HF 2779

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

  1.1                          A bill for an act 
  1.2             relating to state government; rulemaking procedures; 
  1.3             providing authority for interpretive notices; 
  1.4             authorizing notice and comment procedures; amending 
  1.5             Minnesota Statutes 2000, section 14.03, subdivision 3; 
  1.6             Minnesota Statutes 2001 Supplement, sections 14.05, 
  1.7             subdivision 6; 14.116; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 14. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 14.03, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [RULEMAKING PROCEDURES.] (a) The definition of a 
  1.13  rule in section 14.02, subdivision 4, does not include: 
  1.14     (1) rules concerning only the internal management of the 
  1.15  agency or other agencies that do not directly affect the rights 
  1.16  of or procedures available to the public; 
  1.17     (2) an application deadline on a form; and the remainder of 
  1.18  a form and instructions for use of the form to the extent that 
  1.19  they do not impose substantive requirements other than 
  1.20  requirements contained in statute or rule; 
  1.21     (3) the curriculum adopted by an agency to implement a 
  1.22  statute or rule permitting or mandating minimum educational 
  1.23  requirements for persons regulated by an agency, provided the 
  1.24  topic areas to be covered by the minimum educational 
  1.25  requirements are specified in statute or rule; 
  1.26     (4) procedures for sharing data among government agencies, 
  1.27  provided these procedures are consistent with chapter 13 and 
  2.1   other law governing data practices.  
  2.2      (b) The definition of a rule in section 14.02, subdivision 
  2.3   4, does not include: 
  2.4      (1) rules of the commissioner of corrections relating to 
  2.5   the placement and supervision of inmates serving a supervised 
  2.6   release term, the internal management of institutions under the 
  2.7   commissioner's control, and rules adopted under section 609.105 
  2.8   governing the inmates of those institutions; 
  2.9      (2) rules relating to weight limitations on the use of 
  2.10  highways when the substance of the rules is indicated to the 
  2.11  public by means of signs; 
  2.12     (3) opinions of the attorney general; 
  2.13     (4) the data element dictionary and the annual data 
  2.14  acquisition calendar of the department of children, families, 
  2.15  and learning to the extent provided by section 125B.07; 
  2.16     (5) the occupational safety and health standards provided 
  2.17  in section 182.655; 
  2.18     (6) revenue notices and tax information bulletins of the 
  2.19  commissioner of revenue; 
  2.20     (7) uniform conveyancing forms adopted by the commissioner 
  2.21  of commerce under section 507.09; or 
  2.22     (8) the interpretive guidelines developed by the 
  2.23  commissioner of human services to the extent provided in chapter 
  2.24  245A; or 
  2.25     (9) interpretive notices and internal procedures for 
  2.26  issuing interpretive notices under section 14.065. 
  2.27     Sec. 2.  Minnesota Statutes 2001 Supplement, section 14.05, 
  2.28  subdivision 6, is amended to read: 
  2.29     Subd. 6.  [Veto of adopted rules.] The governor may veto 
  2.30  all or a severable portion of a rule of an agency as defined in 
  2.31  section 14.02, subdivisions 2 and 4, by submitting notice of the 
  2.32  veto to the State Register within 14 days of receiving a copy of 
  2.33  the rule from the secretary of state under section 14.16, 
  2.34  subdivision 3, 14.26, subdivision 3, or 14.386 or the agency 
  2.35  under section 14.361, subdivision 5, 14.389, subdivision 3, or 
  2.36  section 14.3895.  The veto is effective when the veto notice is 
  3.1   submitted to the State Register.  This authority applies only to 
  3.2   the extent that the agency itself would have authority, through 
  3.3   rulemaking, to take such action.  If the governor vetoes a rule 
  3.4   or portion of a rule under this section, the governor shall 
  3.5   notify the chairs of the legislative committees having 
  3.6   jurisdiction over the agency whose rule was vetoed. 
  3.7      Sec. 3.  [14.061] [REQUIRED INTERPRETIVE NOTICES.] 
  3.8      Upon the request of any person, the agency must issue an 
  3.9   interpretive notice as to the agency's construction of a law or 
  3.10  rule applied by the agency, or state in writing why such a 
  3.11  notice is unnecessary or undesirable. 
  3.12     The agency must respond to a request under this section in 
  3.13  writing within 60 days of receiving the request. 
  3.14     Sec. 4.  [14.065] [INTERPRETIVE NOTICES.] 
  3.15     Subdivision 1.  [AUTHORITY.] An agency may make, adopt, and 
  3.16  publish interpretive notices.  An "interpretive notice" is a 
  3.17  policy statement that has been published pursuant to subdivision 
  3.18  5 and that provides interpretation, details, or supplementary 
  3.19  information concerning the application of law or rules.  
  3.20  Interpretive notices are published for the information and 
  3.21  guidance of citizens, regulated parties, the agency, and others 
  3.22  concerned. 
  3.23     Subd. 2.  [EFFECT.] Interpretive notices do not have the 
  3.24  force and effect of law and have no precedential effect, but may 
  3.25  be relied on by regulated parties until revoked or modified.  A 
  3.26  notice may be expressly revoked or modified by the agency, by 
  3.27  the issuance of an interpretive notice, but may not be revoked 
  3.28  or modified retroactively to the detriment of the regulated 
  3.29  parties.  A change in the law or an interpretation of the law 
  3.30  occurring after the interpretive notice is issued, whether in 
  3.31  the form of a statute, court decision, administrative rule, or 
  3.32  interpretive notice, results in revocation or modification of 
  3.33  the notice to the extent that the change affects the notice. 
  3.34     Subd. 3.  [RETROACTIVITY.] Interpretive notices are 
  3.35  generally interpretive of existing law and therefore are 
  3.36  retroactive to the effective date of the applicable law 
  4.1   provision unless otherwise stated in the notice. 
  4.2      Subd. 4.  [ISSUANCE.] The issuance of interpretive notices 
  4.3   is at the discretion of the agency.  Before issuing interpretive 
  4.4   notices, the agency shall establish internal procedures 
  4.5   governing the issuance of interpretive notices.  At least one 
  4.6   week before publication of an interpretive notice in the State 
  4.7   Register, the agency shall provide a copy of the notice, 
  4.8   together with an easily readable and understandable summary of 
  4.9   the overall nature and effect of the interpretive notice, to the 
  4.10  chairs and ranking minority party members of the legislative 
  4.11  policy and budget committees with jurisdiction over the subject 
  4.12  matter of the proposed notice. 
  4.13     Subd. 5.  [PUBLICATION.] The agency shall publish the 
  4.14  interpretive notice in the State Register and may publish the 
  4.15  notice in any other manner that makes it accessible to the 
  4.16  general public.  The agency may charge a reasonable fee for 
  4.17  publications. 
  4.18     Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  4.19  14.116, is amended to read: 
  4.20     14.116 [NOTICE TO LEGISLATURE.] 
  4.21     When an agency mails notice of intent to adopt rules under 
  4.22  section 14.14 or, 14.22, or 14.361, the agency must send a copy 
  4.23  of the same notice and a copy of the statement of need and 
  4.24  reasonableness to the chairs and ranking minority party members 
  4.25  of the legislative policy and budget committees with 
  4.26  jurisdiction over the subject matter of the proposed rules. 
  4.27     In addition, if the mailing of the notice is within two 
  4.28  years of the effective date of the law granting the agency 
  4.29  authority to adopt the proposed rules, the agency shall make 
  4.30  reasonable efforts to send a copy of the notice and the 
  4.31  statement to all sitting legislators who were chief house and 
  4.32  senate authors of the bill granting the rulemaking authority.  
  4.33  If the bill was amended to include this rulemaking authority, 
  4.34  the agency shall make reasonable efforts to send the notice and 
  4.35  the statement to the chief house and senate authors of the 
  4.36  amendment granting rulemaking authority, rather than to the 
  5.1   chief authors of the bill. 
  5.2      Sec. 6.  [14.361] [NOTICE AND COMMENT PROCESS.] 
  5.3      Subdivision 1.  [APPLICATION.] An agency may use this 
  5.4   section to adopt, amend, or repeal rules, unless a law 
  5.5   specifically requires another process or unless 25 requests are 
  5.6   received under subdivision 4.  Rules adopted, amended, or 
  5.7   repealed using the process in this section have the force and 
  5.8   effect of law.  Sections 14.19, 14.20, 14.365, and 14.366 apply 
  5.9   to rules adopted, amended, or repealed under this section. 
  5.10     Subd. 2.  [NOTICE PLAN; PRIOR APPROVAL.] The agency must 
  5.11  draft a notice plan under which the agency will make reasonable 
  5.12  efforts to notify persons or classes of persons who may be 
  5.13  significantly affected by the rule by giving notice of its 
  5.14  intention in newsletters, newspapers, or other publications, or 
  5.15  through other means of communication.  Before publishing the 
  5.16  notice in the State Register and implementing the notice plan, 
  5.17  the agency must obtain prior approval of the notice plan by the 
  5.18  chief administrative law judge. 
  5.19     Subd. 3.  [NOTICE AND COMMENT.] The agency must publish 
  5.20  notice of the proposed rule in the State Register.  The agency 
  5.21  must also mail the notice to persons who have registered with 
  5.22  the agency to receive mailed notices and to the chairs and 
  5.23  ranking minority party members of the legislative policy and 
  5.24  budget committees with jurisdiction over the subject matter of 
  5.25  the proposed rule.  The agency must also give notice according 
  5.26  to the notice plan approved under subdivision 2.  The mailed 
  5.27  notice must include an easily readable and understandable 
  5.28  summary of the overall nature and effect of the proposed rule 
  5.29  and a statement that a free copy is available from the agency 
  5.30  upon request.  The notice must include a statement that, if 25 
  5.31  or more people submit a written request for additional 
  5.32  procedures, and those requests are not withdrawn by the 
  5.33  expiration of the comment period, the agency may not seek 
  5.34  approval of the rules unless it undertakes the procedures in 
  5.35  sections 14.131 to 14.20, or sections 14.22 to 14.28.  The 
  5.36  notice in the State Register must include the proposed rule or 
  6.1   the amended rule in the form required by the revisor under 
  6.2   section 14.07, together with an easily readable and 
  6.3   understandable summary of the overall nature and effect of the 
  6.4   proposed rule, and a citation to the most specific statutory 
  6.5   authority for the rule.  The agency must allow 60 days after 
  6.6   publication in the State Register for comment on the rule. 
  6.7      Subd. 4.  [REQUESTS.] If 25 or more people submit a written 
  6.8   request, the agency may adopt the rule only after complying with 
  6.9   sections 14.131 to 14.20 or the requirements of sections 14.22 
  6.10  to 14.28.  The requests must be in the manner specified in 
  6.11  section 14.25. 
  6.12     Subd. 5.  [ADOPTION.] The agency may modify a proposed rule 
  6.13  if the modifications do not result in a substantially different 
  6.14  rule, as defined in section 14.05, subdivision 2, paragraphs (b) 
  6.15  and (c).  If the final rule is identical to the rule originally 
  6.16  published in the State Register, the agency must publish a 
  6.17  notice of adoption in the State Register.  If the final rule is 
  6.18  different from the rule originally published in the State 
  6.19  Register, the agency must publish a copy of the changes in the 
  6.20  State Register.  The agency must also file a copy of the rule 
  6.21  with the governor.  The rule is effective after it has been 
  6.22  subjected to all requirements described in sections 14.131 to 
  6.23  14.20 and five working days after the notice of adoption is 
  6.24  published in the State Register unless a later date is required 
  6.25  by law or specified in the rule. 
  6.26     Subd. 6.  [LEGAL REVIEW.] Before publication of the final 
  6.27  rule in the State Register, the agency must submit the rule to 
  6.28  the chief administrative law judge in the office of 
  6.29  administrative hearings.  The chief administrative law judge 
  6.30  shall within 14 days approve or disapprove the rule as to its 
  6.31  legality and its form to the extent the form relates to legality.
  6.32     Sec. 7.  [EFFECTIVE DATE; APPLICATION.] 
  6.33     Sections 1 to 6 are effective August 1, 2002, and the 
  6.34  authority to establish procedures governing the issuance of 
  6.35  interpretive notices may be exercised on and after the day 
  6.36  following final enactment of this act.