SF 532

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to rulemaking; authorizing notice by electronic mail; amending
Minnesota Statutes 2008, sections 14.07, subdivision 6; 14.14, subdivision 1a;
14.22, subdivision 1; 14.389, subdivision 2; 14.3895, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 14.07, subdivision 6, is amended to read:

Subd. 6.

Style and form revisions.

The revisor of statutes may periodically
prepare style and form revisions of rules to clarify, modernize, or simplify the text without
material change to the rules' substance or effect. Before beginning any revision, the
revisor shall consult the agency whose rules will be subject to the revision. After the
revision is prepared, the revisor shall present it to the agency and receive its consent to
proceed to seek adoption of the revision. Upon receiving consent, the revisor shall seek
adoption of the rules in accordance with sections 14.05 to 14.28. However, the need and
reasonableness statement and any hearing shall be restricted to the issue of whether any
material change in the substance and effect of the rule is proposed by the revisor. The
revisor shall mail notice new text begin by United States mail or electronic mail new text end of any hearing to the
persons registered with the agency whose rules are the subject of the revision. The revisor
shall pay all costs to publish notices in the State Register and to replenish the agency's
stock of rules which exist at the time the revisor adopts the revised rules.

Sec. 2.

Minnesota Statutes 2008, section 14.14, subdivision 1a, is amended to read:

Subd. 1a.

Notice of rule hearing.

(a) Each agency shall maintain a list of all
persons who have registered new text begin their name and United States mail or electronic mail address new text end
with the agency for the purpose of receiving notice of rule proceedings. The agency may
inquire as to whether those persons on the list wish to maintain their names on it and
may remove names for which there is a negative reply or no reply within 60 days. The
agency shall, at least 30 days before the date set for the hearing, give notice of its intention
to adopt rules by United States mail new text begin or electronic mail new text end to all persons on its list, and by
publication in the State Register. The mailed notice must include either a copy of the
proposed rule or an easily readable and understandable description of its nature and effect
and an announcement that a free copy of the proposed rule is available on request from
the agency. In addition, each agency shall make reasonable efforts to notify persons or
classes of persons who may be significantly affected by the rule being proposed by giving
notice of its intention in newsletters, newspapers, or other publications, or through other
means of communication. The notice in the State Register must include the proposed rule
or an amended rule in the form required by the revisor under section 14.07, together with
an easily readable and understandable summary of the overall nature and effect of the
proposed rule, a citation to the most specific statutory authority for the proposed rule, a
statement of the place, date, and time of the public hearing, a statement that persons may
register with the agency for the purpose of receiving notice of rule proceedings and notice
that the agency intends to adopt a rule and other information required by law or rule.
When an entire rule is proposed to be repealed, the agency need only publish that fact,
along with an easily readable and understandable summary of the overall nature of the
rules proposed for repeal, and a citation to the rule to be repealed.

(b) The chief administrative law judge may authorize an agency to omit from the
notice of rule hearing the text of any proposed rule, the publication of which would be
unduly cumbersome, expensive, or otherwise inexpedient if:

(1) knowledge of the rule is likely to be important to only a small class of persons;

(2) the notice of rule hearing states that a free copy of the entire rule is available
upon request to the agency; and

(3) the notice of rule hearing states in detail the specific subject matter of the omitted
rule, cites the statutory authority for the proposed rule, and details the proposed rule's
purpose and motivation.

Sec. 3.

Minnesota Statutes 2008, section 14.22, subdivision 1, is amended to read:

Subdivision 1.

Contents.

(a) Unless an agency proceeds directly to a public hearing
on a proposed rule and gives the notice prescribed in section 14.14, subdivision 1a, the
agency shall give notice of its intention to adopt a rule without public hearing. The
notice must be given by publication in the State Register and by United States mail new text begin or
electronic mail new text end to persons who have registered their names with the agency under section
14.14, subdivision 1a. The mailed notice must include either a copy of the proposed
rule or an easily readable and understandable description of its nature and effect and
an announcement that a free copy of the proposed rule is available on request from the
agency. In addition, each agency shall make reasonable efforts to notify persons or classes
of persons who may be significantly affected by the rule by giving notice of its intention in
newsletters, newspapers, or other publications, or through other means of communication.
The notice in the State Register must include the proposed rule or the amended rule in the
form required by the revisor under section 14.07, an easily readable and understandable
summary of the overall nature and effect of the proposed rule, a citation to the most
specific statutory authority for the proposed rule, a statement that persons may register
with the agency for the purpose of receiving notice of rule proceedings and notice that a
rule has been submitted to the chief administrative law judge, and other information
required by law or rule. When an entire rule is proposed to be repealed, the notice need
only state that fact, along with an easily readable and understandable summary of the
overall nature of the rules proposed for repeal, and a citation to the rule to be repealed.
The notice must include a statement advising the public:

(1) that the public has 30 days in which to submit comment in support of or in
opposition to the proposed rule and that comment is encouraged;

(2) that each comment should identify the portion of the proposed rule addressed,
the reason for the comment, and any change proposed;

(3) that if 25 or more persons submit a written request for a public hearing within
the 30-day comment period, a public hearing will be held;

(4) of the manner in which persons must request a public hearing on the proposed
rule;

(5) of the requirements contained in section 14.25 relating to a written request for a
public hearing, and that the requester is encouraged to propose any change desired;

(6) that the proposed rule may be modified if the modifications are supported by
the data and views submitted; and

(7) that if a hearing is not required, notice of the date of submission of the proposed
rule to the chief administrative law judge for review will be mailed to any person
requesting to receive the notice.

In connection with the statements required in clauses (1) and (3), the notice must
also include the date on which the 30-day comment period ends.

(b) The chief administrative law judge may authorize an agency to omit from the
notice of intent to adopt the text of any proposed rule, the publication of which would be
unduly cumbersome, expensive, or otherwise inexpedient if:

(1) knowledge of the rule is likely to be important to only a small class of persons;

(2) the notice of intent to adopt states that a free copy of the entire rule is available
upon request to the agency; and

(3) the notice of intent to adopt states in detail the specific subject matter of the
omitted rule, cites the statutory authority for the proposed rule, and details the proposed
rule's purpose and motivation.

Sec. 4.

Minnesota Statutes 2008, section 14.389, subdivision 2, is amended to read:

Subd. 2.

Notice and comment.

The agency must publish notice of the proposed
rule in the State Register and must mail the notice new text begin by United States mail or electronic mail new text end
to persons who have registered with the agency to receive mailed notices. The mailed
notice must include either a copy of the proposed rule or a description of the nature and
effect of the proposed rule and a statement that a free copy is available from the agency
upon request. The notice in the State Register must include the proposed rule or the
amended rule in the form required by the revisor under section 14.07, an easily readable
and understandable summary of the overall nature and effect of the proposed rule, and a
citation to the most specific statutory authority for the rule, including authority for the
rule to be adopted under the process in this section. The agency must allow 30 days after
publication in the State Register for comment on the rule.

Sec. 5.

Minnesota Statutes 2008, section 14.3895, subdivision 3, is amended to read:

Subd. 3.

Notice and comment.

The agency shall publish notice of the proposed
rule repeal in the State Register. The agency shall also mail the notice new text begin by United States
mail or electronic mail new text end to persons who have registered with the agency to receive mailed
notices and to the chairs and ranking minority party members of the legislative policy
and budget committees with jurisdiction over the subject matter of the proposed rule
repeal. The agency shall also give notice according to the notice plan approved under
subdivision 2. The mailed notice must include either a copy of the rule proposed for
repeal or a description of the nature and effect of the proposed rule repeal and a statement
that a free copy is available from the agency upon request. The notice must include a
statement that, if 25 or more people submit a written request, the agency will have to
meet the requirements of sections 14.131 to 14.20 for rules adopted after a hearing or the
requirements of sections 14.22 to 14.28 for rules adopted without a hearing, including the
preparation of a statement of need and reasonableness and the opportunity for a hearing.
The agency shall allow 60 days after publication in the State Register for comment on
the proposed rule repeal.