HF 945

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; requiring that notice of 
  1.3             proposed rules include an easily readable and 
  1.4             understandable summary of the rules; amending 
  1.5             Minnesota Statutes 2000, sections 14.14, subdivision 
  1.6             1a; 14.22, subdivision 1; and 14.389, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 14.14, 
  1.9   subdivision 1a, is amended to read: 
  1.10     Subd. 1a.  [NOTICE OF RULE HEARING.] (a) Each agency shall 
  1.11  maintain a list of all persons who have registered with the 
  1.12  agency for the purpose of receiving notice of rule proceedings.  
  1.13  The agency may inquire as to whether those persons on the list 
  1.14  wish to maintain their names on it and may remove names for 
  1.15  which there is a negative reply or no reply within 60 days.  The 
  1.16  agency shall, at least 30 days before the date set for the 
  1.17  hearing, give notice of its intention to adopt rules by United 
  1.18  States mail to all persons on its list, and by publication in 
  1.19  the State Register.  The mailed notice must include either a 
  1.20  copy of the proposed rule or a an easily readable and 
  1.21  understandable description of its nature and effect and an 
  1.22  announcement that a free copy of the proposed rule is available 
  1.23  on request from the agency.  Each agency may, at its own 
  1.24  discretion, also notify persons not on its list who may be 
  1.25  affected by the rule being proposed.  In addition, each agency 
  1.26  shall make reasonable efforts to notify persons or classes of 
  2.1   persons who may be significantly affected by the rule being 
  2.2   proposed by giving notice of its intention in newsletters, 
  2.3   newspapers, or other publications, or through other means of 
  2.4   communication.  The notice in the State Register must include 
  2.5   the proposed rule or an amended rule in the form required by the 
  2.6   revisor under section 14.07, together with a an easily readable 
  2.7   and understandable summary of the overall nature and effect of 
  2.8   the proposed rule, a citation to the most specific statutory 
  2.9   authority for the proposed rule, a statement of the place, date, 
  2.10  and time of the public hearing, a statement that persons may 
  2.11  register with the agency for the purpose of receiving notice of 
  2.12  rule proceedings and notice that a rule has been adopted, and 
  2.13  other information required by law or rule.  When an entire rule 
  2.14  is proposed to be repealed, the agency need only publish that 
  2.15  fact, giving the along with an easily readable and 
  2.16  understandable summary of the overall nature of the rules 
  2.17  proposed for repeal, and a citation to the rule to be 
  2.18  repealed in the notice. 
  2.19     (b) The chief administrative law judge may authorize an 
  2.20  agency to omit from the notice of rule hearing the text of any 
  2.21  proposed rule, the publication of which would be unduly 
  2.22  cumbersome, expensive, or otherwise inexpedient if: 
  2.23     (1) knowledge of the rule is likely to be important to only 
  2.24  a small class of persons; 
  2.25     (2) the notice of rule hearing states that a free copy of 
  2.26  the entire rule is available upon request to the agency; and 
  2.27     (3) the notice of rule hearing states in detail the 
  2.28  specific subject matter of the omitted rule, cites the statutory 
  2.29  authority for the proposed rule, and details the proposed rule's 
  2.30  purpose and motivation. 
  2.31     Sec. 2.  Minnesota Statutes 2000, section 14.22, 
  2.32  subdivision 1, is amended to read: 
  2.33     Subdivision 1.  [CONTENTS.] (a) Unless an agency proceeds 
  2.34  directly to a public hearing on a proposed rule and gives the 
  2.35  notice prescribed in section 14.14, subdivision 1a, the agency 
  2.36  shall give notice of its intention to adopt a rule without 
  3.1   public hearing.  The notice must be given by publication in the 
  3.2   State Register and by United States mail to persons who have 
  3.3   registered their names with the agency under section 14.14, 
  3.4   subdivision 1a.  The mailed notice must include either a copy of 
  3.5   the proposed rule or a an easily readable and understandable 
  3.6   description of its nature and effect and an announcement that a 
  3.7   free copy of the proposed rule is available on request from the 
  3.8   agency.  Each agency may, at its own discretion, also notify 
  3.9   persons not on its list who may be affected by the rule being 
  3.10  proposed.  In addition, each agency shall make reasonable 
  3.11  efforts to notify persons or classes of persons who may be 
  3.12  significantly affected by the rule by giving notice of its 
  3.13  intention in newsletters, newspapers, or other publications, or 
  3.14  through other means of communication.  The notice in the State 
  3.15  Register must include the proposed rule or the amended rule in 
  3.16  the form required by the revisor under section 14.07, an easily 
  3.17  readable and understandable summary of the overall nature and 
  3.18  effect of the proposed rule, a citation to the most specific 
  3.19  statutory authority for the proposed rule, a statement that 
  3.20  persons may register with the agency for the purpose of 
  3.21  receiving notice of rule proceedings and notice that a rule has 
  3.22  been submitted to the chief administrative law judge, and other 
  3.23  information required by law or rule.  When an entire rule is 
  3.24  proposed to be repealed, the notice need only state that 
  3.25  fact, giving the along with an easily readable and 
  3.26  understandable summary of the overall nature of the rules 
  3.27  proposed for repeal, and a citation to the rule to be 
  3.28  repealed in the notice.  The notice must include a statement 
  3.29  advising the public: 
  3.30     (1) that the public has 30 days in which to submit comment 
  3.31  in support of or in opposition to the proposed rule and that 
  3.32  comment is encouraged; 
  3.33     (2) that each comment should identify the portion of the 
  3.34  proposed rule addressed, the reason for the comment, and any 
  3.35  change proposed; 
  3.36     (3) that if 25 or more persons submit a written request for 
  4.1   a public hearing within the 30-day comment period, a public 
  4.2   hearing will be held; 
  4.3      (4) of the manner in which persons must request a public 
  4.4   hearing on the proposed rule; 
  4.5      (5) of the requirements contained in section 14.25 relating 
  4.6   to a written request for a public hearing, and that the 
  4.7   requester is encouraged to propose any change desired; 
  4.8      (6) that the proposed rule may be modified if the 
  4.9   modifications are supported by the data and views submitted; and 
  4.10     (7) that if a hearing is not required, notice of the date 
  4.11  of submission of the proposed rule to the chief administrative 
  4.12  law judge for review will be mailed to any person requesting to 
  4.13  receive the notice.  
  4.14     In connection with the statements required in clauses (1) 
  4.15  and (3), the notice must also include the date on which the 
  4.16  30-day comment period ends. 
  4.17     (b) The chief administrative law judge may authorize an 
  4.18  agency to omit from the notice of intent to adopt the text of 
  4.19  any proposed rule, the publication of which would be unduly 
  4.20  cumbersome, expensive, or otherwise inexpedient if: 
  4.21     (1) knowledge of the rule is likely to be important to only 
  4.22  a small class of persons; 
  4.23     (2) the notice of intent to adopt states that a free copy 
  4.24  of the entire rule is available upon request to the agency; and 
  4.25     (3) the notice of intent to adopt states in detail the 
  4.26  specific subject matter of the omitted rule, cites the statutory 
  4.27  authority for the proposed rule, and details the proposed rule's 
  4.28  purpose and motivation. 
  4.29     Sec. 3.  Minnesota Statutes 2000, section 14.389, 
  4.30  subdivision 2, is amended to read: 
  4.31     Subd. 2.  [NOTICE AND COMMENT.] The agency must publish 
  4.32  notice of the proposed rule in the State Register and must mail 
  4.33  the notice to persons who have registered with the agency to 
  4.34  receive mailed notices.  The mailed notice must include either a 
  4.35  copy of the proposed rule or a description of the nature and 
  4.36  effect of the proposed rule and a statement that a free copy is 
  5.1   available from the agency upon request.  The notice in the State 
  5.2   Register must include the proposed rule or the amended rule in 
  5.3   the form required by the revisor under section 14.07, an easily 
  5.4   readable and understandable summary of the overall nature and 
  5.5   effect of the proposed rule, and a citation to the most specific 
  5.6   statutory authority for the rule, including authority for the 
  5.7   rule to be adopted under the process in this section.  The 
  5.8   agency must allow 30 days after publication in the State 
  5.9   Register for comment on the rule.