HF 1726

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; administrative 
  1.3             rulemaking; establishing a procedure for legislative 
  1.4             review of certain rules to ensure that they accomplish 
  1.5             legislative goals in the most expeditious, 
  1.6             cost-effective, and least intrusive manner possible; 
  1.7             amending Minnesota Statutes 1994, sections 3.842, 
  1.8             subdivision 3; and 14.09; repealing Minnesota Rules, 
  1.9             parts 2010.0600 and 2010.9905. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [TITLE AND PURPOSE.] 
  1.12     This act may be cited as the administrative rules 
  1.13  simplification and accountability act of 1995. 
  1.14     The purpose of the act is to establish a procedure for 
  1.15  legislative review of rules on petition from interested persons 
  1.16  to ensure that administrative rules are accomplishing 
  1.17  legislative goals in the most expeditious, cost-effective, and 
  1.18  least intrusive manner possible. 
  1.19     Sec. 2.  Minnesota Statutes 1994, section 3.842, 
  1.20  subdivision 3, is amended to read: 
  1.21     Subd. 3.  [HEARINGS.] The commission may hold public 
  1.22  hearings to investigate complaints with respect to rules and 
  1.23  consider petitions submitted under section 14.09, subdivision 2, 
  1.24  if it considers the complaints or petitions meritorious and 
  1.25  worthy of attention.  If the rules that are the subject of the 
  1.26  public hearing were adopted without a rulemaking hearing, it The 
  1.27  commission may request the office of administrative hearings to 
  2.1   hold the public hearing and prepare a report summarizing the 
  2.2   testimony received at the hearing.  The office of administrative 
  2.3   hearings shall assess the costs of the public hearing to the 
  2.4   agency whose rules are the subject of the hearing.  
  2.5      Sec. 3.  Minnesota Statutes 1994, section 14.09, is amended 
  2.6   to read: 
  2.7      14.09 [PETITION FOR ADOPTION OF RULE PETITIONS.] 
  2.8      Subdivision 1.  [PETITIONS TO AGENCY.] Any interested 
  2.9   person may petition an agency requesting the adoption, 
  2.10  suspension, amendment or repeal of any rule.  The petition shall 
  2.11  be specific as to what action is requested and the need for the 
  2.12  action.  Upon receiving a petition an agency shall have 60 30 
  2.13  days in which to make a specific and detailed reply in writing 
  2.14  as to its planned disposition of the request.  If the agency 
  2.15  states its intention to hold a public hearing on the subject of 
  2.16  the request, it shall proceed according to sections 14.05 to 
  2.17  14.36.  The attorney general shall prescribe by rule the form 
  2.18  for all petitions under this section and may prescribe further 
  2.19  procedures for their submission, consideration, and disposition. 
  2.20     Subd. 2.  [PETITION TO LCRAR.] An interested person may 
  2.21  petition the legislative commission to review administrative 
  2.22  rules to consider changes to rules suggested by the petitioner. 
  2.23  The petition must include a description of the changes to the 
  2.24  rule being requested by the petitioner to accomplish the goals 
  2.25  of the legislation under which the rule was adopted, in a more 
  2.26  expeditious, cost-effective, and less intrusive manner.  The 
  2.27  commission may require that the petitioner petition the agency 
  2.28  under subdivision 1 before the petition is considered by the 
  2.29  commission under section 3.842. 
  2.30     Subd. 3.  [FORMS AND PROCEDURES.] The legislative 
  2.31  commission to review administrative rules shall prescribe the 
  2.32  form for all petitions under this section and may prescribe 
  2.33  additional procedures for their submission, consideration, and 
  2.34  disposition, including procedures to:  (1) direct the agency to 
  2.35  suspend enforcement of the rule; (2) direct the agency to 
  2.36  provide the commission with a proposal to resolve the issues 
  3.1   raised by the petition; (3) direct the agency to adopt, amend, 
  3.2   or repeal rules as appropriate to and carry out recommendations 
  3.3   of the commission; and (4) require the agency to obtain further 
  3.4   legislative direction. 
  3.5      Sec. 4.  [REPEALER.] 
  3.6      Minnesota Rules, parts 2010.0600 and 2010.9905, are 
  3.7   repealed.