rule in 
  2.52  the State Register.  
  2.53     A rule may not be invalidated for failure to comply with 
  2.54  this subdivision if an agency has made a good faith effort to 
  2.55  comply. 
  2.56     Sec. 2.  Minnesota Statutes 1994, section 14.14, is amended 
  2.57  by adding a subdivision to read: 
  3.1      Subd. 1b.  [FARMING OPERATIONS.] When a public hearing is 
  3.2   conducted on a proposed rule that affects farming operations, at 
  3.3   least one public hearing must be conducted in an agricultural 
  3.4   area of the state. 
  3.5      Sec. 3.  Minnesota Statutes 1994, section 17.138, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 3.  [BEST MANAGEMENT PRACTICES.] The commissioner of 
  3.8   the pollution control agency, in consultation with the 
  3.9   commissioner and the feedlot and manure management advisory 
  3.10  committee, shall develop voluntary best management practices for 
  3.11  odor control at feedlots. 
  3.12     Sec. 4.  Minnesota Statutes 1994, section 35.82, 
  3.13  subdivision 2, is amended to read: 
  3.14     Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
  3.15  provided in subdivision 1b and paragraph (d), every person 
  3.16  owning or controlling any domestic animal that has died or been 
  3.17  killed otherwise than by being slaughtered for human or animal 
  3.18  consumption, shall as soon as reasonably possible bury the 
  3.19  carcass at least three feet deep in the ground or thoroughly 
  3.20  burn it or dispose of it by another method approved by the board 
  3.21  as being effective for the protection of public health and the 
  3.22  control of livestock diseases.  The board, through its executive 
  3.23  secretary, may issue permits to owners of rendering plants 
  3.24  located in Minnesota which are operated and conducted as 
  3.25  required by law, to transport carcasses of domestic animals and 
  3.26  fowl that have died, or have been killed otherwise than by being 
  3.27  slaughtered for human or animal consumption, over the public 
  3.28  highways to their plants for rendering purposes in accordance 
  3.29  with the rules adopted by the board relative to transportation, 
  3.30  rendering, and other provisions the board considers necessary to 
  3.31  prevent the spread of disease.  The board may issue permits to 
  3.32  owners of rendering plants located in an adjacent state with 
  3.33  which a reciprocal agreement is in effect under subdivision 3. 
  3.34     (b) Carcasses collected by rendering plants under permit 
  3.35  may be used for pet food or mink food if the owner or operator 
  3.36  meets the requirements of subdivision 1b. 
  4.1      (c) An authorized employee or agent of the board may enter 
  4.2   private or public property and inspect the carcass of any 
  4.3   domestic animal that has died or has been killed other than by 
  4.4   being slaughtered for human or animal consumption.  Failure to 
  4.5   dispose of the carcass of any domestic animal within the period 
  4.6   specified by this subdivision is a public nuisance.  The board 
  4.7   may petition the district court of the county in which a carcass 
  4.8   is located for a writ requiring the abatement of the public 
  4.9   nuisance.  A civil action commenced under this paragraph does 
  4.10  not preclude a criminal prosecution under this section.  No 
  4.11  person may sell, offer to sell, give away, or convey along a 
  4.12  public road or on land the person does not own, the carcass of a 
  4.13  domestic animal when the animal died or was killed other than by 
  4.14  being slaughtered for human or animal consumption unless it is 
  4.15  done with a special permit pursuant to this section.  The 
  4.16  carcass or parts of a domestic animal that has died or has been 
  4.17  killed other than by being slaughtered for human or animal 
  4.18  consumption may be transported along a public road for a medical 
  4.19  or scientific purpose if the carcass is enclosed in a leakproof 
  4.20  container to prevent spillage or the dripping of liquid waste.  
  4.21  The board may adopt rules relative to the transportation of the 
  4.22  carcass of any domestic animal for a medical or scientific 
  4.23  purpose.  A carcass on a public thoroughfare may be transported 
  4.24  for burial or other disposition in accordance with this section. 
  4.25     No person who owns or controls diseased animals shall 
  4.26  negligently or willfully permit them to escape from that control 
  4.27  or to run at large. 
  4.28     (d) A sheep producer may compost sheep carcasses owned by 
  4.29  the producer on the producer's land without a permit and is 
  4.30  exempt from compost facility specifications contained in rules 
  4.31  of the board. 
  4.32     (e) The board shall develop best management practices for 
  4.33  dead animal disposal and the pollution control agency feedlot 
  4.34  program shall distribute them to livestock producers in the 
  4.35  state. 
  4.36     Sec. 5.  Minnesota Statutes 1994, section 115.55, 
  5.1   subdivision 2, is amended to read: 
  5.2      Subd. 2.  [LOCAL ORDINANCES.] (a) Any ordinance adopted by 
  5.3   a local unit of government to regulate individual sewage 
  5.4   treatment systems must be in compliance with the individual 
  5.5   sewage treatment system rules by January 1, 1996 1998. 
  5.6      (b) A copy of each ordinance adopted under this subdivision 
  5.7   must be submitted to the commissioner upon adoption. 
  5.8      Sec. 6.  Minnesota Statutes 1994, section 115.56, 
  5.9   subdivision 2, is amended to read: 
  5.10     Subd. 2.  [LICENSE REQUIRED.] (a) Except as provided in 
  5.11  paragraph (b), after March 31, 1996, a person may not design, 
  5.12  install, maintain, pump, or inspect an individual sewage 
  5.13  treatment system without a license issued by the commissioner. 
  5.14     (b) A license is not required for a person who complies 
  5.15  with the applicable requirements if the person is: 
  5.16     (1) a qualified employee of state or local government who 
  5.17  has passed the examination described in paragraph (d) or a 
  5.18  similar examination; 
  5.19     (2) an individual who constructs an individual sewage 
  5.20  treatment system on land that is owned or leased by the 
  5.21  individual and functions solely as the individual's dwelling or 
  5.22  seasonal dwelling; or 
  5.23     (3) a farmer who pumps and disposes of sewage waste from 
  5.24  individual sewage treatment systems, holding tanks, and privies 
  5.25  on land that is owned or leased by the farmer; or 
  5.26     (4) an individual who performs labor or services for a 
  5.27  person licensed under this section in connection with the 
  5.28  design, installation, maintenance, pumping, or inspection of an 
  5.29  individual sewage treatment system at the direction and under 
  5.30  the personal supervision of a person licensed under this section.
  5.31     A person constructing an individual sewage treatment system 
  5.32  under clause (2) must consult with a site evaluator or designer 
  5.33  before beginning construction.  In addition, the system must be 
  5.34  inspected before being covered and a compliance report must be 
  5.35  provided to the local unit of government after the inspection. 
  5.36     (c) The commissioner, in conjunction with the University of 
  6.1   Minnesota extension service or another higher education 
  6.2   institution, shall ensure adequate training exists for 
  6.3   individual sewage treatment system professionals. 
  6.4      (d) The commissioner shall conduct examinations to test the 
  6.5   knowledge of applicants for licensing and shall issue 
  6.6   documentation of licensing.  
  6.7      (e) Licenses may be issued only upon successful completion 
  6.8   of the required examination and submission of proof of 
  6.9   sufficient experience, proof of general liability insurance, and 
  6.10  a corporate surety bond in the amount of at least $10,000.  
  6.11     (f) Notwithstanding paragraph (e), the examination and 
  6.12  proof of experience are not required for an individual sewage 
  6.13  treatment system professional who, on the effective date of the 
  6.14  rules adopted under subdivision 1, holds a certification 
  6.15  attained by examination and experience under a voluntary 
  6.16  certification program administered by the agency. 
  6.17     (g) Local units of government may not require additional 
  6.18  local licenses for individual sewage treatment system 
  6.19  professionals. 
  6.20     Sec. 7.  Minnesota Statutes 1994, section 116.07, 
  6.21  subdivision 4, is amended to read: 
  6.22     Subd. 4.  [RULES AND STANDARDS.] Pursuant and subject to 
  6.23  the provisions of chapter 14, and the provisions hereof, the 
  6.24  pollution control agency may adopt, amend and rescind rules and 
  6.25  standards having the force of law relating to any purpose within 
  6.26  the provisions of Laws 1967, chapter 882, for the prevention, 
  6.27  abatement, or control of air pollution.  Any such rule or 
  6.28  standard may be of general application throughout the state, or 
  6.29  may be limited as to times, places, circumstances, or conditions 
  6.30  in order to make due allowance for variations therein.  Without 
  6.31  limitation, rules or standards may relate to sources or 
  6.32  emissions of air contamination or air pollution, to the quality 
  6.33  or composition of such emissions, or to the quality of or 
  6.34  composition of the ambient air or outdoor atmosphere or to any 
  6.35  other matter relevant to the prevention, abatement, or control 
  6.36  of air pollution.  
  7.1      Pursuant and subject to the provisions of chapter 14, and 
  7.2   the provisions hereof, the pollution control agency may adopt, 
  7.3   amend, and rescind rules and standards having the force of law 
  7.4   relating to any purpose within the provisions of Laws 1969, 
  7.5   chapter 1046, for the collection, transportation, storage, 
  7.6   processing, and disposal of solid waste and the prevention, 
  7.7   abatement, or control of water, air, and land pollution which 
  7.8   may be related thereto, and the deposit in or on land of any 
  7.9   other material that may tend to cause pollution.  The agency 
  7.10  shall adopt such rules and standards for sewage sludge, 
  7.11  addressing the intrinsic suitability of land, the volume and 
  7.12  rate of application of sewage sludge of various degrees of 
  7.13  intrinsic hazard, design of facilities, and operation of 
  7.14  facilities and sites.  The agency shall promulgate emergency 
  7.15  rules for sewage sludge pursuant to sections 14.29 to 14.36.  
  7.16  Notwithstanding the provisions of sections 14.29 to 14.36, the 
  7.17  emergency rules shall be effective until permanent rules are 
  7.18  promulgated or March 1, 1982, whichever is earlier.  Any such 
  7.19  rule or standard may be of general application throughout the 
  7.20  state or may be limited as to times, places, circumstances, or 
  7.21  conditions in order to make due allowance for variations 
  7.22  therein.  Without limitation, rules or standards may relate to 
  7.23  collection, transportation, processing, disposal, equipment, 
  7.24  location, procedures, methods, systems or techniques or to any 
  7.25  other matter relevant to the prevention, abatement or control of 
  7.26  water, air, and land pollution which may be advised through the 
  7.27  control of collection, transportation, processing, and disposal 
  7.28  of solid waste and sewage sludge, and the deposit in or on land 
  7.29  of any other material that may tend to cause pollution.  By 
  7.30  January 1, 1983, the rules for the management of sewage sludge 
  7.31  shall include an analysis of the sewage sludge determined by the 
  7.32  commissioner of agriculture to be necessary to meet the soil 
  7.33  amendment labeling requirements of section 18C.215.  
  7.34     Pursuant and subject to the provisions of chapter 14, and 
  7.35  the provisions hereof, the pollution control agency may adopt, 
  7.36  amend and rescind rules and standards having the force of law 
  8.1   relating to any purpose within the provisions of Laws 1971, 
  8.2   chapter 727, for the prevention, abatement, or control of noise 
  8.3   pollution.  Any such rule or standard may be of general 
  8.4   application throughout the state, or may be limited as to times, 
  8.5   places, circumstances or conditions in order to make due 
  8.6   allowances for variations therein.  Without limitation, rules or 
  8.7   standards may relate to sources or emissions of noise or noise 
  8.8   pollution, to the quality or composition of noises in the 
  8.9   natural environment, or to any other matter relevant to the 
  8.10  prevention, abatement, or control of noise pollution. 
  8.11     As to any matters subject to this chapter, local units of 
  8.12  government may set emission regulations with respect to 
  8.13  stationary sources which are more stringent than those set by 
  8.14  the pollution control agency. 
  8.15     Pursuant to chapter 14, the pollution control agency may 
  8.16  adopt, amend, and rescind rules and standards having the force 
  8.17  of law relating to any purpose within the provisions of this 
  8.18  chapter for generators of hazardous waste, the management, 
  8.19  identification, labeling, classification, storage, collection, 
  8.20  treatment, transportation, processing, and disposal of hazardous 
  8.21  waste and the location of hazardous waste facilities.  A rule or 
  8.22  standard may be of general application throughout the state or 
  8.23  may be limited as to time, places, circumstances, or conditions. 
  8.24  In implementing its hazardous waste rules, the pollution control 
  8.25  agency shall give high priority to providing planning and 
  8.26  technical assistance to hazardous waste generators.  The agency 
  8.27  shall assist generators in investigating the availability and 
  8.28  feasibility of both interim and long-term hazardous waste 
  8.29  management methods.  The methods shall include waste reduction, 
  8.30  waste separation, waste processing, resource recovery, and 
  8.31  temporary storage. 
  8.32     The pollution control agency shall give highest priority in 
  8.33  the consideration of permits to authorize disposal of diseased 
  8.34  shade trees by open burning at designated sites to evidence 
  8.35  concerning economic costs of transportation and disposal of 
  8.36  diseased shade trees by alternative methods. 
  9.1      In addition to the provisions under section 14.115, before 
  9.2   the pollution control agency adopts or repeals rules that affect 
  9.3   farming operations, the agency must provide a copy of the 
  9.4   proposed rule change and a statement of the effect of the rule 
  9.5   change on farming operations to the commissioner of agriculture 
  9.6   for review and comment and hold public meetings in agricultural 
  9.7   areas of the state. 
  9.8      Sec. 8.  Minnesota Statutes 1994, section 116.07, 
  9.9   subdivision 7, is amended to read: 
  9.10     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  9.11  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  9.12  with approval of the pollution control agency, assume 
  9.13  responsibility for processing applications for permits required 
  9.14  by the pollution control agency under this section for livestock 
  9.15  feedlots, poultry lots or other animal lots.  The responsibility 
  9.16  for permit application processing, if assumed by a county, may 
  9.17  be delegated by the county board to any appropriate county 
  9.18  officer or employee.  
  9.19     (a) For the purposes of this subdivision, the term 
  9.20  "processing" includes: 
  9.21     (1) the distribution to applicants of forms provided by the 
  9.22  pollution control agency; 
  9.23     (2) the receipt and examination of completed application 
  9.24  forms, and the certification, in writing, to the pollution 
  9.25  control agency either that the animal lot facility for which a 
  9.26  permit is sought by an applicant will comply with applicable 
  9.27  rules and standards, or, if the facility will not comply, the 
  9.28  respects in which a variance would be required for the issuance 
  9.29  of a permit; and 
  9.30     (3) rendering to applicants, upon request, assistance 
  9.31  necessary for the proper completion of an application. 
  9.32     (b) For the purposes of this subdivision, the term 
  9.33  "processing" may include, at the option of the county board, 
  9.34  issuing, denying, modifying, imposing conditions upon, or 
  9.35  revoking permits pursuant to the provisions of this section or 
  9.36  rules promulgated pursuant to it, subject to review, suspension, 
 10.1   and reversal by the pollution control agency.  The pollution 
 10.2   control agency shall, after written notification, have 15 days 
 10.3   to review, suspend, modify, or reverse the issuance of the 
 10.4   permit.  After this period, the action of the county board is 
 10.5   final, subject to appeal as provided in chapter 14. 
 10.6      (c) For the purpose of administration of rules adopted 
 10.7   under this subdivision, the commissioner and the agency may 
 10.8   provide exceptions for cases where the owner of a feedlot has 
 10.9   specific written plans to close the feedlot within five years.  
 10.10  These exceptions include waiving requirements for major capital 
 10.11  improvements. 
 10.12     (d) For purposes of this subdivision, a discharge caused by 
 10.13  an extraordinary natural event such as a precipitation event of 
 10.14  greater magnitude than the 25-year, 24-hour event, tornado, or 
 10.15  flood in excess of the 100-year flood is not a "direct discharge 
 10.16  of pollutants." 
 10.17     (e) In adopting and enforcing rules under this subdivision, 
 10.18  the commissioner shall cooperate closely with other governmental 
 10.19  agencies. 
 10.20     (f) The pollution control agency shall work with the 
 10.21  Minnesota extension service, the department of agriculture, the 
 10.22  board of water and soil resources, producer groups, local units 
 10.23  of government, as well as with appropriate federal agencies such 
 10.24  as the Soil Conservation Service and the Agricultural 
 10.25  Stabilization and Conservation Service, to notify and educate 
 10.26  producers of rules under this subdivision at the time the rules 
 10.27  are being developed and adopted and at least every two years 
 10.28  thereafter. 
 10.29     (g) The pollution control agency shall adopt rules 
 10.30  governing the issuance and denial of permits for livestock 
 10.31  feedlots, poultry lots or other animal lots pursuant to this 
 10.32  section.  A feedlot permit is not required for livestock 
 10.33  feedlots with more than ten but less than 50 animal units; 
 10.34  provided they are not in shoreland areas.  These rules apply 
 10.35  both to permits issued by counties and to permits issued by the 
 10.36  pollution control agency directly.  
 11.1      (h) The pollution control agency shall exercise supervising 
 11.2   authority with respect to the processing of animal lot permit 
 11.3   applications by a county. 
 11.4      Sec. 9.  [EFFECTIVE DATE.] 
 11.5      Sections 1 and 2 apply to rules for which notice of intent 
 11.6   to adopt a rule is published after the effective date of those 
 11.7   sections. 
 11.8                              ARTICLE 2 
 11.9      Section 1.  Minnesota Statutes 1994, section 3.842, 
 11.10  subdivision 2, is amended to read: 
 11.11     Subd. 2.  [JURISDICTION.] The jurisdiction of the 
 11.12  commission includes all rules as defined in section 14.02, 
 11.13  subdivision 4.  The commission also has jurisdiction of rules 
 11.14  which are filed with the secretary of state in accordance with 
 11.15  section sections 14.38, subdivisions 5, 6, 7, 8, 9, and 11 or 
 11.16  were filed with the secretary of state in accordance with the 
 11.17  provisions of section 14.38, subdivisions 5 to 9, which were in 
 11.18  effect on the date the rules were filed; 14.386; and 14.388.  
 11.19     The commission may periodically review statutory exemptions 
 11.20  to the rulemaking provisions of this chapter.  
 11.21     Sec. 2.  Minnesota Statutes 1994, section 3.842, 
 11.22  subdivision 4, is amended to read: 
 11.23     Subd. 4.  [SUSPENSIONS.] (a) The commission may, on any of 
 11.24  the grounds listed in paragraph (b) and on the basis of the 
 11.25  testimony received at the public hearings, suspend any rule 
 11.26  complained of by the affirmative vote of at least six members 
 11.27  provided the provisions of section 3.844 have been met.  If any 
 11.28  rule is suspended, the commission shall as soon as possible 
 11.29  place before the legislature, at the next year's session, a bill 
 11.30  to repeal the suspended rule.  If the bill is not enacted in 
 11.31  that year's session, the rule is effective upon adjournment of 
 11.32  the session unless the agency has repealed it.  If the bill is 
 11.33  enacted, the rule is repealed.  
 11.34     (b) A rule suspension under paragraph (a) must be based on 
 11.35  one or more of the following reasons: 
 11.36     (1) an absence of statutory authority; 
 12.1      (2) an emergency relating to public health, safety, or 
 12.2   welfare; 
 12.3      (3) a failure to comply with legislative intent; 
 12.4      (4) a conflict with state law; 
 12.5      (5) a change in circumstances since enactment of the 
 12.6   earliest law upon which the rule is based; 
 12.7      (6) arbitrariness and capriciousness, or imposition of an 
 12.8   undue hardship.  
 12.9      (c) This section authorizes the commission to suspend a 
 12.10  rule only when the vote to suspend is taken, and the effective 
 12.11  date of the suspension occurs, at a time when the legislature 
 12.12  could not enact a bill to repeal the rule. 
 12.13     Sec. 3.  Minnesota Statutes 1994, section 3.842, is amended 
 12.14  by adding a subdivision to read: 
 12.15     Subd. 4a.  [OBJECTIONS TO RULES.] (a) If the legislative 
 12.16  commission to review administrative rules objects to all or some 
 12.17  portion of a rule because the commission considers it to be 
 12.18  beyond the procedural or substantive authority delegated to the 
 12.19  agency, including a proposed rule submitted under section 14.15, 
 12.20  subdivision 4, or 14.26, subdivision 3, paragraph (c), the 
 12.21  commission may file that objection in the office of the 
 12.22  secretary of state.  The filed objection must contain a concise 
 12.23  statement of the commission's reasons for its action.  An 
 12.24  objection to a proposed rule submitted under section 14.15, 
 12.25  subdivision 4, or 14.26, subdivision 3, paragraph (c), may not 
 12.26  be filed before the rule is adopted. 
 12.27     (b) The secretary of state shall affix to each objection a 
 12.28  certification of the date and time of its filing and as soon 
 12.29  after the objection is filed as practicable shall transmit a 
 12.30  certified copy of it to the agency issuing the rule in question 
 12.31  and the revisor of statutes.  The secretary of state shall also 
 12.32  maintain a permanent register open to public inspection of all 
 12.33  objections by the commission.  
 12.34     (c) The legislative commission to review administrative 
 12.35  rules shall publish and index an objection filed under this 
 12.36  section in the next issue of the State Register.  The revisor of 
 13.1   statutes shall indicate its existence adjacent to the rule in 
 13.2   question when that rule is published in Minnesota Rules. 
 13.3      (d) Within 14 days after the filing of an objection by the 
 13.4   commission to a rule, the issuing agency shall respond in 
 13.5   writing to the commission.  After receipt of the response, the 
 13.6   commission may withdraw or modify its objection.  
 13.7      (e) After the filing of an objection by the commission that 
 13.8   is not subsequently withdrawn, the burden is upon the agency in 
 13.9   any proceeding for judicial review or for enforcement of the 
 13.10  rule to establish that the whole or portion of the rule objected 
 13.11  to is valid.  
 13.12     (f) The failure of the commission to object to a rule is 
 13.13  not an implied legislative authorization of its validity. 
 13.14     (g) Pursuant to sections 14.44 and 14.45, the commission 
 13.15  may petition for a declaratory judgment to determine the 
 13.16  validity of any rule objected to by the commission.  
 13.17     This action must be started within two years after an 
 13.18  objection is filed in the office of the secretary of state.  
 13.19     (h) The commission may intervene in litigation arising from 
 13.20  agency action.  For purposes of this paragraph, agency action 
 13.21  means the whole or part of a rule, or the failure to issue a 
 13.22  rule. 
 13.23     Sec. 4.  Minnesota Statutes 1994, section 4A.05, 
 13.24  subdivision 2, is amended to read: 
 13.25     Subd. 2.  [FEES.] The director shall set fees under section 
 13.26  16A.128, subdivision 2, 16A.1285 reflecting the actual costs of 
 13.27  providing the center's information products and services to 
 13.28  clients.  Fees collected must be deposited in the state treasury 
 13.29  and credited to the land management information center revolving 
 13.30  account.  Money in the account is appropriated to the director 
 13.31  for operation of the land management information system, 
 13.32  including the cost of services, supplies, materials, labor, and 
 13.33  equipment, as well as the portion of the general support costs 
 13.34  and statewide indirect costs of the office that is attributable 
 13.35  to the land management information system.  The director may 
 13.36  require a state agency to make an advance payment to the 
 14.1   revolving fund sufficient to cover the agency's estimated 
 14.2   obligation for a period of 60 days or more.  If the revolving 
 14.3   fund is abolished or liquidated, the total net profit from 
 14.4   operations must be distributed to the funds from which purchases 
 14.5   were made.  The amount to be distributed to each fund must bear 
 14.6   to the net profit the same ratio as the total purchases from 
 14.7   each fund bear to the total purchases from all the funds during 
 14.8   a period of time that fairly reflects the amount of net profit 
 14.9   each fund is entitled to receive under this distribution. 
 14.10     Sec. 5.  Minnesota Statutes 1994, section 14.04, is amended 
 14.11  to read: 
 14.12     14.04 [AGENCY ORGANIZATION; GUIDEBOOK.] 
 14.13     To assist interested persons dealing with it, each agency 
 14.14  shall, in a manner prescribed by the commissioner of 
 14.15  administration, prepare a description of its organization, 
 14.16  stating the process whereby general course and method of its 
 14.17  operations and where and how the public may obtain information 
 14.18  or make submissions or requests.  The commissioner of 
 14.19  administration shall publish these descriptions at least once 
 14.20  every four years commencing in 1981 in a guidebook of state 
 14.21  agencies.  Notice of the publication of the guidebook shall be 
 14.22  published in the State Register and given in newsletters, 
 14.23  newspapers, or other publications, or through other means of 
 14.24  communication. 
 14.25     Sec. 6.  Minnesota Statutes 1994, section 14.05, 
 14.26  subdivision 2, is amended to read: 
 14.27     Subd. 2.  [AUTHORITY TO MODIFY PROPOSED RULE.] (a) An 
 14.28  agency may modify a proposed rule in accordance with the 
 14.29  procedures of the administrative procedure act.  However, an 
 14.30  agency may not modify a proposed rule so that it is 
 14.31  substantially different from the proposed rule in the notice of 
 14.32  intent to adopt rules or notice of hearing.  
 14.33     (b) A modification does not make a proposed rule 
 14.34  substantially different if: 
 14.35     (1) the differences are within the scope of the matter 
 14.36  announced in the notice of intent to adopt or notice of hearing 
 15.1   and are in character with the issues raised in that notice; 
 15.2      (2) the differences are a logical outgrowth of the contents 
 15.3   of the notice of intent to adopt or notice of hearing and the 
 15.4   comments submitted in response to the notice; and 
 15.5      (3) the notice of intent to adopt or notice of hearing 
 15.6   provided fair warning that the outcome of that rulemaking 
 15.7   proceeding could be the rule in question. 
 15.8      (c) In determining whether the notice of intent to adopt or 
 15.9   notice of hearing provided fair warning that the outcome of that 
 15.10  rulemaking proceeding could be the rule in question the 
 15.11  following factors must be considered: 
 15.12     (1) the extent to which persons who will be affected by the 
 15.13  rule should have understood that the rulemaking proceeding on 
 15.14  which it is based could affect their interests; 
 15.15     (2) the extent to which the subject matter of the rule or 
 15.16  issues determined by the rule are different from the subject 
 15.17  matter or issues contained in the notice of intent to adopt or 
 15.18  notice of hearing; and 
 15.19     (3) the extent to which the effects of the rule differ from 
 15.20  the effects of the proposed rule contained in the notice of 
 15.21  intent to adopt or notice of hearing.  
 15.22     Sec. 7.  Minnesota Statutes 1994, section 14.05, is amended 
 15.23  by adding a subdivision to read: 
 15.24     Subd. 5.  [REVIEW AND REPEAL OF RULES.] By December 1 of 
 15.25  each year, an agency shall submit a list of all the rules of the 
 15.26  agency to the governor, the legislative commission to review 
 15.27  administrative rules, and the revisor of statutes.  The list 
 15.28  must identify any rules that are obsolete and should be 
 15.29  repealed.  The list must also include an explanation of why the 
 15.30  rule is obsolete and the agency's timetable for repeal. 
 15.31     Sec. 8.  Minnesota Statutes 1994, section 14.06, is amended 
 15.32  to read: 
 15.33     14.06 [REQUIRED RULES.] 
 15.34     (a) Each agency shall adopt rules, in the form prescribed 
 15.35  by the revisor of statutes, setting forth the nature and 
 15.36  requirements of all formal and informal procedures related to 
 16.1   the administration of official agency duties to the extent that 
 16.2   those procedures directly affect the rights of or procedures 
 16.3   available to the public.  
 16.4      (b) Upon the request of any person, and as soon as feasible 
 16.5   and to the extent practicable, each agency shall adopt rules to 
 16.6   supersede those principles of law or policy lawfully declared by 
 16.7   the agency as the basis for its decisions in particular cases it 
 16.8   intends to rely on as precedents in future cases.  This 
 16.9   paragraph does not apply to the public utilities commission.  
 16.10     Sec. 9.  Minnesota Statutes 1994, section 14.08, is amended 
 16.11  to read: 
 16.12     14.08 [REVISOR OF STATUTES APPROVAL OF RULE AND RULE FORM; 
 16.13  COSTS.] 
 16.14     (a) Two copies of a rule adopted pursuant to the provisions 
 16.15  of section 14.26 or 14.32 shall be submitted by the agency to 
 16.16  the attorney general chief administrative law judge.  
 16.17  The attorney general chief administrative law judge shall send 
 16.18  one copy of the rule to the revisor on the same day as it is 
 16.19  submitted by the agency under section 14.26 or 14.32.  Within 
 16.20  five days after receipt of the rule, excluding weekends and 
 16.21  holidays, the revisor shall either return the rule with a 
 16.22  certificate of approval of the form of the rule to the attorney 
 16.23  general chief administrative law judge or notify the attorney 
 16.24  general chief administrative law judge and the agency that the 
 16.25  form of the rule will not be approved.  
 16.26     If the attorney general chief administrative law judge 
 16.27  disapproves a rule, the agency may modify it and the agency 
 16.28  shall submit two copies of the modified rule to the attorney 
 16.29  general chief administrative law judge who shall send a copy to 
 16.30  the revisor for approval as to form as described in this 
 16.31  paragraph. 
 16.32     (b) One copy of a rule adopted after a public hearing shall 
 16.33  be submitted by the agency to the revisor for approval of the 
 16.34  form of the rule.  Within five working days after receipt of the 
 16.35  rule, the revisor shall either return the rule with a 
 16.36  certificate of approval to the agency or notify the agency that 
 17.1   the form of the rule will not be approved.  
 17.2      (c) If the revisor refuses to approve the form of the rule, 
 17.3   the revisor's notice shall revise the rule so it is in the 
 17.4   correct form.  
 17.5      (d) The attorney general chief administrative law judge 
 17.6   shall assess an agency for the attorney general's actual cost of 
 17.7   processing rules under this section.  The agency shall pay the 
 17.8   attorney general's assessments using the procedures of section 
 17.9   8.15.  Each agency shall include in its budget money to pay 
 17.10  the attorney general's assessments.  Receipts from the 
 17.11  assessment must be deposited in the state treasury and credited 
 17.12  to the general fund administrative hearings account created in 
 17.13  section 14.54. 
 17.14     Sec. 10.  Minnesota Statutes 1994, section 14.09, is 
 17.15  amended to read: 
 17.16     14.09 [PETITION FOR ADOPTION OF RULE.] 
 17.17     Any interested person may petition an agency requesting the 
 17.18  adoption, suspension, amendment, or repeal of any rule.  The 
 17.19  petition shall be specific as to what action is requested and 
 17.20  the need for the action.  Upon receiving a petition an agency 
 17.21  shall have 60 days in which to make a specific and detailed 
 17.22  reply in writing as to its planned disposition of the request 
 17.23  and the reasons for its planned disposition of the request.  If 
 17.24  the agency states its intention to hold a public hearing on the 
 17.25  subject of the request, it shall proceed according to sections 
 17.26  14.05 to 14.36 14.28.  The attorney general chief administrative 
 17.27  law judge shall prescribe by rule the form for all petitions 
 17.28  under this section and may prescribe further procedures for 
 17.29  their submission, consideration, and disposition. 
 17.30     Sec. 11.  [14.101] [ADVICE ON POSSIBLE RULES.] 
 17.31     Subdivision 1.  [REQUIRED NOTICE.] In addition to seeking 
 17.32  information by other methods designed to reach persons or 
 17.33  classes of persons who might be affected by the proposal, an 
 17.34  agency, at least 60 days before publication of a notice of 
 17.35  intent to adopt or a notice of hearing, shall solicit comments 
 17.36  from the public on the subject matter of a possible rulemaking 
 18.1   proposal under active consideration within the agency by causing 
 18.2   notice to be published in the State Register.  The notice must 
 18.3   include a description of the subject matter of the proposal, the 
 18.4   types of groups and individuals likely to be affected, and 
 18.5   indicate where, when, and how persons may comment on the 
 18.6   proposal and whether and how drafts of any proposal may be 
 18.7   obtained from the agency.  
 18.8      This notice must be published within 60 days of the 
 18.9   effective date of any new statutory grant of required rulemaking.
 18.10     Subd. 2.  [ADVISORY COMMITTEES.] Each agency may also 
 18.11  appoint committees to comment, before publication of a notice of 
 18.12  intent to adopt or a notice of hearing, on the subject matter of 
 18.13  a possible rulemaking under active consideration within the 
 18.14  agency.  The membership of those committees must be published at 
 18.15  least annually in the State Register. 
 18.16     Subd. 3.  [EFFECT OF GOOD FAITH COMPLIANCE.] If an agency 
 18.17  has made a good faith effort to comply with this section, a rule 
 18.18  may not be invalidated on the grounds that the contents of this 
 18.19  notice are insufficient or inaccurate. 
 18.20     Sec. 12.  [14.125] [TIME LIMIT ON AUTHORITY TO ADOPT, 
 18.21  AMEND, OR REPEAL RULES.] 
 18.22     An agency shall publish a notice of intent to adopt rules 
 18.23  or a notice of hearing within 18 months of the effective date of 
 18.24  the law authorizing or requiring rules to be adopted, amended, 
 18.25  or repealed.  If the notice is not published within the time 
 18.26  limit imposed by this section, the authority for the rules 
 18.27  expires.  The agency shall not use other law in existence at the 
 18.28  time of the expiration of rulemaking authority under this 
 18.29  section as authority to adopt, amend, or repeal these rules.  
 18.30     An agency that publishes a notice of intent to adopt rules 
 18.31  or a notice of hearing within the time limit specified in this 
 18.32  section may subsequently amend or repeal the rules without 
 18.33  additional legislative authorization. 
 18.34     Sec. 13.  Minnesota Statutes 1994, section 14.131, is 
 18.35  amended to read: 
 18.36     14.131 [STATEMENT OF NEED AND REASONABLENESS.] 
 19.1      Before the agency orders the publication of a rulemaking 
 19.2   notice required by section 14.14, subdivision 1a, the agency 
 19.3   must prepare, review, and make available for public review a 
 19.4   statement of the need for and reasonableness of the rule and a 
 19.5   fiscal note if required by section 3.982.  The statement of need 
 19.6   and reasonableness must be prepared under rules adopted by the 
 19.7   chief administrative law judge. and must include the following 
 19.8   to the extent the agency, through reasonable effort, can 
 19.9   ascertain this information: 
 19.10     (1) a description of the classes of persons who probably 
 19.11  will be affected by the proposed rule, including classes that 
 19.12  will bear the costs of the proposed rule and classes that will 
 19.13  benefit from the proposed rule; 
 19.14     (2) the probable costs to the agency and to any other 
 19.15  agency of the implementation and enforcement of the proposed 
 19.16  rule and any anticipated effect on state revenues; 
 19.17     (3) a determination of whether there are less costly 
 19.18  methods or less intrusive methods for achieving the purpose of 
 19.19  the proposed rule; 
 19.20     (4) a description of any alternative methods for achieving 
 19.21  the purpose of the proposed rule that were seriously considered 
 19.22  by the agency and the reasons why they were rejected in favor of 
 19.23  the proposed rule; 
 19.24     (5) the probable costs of complying with the proposed rule; 
 19.25  and 
 19.26     (6) an assessment of any differences between the proposed 
 19.27  rule and existing federal regulations and a specific analysis of 
 19.28  the need for and reasonableness of each difference.  
 19.29     For rules setting, adjusting, or establishing regulatory, 
 19.30  licensure, or other charges for goods and services, the 
 19.31  statement of need and reasonableness must include the comments 
 19.32  and recommendations of the commissioner of finance and must 
 19.33  address any fiscal and policy concerns raised during the review 
 19.34  process, as required by section 16A.1285. 
 19.35     The statement must also describe the agency's efforts to 
 19.36  provide additional notification to persons or classes of persons 
 20.1   who may be affected by the proposed rule or must explain why 
 20.2   these efforts were not made. 
 20.3      The agency shall send a copy of the statement of need and 
 20.4   reasonableness to the legislative commission to review 
 20.5   administrative rules when it becomes available for public review.
 20.6      Sec. 14.  Minnesota Statutes 1994, section 14.14, 
 20.7   subdivision 1a, is amended to read: 
 20.8      Subd. 1a.  [NOTICE OF RULE HEARING.] (a) Each agency shall 
 20.9   maintain a list of all persons who have registered with the 
 20.10  agency for the purpose of receiving notice of rule hearings 
 20.11  proceedings.  The agency may inquire as to whether those persons 
 20.12  on the list wish to maintain their names thereon and may remove 
 20.13  names for which there is a negative reply or no reply within 60 
 20.14  days.  The agency shall, at least 30 days prior to the date set 
 20.15  for the hearing, give notice of its intention to adopt rules by 
 20.16  United States mail to all persons on its list, and by 
 20.17  publication in the State Register.  The mailed notice shall 
 20.18  include either a copy of the proposed rule or a description of 
 20.19  the nature and effect of the proposed rule and an announcement 
 20.20  that a free copy of the proposed rule is available on request 
 20.21  from the agency.  Each agency may, at its own discretion, also 
 20.22  contact persons not on its list and may give who may be affected 
 20.23  by the rule being proposed.  In addition, each agency shall make 
 20.24  reasonable efforts to notify persons or classes of persons who 
 20.25  may be significantly affected by the rule being proposed by 
 20.26  giving notice of its intention in newsletters, newspapers, or 
 20.27  other publications, or through other means of communication.  
 20.28  The notice in the State Register must include the proposed rule 
 20.29  or an amended rule in the form required by the revisor under 
 20.30  section 14.07, together with a citation to the most specific 
 20.31  statutory authority for the proposed rule, a statement of the 
 20.32  place, date, and time of the public hearing, a statement that 
 20.33  persons may register with the agency for the purpose of 
 20.34  receiving notice of rule proceedings and notice that a rule has 
 20.35  been adopted, and other information as required by law or rule.  
 20.36  When an entire rule is proposed to be repealed, the agency need 
 21.1   only publish that fact, giving the citation to the rule to be 
 21.2   repealed in the notice. 
 21.3      (b) The legislative commission to review administrative 
 21.4   rules may authorize an agency to omit from the notice of rule 
 21.5   hearing the text of any proposed rule, the publication of which 
 21.6   would be unduly cumbersome, expensive, or otherwise inexpedient 
 21.7   if: 
 21.8      (1) knowledge of the rule is likely to be important to only 
 21.9   a small class of persons; 
 21.10     (2) the notice of rule hearing states that a free copy of 
 21.11  the entire rule is available upon request to the agency; and 
 21.12     (3) the notice of rule hearing states in detail the 
 21.13  specific subject matter of the omitted rule, cites the statutory 
 21.14  authority for the proposed rule, and details the proposed rule's 
 21.15  purpose and motivation. 
 21.16     Sec. 15.  Minnesota Statutes 1994, section 14.15, 
 21.17  subdivision 3, is amended to read: 
 21.18     Subd. 3.  [FINDING OF SUBSTANTIAL CHANGE DIFFERENCE.] If 
 21.19  the report contains a finding that a rule has been modified in a 
 21.20  way which makes it substantially different, as determined under 
 21.21  section 14.05, subdivision 2, from that which was originally 
 21.22  proposed, or that the agency has not met the requirements of 
 21.23  sections 14.131 to 14.18, it shall be submitted to the chief 
 21.24  administrative law judge for approval.  If the chief 
 21.25  administrative law judge approves the finding of the 
 21.26  administrative law judge, the chief administrative law judge 
 21.27  shall advise the agency and the revisor of statutes of actions 
 21.28  which will correct the defects.  The agency shall not adopt the 
 21.29  rule until the chief administrative law judge determines that 
 21.30  the defects have been corrected or, if applicable, that the 
 21.31  agency has satisfied the rule requirements for the adoption of a 
 21.32  substantially different rule.  
 21.33     Sec. 16.  Minnesota Statutes 1994, section 14.15, 
 21.34  subdivision 4, is amended to read: 
 21.35     Subd. 4.  [NEED OR REASONABLENESS NOT ESTABLISHED.] If the 
 21.36  chief administrative law judge determines that the need for or 
 22.1   reasonableness of the rule has not been established pursuant to 
 22.2   section 14.14, subdivision 2, and if the agency does not elect 
 22.3   to follow the suggested actions of the chief administrative law 
 22.4   judge to correct that defect, then the agency shall submit the 
 22.5   proposed rule to the legislative commission to review 
 22.6   administrative rules for the commission's advice and comment.  
 22.7   The agency shall not adopt the rule until it has received and 
 22.8   considered the advice of the commission.  However, the agency is 
 22.9   not required to delay adoption longer wait for the commission's 
 22.10  advice for more than 30 60 days after the commission has 
 22.11  received the agency's submission.  Advice of the commission 
 22.12  shall not be binding on the agency. 
 22.13     Sec. 17.  Minnesota Statutes 1994, section 14.16, 
 22.14  subdivision 1, is amended to read: 
 22.15     Subdivision 1.  [REVIEW OF MODIFICATIONS.] If the report of 
 22.16  the administrative law judge finds no defects, the agency may 
 22.17  proceed to adopt the rule.  After receipt of the administrative 
 22.18  law judge's report, if the agency makes any modifications to the 
 22.19  rule other than those recommended by the administrative law 
 22.20  judge, it must return the rule to the chief administrative law 
 22.21  judge for a review on the issue of substantial change whether 
 22.22  the rule as modified is substantially different, as determined 
 22.23  under section 14.05, subdivision 2, from the rule as originally 
 22.24  proposed.  If the chief administrative law judge determines that 
 22.25  the modified rule is substantially different from that which was 
 22.26  originally proposed, the chief administrative law judge shall 
 22.27  advise the agency of actions which will correct the defects.  
 22.28  The agency shall not adopt the modified rule until the chief 
 22.29  administrative law judge determines that the defects have been 
 22.30  corrected or, if applicable, that the agency has satisfied the 
 22.31  rule requirements for the adoption of a substantially different 
 22.32  rule. 
 22.33     The agency shall give notice to all persons who requested 
 22.34  to be informed that the rule has been adopted and filed with the 
 22.35  secretary of state.  This notice shall be given on the same day 
 22.36  that the rule is filed.  
 23.1      Sec. 18.  Minnesota Statutes 1994, section 14.18, 
 23.2   subdivision 1, is amended to read: 
 23.3      Subdivision 1.  [GENERALLY.] A rule is effective after it 
 23.4   has been subjected to all requirements described in sections 
 23.5   14.131 to 14.20 and five working days after the notice of 
 23.6   adoption is published in the State Register unless a later date 
 23.7   is required by law or specified in the rule.  If the rule 
 23.8   adopted is the same as the proposed rule, publication may be 
 23.9   made by publishing notice in the State Register that the rule 
 23.10  has been adopted as proposed and by citing the prior 
 23.11  publication.  If the rule adopted differs from the proposed 
 23.12  rule, the portions of the adopted rule which differ from the 
 23.13  proposed rule shall be included in the notice of adoption 
 23.14  together with a citation to the prior State Register publication 
 23.15  of the remainder of the proposed rule.  The nature of the 
 23.16  modifications must be clear to a reasonable person when the 
 23.17  notice of adoption is considered together with the State 
 23.18  Register publication of the proposed rule, except that 
 23.19  modifications may also be made which comply with the form 
 23.20  requirements of section 14.07, subdivision 7.  
 23.21     If the agency omitted from the notice of proposed rule 
 23.22  adoption the text of the proposed rule, as permitted by section 
 23.23  14.14, subdivision 1a, paragraph (b), the legislative commission 
 23.24  to review administrative rules may provide that the notice of 
 23.25  the adopted rule need not include the text of any changes from 
 23.26  the proposed rule.  However, the notice of adoption must state 
 23.27  in detail the substance of the changes made from the proposed 
 23.28  rule, and must state that a free copy of that portion of the 
 23.29  adopted rule that was the subject of the rulemaking proceeding, 
 23.30  not including any material adopted by reference as permitted by 
 23.31  section 14.07, is available upon request to the agency. 
 23.32     Sec. 19.  Minnesota Statutes 1994, section 14.19, is 
 23.33  amended to read: 
 23.34     14.19 [DEADLINE TO COMPLETE RULEMAKING.] 
 23.35     The agency shall, within 180 days after issuance of the 
 23.36  administrative law judge's report, submit its notice of 
 24.1   adoption, amendment, suspension, or repeal to the State Register 
 24.2   for publication.  If the agency has not submitted its notice to 
 24.3   the State Register within 180 days, the rule is automatically 
 24.4   withdrawn.  The agency shall not adopt the withdrawn rules 
 24.5   without again following the procedures of sections 14.05 to 
 24.6   14.36.  It shall report to the legislative commission to review 
 24.7   administrative rules, other appropriate committees of the 
 24.8   legislature, and the governor its failure to adopt rules and the 
 24.9   reasons for that failure.  The 180-day time limit of this 
 24.10  section does not include any days used for review by the chief 
 24.11  administrative law judge, the attorney general, or the 
 24.12  legislative commission to review administrative rules if the 
 24.13  review is required by law.  
 24.14     Sec. 20.  Minnesota Statutes 1994, section 14.22, 
 24.15  subdivision 1, is amended to read: 
 24.16     Subdivision 1.  [CONTENTS.] (a) Unless an agency proceeds 
 24.17  directly to a public hearing on a proposed rule and gives the 
 24.18  notice prescribed in section 14.14, subdivision 1a, the agency 
 24.19  shall give notice of its intention to adopt a rule without 
 24.20  public hearing.  The notice shall be given by publication in the 
 24.21  State Register and by United States mail to persons who have 
 24.22  registered their names with the agency pursuant to section 
 24.23  14.14, subdivision 1a.  The mailed notice shall include either a 
 24.24  copy of the proposed rule or a description of the nature and 
 24.25  effect of the proposed rule and an announcement that a free copy 
 24.26  of the proposed rule is available on request from the agency.  
 24.27  Each agency may, at its own discretion, also contact persons not 
 24.28  on its list who may be affected by the rule being proposed.  In 
 24.29  addition, each agency shall make reasonable efforts to notify 
 24.30  persons or classes of persons who may be significantly affected 
 24.31  by the rule by giving notice of its intention in newsletters, 
 24.32  newspapers, or other publications, or through other means of 
 24.33  communication.  The notice in the State Register shall include 
 24.34  the proposed rule or the amended rule in the form required by 
 24.35  the revisor under section 14.07, and a citation to the most 
 24.36  specific statutory authority for the proposed rule, a statement 
 25.1   that persons may register with the agency for the purpose of 
 25.2   receiving notice of rule proceedings and notice that a rule has 
 25.3   been submitted to the chief administrative law judge, and other 
 25.4   information as required by law or rule.  When an entire rule is 
 25.5   proposed to be repealed, the notice need only state that fact, 
 25.6   giving the citation to the rule to be repealed in the notice.  
 25.7   The notice shall include a statement advising the public: 
 25.8      (1) that they have 30 days in which to submit comment in 
 25.9   support of or in opposition to the proposed rule and that 
 25.10  comment is encouraged; 
 25.11     (2) that each comment should identify the portion of the 
 25.12  proposed rule addressed, the reason for the comment, and any 
 25.13  change proposed; 
 25.14     (3) that if 25 or more persons submit a written request for 
 25.15  a public hearing within the 30-day comment period, a public 
 25.16  hearing will be held; 
 25.17     (4) of the manner in which persons shall request a public 
 25.18  hearing on the proposed rule; 
 25.19     (5) that the name and address of the person requesting a 
 25.20  public hearing shall be stated of the requirements contained in 
 25.21  section 14.25 relating to a written request for a public 
 25.22  hearing, and that the requester is encouraged to identify the 
 25.23  portion of the proposed rule addressed, the reason for the 
 25.24  request, and propose any change proposed desired; 
 25.25     (6) that the proposed rule may be modified if the 
 25.26  modifications are supported by the data and views submitted; and 
 25.27     (7) that if a hearing is not required, notice of the date 
 25.28  of submission of the proposed rule to the attorney general chief 
 25.29  administrative law judge for review will be mailed to any person 
 25.30  requesting to receive the notice.  
 25.31     In connection with the statements required in clauses (1) 
 25.32  and (3), the notice must also include the date on which the 
 25.33  30-day comment period ends. 
 25.34     (b) The legislative commission to review administrative 
 25.35  rules may authorize an agency to omit from the notice of intent 
 25.36  to adopt the text of any proposed rule, the publication of which 
 26.1   would be unduly cumbersome, expensive, or otherwise inexpedient 
 26.2   if: 
 26.3      (1) knowledge of the rule is likely to be important to only 
 26.4   a small class of persons; 
 26.5      (2) the notice of intent to adopt states that a free copy 
 26.6   of the entire rule is available upon request to the agency; and 
 26.7      (3) the notice of intent to adopt states in detail the 
 26.8   specific subject matter of the omitted rule, cites the statutory 
 26.9   authority for the proposed rule, and details the proposed rule's 
 26.10  purpose and motivation. 
 26.11     Sec. 21.  Minnesota Statutes 1994, section 14.23, is 
 26.12  amended to read: 
 26.13     14.23 [STATEMENT OF NEED AND REASONABLENESS.] 
 26.14     Before the date of the section 14.22 notice, the agency 
 26.15  shall prepare a statement of need and reasonableness which shall 
 26.16  be available to the public.  The statement of need and 
 26.17  reasonableness must include the analysis required in section 
 26.18  14.131 and the comments and recommendations of the commissioner 
 26.19  of finance, and must address any fiscal and policy concerns 
 26.20  raised during the review process, as required by section 
 26.21  16A.1285.  The statement must also describe the agency's efforts 
 26.22  to provide additional notification to persons or classes of 
 26.23  persons who may be affected by the proposed rules or must 
 26.24  explain why these efforts were not made.  For at least 30 days 
 26.25  following the notice, the agency shall afford all interested 
 26.26  persons the public an opportunity to request a public hearing 
 26.27  and to submit data and views on the proposed rule in writing. 
 26.28     The agency shall send a copy of the statement of need and 
 26.29  reasonableness to the legislative commission to review 
 26.30  administrative rules when it becomes available to the public. 
 26.31     Sec. 22.  Minnesota Statutes 1994, section 14.24, is 
 26.32  amended to read: 
 26.33     14.24 [MODIFICATIONS OF PROPOSED RULE.] 
 26.34     The proposed rule may be modified if the modifications are 
 26.35  supported by the data and views submitted to the agency and do 
 26.36  not result in a substantial change substantially different rule, 
 27.1   as determined under section 14.05, subdivision 2, from the rule 
 27.2   as originally proposed.  An agency may adopt a substantially 
 27.3   different rule after satisfying the rule requirements for the 
 27.4   adoption of a substantially different rule. 
 27.5      Sec. 23.  Minnesota Statutes 1994, section 14.25, is 
 27.6   amended to read: 
 27.7      14.25 [PUBLIC HEARING REQUIRED.] 
 27.8      Subdivision 1.  [REQUESTS FOR HEARING.] If, during the 
 27.9   30-day period allowed for comment, 25 or more persons submit to 
 27.10  the agency a written request for a public hearing of the 
 27.11  proposed rule, the agency shall proceed under the provisions of 
 27.12  sections 14.14 to 14.20.  The written request must include:  (1) 
 27.13  the name and address of the person requesting the public 
 27.14  hearing; and (2) the portion or portions of the rule to which 
 27.15  the person objects or a statement that the person opposes the 
 27.16  entire rule.  A notice of the public hearing must be published 
 27.17  in the State Register and mailed to those persons who submitted 
 27.18  a written request for the public hearing.  Unless the agency has 
 27.19  modified the proposed rule, the notice need not include the text 
 27.20  of the proposed rule but only a citation to the State Register 
 27.21  pages where the text appears. 
 27.22     A written request for a public hearing that does not comply 
 27.23  with the requirements of this section is invalid and must not be 
 27.24  counted by the agency for purposes of determining whether a 
 27.25  public hearing must be held. 
 27.26     Subd. 2.  [WITHDRAWAL OF HEARING REQUESTS.] If a request 
 27.27  for a public hearing has been withdrawn, the agency must give 
 27.28  written notice of that fact to all persons who have requested 
 27.29  the public hearing.  The notice must explain why the request is 
 27.30  being withdrawn, and must include a description of any action 
 27.31  the agency has taken or will take that affected or may have 
 27.32  affected the decision to withdraw the request.  The notice must 
 27.33  also invite persons to submit written comments to the agency 
 27.34  relating to the withdrawal.  The notice and any written comments 
 27.35  received by the agency is part of the rulemaking record 
 27.36  submitted to the administrative law judge under section 14.14 or 
 28.1   14.26.  The administrative law judge shall review the notice and 
 28.2   any comments received and determine whether the withdrawal is 
 28.3   consistent with section 14.001, clauses (2), (4), and (5). 
 28.4      This subdivision applies only to a withdrawal of a hearing 
 28.5   request that affects whether a public hearing must be held and 
 28.6   only if the agency has taken any action to obtain the withdrawal 
 28.7   of the hearing request. 
 28.8      Sec. 24.  Minnesota Statutes 1994, section 14.26, is 
 28.9   amended to read: 
 28.10     14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY 
 28.11  GENERAL ADMINISTRATIVE LAW JUDGE.] 
 28.12     Subdivision 1.  [SUBMISSION.] If no hearing is required, 
 28.13  the agency shall submit to the attorney general an 
 28.14  administrative law judge assigned by the chief administrative 
 28.15  law judge the proposed rule and notice as published, the rule as 
 28.16  proposed for adoption, any written comments received by the 
 28.17  agency, and a statement of need and reasonableness for the 
 28.18  rule.  The agency shall give notice to all persons who requested 
 28.19  to be informed that these materials have been submitted to 
 28.20  the attorney general administrative law judge.  This notice 
 28.21  shall be given on the same day that the record is submitted.  If 
 28.22  the proposed rule has been modified, the notice shall state that 
 28.23  fact, and shall state that a free copy of the proposed rule, as 
 28.24  modified, is available upon request from the agency.  The rule 
 28.25  and these materials shall be submitted to the attorney general 
 28.26  administrative law judge within 180 days of the day that the 
 28.27  comment period for the rule is over or the rule is automatically 
 28.28  withdrawn.  The agency shall report its failure to adopt the 
 28.29  rules and the reasons for that failure to the legislative 
 28.30  commission to review administrative rules, other appropriate 
 28.31  legislative committees, and the governor.  
 28.32     Subd. 2.  [RESUBMISSION.] Even if the 180-day period 
 28.33  expires while the attorney general administrative law judge 
 28.34  reviews the rule, if the attorney general administrative law 
 28.35  judge rejects the rule, the agency may resubmit it after taking 
 28.36  corrective action.  The resubmission must occur within 30 days 
 29.1   of when the agency receives written notice of the disapproval.  
 29.2   If the rule is again disapproved, the rule is withdrawn.  An 
 29.3   agency may resubmit at any time before the expiration of the 
 29.4   180-day period.  If the agency withholds some of the proposed 
 29.5   rule, it may not adopt the withheld portion without again 
 29.6   following the procedures of sections 14.14 to 14.28, or 14.29 to 
 29.7   14.36.  
 29.8      Subd. 3.  [REVIEW.] (a) The attorney general administrative 
 29.9   law judge shall, within 14 days, approve or disapprove the rule 
 29.10  as to its legality and its form to the extent the form relates 
 29.11  to legality, including the issue issues of substantial change 
 29.12  whether the rule if modified is substantially different, as 
 29.13  determined under section 14.05, subdivision 2, from the rule as 
 29.14  originally proposed, and determine whether the agency has the 
 29.15  authority to adopt the rule, and whether the record demonstrates 
 29.16  a rational basis for the need for and reasonableness of the 
 29.17  proposed rule within 14 days.  If the rule is approved, 
 29.18  the attorney general administrative law judge shall promptly 
 29.19  file two copies of it in the office of the secretary of state.  
 29.20  The secretary of state shall forward one copy of each rule to 
 29.21  the revisor of statutes.  If the rule is disapproved, 
 29.22  the attorney general administrative law judge shall state in 
 29.23  writing the reasons and make recommendations to overcome 
 29.24  the deficiencies, and defects.  
 29.25     (b) The written disapproval must be submitted to the chief 
 29.26  administrative law judge for approval.  If the chief 
 29.27  administrative law judge approves of the findings of the 
 29.28  administrative law judge, the chief administrative law judge 
 29.29  shall send the statement of the reasons for disapproval of the 
 29.30  rule to the agency, the legislative commission to review 
 29.31  administrative rules, and the revisor of statutes and advise the 
 29.32  agency and the revisor of statutes of actions that will correct 
 29.33  the defects.  The rule shall not be filed in the office of the 
 29.34  secretary of state, nor published until the deficiencies chief 
 29.35  administrative law judge determines that the defects have 
 29.36  been overcome corrected or, if applicable, that the agency has 
 30.1   satisfied the rule requirements for the adoption of a 
 30.2   substantially different rule.  The attorney general shall send a 
 30.3   statement of reasons for disapproval of the rule to the agency, 
 30.4   the chief administrative law judge, the legislative commission 
 30.5   to review administrative rules, and to the revisor of statutes. 
 30.6      (c) If the chief administrative law judge determines that 
 30.7   the need for or reasonableness of the rule has not been 
 30.8   established, and if the agency does not elect to follow the 
 30.9   suggested actions of the chief administrative law judge to 
 30.10  correct that defect, then the agency shall submit the proposed 
 30.11  rule to the legislative commission to review administrative 
 30.12  rules for the commission's advice and comment.  The agency shall 
 30.13  not adopt the rule until it has received and considered the 
 30.14  advice of the commission.  However, the agency is not required 
 30.15  to wait for the commission's advice for more than 60 days after 
 30.16  the commission has received the agency's submission.  
 30.17     (d) The attorney general administrative law judge shall 
 30.18  disregard any error or defect in the proceeding due to the 
 30.19  agency's failure to satisfy any procedural requirements imposed 
 30.20  by law or rule if the attorney general administrative law judge 
 30.21  finds: 
 30.22     (1) that the failure did not deprive any person or entity 
 30.23  of an opportunity to participate meaningfully in the rulemaking 
 30.24  process; or 
 30.25     (2) that the agency has taken corrective action to cure the 
 30.26  error or defect so that the failure did not deprive any person 
 30.27  or entity of an opportunity to participate meaningfully in the 
 30.28  rulemaking process. 
 30.29     Subd. 4.  [COSTS.] The attorney general office of 
 30.30  administrative hearings shall assess an agency for the actual 
 30.31  cost of processing rules under this section.  The agency shall 
 30.32  pay the attorney general's assessments using the procedures of 
 30.33  section 8.15.  Each agency shall include in its budget money to 
 30.34  pay the attorney general's assessment.  Receipts from the 
 30.35  assessment must be deposited in the state treasury and credited 
 30.36  to the general fund administrative hearings account created in 
 31.1   section 14.54. 
 31.2      Sec. 25.  Minnesota Statutes 1994, section 14.365, is 
 31.3   amended to read: 
 31.4      14.365 [OFFICIAL RULEMAKING RECORD.] 
 31.5      The agency shall maintain the official rulemaking record 
 31.6   for every rule adopted pursuant to sections 14.05 to 14.36 14.28.
 31.7   The record shall be available for public inspection.  The record 
 31.8   required by this section constitutes the official and exclusive 
 31.9   agency rulemaking record with respect to agency action on or 
 31.10  judicial review of the rule.  The record shall contain:  
 31.11     (1) copies of all publications in the State Register 
 31.12  pertaining to the rule; 
 31.13     (2) all written petitions, requests, submissions, or 
 31.14  comments received by the agency, or the administrative law 
 31.15  judge, or the attorney general pertaining to the rule; 
 31.16     (3) the statement of need and reasonableness for the rule, 
 31.17  if any; 
 31.18     (4) the official transcript of the hearing if one was held, 
 31.19  or the tape recording of the hearing if a transcript was not 
 31.20  prepared; 
 31.21     (5) the report of the administrative law judge, if any; 
 31.22     (6) the rule in the form last submitted to the 
 31.23  administrative law judge under sections 14.14 to 14.20 or first 
 31.24  submitted to the attorney general administrative law judge under 
 31.25  sections 14.22 to 14.28; 
 31.26     (7) the attorney general's administrative law judge's 
 31.27  written statement of required modifications and of approval or 
 31.28  disapproval by the chief administrative law judge, if any; 
 31.29     (8) any documents required by applicable rules of the 
 31.30  office of administrative hearings or of the attorney general; 
 31.31     (9) the agency's order adopting the rule; 
 31.32     (10) the revisor's certificate approving the form of the 
 31.33  rule; and 
 31.34     (11) a copy of the adopted rule as filed with the secretary 
 31.35  of state.  
 31.36     Sec. 26.  [14.366] [PUBLIC RULEMAKING DOCKET.] 
 32.1      (a) Each agency shall maintain a current, public rulemaking 
 32.2   docket.  
 32.3      (b) The rulemaking docket must contain a listing of the 
 32.4   precise subject matter of each possible proposed rule currently 
 32.5   under active consideration within the agency for proposal, the 
 32.6   name and address of agency personnel with whom persons may 
 32.7   communicate with respect to the matter, and an indication of its 
 32.8   present status within the agency. 
 32.9      (c) The rulemaking docket must list each pending rulemaking 
 32.10  proceeding.  A rulemaking proceeding is pending from the time it 
 32.11  is begun, by publication of the notice of solicitation, the 
 32.12  notice of intent to adopt, or notice of hearing, to the time it 
 32.13  is terminated, by publication of a notice of withdrawal or the 
 32.14  rule becoming effective.  For each rulemaking proceeding, the 
 32.15  docket must indicate:  
 32.16     (1) the subject matter of the proposed rule; 
 32.17     (2) a citation to all published notices relating to the 
 32.18  proceeding; 
 32.19     (3) where written comments on the proposed rule may be 
 32.20  inspected; 
 32.21     (4) the time during which written comments may be made; 
 32.22     (5) the names of persons who have made written requests for 
 32.23  a public hearing, where those requests may be inspected, and 
 32.24  where and when the hearing will be held; 
 32.25     (6) the current status of the proposed rule and any agency 
 32.26  determinations with respect to the rule; 
 32.27     (7) any known timetable for agency decisions or other 
 32.28  action in the proceeding; 
 32.29     (8) the date of the rule's adoption; 
 32.30     (9) the date the rule was filed with the secretary of 
 32.31  state; and 
 32.32     (10) when the rule will become effective.  
 32.33     Sec. 27.  [14.386] [PROCEDURE FOR ADOPTING EXEMPT RULES; 
 32.34  DURATION.] 
 32.35     (a) A rule adopted, amended, or repealed by an agency, 
 32.36  under a statute authorizing or requiring rules to be adopted but 
 33.1   excluded from the rulemaking provisions of chapter 14 or from 
 33.2   the definition of a rule, has the force and effect of law only 
 33.3   if: 
 33.4      (1) the revisor of statutes approves the form of the rule 
 33.5   by certificate; 
 33.6      (2) the office of administrative hearings approves the rule 
 33.7   as to its legality within 14 days after the agency submits it 
 33.8   for approval and files two copies of the rule with the revisor's 
 33.9   certificate in the office of the secretary of state; and 
 33.10     (3) a copy is published by the agency in the State Register.
 33.11     (b) A rule adopted under this section is effective for a 
 33.12  period of two years from the date of publication of the rule in 
 33.13  the State Register.  The authority for the rule expires at the 
 33.14  end of this two-year period. 
 33.15     (c) The chief administrative law judge shall adopt rules 
 33.16  relating to the rule approval duties imposed by this section and 
 33.17  section 14.388, including rules establishing standards for 
 33.18  review. 
 33.19     (d) This section does not apply to rules adopted, amended, 
 33.20  or repealed under section 14.388. 
 33.21     This section also does not apply to: 
 33.22     (1) rules implementing emergency powers pursuant to 
 33.23  sections 12.31 to 12.37; 
 33.24     (2) rules of agencies directly in the legislative or 
 33.25  judicial branches; 
 33.26     (3) rules of the regents of the University of Minnesota; 
 33.27     (4) rules of the department of military affairs; 
 33.28     (5) rules of the comprehensive health association provided 
 33.29  in section 62E.10; 
 33.30     (6) rules of the tax court provided by section 271.06; 
 33.31     (7) rules concerning only the internal management of the 
 33.32  agency or other agencies, and which do not directly affect the 
 33.33  rights of or procedure available to the public; 
 33.34     (8) rules of the commissioner of corrections relating to 
 33.35  the placement and supervision of inmates serving a supervised 
 33.36  release term, the internal management of institutions under the 
 34.1   commissioner's control, and rules adopted under section 609.105 
 34.2   governing the inmates of those institutions; 
 34.3      (9) rules relating to weight limitations on the use of 
 34.4   highways when the substance of the rules is indicated to the 
 34.5   public by means of signs; 
 34.6      (10) opinions of the attorney general; 
 34.7      (11) the systems architecture plan and long-range plan of 
 34.8   the state education management information system provided by 
 34.9   section 121.931; 
 34.10     (12) the data element dictionary and the annual data 
 34.11  acquisition calendar of the department of education to the 
 34.12  extent provided by section 121.932; 
 34.13     (13) the occupational safety and health standards provided 
 34.14  in section 182.655; 
 34.15     (14) revenue notices and tax information bulletins of the 
 34.16  commissioner of revenue; 
 34.17     (15) uniform conveyancing forms adopted by the commissioner 
 34.18  of commerce under section 507.09; 
 34.19     (16) game and fish rules of the commissioner of natural 
 34.20  resources adopted under section 84.027, subdivision 13, or 
 34.21  sections 97A.0451 to 97A.0459; or 
 34.22     (17) experimental and special management waters designated 
 34.23  by the commissioner of natural resources under sections 97C.001 
 34.24  and 97C.005. 
 34.25     Sec. 28.  [14.387] [LEGAL STATUS OF EXISTING EXEMPT RULES.] 
 34.26     A rule adopted on or before the day following final 
 34.27  enactment of this section, and which was not adopted under 
 34.28  sections 14.05 to 14.36 or their predecessor provisions, does 
 34.29  not have the force and effect of law on and after July 1, 1997, 
 34.30  and the authority for the rule expires on that date.  
 34.31     This section does not apply to: 
 34.32     (1) rules implementing emergency powers under sections 
 34.33  12.31 to 12.37; 
 34.34     (2) rules of agencies directly in the legislative or 
 34.35  judicial branches; 
 34.36     (3) rules of the regents of the University of Minnesota; 
 35.1      (4) rules of the department of military affairs; 
 35.2      (5) rules of the comprehensive health association provided 
 35.3   in section 62E.10; 
 35.4      (6) rules of the tax court provided by section 271.06; 
 35.5      (7) rules concerning only the internal management of the 
 35.6   agency or other agencies, and which do not directly affect the 
 35.7   rights of or procedure available to the public; 
 35.8      (8) rules of the commissioner of corrections relating to 
 35.9   the placement and supervision of inmates serving a supervised 
 35.10  release term, the internal management of institutions under the 
 35.11  commissioner's control, and rules adopted under section 609.105 
 35.12  governing the inmates of those institutions; 
 35.13     (9) rules relating to weight limitations on the use of 
 35.14  highways when the substance of the rules is indicated to the 
 35.15  public by means of signs; 
 35.16     (10) opinions of the attorney general; 
 35.17     (11) the systems architecture plan and long-range plan of 
 35.18  the state education management information system provided by 
 35.19  section 121.931; 
 35.20     (12) the data element dictionary and the annual data 
 35.21  acquisition calendar of the department of education to the 
 35.22  extent provided by section 121.932; 
 35.23     (13) the occupational safety and health standards provided 
 35.24  in section 182.655; 
 35.25     (14) revenue notices and tax information bulletins of the 
 35.26  commissioner of revenue; 
 35.27     (15) uniform conveyancing forms adopted by the commissioner 
 35.28  of commerce under section 507.09; 
 35.29     (16) game and fish rules of the commissioner of natural 
 35.30  resources adopted under section 84.027, subdivision 13, or 
 35.31  sections 97A.0451 to 97A.0459; or 
 35.32     (17) experimental and special management waters designated 
 35.33  by the commissioner of natural resources under sections 97C.001 
 35.34  and 97C.005. 
 35.35     Sec. 29.  [14.388] [GOOD CAUSE EXEMPTION.] 
 35.36     If an agency for good cause finds that the rulemaking 
 36.1   provisions of this chapter are unnecessary, impracticable, or 
 36.2   contrary to the public interest when adopting, amending, or 
 36.3   repealing a rule to: 
 36.4      (1) address a serious and immediate threat to the public 
 36.5   health, safety, or welfare; 
 36.6      (2) comply with a court order or a requirement in federal 
 36.7   law in a manner that does not allow for compliance with sections 
 36.8   14.14 to 14.28; 
 36.9      (3) incorporate specific changes set forth in applicable 
 36.10  statutes when no interpretation of law is required; or 
 36.11     (4) make changes that do not alter the sense, meaning, or 
 36.12  effect of a rule, 
 36.13  the agency may adopt, amend, or repeal the rule after satisfying 
 36.14  the requirements of section 14.386, paragraph (a), clauses (1) 
 36.15  to (3).  The agency shall incorporate its findings and a brief 
 36.16  statement of its supporting reasons in its order adopting, 
 36.17  amending, or repealing the rule. 
 36.18     In review of the rule under section 14.386, the office of 
 36.19  administrative hearings shall determine whether the agency has 
 36.20  provided adequate justification for its use of this section. 
 36.21     Rules adopted, amended, or repealed under clauses (1) and 
 36.22  (2) are effective for a period of two years from the date of 
 36.23  publication of the rule in the State Register. 
 36.24     Rules adopted, amended, or repealed under clause (3) or (4) 
 36.25  are effective upon publication in the State Register. 
 36.26     Sec. 30.  Minnesota Statutes 1994, section 14.48, is 
 36.27  amended to read: 
 36.28     14.48 [CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS; CHIEF 
 36.29  ADMINISTRATIVE LAW JUDGE APPOINTED; OTHER ADMINISTRATIVE LAW 
 36.30  JUDGES APPOINTED.] 
 36.31     A state office of administrative hearings is created.  The 
 36.32  office shall be under the direction of a chief administrative 
 36.33  law judge who shall be learned in the law and appointed by the 
 36.34  governor, with the advice and consent of the senate, for a term 
 36.35  ending on June 30 of the sixth calendar year after appointment.  
 36.36  Senate confirmation of the chief administrative law judge shall 
 37.1   be as provided by section 15.066.  The chief administrative law 
 37.2   judge may hear cases and shall appoint additional administrative 
 37.3   law judges and compensation judges to serve in the office as 
 37.4   necessary to fulfill the duties prescribed in sections 14.48 to 
 37.5   14.56 chapters 14 and chapter 176.  The chief administrative law 
 37.6   judge may delegate to a subordinate employee the exercise of a 
 37.7   specified statutory power or duty as deemed advisable, subject 
 37.8   to the control of the chief administrative law judge.  Every 
 37.9   delegation must be by written order filed with the secretary of 
 37.10  state.  All administrative law judges and compensation judges 
 37.11  shall be in the classified service except that the chief 
 37.12  administrative law judge shall be in the unclassified service, 
 37.13  but may be removed only for cause.  All administrative law 
 37.14  judges shall have demonstrated knowledge of administrative 
 37.15  procedures and shall be free of any political or economic 
 37.16  association that would impair their ability to function 
 37.17  officially in a fair and objective manner.  All workers' 
 37.18  compensation judges shall be learned in the law, shall have 
 37.19  demonstrated knowledge of workers' compensation laws and shall 
 37.20  be free of any political or economic association that would 
 37.21  impair their ability to function officially in a fair and 
 37.22  objective manner. 
 37.23     Sec. 31.  Minnesota Statutes 1994, section 14.51, is 
 37.24  amended to read: 
 37.25     14.51 [PROCEDURAL RULES FOR HEARINGS.] 
 37.26     The chief administrative law judge shall adopt rules to 
 37.27  govern:  (1) the procedural conduct of all hearings, relating to 
 37.28  both rule adoption, amendment, suspension or repeal hearings, 
 37.29  contested case hearings, and workers' compensation hearings, and 
 37.30  to govern the conduct of voluntary mediation sessions for 
 37.31  rulemaking and contested cases other than those within the 
 37.32  jurisdiction of the bureau of mediation services.  Temporary 
 37.33  rulemaking authority is granted to the chief administrative law 
 37.34  judge for the purpose of implementing Laws 1981, chapter 346, 
 37.35  sections 2 to 6, 103 to 122, 127 to 135, and 141; and (2) the 
 37.36  review of rules adopted without a public hearing.  The 
 38.1   procedural rules for hearings shall be binding upon all agencies 
 38.2   and shall supersede any other agency procedural rules with which 
 38.3   they may be in conflict.  The procedural rules for hearings 
 38.4   shall include in addition to normal procedural matters 
 38.5   provisions relating to recessing and reconvening new 
 38.6   hearings the procedure to be followed when the proposed final 
 38.7   rule of an agency is substantially different, as determined 
 38.8   under section 14.05, subdivision 2, from that which was proposed 
 38.9   at the public hearing.  The procedural rules shall establish a 
 38.10  procedure whereby the proposed final rule of an agency shall be 
 38.11  reviewed by the chief administrative law judge to determine 
 38.12  whether or not a new hearing is required because on the issue of 
 38.13  substantial changes whether the proposed final rule of the 
 38.14  agency is substantially different than that which was proposed 
 38.15  or failure of the agency to meet the requirements of sections 
 38.16  14.131 to 14.18 chapter 14.  The rules must also provide:  (1) 
 38.17  an expedited procedure, consistent with section 14.001, clauses 
 38.18  (1) to (5), for the adoption of substantially different rules by 
 38.19  agencies; and (2) a procedure to allow an agency to receive 
 38.20  prior binding approval of its plan regarding the additional 
 38.21  notice contemplated under sections 14.101, 14.131, 14.14, 14.22, 
 38.22  and 14.23.  Upon the chief administrative law judge's own 
 38.23  initiative or upon written request of an interested party, the 
 38.24  chief administrative law judge may issue a subpoena for the 
 38.25  attendance of a witness or the production of books, papers, 
 38.26  records or other documents as are material to the matter being 
 38.27  heard.  The subpoenas shall be enforceable through the district 
 38.28  court in the district in which the subpoena is issued. 
 38.29     Sec. 32.  Minnesota Statutes 1994, section 16A.1285, 
 38.30  subdivision 2, is amended to read: 
 38.31     Subd. 2.  [POLICY.] Unless otherwise provided by law, 
 38.32  specific charges falling within definitions stipulated in 
 38.33  subdivision 1 must be set in the manner prescribed in this 
 38.34  subdivision provided that:  (1) agencies, when setting, 
 38.35  adjusting, or authorizing any charge for goods or services that 
 38.36  are of direct, immediate, and primary benefit to an individual, 
 39.1   business, or other nonstate entity, shall set the charges at a 
 39.2   level that neither significantly over recovers nor under 
 39.3   recovers costs, including overhead costs, involved in providing 
 39.4   the services; or (2) that agencies, when setting, adjusting, or 
 39.5   establishing regulatory, licensure, or other charges that are 
 39.6   levied, in whole or in part, in the public interest shall 
 39.7   recover, but are not limited to, the costs involved in 
 39.8   performance and administration of the functions involved. 
 39.9      Unless specifically provided otherwise in statute, in 
 39.10  setting, adjusting, or authorizing charges that in whole or in 
 39.11  part recover previously unrecovered costs, recovery is limited 
 39.12  to those unrecovered costs incurred during the two fiscal years 
 39.13  immediately preceding the setting, adjustment, or authorization. 
 39.14     Sec. 33.  Minnesota Statutes 1994, section 16A.1285, 
 39.15  subdivision 4, is amended to read: 
 39.16     Subd. 4.  [RULEMAKING.] (a) Unless otherwise exempted or 
 39.17  unless specifically set by law, all charges for goods and 
 39.18  services, licenses, and regulation must be established or 
 39.19  adjusted as provided in chapter 14; except that agencies may 
 39.20  establish or adjust individual the following kinds of charges 
 39.21  when:  
 39.22     (1) charges for goods and services are provided for the 
 39.23  direct and primary use of a private individual, business, or 
 39.24  other similar entity; 
 39.25     (2) charges are nonrecurring charges; 
 39.26     (3) charges that would produce insignificant revenues; 
 39.27     (4) charges are billed within or between state agencies; or 
 39.28     (5) charges are for admissions to or for use of public 
 39.29  facilities operated by the state, if the charges are set 
 39.30  according to prevailing market conditions to recover operating 
 39.31  costs. 
 39.32     (b) In addition to the exceptions in paragraph (a), 
 39.33  agencies may adjust charges, with the approval of the 
 39.34  commissioner of finance, if the; or 
 39.35     (6) proposed adjustments to charges that are within 
 39.36  consumer price level (CPI) ranges stipulated by the commissioner 
 40.1   of finance, if the adjustments and do not change the type or 
 40.2   purpose of the item being adjusted. 
 40.3      (c) Any (b) Departmental earnings changes or adjustments 
 40.4   authorized by the commissioner of finance or listed in paragraph 
 40.5   (a), clause (1), (5), or (6), must be reported by the 
 40.6   commissioner of finance to the chairs of the senate committee on 
 40.7   finance and the house ways and means committee before August 1 
 40.8   November 30 of each year. 
 40.9      Sec. 34.  Minnesota Statutes 1994, section 16A.1285, 
 40.10  subdivision 5, is amended to read: 
 40.11     Subd. 5.  [PROCEDURE.] The commissioner of finance shall 
 40.12  review and comment on all departmental charges submitted for 
 40.13  approval under chapter 14.  The commissioner's comments and 
 40.14  recommendations must be included in the statement of need and 
 40.15  reasonableness and must address any fiscal and policy concerns 
 40.16  raised during the review process. 
 40.17     Sec. 35.  Minnesota Statutes 1994, section 17.84, is 
 40.18  amended to read: 
 40.19     17.84 [DUTIES OF THE COMMISSIONER.] 
 40.20     Within 30 days of the receipt of the notices notice 
 40.21  provided in section 17.82 or 17.83, the commissioner shall 
 40.22  review the agency's proposed action, shall negotiate with the 
 40.23  agency, and shall recommend to the agency in writing the 
 40.24  implementation either of the action as proposed or an 
 40.25  alternative.  In making recommendations, the commissioner shall 
 40.26  follow the statement of policy contained in section 17.80.  If 
 40.27  the proposed agency action is the adoption of a rule, the 
 40.28  recommendation of the commissioner shall be made a part of the 
 40.29  record in the rule hearing.  If the agency receives no response 
 40.30  from the commissioner within 30 days, it shall be deemed a 
 40.31  recommendation that the agency take the action as proposed.  
 40.32     Sec. 36.  Minnesota Statutes 1994, section 18E.03, 
 40.33  subdivision 3, is amended to read: 
 40.34     Subd. 3.  [DETERMINATION OF RESPONSE AND REIMBURSEMENT 
 40.35  FEE.] (a) The commissioner shall determine the amount of the 
 40.36  response and reimbursement fee under subdivision 4 after a 
 41.1   public hearing, but notwithstanding section 16A.128, based on: 
 41.2      (1) the amount needed to maintain an unencumbered balance 
 41.3   in the account of $1,000,000; 
 41.4      (2) the amount estimated to be needed for responses to 
 41.5   incidents as provided in subdivision 2, clauses (1) and (2); and 
 41.6      (3) the amount needed for payment and reimbursement under 
 41.7   section 18E.04. 
 41.8      (b) The commissioner shall determine the response and 
 41.9   reimbursement fee so that the total balance in the account does 
 41.10  not exceed $5,000,000.  
 41.11     (c) Money from the response and reimbursement fee shall be 
 41.12  deposited in the treasury and credited to the agricultural 
 41.13  chemical response and reimbursement account. 
 41.14     Sec. 37.  Minnesota Statutes 1994, section 43A.04, is 
 41.15  amended by adding a subdivision to read: 
 41.16     Subd. 11.  [TRAINING FOR AGENCY RULEMAKING STAFF.] The 
 41.17  commissioner, in cooperation with the office of administrative 
 41.18  hearings, the attorney general, the revisor of statutes, and 
 41.19  experienced agency rulemaking staff, shall provide training to 
 41.20  agency staff involved in rulemaking, including information about 
 41.21  the availability of mediators through the office of 
 41.22  administrative hearings. 
 41.23     The commissioner may charge agency staff a registration fee 
 41.24  for attending this training.  The fee must be set at a level 
 41.25  that permits the commissioner to recover the costs, excluding 
 41.26  costs of staff time for staff positions funded through general 
 41.27  fund appropriations, of providing this training. 
 41.28     The office of administrative hearings, the attorney 
 41.29  general, agencies involved in providing this training, and the 
 41.30  revisor of statutes shall not assess the commissioner for the 
 41.31  cost of staff time to conduct the training provided under this 
 41.32  subdivision. 
 41.33     Sec. 38.  Minnesota Statutes 1994, section 62N.05, is 
 41.34  amended by adding a subdivision to read: 
 41.35     Subd. 4.  [RECOVERY OF COSTS.] The provisions of section 
 41.36  16A.1285, subdivision 2, limiting recovery of costs to the two 
 42.1   fiscal years immediately preceding the setting, adjustment, or 
 42.2   authorization of fees do not apply to fees charged to entities 
 42.3   licensed under this chapter.  This subdivision expires June 30, 
 42.4   1999. 
 42.5      Sec. 39.  Minnesota Statutes 1994, section 84.027, is 
 42.6   amended by adding a subdivision to read: 
 42.7      Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
 42.8   natural resources may adopt rules under sections 97A.0451 to 
 42.9   97A.0459 and this subdivision that are authorized under: 
 42.10     (1) chapters 97A, 97B, and 97C to set open seasons and 
 42.11  areas, to close seasons and areas, to select hunters for areas, 
 42.12  to provide for tagging and registration of game, to prohibit or 
 42.13  allow taking of wild animals to protect a species, and to 
 42.14  prohibit or allow importation, transportation, or possession of 
 42.15  a wild animal; and 
 42.16     (2) sections 84.093, 84.14, 84.15, and 84.152 to set 
 42.17  seasons for harvesting wild ginseng roots and wild rice and to 
 42.18  restrict or prohibit harvesting in designated areas. 
 42.19     Clause (2) does not limit or supersede the commissioner's 
 42.20  authority to establish opening dates, days, and hours of the 
 42.21  wild rice harvesting season under section 84.14, subdivision 3. 
 42.22     (b) If conditions exist that do not allow the commissioner 
 42.23  to comply with sections 97A.0451 to 97A.0459, the commissioner 
 42.24  may adopt a rule under this subdivision by submitting the rule 
 42.25  to the attorney general for review under section 97A.0455, 
 42.26  publishing a notice in the State Register and filing the rule 
 42.27  with the secretary of state and the legislative commission to 
 42.28  review administrative rules, and complying with section 
 42.29  97A.0459, and including a statement of the emergency conditions 
 42.30  and a copy of the rule in the notice.  The notice may be 
 42.31  published after it is received from the attorney general or five 
 42.32  business days after it is submitted to the attorney general, 
 42.33  whichever is earlier. 
 42.34     (c) Rules adopted under paragraph (b) are effective upon 
 42.35  publishing in the State Register and may be effective up to 
 42.36  seven days before publishing and filing under paragraph (b), if: 
 43.1      (1) the commissioner of natural resources determines that 
 43.2   an emergency exists; 
 43.3      (2) the attorney general approves the rule; and 
 43.4      (3) for a rule that affects more than three counties the 
 43.5   commissioner publishes the rule once in a legal newspaper 
 43.6   published in Minneapolis, St. Paul, and Duluth, or for a rule 
 43.7   that affects three or fewer counties the commissioner publishes 
 43.8   the rule once in a legal newspaper in each of the affected 
 43.9   counties. 
 43.10     (d) Except as provided in paragraph (e), a rule published 
 43.11  under paragraph (c), clause (3), may not be effective earlier 
 43.12  than seven days after publication. 
 43.13     (e) A rule published under paragraph (c), clause (3), may 
 43.14  be effective the day the rule is published if the commissioner 
 43.15  gives notice and holds a public hearing on the rule within 15 
 43.16  days before publication. 
 43.17     (f) The commissioner shall attempt to notify persons or 
 43.18  groups of persons affected by rules adopted under paragraphs (b) 
 43.19  and (c) by public announcements, posting, and other appropriate 
 43.20  means as determined by the commissioner. 
 43.21     (g) Notwithstanding section 97A.0458, a rule adopted under 
 43.22  this subdivision is effective for the period stated in the 
 43.23  notice but not longer than 18 months after the rule is adopted. 
 43.24     Sec. 40.  [97A.0451] [AUTHORITY FOR USE OF EMERGENCY RULES 
 43.25  PROCEDURE; EXPIRATION OF AUTHORITY.] 
 43.26     Subdivision 1.  [WHEN TO USE EMERGENCY RULEMAKING.] When 
 43.27  the commissioner is directed by statute, federal law, or court 
 43.28  order to adopt, amend, suspend, or repeal a rule in a manner 
 43.29  that does not allow for compliance with sections 14.14 to 14.28, 
 43.30  or if the commissioner is expressly required or authorized by 
 43.31  statute to adopt emergency rules, the commissioner shall adopt 
 43.32  emergency rules in accordance with sections 97A.0451 to 97A.0459.
 43.33     Subd. 2.  [180-DAY TIME LIMIT.] Unless the commissioner is 
 43.34  directed by federal law or court order to adopt, amend, suspend, 
 43.35  or repeal a rule in a manner that does not allow for compliance 
 43.36  with sections 14.14 to 14.28, the commissioner may not adopt an 
 44.1   emergency rule later than 180 days after the effective date of 
 44.2   the statutory authority, except as provided in section 84.027, 
 44.3   subdivision 13.  If emergency rules are not adopted within the 
 44.4   time allowed, the authority for the rules expires.  The time 
 44.5   limit of this section does not include any days used for review 
 44.6   by the attorney general.  If the 180-day period expires while 
 44.7   the attorney general is reviewing the rule and the attorney 
 44.8   general disapproves the rule, the commissioner may resubmit the 
 44.9   rule to the attorney general after taking corrective action.  
 44.10  The resubmission must occur within five working days after the 
 44.11  commissioner receives written notice of disapproval.  If the 
 44.12  rule is again disapproved by the attorney general, it is 
 44.13  withdrawn.  
 44.14     Sec. 41.  [97A.0452] [NOTICE OF PROPOSED ADOPTION OF 
 44.15  EMERGENCY RULE.] 
 44.16     The proposed emergency rule must be published with a notice 
 44.17  of intent to adopt emergency rules in the State Register, and 
 44.18  the same notice must be mailed to all persons registered with 
 44.19  the commissioner to receive notice of any rulemaking 
 44.20  proceedings.  The notice must include a statement advising the 
 44.21  public that a free copy of the proposed rule is available on 
 44.22  request from the commissioner and that notice of the date of 
 44.23  submission of the proposed emergency rule to the attorney 
 44.24  general will be mailed to any person requesting to receive the 
 44.25  notice.  For at least 25 days after publication the commissioner 
 44.26  shall afford all interested persons an opportunity to submit 
 44.27  data and views on the proposed emergency rule in writing.  The 
 44.28  notice must also include the date on which the 25-day comment 
 44.29  period ends. 
 44.30     Sec. 42.  [97A.0453] [NOTICE TO COMMITTEES FOR FEES FIXED 
 44.31  BY RULE.] 
 44.32     Before the commissioner submits notice to the State 
 44.33  Register of intent to adopt emergency rules that establish or 
 44.34  adjust fees, the commissioner shall comply with section 16A.128, 
 44.35  subdivision 2a. 
 44.36     Sec. 43.  [97A.0454] [MODIFICATIONS OF PROPOSED EMERGENCY 
 45.1   RULE.] 
 45.2      The proposed emergency rule may be modified if the 
 45.3   modifications are supported by the data and views submitted to 
 45.4   the commissioner. 
 45.5      Sec. 44.  [97A.0455] [SUBMISSION OF PROPOSED EMERGENCY RULE 
 45.6   TO ATTORNEY GENERAL.] 
 45.7      Subdivision 1.  [SUBMISSION.] The commissioner shall submit 
 45.8   to the attorney general the proposed emergency rule as 
 45.9   published, with any modifications.  On the same day that it is 
 45.10  submitted, the commissioner shall mail notice of the submission 
 45.11  to all persons who requested to be informed that the proposed 
 45.12  emergency rule has been submitted to the attorney general.  If 
 45.13  the proposed emergency rule has been modified, the notice must 
 45.14  state that fact, and must state that a free copy of the proposed 
 45.15  emergency rule, as modified, is available upon request from the 
 45.16  commissioner. 
 45.17     Subd. 2.  [REVIEW.] The attorney general shall review the 
 45.18  proposed emergency rule as to its legality, review its form to 
 45.19  the extent the form relates to legality, and shall approve or 
 45.20  disapprove the proposed emergency rule and any modifications on 
 45.21  the tenth working day following the date of receipt of the 
 45.22  proposed emergency rule from the commissioner.  The attorney 
 45.23  general shall send a statement of reasons for disapproval of the 
 45.24  rule to the commissioner, the chief administrative law judge, 
 45.25  the legislative commission to review administrative rules, and 
 45.26  to the revisor of statutes. 
 45.27     The attorney general shall disregard any error or defect in 
 45.28  the proceeding due to the commissioner's failure to satisfy any 
 45.29  procedural requirement imposed by law or rule if the attorney 
 45.30  general finds: 
 45.31     (1) that the failure did not deprive any person or entity 
 45.32  of an opportunity to participate meaningfully in the rulemaking 
 45.33  process; or 
 45.34     (2) that the commissioner has taken corrective action to 
 45.35  cure the error or defect so that the failure did not deprive any 
 45.36  person or entity of an opportunity to participate meaningfully 
 46.1   in the rulemaking process. 
 46.2      Subd. 3.  [COSTS.] The attorney general shall assess the 
 46.3   commissioner for the actual cost of processing rules under this 
 46.4   section.  The commissioner shall include in the department's 
 46.5   budget money to pay the attorney general's assessment.  Receipts 
 46.6   from the assessment must be deposited in the state treasury and 
 46.7   credited to the general fund. 
 46.8      Sec. 45.  [97A.0456] [EFFECTIVE DATE OF EMERGENCY RULE.] 
 46.9      The emergency rule takes effect five working days after 
 46.10  approval by the attorney general.  The attorney general shall 
 46.11  file two copies of the approved emergency rule with the 
 46.12  secretary of state.  The secretary of state shall forward one 
 46.13  copy of each approved and filed emergency rule to the revisor of 
 46.14  statutes.  Failure of the attorney general to approve or 
 46.15  disapprove a proposed emergency rule within ten working days is 
 46.16  approval. 
 46.17     Sec. 46.  [97A.0457] [PUBLICATION OF APPROVAL.] 
 46.18     As soon as practicable, notice of the attorney general's 
 46.19  decision must be published in the State Register and the adopted 
 46.20  rule must be published in the manner as provided for adopted 
 46.21  rules in section 14.18. 
 46.22     Sec. 47.  [97A.0458] [EFFECTIVE PERIOD OF EMERGENCY RULE.] 
 46.23     Emergency rules adopted under sections 97A.0451 to 97A.0459 
 46.24  shall be effective for the period stated in the notice of intent 
 46.25  to adopt emergency rules which may not be longer than 180 days.  
 46.26  The emergency rules may be continued in effect for an additional 
 46.27  period of up to 180 days if the commissioner gives notice of 
 46.28  continuation by publishing notice in the State Register and 
 46.29  mailing the same notice to all persons registered with the 
 46.30  commissioner to receive notice of any rulemaking proceedings.  
 46.31  The continuation is not effective until these notices have been 
 46.32  mailed.  No emergency rule may remain in effect on a date 361 
 46.33  days after its original effective date.  The emergency rules may 
 46.34  not be continued in effect after 360 days without following the 
 46.35  procedure of sections 14.14 to 14.28. 
 46.36     Sec. 48.  [97A.0459] [APPROVAL OF FORM OF EMERGENCY RULE.] 
 47.1      No approved emergency rule shall be filed with the 
 47.2   secretary of state or published in the State Register unless the 
 47.3   revisor of statutes has certified that the emergency rule's form 
 47.4   is approved. 
 47.5      Sec. 49.  Minnesota Statutes 1994, section 116.07, 
 47.6   subdivision 4d, is amended to read: 
 47.7      Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
 47.8   fees in amounts not greater than those necessary to cover the 
 47.9   reasonable costs of reviewing and acting upon applications for 
 47.10  agency permits and implementing and enforcing the conditions of 
 47.11  the permits pursuant to agency rules.  Permit fees shall not 
 47.12  include the costs of litigation.  The agency shall adopt rules 
 47.13  under section 16A.128 establishing the amounts and methods of 
 47.14  collection of any permit fees collected under this subdivision.  
 47.15  The fee schedule must reflect reasonable and routine permitting, 
 47.16  implementation, and enforcement costs.  The agency may impose an 
 47.17  additional enforcement fee to be collected for a period of up to 
 47.18  two years to cover the reasonable costs of implementing and 
 47.19  enforcing the conditions of a permit under the rules of the 
 47.20  agency.  Any money collected under this paragraph shall be 
 47.21  deposited in the special revenue account. 
 47.22     (b) Notwithstanding paragraph (a), and section 16A.128, 
 47.23  subdivision 1, the agency shall collect an annual fee from the 
 47.24  owner or operator of all stationary sources, emission 
 47.25  facilities, emissions units, air contaminant treatment 
 47.26  facilities, treatment facilities, potential air contaminant 
 47.27  storage facilities, or storage facilities subject to the 
 47.28  requirement to obtain a permit under Title V of the federal 
 47.29  Clean Air Act Amendments of 1990, Public Law Number 101-549, 
 47.30  Statutes at Large, volume 104, pages 2399 et seq., or section 
 47.31  116.081.  The annual fee shall be used to pay for all direct and 
 47.32  indirect reasonable costs, including attorney general costs, 
 47.33  required to develop and administer the permit program 
 47.34  requirements of Title V of the federal Clean Air Act Amendments 
 47.35  of 1990, Public Law Number 101-549, Statutes at Large, volume 
 47.36  104, pages 2399 et seq., and sections of this chapter and the 
 48.1   rules adopted under this chapter related to air contamination 
 48.2   and noise.  Those costs include the reasonable costs of 
 48.3   reviewing and acting upon an application for a permit; 
 48.4   implementing and enforcing statutes, rules, and the terms and 
 48.5   conditions of a permit; emissions, ambient, and deposition 
 48.6   monitoring; preparing generally applicable regulations; 
 48.7   responding to federal guidance; modeling, analyses, and 
 48.8   demonstrations; preparing inventories and tracking emissions; 
 48.9   providing information to the public about these activities; and, 
 48.10  after June 30, 1992, the costs of acid deposition monitoring 
 48.11  currently assessed under section 116C.69, subdivision 3. 
 48.12     (c) The agency shall adopt fee rules in accordance with the 
 48.13  procedures in section 16A.128, subdivisions 1a and 2a, 16A.1285 
 48.14  that will result in the collection, in the aggregate, from the 
 48.15  sources listed in paragraph (b), of the following amounts: 
 48.16     (1) in fiscal years 1992 and 1993, the amount appropriated 
 48.17  by the legislature from the air quality account in the 
 48.18  environmental fund for the agency's air quality program; 
 48.19     (2) for fiscal year 1994 and thereafter, an amount not less 
 48.20  than $25 per ton of each volatile organic compound; pollutant 
 48.21  regulated under United States Code, title 42, section 7411 or 
 48.22  7412 (section 111 or 112 of the federal Clean Air Act); and each 
 48.23  pollutant, except carbon monoxide, for which a national primary 
 48.24  ambient air quality standard has been promulgated; and 
 48.25     (3) for fiscal year 1994 and thereafter, the agency fee 
 48.26  rules may also result in the collection, in the aggregate, from 
 48.27  the sources listed in paragraph (b), of an amount not less than 
 48.28  $25 per ton of each pollutant not listed in clause (2) that is 
 48.29  regulated under Minnesota Rules, chapter 7005, or for which a 
 48.30  state primary ambient air quality standard has been adopted.  
 48.31  The agency must not include in the calculation of the aggregate 
 48.32  amount to be collected under the fee rules any amount in excess 
 48.33  of 4,000 tons per year of each air pollutant from a source. 
 48.34     (d) To cover the reasonable costs described in paragraph 
 48.35  (b), the agency shall provide in the rules promulgated under 
 48.36  paragraph (c) for an increase in the fee collected in each year 
 49.1   beginning after fiscal year 1993 by the percentage, if any, by 
 49.2   which the Consumer Price Index for the most recent calendar year 
 49.3   ending before the beginning of the year the fee is collected 
 49.4   exceeds the Consumer Price Index for the calendar year 1989.  
 49.5   For purposes of this paragraph the Consumer Price Index for any 
 49.6   calendar year is the average of the Consumer Price Index for 
 49.7   all-urban consumers published by the United States Department of 
 49.8   Labor, as of the close of the 12-month period ending on August 
 49.9   31 of each calendar year.  The revision of the Consumer Price 
 49.10  Index that is most consistent with the Consumer Price Index for 
 49.11  calendar year 1989 shall be used. 
 49.12     (e) Any money collected under paragraphs (b) to (d) must be 
 49.13  deposited in an air quality account in the environmental fund 
 49.14  and must be used solely for the activities listed in paragraph 
 49.15  (b).  
 49.16     (f) Persons who wish to construct or expand an air emission 
 49.17  facility may offer to reimburse the agency for the costs of 
 49.18  staff overtime or consultant services needed to expedite permit 
 49.19  review.  The reimbursement shall be in addition to fees imposed 
 49.20  by paragraphs (a) to (d).  When the agency determines that it 
 49.21  needs additional resources to review the permit application in 
 49.22  an expedited manner, and that expediting the review would not 
 49.23  disrupt air permitting program priorities, the agency may accept 
 49.24  the reimbursement.  Reimbursements accepted by the agency are 
 49.25  appropriated to the agency for the purpose of reviewing the 
 49.26  permit application.  Reimbursement by a permit applicant shall 
 49.27  precede and not be contingent upon issuance of a permit and 
 49.28  shall not affect the agency's decision on whether to issue or 
 49.29  deny a permit, what conditions are included in a permit, or the 
 49.30  application of state and federal statutes and rules governing 
 49.31  permit determinations. 
 49.32     Sec. 50.  Minnesota Statutes 1994, section 144.98, 
 49.33  subdivision 3, is amended to read: 
 49.34     Subd. 3.  [FEES.] (a) An application for certification 
 49.35  under subdivision 1 must be accompanied by the annual fee 
 49.36  specified in this subdivision.  The fees are for: 
 50.1      (1) base certification fee, $250; and 
 50.2      (2) test category certification fees: 
 50.3   Test Category                               Certification Fee
 50.4   Bacteriology                                         $100
 50.5   Inorganic chemistry, fewer than four constituents    $ 50
 50.6   Inorganic chemistry, four or more constituents       $150
 50.7   Chemistry metals, fewer than four constituents       $100
 50.8   Chemistry metals, four or more constituents          $250
 50.9   Volatile organic compounds                           $300
 50.10  Other organic compounds                              $300
 50.11     (b) The total annual certification fee is the base fee plus 
 50.12  the applicable test category fees.  The annual certification fee 
 50.13  for a contract laboratory is 1.5 times the total certification 
 50.14  fee. 
 50.15     (c) Laboratories located outside of this state that require 
 50.16  an on-site survey will be assessed an additional $1,200 fee. 
 50.17     (d) The commissioner of health may adjust fees under 
 50.18  section 16A.128, subdivision 2 16A.1285 without rulemaking.  
 50.19  Fees must be set so that the total fees support the laboratory 
 50.20  certification program.  Direct costs of the certification 
 50.21  service include program administration, inspections, the 
 50.22  agency's general support costs, and attorney general costs 
 50.23  attributable to the fee function. 
 50.24     Sec. 51.  Minnesota Statutes 1994, section 221.0335, is 
 50.25  amended to read: 
 50.26     221.0335 [HAZARDOUS MATERIALS TRANSPORTATION REGISTRATION; 
 50.27  FEES.] 
 50.28     A person required to file a registration statement under 
 50.29  section 106(c) of the federal Hazardous Materials Transportation 
 50.30  Safety Act of 1990 may not transport a hazardous material unless 
 50.31  the person files an annual hazardous materials registration 
 50.32  statement with the commissioner and pays a fee.  The 
 50.33  commissioner shall adopt rules to implement this section, 
 50.34  including administration of the registration program and 
 50.35  establishing registration fees.  A fee may not exceed a person's 
 50.36  annual registration fee under the federal act.  Fees must be set 
 51.1   in accordance with section 16A.128, subdivision 1a, 16A.1285 to 
 51.2   cover the costs of administering and enforcing this section and 
 51.3   the costs of hazardous materials incident response capability 
 51.4   under sections 299A.48 to 299A.52 and 299K.095.  All fees 
 51.5   collected under this section must be deposited in the general 
 51.6   fund.  
 51.7      Sec. 52.  Minnesota Statutes 1994, section 326.2421, 
 51.8   subdivision 3, is amended to read: 
 51.9      Subd. 3.  [ALARM AND COMMUNICATION CONTRACTOR'S LICENSES.] 
 51.10  No person may lay out, install, maintain, or repair alarm and 
 51.11  communication systems, unless the person is licensed as an alarm 
 51.12  and communication contractor under this subdivision, or is a 
 51.13  licensed electrical contractor under section 326.242, 
 51.14  subdivision 6, or is an employee of the contractor.  The board 
 51.15  of electricity shall issue an alarm and communication 
 51.16  contractor's license to any individual, corporation, 
 51.17  partnership, sole proprietorship, or other business entity that 
 51.18  provides adequate proof that a bond and insurance in the amounts 
 51.19  required by section 326.242, subdivision 6, have been obtained 
 51.20  by the applicant.  The board may initially shall set license 
 51.21  fees without rulemaking, pursuant to section 16A.128 16A.1285.  
 51.22  Installation of alarm and communication systems are subject to 
 51.23  inspection and inspection fees as provided in section 326.244, 
 51.24  subdivision 1a. 
 51.25     Sec. 53.  Minnesota Statutes 1994, section 341.10, is 
 51.26  amended to read: 
 51.27     341.10 [LICENSE FEES.] 
 51.28     The board shall have authority to collect and require the 
 51.29  payment of a license fee in an amount set by the board from the 
 51.30  owners of franchises or licenses.  Notwithstanding section 
 51.31  16A.128, subdivision 1a, The fee is not subject to approval by 
 51.32  the commissioner of finance and need not recover all costs.  The 
 51.33  board shall require the payment of the fee at the time of the 
 51.34  issuance of the license or franchise to the owner.  The moneys 
 51.35  so derived shall be collected by the board and paid to the state 
 51.36  treasurer.  The board shall have authority to license all 
 52.1   boxers, managers, seconds, referees and judges and may require 
 52.2   them to pay a license fee.  All moneys collected by the board 
 52.3   from such licenses shall be paid to the state treasurer. 
 52.4      Sec. 54.  [APPROPRIATION.] 
 52.5      (a) $35,000 is appropriated from the general fund to the 
 52.6   administrative hearings account in Minnesota Statutes, section 
 52.7   14.54, for the purposes of section 55.  The appropriation is 
 52.8   available until spent and must be reimbursed to the general fund 
 52.9   by June 30, 1997. 
 52.10     (b) The office of the attorney general shall transfer 
 52.11  $15,000 in fiscal year 1996 to the office of administrative 
 52.12  hearings. 
 52.13     Sec. 55.  [TRANSFER OF RULE REVIEW AUTHORITY.] 
 52.14     (a) The rule review duties of the office of the attorney 
 52.15  general are transferred to the office of administrative hearings 
 52.16  on January 1, 1996.  Minnesota Statutes, section 15.039, does 
 52.17  not apply to this transfer.  
 52.18     (b) Proposed rules for which a notice under Minnesota 
 52.19  Statutes, section 14.22 or 14.30, has been published in the 
 52.20  State Register before January 1, 1996, shall continue to be 
 52.21  reviewed by the attorney general under the rule review authority 
 52.22  transferred by this article and are governed by Minnesota 
 52.23  Statutes 1994, chapter 14, and Minnesota Rules, chapter 2010. 
 52.24     (c) Except as otherwise provided in paragraph (b), 
 52.25  Minnesota Rules, chapter 2010, shall be enforced by the office 
 52.26  of administrative hearings until it is amended or repealed by 
 52.27  that office. 
 52.28     Sec. 56.  [REVISOR INSTRUCTION.] 
 52.29     The revisor of statutes shall correct or remove the 
 52.30  references in Minnesota Statutes and Minnesota Rules to the 
 52.31  statutory sections repealed in this article. 
 52.32     The revisor of statutes shall change the terms "office of 
 52.33  attorney general," "attorney general," or similar terms to 
 52.34  "office of administrative hearings," "chief administrative law 
 52.35  judge," "administrative law judge," or similar terms in 
 52.36  Minnesota Rules, chapter 2010, to reflect the intent of the 
 53.1   legislature to transfer the attorney general's rule review 
 53.2   functions in the manner provided in this article. 
 53.3      Sec. 57.  [REPEALER.] 
 53.4      (a) Minnesota Statutes 1994, sections 3.846; 14.11; 14.115; 
 53.5   14.12; 14.1311; 14.235; and 17.83, are repealed. 
 53.6      (b) Minnesota Statutes 1994, sections 14.29; 14.30; 14.305; 
 53.7   14.31; 14.32; 14.33; 14.34; 14.35; and 14.36, are repealed. 
 53.8      (c) Minnesota Statutes 1994, section 14.10, is repealed. 
 53.9      Sec. 58.  [EFFECTIVE DATE.] 
 53.10     Sections 1 to 3; 5; 7; 8; 11; 16; 28; 35; 57, paragraph 
 53.11  (c); and the rulemaking authority granted in sections 27 and 31 
 53.12  are effective the day following final enactment.  Section 12 
 53.13  applies to laws authorizing or requiring rulemaking that are 
 53.14  finally enacted after January 1, 1996.  Section 32 is effective 
 53.15  for costs incurred after June 30, 1995.  Sections 4, 33, 34, 36, 
 53.16  and 49 to 54 are effective July 1, 1995.  The remainder of the 
 53.17  article is effective January 1, 1996. 
 53.18                             ARTICLE 3
 53.19     Section 1.  [REPEALER; DEPARTMENT OF AGRICULTURE.] 
 53.20     Minnesota Rules, parts 1540.0010, subparts 12, 18, 21, 22, 
 53.21  and 24; 1540.0060; 1540.0070; 1540.0080; 1540.0100; 1540.0110; 
 53.22  1540.0120; 1540.0130; 1540.0140; 1540.0150; 1540.0160; 
 53.23  1540.0170; 1540.0180; 1540.0190; 1540.0200; 1540.0210; 
 53.24  1540.0220; 1540.0230; 1540.0240; 1540.0260; 1540.0320; 
 53.25  1540.0330; 1540.0340; 1540.0350; 1540.0370; 1540.0380; 
 53.26  1540.0390; 1540.0400; 1540.0410; 1540.0420; 1540.0440; 
 53.27  1540.0450; 1540.0460; 1540.0490; 1540.0500; 1540.0510; 
 53.28  1540.0520; 1540.0770; 1540.0780; 1540.0800; 1540.0810; 
 53.29  1540.0830; 1540.0880; 1540.0890; 1540.0900; 1540.0910; 
 53.30  1540.0920; 1540.0930; 1540.0940; 1540.0950; 1540.0960; 
 53.31  1540.0970; 1540.0980; 1540.0990; 1540.1000; 1540.1005; 
 53.32  1540.1010; 1540.1020; 1540.1030; 1540.1040; 1540.1050; 
 53.33  1540.1060; 1540.1070; 1540.1080; 1540.1090; 1540.1100; 
 53.34  1540.1110; 1540.1120; 1540.1130; 1540.1140; 1540.1150; 
 53.35  1540.1160; 1540.1170; 1540.1180; 1540.1190; 1540.1200; 
 53.36  1540.1210; 1540.1220; 1540.1230; 1540.1240; 1540.1250; 
 54.1   1540.1255; 1540.1260; 1540.1280; 1540.1290; 1540.1300; 
 54.2   1540.1310; 1540.1320; 1540.1330; 1540.1340; 1540.1350; 
 54.3   1540.1360; 1540.1380; 1540.1400; 1540.1410; 1540.1420; 
 54.4   1540.1430; 1540.1440; 1540.1450; 1540.1460; 1540.1470; 
 54.5   1540.1490; 1540.1500; 1540.1510; 1540.1520; 1540.1530; 
 54.6   1540.1540; 1540.1550; 1540.1560; 1540.1570; 1540.1580; 
 54.7   1540.1590; 1540.1600; 1540.1610; 1540.1620; 1540.1630; 
 54.8   1540.1640; 1540.1650; 1540.1660; 1540.1670; 1540.1680; 
 54.9   1540.1690; 1540.1700; 1540.1710; 1540.1720; 1540.1730; 
 54.10  1540.1740; 1540.1750; 1540.1760; 1540.1770; 1540.1780; 
 54.11  1540.1790; 1540.1800; 1540.1810; 1540.1820; 1540.1830; 
 54.12  1540.1840; 1540.1850; 1540.1860; 1540.1870; 1540.1880; 
 54.13  1540.1890; 1540.1900; 1540.1905; 1540.1910; 1540.1920; 
 54.14  1540.1930; 1540.1940; 1540.1950; 1540.1960; 1540.1970; 
 54.15  1540.1980; 1540.1990; 1540.2000; 1540.2010; 1540.2015; 
 54.16  1540.2020; 1540.2090; 1540.2100; 1540.2110; 1540.2120; 
 54.17  1540.2180; 1540.2190; 1540.2200; 1540.2210; 1540.2220; 
 54.18  1540.2230; 1540.2240; 1540.2250; 1540.2260; 1540.2270; 
 54.19  1540.2280; 1540.2290; 1540.2300; 1540.2310; 1540.2320; 
 54.20  1540.2325; 1540.2330; 1540.2340; 1540.2350; 1540.2360; 
 54.21  1540.2370; 1540.2380; 1540.2390; 1540.2400; 1540.2410; 
 54.22  1540.2420; 1540.2430; 1540.2440; 1540.2450; 1540.2490; 
 54.23  1540.2500; 1540.2510; 1540.2530; 1540.2540; 1540.2550; 
 54.24  1540.2560; 1540.2570; 1540.2580; 1540.2590; 1540.2610; 
 54.25  1540.2630; 1540.2640; 1540.2650; 1540.2660; 1540.2720; 
 54.26  1540.2730; 1540.2740; 1540.2760; 1540.2770; 1540.2780; 
 54.27  1540.2790; 1540.2800; 1540.2810; 1540.2820; 1540.2830; 
 54.28  1540.2840; 1540.3420; 1540.3430; 1540.3440; 1540.3450; 
 54.29  1540.3460; 1540.3470; 1540.3560; 1540.3600; 1540.3610; 
 54.30  1540.3620; 1540.3630; 1540.3700; 1540.3780; 1540.3960; 
 54.31  1540.3970; 1540.3980; 1540.3990; 1540.4000; 1540.4010; 
 54.32  1540.4020; 1540.4030; 1540.4040; 1540.4080; 1540.4190; 
 54.33  1540.4200; 1540.4210; 1540.4220; 1540.4320; 1540.4330; and 
 54.34  1540.4340, are repealed. 
 54.35     Sec. 2.  [REPEALER; DEPARTMENT OF COMMERCE.] 
 54.36     Minnesota Rules, parts 2642.0120, subpart 1; 2650.0100; 
 55.1   2650.0200; 2650.0300; 2650.0400; 2650.0500; 2650.0600; 
 55.2   2650.1100; 2650.1200; 2650.1300; 2650.1400; 2650.1500; 
 55.3   2650.1600; 2650.1700; 2650.1800; 2650.1900; 2650.2000; 
 55.4   2650.2100; 2650.3100; 2650.3200; 2650.3300; 2650.3400; 
 55.5   2650.3500; 2650.3600; 2650.3700; 2650.3800; 2650.3900; 
 55.6   2650.4000; 2650.4100; 2655.1000; 2660.0070; and 2770.7400, are 
 55.7   repealed. 
 55.8      Sec. 3.  [REPEALER; DEPARTMENT OF HEALTH.] 
 55.9      Minnesota Rules, part 4610.2210, is repealed. 
 55.10     Sec. 4.  [REPEALER; DEPARTMENT OF HUMAN SERVICES.] 
 55.11     Minnesota Rules, parts 9540.0100; 9540.0200; 9540.0300; 
 55.12  9540.0400; 9540.0500; 9540.1000; 9540.1100; 9540.1200; 
 55.13  9540.1300; 9540.1400; 9540.1500; 9540.2000; 9540.2100; 
 55.14  9540.2200; 9540.2300; 9540.2400; 9540.2500; 9540.2600; and 
 55.15  9540.2700, are repealed. 
 55.16     Sec. 5.  [REPEALER; POLLUTION CONTROL AGENCY.] 
 55.17     Minnesota Rules, parts 7002.0410; 7002.0420; 7002.0430; 
 55.18  7002.0440; 7002.0450; 7002.0460; 7002.0470; 7002.0480; 
 55.19  7002.0490; 7047.0010; 7047.0020; 7047.0030; 7047.0040; 
 55.20  7047.0050; 7047.0060; 7047.0070; 7100.0300; 7100.0310; 
 55.21  7100.0320; 7100.0330; 7100.0335; 7100.0340; and 7100.0350, are 
 55.22  repealed. 
 55.23     Sec. 6.  [REPEALER; DEPARTMENT OF PUBLIC SAFETY.] 
 55.24     Minnesota Rules, parts 7510.6100; 7510.6200; 7510.6300; 
 55.25  7510.6350; 7510.6400; 7510.6500; 7510.6600; 7510.6700; 
 55.26  7510.6800; 7510.6900; and 7510.6910, are repealed. 
 55.27     Sec. 7.  [REPEALER; DEPARTMENT OF PUBLIC SERVICE.] 
 55.28     Minnesota Rules, parts 7600.0100; 7600.0200; 7600.0300; 
 55.29  7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800; 
 55.30  7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300; 
 55.31  7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800; 
 55.32  7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300; 
 55.33  7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800; 
 55.34  7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300; 
 55.35  7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800; 
 55.36  7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300; 
 56.1   7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800; 
 56.2   7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300; 
 56.3   7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800; 
 56.4   7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300; 
 56.5   7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800; 
 56.6   7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210; 
 56.7   7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700; 
 56.8   7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200; 
 56.9   7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700; 
 56.10  7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200; 
 56.11  7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700; 
 56.12  7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120; 
 56.13  7625.0200; 7625.0210; 7625.0220; and 7625.0230, are repealed. 
 56.14     Sec. 8.  [REPEALER; DEPARTMENT OF REVENUE.] 
 56.15     Minnesota Rules, parts 8120.1100, subpart 3; 8121.0500, 
 56.16  subpart 2; 8130.9912; 8130.9913; 8130.9916; 8130.9920; 
 56.17  8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972; 
 56.18  8130.9980; and 8130.9992, are repealed. 
 56.19                             ARTICLE 4
 56.20     Section 1.  Minnesota Rules, part 1540.2140, is amended to 
 56.21  read: 
 56.22  1540.2140 DISPOSITION OF CONDEMNED MEAT OR PRODUCT AT OFFICIAL 
 56.23  ESTABLISHMENTS HAVING NO TANKING FACILITIES. 
 56.24     Any carcass or product condemned at an official 
 56.25  establishment which has no facilities for tanking shall be 
 56.26  denatured with crude carbolic acid, cresylic disinfectant, or 
 56.27  other prescribed agent, or be destroyed by incineration under 
 56.28  the supervision of a department employee.  When such carcass or 
 56.29  product is not incinerated it shall be slashed freely with a 
 56.30  knife, before the denaturing agent is applied. 
 56.31     Carcasses and products condemned on account of anthrax, and 
 56.32  the materials identified in parts 1540.1300 to 1540.1360, which 
 56.33  are derived therefrom at establishments which are not equipped 
 56.34  with tanking facilities shall be disposed of by complete 
 56.35  incineration, or by thorough denaturing with a prescribed 
 56.36  denaturant, and then disposed of in accordance with the 
 57.1   requirements of the Board of Animal Health, who shall be 
 57.2   notified immediately by the inspector in charge. 
 57.3      Sec. 2.  Minnesota Rules, part 7001.0140, subpart 2, is 
 57.4   amended to read: 
 57.5      Subp. 2.  <h>Agency findings.</h>  The following findings by the 
 57.6   agency constitute justification for the agency to refuse to 
 57.7   issue a new or modified permit, to refuse permit reissuance, or 
 57.8   to revoke a permit without reissuance:  
 57.9      A.  that with respect to the facility or activity to be 
 57.10  permitted, the proposed permittee or permittees will not comply 
 57.11  with all applicable state and federal pollution control statutes 
 57.12  and rules administered by the agency, or conditions of the 
 57.13  permit; 
 57.14     B.  that there exists at the facility to be permitted 
 57.15  unresolved noncompliance with applicable state and federal 
 57.16  pollution control statutes and rules administered by the agency, 
 57.17  or conditions of the permit and that the permittee will not 
 57.18  undertake a schedule of compliance to resolve the noncompliance; 
 57.19     C.  that the permittee has failed to disclose fully all 
 57.20  facts relevant to the facility or activity to be permitted, or 
 57.21  that the permittee has submitted false or misleading information 
 57.22  to the agency or to the commissioner; 
 57.23     D.  that the permitted facility or activity endangers human 
 57.24  health or the environment and that the danger cannot be removed 
 57.25  by a modification of the conditions of the permit; 
 57.26     E.  that all applicable requirements of Minnesota Statutes, 
 57.27  chapter 116D and the rules adopted under Minnesota Statutes, 
 57.28  chapter 116D have not been fulfilled; 
 57.29     F.  that with respect to the facility or activity to be 
 57.30  permitted, the proposed permittee has not complied with any 
 57.31  requirement under parts 7002.0210 to 7002.0310, 7002.0410 to 
 57.32  7002.0490, or chapter 7046 to pay fees; or 
 57.33     G.  that with respect to the facility or activity to be 
 57.34  permitted, the proposed permittee has failed to pay a penalty 
 57.35  owed under Minnesota Statutes, section 116.072. 
 57.36     Sec. 3.  Minnesota Rules, part 7001.0180, is amended to 
 58.1   read: 
 58.2   7001.0180 JUSTIFICATION TO COMMENCE REVOCATION WITHOUT 
 58.3   REISSUANCE OF PERMIT. 
 58.4      The following constitute justification for the commissioner 
 58.5   to commence proceedings to revoke a permit without reissuance: 
 58.6      A.  existence at the permitted facility of unresolved 
 58.7   noncompliance with applicable state and federal pollution 
 58.8   statutes and rules or a condition of the permit, and refusal of 
 58.9   the permittee to undertake a schedule of compliance to resolve 
 58.10  the noncompliance; 
 58.11     B.  the permittee fails to disclose fully the facts 
 58.12  relevant to issuance of the permit or submits false or 
 58.13  misleading information to the agency or to the commissioner; 
 58.14     C.  the commissioner finds that the permitted facility or 
 58.15  activity endangers human health or the environment and that the 
 58.16  danger cannot be removed by a modification of the conditions of 
 58.17  the permit; 
 58.18     D.  the permittee has failed to comply with any requirement 
 58.19  under parts 7002.0210 to 7002.0310, 7002.0410 to 7002.0490, or 
 58.20  chapter 7046 to pay fees; or 
 58.21     E.  the permittee has failed to pay a penalty owed under 
 58.22  Minnesota Statutes, section 116.072. 
 58.23     Sec. 4.  Minnesota Rules, part 8130.3500, subpart 3, is 
 58.24  amended to read:  
 58.25     Subp. 3.  <h>Motor carrier direct pay certificate.</h>  A motor 
 58.26  carrier direct pay certificate will be issued to qualified 
 58.27  electing carriers by the commissioner of revenue and will be 
 58.28  effective as of the date shown on the certificate.  A facsimile 
 58.29  of the authorized motor carrier direct pay certificate is 
 58.30  reproduced at part 8130.9958.  
 58.31     Sec. 5.  Minnesota Rules, part 8130.6500, subpart 5, is 
 58.32  amended to read: 
 58.33     Subp. 5.  <h>Sale of aircraft.</h>  When the dealer sells the 
 58.34  aircraft, the selling price must be included in gross sales.  
 58.35  The fact that the aircraft commercial use permit has not expired 
 58.36  or that the dealer has reported and paid use tax on the aircraft 
 59.1   has no effect on the taxability of the sale.  The dealer must 
 59.2   return the aircraft commercial use permit (unless previously 
 59.3   returned) when the dealer files the sales and use tax return for 
 59.4   the month in which the sale was made.  No credit or refund is 
 59.5   given for the $20 fee originally paid. 
 59.6      A facsimile of the authorized aircraft commercial use 
 59.7   permit is reproduced at part 8130.9992.