2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
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,
19961998. 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; or5.23 (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, before9.2 the pollution control agency adopts or repeals rules that affect9.3 farming operations, the agency must provide a copy of the9.4 proposed rule change and a statement of the effect of the rule9.5 change on farming operations to the commissioner of agriculture9.6 for review and comment and hold public meetings in agricultural9.7 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 sectionsections 14.38, subdivisions 5, 6, 7, 8, 9, and 11 or11.16 were filed with the secretary of state in accordance with the11.17 provisions of section 14.38, subdivisions 5 to 9, which were in11.18 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 wherebygeneral 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 STATUTESAPPROVAL OF RULE AND RULE FORM; 16.13 COSTS.] 16.14 (a) Two copies of a rule adopted pursuant to the provisions16.15 ofsection 14.26 or 14.32shall be submitted by the agency to 16.16 the attorney generalchief administrative law judge. 16.17 The attorney generalchief administrative law judge shall send 16.18 one copy of the rule to the revisor on the same day asit 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 attorney16.23 generalchief administrative law judge or notify the attorney16.24 generalchief administrative law judge and the agency that the 16.25 form of the rule will not be approved. 16.26 If the attorney generalchief 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 attorney16.29 generalchief 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 generalchief administrative law judge 17.6 shall assess an agency for the attorney general'sactual cost of 17.7 processing rules under this section. The agency shall pay the17.8 attorney general's assessments using the procedures of section17.9 8.15.Each agency shall include in its budget money to pay 17.10 the attorney general'sassessments. Receipts from the 17.11 assessment must be deposited in the state treasury and credited17.12 to the general fundadministrative 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 interestedperson 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 14.3614.28. The attorney generalchief 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 a19.5 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 hearings20.11 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 givewho 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 CHANGEDIFFERENCE.] 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 longerwait for the commission's 22.10 advice for more than 3060 days after the commission has 22.11 received the agency's submission. Advice of the commission22.12 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 changewhether 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, anda 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 a25.20 public hearing shall be statedof 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 the25.23 portion of the proposed rule addressed, the reason for the25.24 request, andpropose any change proposeddesired; 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 generalchief 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 interested26.26 personsthe 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 changesubstantially 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 ATTORNEY28.11 GENERALADMINISTRATIVE LAW JUDGE.] 28.12 Subdivision 1. [SUBMISSION.] If no hearing is required, 28.13 the agency shall submit to the attorney generalan 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 generaladministrative 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 general28.26 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 generaladministrative law judge 28.34 reviews the rule, if the attorney generaladministrative 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 to29.7 14.36. 29.8 Subd. 3. [REVIEW.] (a) The attorney generaladministrative 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 issueissues of substantial change29.12 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 determinewhether 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 generaladministrative 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 generaladministrative law judge shall state in 29.23 writing the reasons and make recommendations to overcome 29.24 the deficiencies, anddefects. 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 deficiencieschief 29.35 administrative law judge determines that the defects have 29.36 been overcomecorrected 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 a30.3 statement of reasons for disapproval of the rule to the agency,30.4 the chief administrative law judge, the legislative commission30.5 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 generaladministrative 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 generaladministrative 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 generaloffice of 30.30 administrative hearings shall assess an agency for the actual 30.31 cost of processing rules under this section. The agency shall30.32 pay the attorney general's assessments using the procedures of30.33 section 8.15.Each agency shall include in its budget money to 30.34 pay the attorney general'sassessment. Receipts from the 30.35 assessment must be deposited in the state treasury and credited30.36 to the general fundadministrative 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 14.3614.28. 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 generalpertaining 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 generaladministrative law judge under 31.25 sections 14.22 to 14.28; 31.26 (7) the attorney general'sadministrative 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 to37.5 14.56chapters 14 and chapter176. 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 . Temporary37.33 rulemaking authority is granted to the chief administrative law37.34 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 hearingsshall 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 hearings38.4 shall include in addition to normal procedural matters 38.5 provisions relating to recessing and reconvening new38.6 hearingsthe 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 determine38.12 whether or not a new hearing is required becauseon the issue of 38.13 substantial changeswhether 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 sections38.16 14.131 to 14.18chapter 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 this38.34 subdivision provided that: (1) agencies, when setting,38.35 adjusting, or authorizing any charge for goods or services that38.36 are of direct, immediate, and primary benefit to an individual,39.1 business, or other nonstate entity, shall set the chargesat 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, or39.5 establishing regulatory, licensure, or other charges that are39.6 levied, in whole or in part, in the public interest shall39.7 recover, but are not limited to, the costs involved in39.8 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 individualthe following kinds of charges 39.21 when: 39.22 (1) charges for goods and services areprovided for the 39.23 direct and primary use of a private individual, business, or 39.24 other similar entity; 39.25 (2) charges arenonrecurring charges; 39.26 (3) charges that would produce insignificant revenues; 39.27 (4) charges arebilled within or between state agencies; or39.28 (5) charges arefor 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 the39.34 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 adjustmentsand 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 140.8 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 for40.13 approvalunder 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 noticesnotice 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. If40.27 the proposed agency action is the adoption of a rule, the40.28 recommendation of the commissioner shall be made a part of the40.29 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 216A.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 initiallyshall set license 51.21 fees without rulemaking,pursuant to section 16A.12816A.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 section51.31 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, and56.32 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. Agency findings.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 to57.32 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. Motor carrier direct pay certificate.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 facsimile58.29 of the authorized motor carrier direct pay certificate is58.30 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. Sale of aircraft.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 use59.7 permit is reproduced at part 8130.9992.