SF 871

3rd 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; administrative 
  1.3             rulemaking; revising the procedures for the adoption 
  1.4             and review of agency rules; requiring fees to cover 
  1.5             costs; repealing certain obsolete rules; appropriating 
  1.6             money; amending Minnesota Statutes 1994, sections 
  1.7             3.842, subdivisions 2, 4, and by adding a subdivision; 
  1.8             4A.05, subdivision 2; 14.04; 14.05, subdivision 2, and 
  1.9             by adding a subdivision; 14.06; 14.08; 14.09; 14.131; 
  1.10            14.14, subdivision 1a; 14.15, subdivisions 3 and 4; 
  1.11            14.16, subdivision 1; 14.18, subdivision 1; 14.19; 
  1.12            14.22, subdivision 1; 14.23; 14.24; 14.25; 14.26; 
  1.13            14.365; 14.48; 14.51; 16A.1285, subdivisions 2, 4, and 
  1.14            5; 17.84; 18E.03, subdivision 3; 43A.04, by adding a 
  1.15            subdivision; 62N.05, by adding a subdivision; 84.027, 
  1.16            by adding a subdivision; 116.07, subdivision 4d; 
  1.17            144.98, subdivision 3; 221.0335; 326.2421, subdivision 
  1.18            3; and 341.10; Minnesota Rules, parts 1540.2140; 
  1.19            7001.0140, subpart 2; 7001.0180; 8130.3500, subpart 3; 
  1.20            and 8130.6500, subpart 5; proposing coding for new law 
  1.21            in Minnesota Statutes, chapters 14; and 97A; repealing 
  1.22            Minnesota Statutes 1994, sections 3.846; 14.10; 14.11; 
  1.23            14.115; 14.12; 14.1311; 14.235; 14.29; 14.30; 14.305; 
  1.24            14.31; 14.32; 14.33; 14.34; 14.35; 14.36; and 17.83; 
  1.25            Minnesota Rules, chapters 2650; 7047; 7600; 7625; and 
  1.26            9540; Minnesota Rules, parts 1540.0010, subparts 12, 
  1.27            18, 21, 22, and 24; 1540.0060; 1540.0070; 1540.0080; 
  1.28            1540.0100; 1540.0110; 1540.0120; 1540.0130; 1540.0140; 
  1.29            1540.0150; 1540.0160; 1540.0170; 1540.0180; 1540.0190; 
  1.30            1540.0200; 1540.0210; 1540.0220; 1540.0230; 1540.0240; 
  1.31            1540.0260; 1540.0320; 1540.0330; 1540.0340; 1540.0350; 
  1.32            1540.0370; 1540.0380; 1540.0390; 1540.0400; 1540.0410; 
  1.33            1540.0420; 1540.0440; 1540.0450; 1540.0460; 1540.0490; 
  1.34            1540.0500; 1540.0510; 1540.0520; 1540.0770; 1540.0780; 
  1.35            1540.0800; 1540.0810; 1540.0830; 1540.0880; 1540.0890; 
  1.36            1540.0900; 1540.0910; 1540.0920; 1540.0930; 1540.0940; 
  1.37            1540.0950; 1540.0960; 1540.0970; 1540.0980; 1540.0990; 
  1.38            1540.1000; 1540.1005; 1540.1010; 1540.1020; 1540.1030; 
  1.39            1540.1040; 1540.1050; 1540.1060; 1540.1070; 1540.1080; 
  1.40            1540.1090; 1540.1100; 1540.1110; 1540.1120; 1540.1130; 
  1.41            1540.1140; 1540.1150; 1540.1160; 1540.1170; 1540.1180; 
  1.42            1540.1190; 1540.1200; 1540.1210; 1540.1220; 1540.1230; 
  1.43            1540.1240; 1540.1250; 1540.1255; 1540.1260; 1540.1280; 
  1.44            1540.1290; 1540.1300; 1540.1310; 1540.1320; 1540.1330; 
  1.45            1540.1340; 1540.1350; 1540.1360; 1540.1380; 1540.1400; 
  1.46            1540.1410; 1540.1420; 1540.1430; 1540.1440; 1540.1450; 
  2.1             1540.1460; 1540.1470; 1540.1490; 1540.1500; 1540.1510; 
  2.2             1540.1520; 1540.1530; 1540.1540; 1540.1550; 1540.1560; 
  2.3             1540.1570; 1540.1580; 1540.1590; 1540.1600; 1540.1610; 
  2.4             1540.1620; 1540.1630; 1540.1640; 1540.1650; 1540.1660; 
  2.5             1540.1670; 1540.1680; 1540.1690; 1540.1700; 1540.1710; 
  2.6             1540.1720; 1540.1730; 1540.1740; 1540.1750; 1540.1760; 
  2.7             1540.1770; 1540.1780; 1540.1790; 1540.1800; 1540.1810; 
  2.8             1540.1820; 1540.1830; 1540.1840; 1540.1850; 1540.1860; 
  2.9             1540.1870; 1540.1880; 1540.1890; 1540.1900; 1540.1905; 
  2.10            1540.1910; 1540.1920; 1540.1930; 1540.1940; 1540.1950; 
  2.11            1540.1960; 1540.1970; 1540.1980; 1540.1990; 1540.2000; 
  2.12            1540.2010; 1540.2015; 1540.2020; 1540.2090; 1540.2100; 
  2.13            1540.2110; 1540.2120; 1540.2180; 1540.2190; 1540.2200; 
  2.14            1540.2210; 1540.2220; 1540.2230; 1540.2240; 1540.2250; 
  2.15            1540.2260; 1540.2270; 1540.2280; 1540.2290; 1540.2300; 
  2.16            1540.2310; 1540.2320; 1540.2325; 1540.2330; 1540.2340; 
  2.17            1540.2350; 1540.2360; 1540.2370; 1540.2380; 1540.2390; 
  2.18            1540.2400; 1540.2410; 1540.2420; 1540.2430; 1540.2440; 
  2.19            1540.2450; 1540.2490; 1540.2500; 1540.2510; 1540.2530; 
  2.20            1540.2540; 1540.2550; 1540.2560; 1540.2570; 1540.2580; 
  2.21            1540.2590; 1540.2610; 1540.2630; 1540.2640; 1540.2650; 
  2.22            1540.2660; 1540.2720; 1540.2730; 1540.2740; 1540.2760; 
  2.23            1540.2770; 1540.2780; 1540.2790; 1540.2800; 1540.2810; 
  2.24            1540.2820; 1540.2830; 1540.2840; 1540.3420; 1540.3430; 
  2.25            1540.3440; 1540.3450; 1540.3460; 1540.3470; 1540.3560; 
  2.26            1540.3600; 1540.3610; 1540.3620; 1540.3630; 1540.3700; 
  2.27            1540.3780; 1540.3960; 1540.3970; 1540.3980; 1540.3990; 
  2.28            1540.4000; 1540.4010; 1540.4020; 1540.4030; 1540.4040; 
  2.29            1540.4080; 1540.4190; 1540.4200; 1540.4210; 1540.4220; 
  2.30            1540.4320; 1540.4330; 1540.4340; 2642.0120, subpart 1; 
  2.31            2655.1000; 2660.0070; 2770.7400; 4610.2210; 7002.0410 
  2.32            to 7002.0490; 7100.0300 to 7100.0350; 7510.6100 to 
  2.33            7510.6910; 8120.1100, subpart 3; 8121.0500, subpart 2; 
  2.34            and 8130.9912 to 8130.9992. 
  2.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.36                             ARTICLE 1
  2.37     Section 1.  Minnesota Statutes 1994, section 3.842, 
  2.38  subdivision 2, is amended to read: 
  2.39     Subd. 2.  [JURISDICTION.] The jurisdiction of the 
  2.40  commission includes all rules as defined in section 14.02, 
  2.41  subdivision 4.  The commission also has jurisdiction of rules 
  2.42  which are filed with the secretary of state in accordance with 
  2.43  section sections 14.38, subdivisions 5, 6, 7, 8, 9, and 11 or 
  2.44  were filed with the secretary of state in accordance with the 
  2.45  provisions of section 14.38, subdivisions 5 to 9, which were in 
  2.46  effect on the date the rules were filed; 14.386; and 14.388.  
  2.47     The commission may periodically review statutory exemptions 
  2.48  to the rulemaking provisions of this chapter.  
  2.49     Sec. 2.  Minnesota Statutes 1994, section 3.842, 
  2.50  subdivision 4, is amended to read: 
  2.51     Subd. 4.  [SUSPENSIONS.] (a) The commission may, on any of 
  2.52  the grounds listed in paragraph (b) and on the basis of the 
  3.1   testimony received at the public hearings, suspend any rule 
  3.2   complained of by the affirmative vote of at least six members 
  3.3   provided the provisions of section 3.844 have been met.  If any 
  3.4   rule is suspended, the commission shall as soon as possible 
  3.5   place before the legislature, at the next year's session, a bill 
  3.6   to repeal the suspended rule.  If the bill is not enacted in 
  3.7   that year's session, the rule is effective upon adjournment of 
  3.8   the session unless the agency has repealed it.  If the bill is 
  3.9   enacted, the rule is repealed.  
  3.10     (b) A rule suspension under paragraph (a) must be based on 
  3.11  one or more of the following reasons: 
  3.12     (1) an absence of statutory authority; 
  3.13     (2) an emergency relating to public health, safety, or 
  3.14  welfare; 
  3.15     (3) a failure to comply with legislative intent; 
  3.16     (4) a conflict with state law; 
  3.17     (5) a change in circumstances since enactment of the 
  3.18  earliest law upon which the rule is based; 
  3.19     (6) arbitrariness and capriciousness, or imposition of an 
  3.20  undue hardship.  
  3.21     (c) This section authorizes the commission to suspend a 
  3.22  rule only when the vote to suspend is taken, and the effective 
  3.23  date of the suspension occurs, at a time when the legislature 
  3.24  could not enact a bill to repeal the rule. 
  3.25     Sec. 3.  Minnesota Statutes 1994, section 3.842, is amended 
  3.26  by adding a subdivision to read: 
  3.27     Subd. 4a.  [OBJECTIONS TO RULES.] (a) If the legislative 
  3.28  commission to review administrative rules objects to all or some 
  3.29  portion of a rule because the commission considers it to be 
  3.30  beyond the procedural or substantive authority delegated to the 
  3.31  agency, including a proposed rule submitted under section 14.15, 
  3.32  subdivision 4, or 14.26, subdivision 3, paragraph (c), the 
  3.33  commission may file that objection in the office of the 
  3.34  secretary of state.  The filed objection must contain a concise 
  3.35  statement of the commission's reasons for its action.  An 
  3.36  objection to a proposed rule submitted under section 14.15, 
  4.1   subdivision 4, or 14.26, subdivision 3, paragraph (c), may not 
  4.2   be filed before the rule is adopted. 
  4.3      (b) The secretary of state shall affix to each objection a 
  4.4   certification of the date and time of its filing and as soon 
  4.5   after the objection is filed as practicable shall transmit a 
  4.6   certified copy of it to the agency issuing the rule in question 
  4.7   and the revisor of statutes.  The secretary of state shall also 
  4.8   maintain a permanent register open to public inspection of all 
  4.9   objections by the commission.  
  4.10     (c) The legislative commission to review administrative 
  4.11  rules shall publish and index an objection filed under this 
  4.12  section in the next issue of the State Register.  The revisor of 
  4.13  statutes shall indicate its existence adjacent to the rule in 
  4.14  question when that rule is published in Minnesota Rules. 
  4.15     (d) Within 14 days after the filing of an objection by the 
  4.16  commission to a rule, the issuing agency shall respond in 
  4.17  writing to the commission.  After receipt of the response, the 
  4.18  commission may withdraw or modify its objection.  
  4.19     (e) After the filing of an objection by the commission that 
  4.20  is not subsequently withdrawn, the burden is upon the agency in 
  4.21  any proceeding for judicial review or for enforcement of the 
  4.22  rule to establish that the whole or portion of the rule objected 
  4.23  to is valid.  
  4.24     (f) The failure of the commission to object to a rule is 
  4.25  not an implied legislative authorization of its validity. 
  4.26     (g) Pursuant to sections 14.44 and 14.45, the commission 
  4.27  may petition for a declaratory judgment to determine the 
  4.28  validity of any rule objected to by the commission.  
  4.29     This action must be started within two years after an 
  4.30  objection is filed in the office of the secretary of state.  
  4.31     (h) The commission may intervene in litigation arising from 
  4.32  agency action.  For purposes of this paragraph, agency action 
  4.33  means the whole or part of a rule, or the failure to issue a 
  4.34  rule. 
  4.35     Sec. 4.  Minnesota Statutes 1994, section 4A.05, 
  4.36  subdivision 2, is amended to read: 
  5.1      Subd. 2.  [FEES.] The director shall set fees under section 
  5.2   16A.128, subdivision 2, 16A.1285 reflecting the actual costs of 
  5.3   providing the center's information products and services to 
  5.4   clients.  Fees collected must be deposited in the state treasury 
  5.5   and credited to the land management information center revolving 
  5.6   account.  Money in the account is appropriated to the director 
  5.7   for operation of the land management information system, 
  5.8   including the cost of services, supplies, materials, labor, and 
  5.9   equipment, as well as the portion of the general support costs 
  5.10  and statewide indirect costs of the office that is attributable 
  5.11  to the land management information system.  The director may 
  5.12  require a state agency to make an advance payment to the 
  5.13  revolving fund sufficient to cover the agency's estimated 
  5.14  obligation for a period of 60 days or more.  If the revolving 
  5.15  fund is abolished or liquidated, the total net profit from 
  5.16  operations must be distributed to the funds from which purchases 
  5.17  were made.  The amount to be distributed to each fund must bear 
  5.18  to the net profit the same ratio as the total purchases from 
  5.19  each fund bear to the total purchases from all the funds during 
  5.20  a period of time that fairly reflects the amount of net profit 
  5.21  each fund is entitled to receive under this distribution. 
  5.22     Sec. 5.  Minnesota Statutes 1994, section 14.04, is amended 
  5.23  to read: 
  5.24     14.04 [AGENCY ORGANIZATION; GUIDEBOOK.] 
  5.25     To assist interested persons dealing with it, each agency 
  5.26  shall, in a manner prescribed by the commissioner of 
  5.27  administration, prepare a description of its organization, 
  5.28  stating the process whereby general course and method of its 
  5.29  operations and where and how the public may obtain information 
  5.30  or make submissions or requests.  The commissioner of 
  5.31  administration shall publish these descriptions at least once 
  5.32  every four years commencing in 1981 in a guidebook of state 
  5.33  agencies.  Notice of the publication of the guidebook shall be 
  5.34  published in the State Register and given in newsletters, 
  5.35  newspapers, or other publications, or through other means of 
  5.36  communication. 
  6.1      Sec. 6.  Minnesota Statutes 1994, section 14.05, 
  6.2   subdivision 2, is amended to read: 
  6.3      Subd. 2.  [AUTHORITY TO MODIFY PROPOSED RULE.] (a) An 
  6.4   agency may modify a proposed rule in accordance with the 
  6.5   procedures of the administrative procedure act.  However, an 
  6.6   agency may not modify a proposed rule so that it is 
  6.7   substantially different from the proposed rule in the notice of 
  6.8   intent to adopt rules or notice of hearing.  
  6.9      (b) A modification does not make a proposed rule 
  6.10  substantially different if: 
  6.11     (1) the differences are within the scope of the matter 
  6.12  announced in the notice of intent to adopt or notice of hearing 
  6.13  and are in character with the issues raised in that notice; 
  6.14     (2) the differences are a logical outgrowth of the contents 
  6.15  of the notice of intent to adopt or notice of hearing and the 
  6.16  comments submitted in response to the notice; and 
  6.17     (3) the notice of intent to adopt or notice of hearing 
  6.18  provided fair warning that the outcome of that rulemaking 
  6.19  proceeding could be the rule in question. 
  6.20     (c) In determining whether the notice of intent to adopt or 
  6.21  notice of hearing provided fair warning that the outcome of that 
  6.22  rulemaking proceeding could be the rule in question the 
  6.23  following factors must be considered: 
  6.24     (1) the extent to which persons who will be affected by the 
  6.25  rule should have understood that the rulemaking proceeding on 
  6.26  which it is based could affect their interests; 
  6.27     (2) the extent to which the subject matter of the rule or 
  6.28  issues determined by the rule are different from the subject 
  6.29  matter or issues contained in the notice of intent to adopt or 
  6.30  notice of hearing; and 
  6.31     (3) the extent to which the effects of the rule differ from 
  6.32  the effects of the proposed rule contained in the notice of 
  6.33  intent to adopt or notice of hearing.  
  6.34     Sec. 7.  Minnesota Statutes 1994, section 14.05, is amended 
  6.35  by adding a subdivision to read: 
  6.36     Subd. 5.  [REVIEW AND REPEAL OF RULES.] By December 1 of 
  7.1   each year, an agency shall submit a list of all the rules of the 
  7.2   agency to the governor, the legislative commission to review 
  7.3   administrative rules, and the revisor of statutes.  The list 
  7.4   must identify any rules that are obsolete and should be 
  7.5   repealed.  The list must also include an explanation of why the 
  7.6   rule is obsolete and the agency's timetable for repeal. 
  7.7      Sec. 8.  Minnesota Statutes 1994, section 14.06, is amended 
  7.8   to read: 
  7.9      14.06 [REQUIRED RULES.] 
  7.10     (a) Each agency shall adopt rules, in the form prescribed 
  7.11  by the revisor of statutes, setting forth the nature and 
  7.12  requirements of all formal and informal procedures related to 
  7.13  the administration of official agency duties to the extent that 
  7.14  those procedures directly affect the rights of or procedures 
  7.15  available to the public.  
  7.16     (b) Upon the request of any person, and as soon as feasible 
  7.17  and to the extent practicable, each agency shall adopt rules to 
  7.18  supersede those principles of law or policy lawfully declared by 
  7.19  the agency as the basis for its decisions in particular cases it 
  7.20  intends to rely on as precedents in future cases.  This 
  7.21  paragraph does not apply to the public utilities commission.  
  7.22     Sec. 9.  Minnesota Statutes 1994, section 14.08, is amended 
  7.23  to read: 
  7.24     14.08 [REVISOR OF STATUTES APPROVAL OF RULE AND RULE FORM; 
  7.25  COSTS.] 
  7.26     (a) Two copies of a rule adopted pursuant to the provisions 
  7.27  of section 14.26 or 14.32 shall be submitted by the agency to 
  7.28  the attorney general chief administrative law judge.  
  7.29  The attorney general chief administrative law judge shall send 
  7.30  one copy of the rule to the revisor on the same day as it is 
  7.31  submitted by the agency under section 14.26 or 14.32.  Within 
  7.32  five days after receipt of the rule, excluding weekends and 
  7.33  holidays, the revisor shall either return the rule with a 
  7.34  certificate of approval of the form of the rule to the attorney 
  7.35  general chief administrative law judge or notify the attorney 
  7.36  general chief administrative law judge and the agency that the 
  8.1   form of the rule will not be approved.  
  8.2      If the attorney general chief administrative law judge 
  8.3   disapproves a rule, the agency may modify it and the agency 
  8.4   shall submit two copies of the modified rule to the attorney 
  8.5   general chief administrative law judge who shall send a copy to 
  8.6   the revisor for approval as to form as described in this 
  8.7   paragraph. 
  8.8      (b) One copy of a rule adopted after a public hearing shall 
  8.9   be submitted by the agency to the revisor for approval of the 
  8.10  form of the rule.  Within five working days after receipt of the 
  8.11  rule, the revisor shall either return the rule with a 
  8.12  certificate of approval to the agency or notify the agency that 
  8.13  the form of the rule will not be approved.  
  8.14     (c) If the revisor refuses to approve the form of the rule, 
  8.15  the revisor's notice shall revise the rule so it is in the 
  8.16  correct form.  
  8.17     (d) The attorney general chief administrative law judge 
  8.18  shall assess an agency for the attorney general's actual cost of 
  8.19  processing rules under this section.  The agency shall pay the 
  8.20  attorney general's assessments using the procedures of section 
  8.21  8.15.  Each agency shall include in its budget money to pay 
  8.22  the attorney general's assessments.  Receipts from the 
  8.23  assessment must be deposited in the state treasury and credited 
  8.24  to the general fund administrative hearings account created in 
  8.25  section 14.54. 
  8.26     Sec. 10.  Minnesota Statutes 1994, section 14.09, is 
  8.27  amended to read: 
  8.28     14.09 [PETITION FOR ADOPTION OF RULE.] 
  8.29     Any interested person may petition an agency requesting the 
  8.30  adoption, suspension, amendment, or repeal of any rule.  The 
  8.31  petition shall be specific as to what action is requested and 
  8.32  the need for the action.  Upon receiving a petition an agency 
  8.33  shall have 60 days in which to make a specific and detailed 
  8.34  reply in writing as to its planned disposition of the request 
  8.35  and the reasons for its planned disposition of the request.  If 
  8.36  the agency states its intention to hold a public hearing on the 
  9.1   subject of the request, it shall proceed according to sections 
  9.2   14.05 to 14.36 14.28.  The attorney general chief administrative 
  9.3   law judge shall prescribe by rule the form for all petitions 
  9.4   under this section and may prescribe further procedures for 
  9.5   their submission, consideration, and disposition. 
  9.6      Sec. 11.  [14.101] [ADVICE ON POSSIBLE RULES.] 
  9.7      Subdivision 1.  [REQUIRED NOTICE.] In addition to seeking 
  9.8   information by other methods designed to reach persons or 
  9.9   classes of persons who might be affected by the proposal, an 
  9.10  agency, before publication of a notice of intent to adopt or a 
  9.11  notice of hearing, shall solicit comments from the public on the 
  9.12  subject matter of a possible rulemaking proposal under active 
  9.13  consideration within the agency by causing notice to be 
  9.14  published in the State Register.  The notice must include a 
  9.15  description of the subject matter of the proposal, the types of 
  9.16  groups and individuals likely to be affected, and indicate 
  9.17  where, when, and how persons may comment on the proposal and 
  9.18  whether and how drafts of any proposal may be obtained from the 
  9.19  agency. 
  9.20     Subd. 2.  [ADVISORY COMMITTEES.] Each agency may also 
  9.21  appoint committees to comment, before publication of a notice of 
  9.22  intent to adopt or a notice of hearing, on the subject matter of 
  9.23  a possible rulemaking under active consideration within the 
  9.24  agency.  The membership of those committees must be published at 
  9.25  least annually in the State Register. 
  9.26     Subd. 3.  [EFFECT OF GOOD FAITH COMPLIANCE.] If an agency 
  9.27  has made a good faith effort to comply with this section, a rule 
  9.28  may not be invalidated on the grounds that the contents of this 
  9.29  notice are insufficient or inaccurate. 
  9.30     Sec. 12.  [14.125] [TIME LIMIT ON AUTHORITY TO ADOPT, 
  9.31  AMEND, OR REPEAL RULES.] 
  9.32     An agency shall publish a notice of intent to adopt rules 
  9.33  or a notice of hearing within 18 months of the effective date of 
  9.34  the law authorizing or requiring rules to be adopted, amended, 
  9.35  or repealed.  If the notice is not published within the time 
  9.36  limit imposed by this section, the authority for the rules 
 10.1   expires.  The agency shall not use other law in existence at the 
 10.2   time of the expiration of rulemaking authority under this 
 10.3   section as authority to adopt, amend, or repeal these rules.  
 10.4      An agency that publishes a notice of intent to adopt rules 
 10.5   or a notice of hearing within the time limit specified in this 
 10.6   section may subsequently amend or repeal the rules without 
 10.7   additional legislative authorization. 
 10.8      Sec. 13.  Minnesota Statutes 1994, section 14.131, is 
 10.9   amended to read: 
 10.10     14.131 [STATEMENT OF NEED AND REASONABLENESS.] 
 10.11     Before the agency orders the publication of a rulemaking 
 10.12  notice required by section 14.14, subdivision 1a, the agency 
 10.13  must prepare, review, and make available for public review a 
 10.14  statement of the need for and reasonableness of the rule and a 
 10.15  fiscal note if required by section 3.982.  The statement of need 
 10.16  and reasonableness must be prepared under rules adopted by the 
 10.17  chief administrative law judge. and must include the following 
 10.18  to the extent the agency, through reasonable effort, can 
 10.19  ascertain this information: 
 10.20     (1) a description of the classes of persons who probably 
 10.21  will be affected by the proposed rule, including classes that 
 10.22  will bear the costs of the proposed rule and classes that will 
 10.23  benefit from the proposed rule; 
 10.24     (2) the probable costs to the agency and to any other 
 10.25  agency of the implementation and enforcement of the proposed 
 10.26  rule and any anticipated effect on state revenues; 
 10.27     (3) a determination of whether there are less costly 
 10.28  methods or less intrusive methods for achieving the purpose of 
 10.29  the proposed rule; 
 10.30     (4) a description of any alternative methods for achieving 
 10.31  the purpose of the proposed rule that were seriously considered 
 10.32  by the agency and the reasons why they were rejected in favor of 
 10.33  the proposed rule; 
 10.34     (5) the probable costs of complying with the proposed rule; 
 10.35  and 
 10.36     (6) an assessment of any differences between the proposed 
 11.1   rule and existing federal regulations and a specific analysis of 
 11.2   the need for and reasonableness of each difference.  
 11.3      For rules setting, adjusting, or establishing regulatory, 
 11.4   licensure, or other charges for goods and services, the 
 11.5   statement of need and reasonableness must include the comments 
 11.6   and recommendations of the commissioner of finance and must 
 11.7   address any fiscal and policy concerns raised during the review 
 11.8   process, as required by section 16A.1285. 
 11.9      The statement must also describe the agency's efforts to 
 11.10  provide additional notification to persons or classes of persons 
 11.11  who may be affected by the proposed rule or must explain why 
 11.12  these efforts were not made. 
 11.13     The agency shall send a copy of the statement of need and 
 11.14  reasonableness to the legislative commission to review 
 11.15  administrative rules when it becomes available for public review.
 11.16     Sec. 14.  Minnesota Statutes 1994, section 14.14, 
 11.17  subdivision 1a, is amended to read: 
 11.18     Subd. 1a.  [NOTICE OF RULE HEARING.] (a) Each agency shall 
 11.19  maintain a list of all persons who have registered with the 
 11.20  agency for the purpose of receiving notice of rule hearings 
 11.21  proceedings.  The agency may inquire as to whether those persons 
 11.22  on the list wish to maintain their names thereon and may remove 
 11.23  names for which there is a negative reply or no reply within 60 
 11.24  days.  The agency shall, at least 30 days prior to the date set 
 11.25  for the hearing, give notice of its intention to adopt rules by 
 11.26  United States mail to all persons on its list, and by 
 11.27  publication in the State Register.  The mailed notice shall 
 11.28  include either a copy of the proposed rule or a description of 
 11.29  the nature and effect of the proposed rule and an announcement 
 11.30  that a free copy of the proposed rule is available on request 
 11.31  from the agency.  Each agency may, at its own discretion, also 
 11.32  contact persons not on its list and may give who may be affected 
 11.33  by the rule being proposed.  In addition, each agency shall make 
 11.34  reasonable efforts to notify persons or classes of persons who 
 11.35  may be affected by the rule being proposed by giving notice of 
 11.36  its intention in newsletters, newspapers, or other publications, 
 12.1   or through other means of communication.  The notice in the 
 12.2   State Register must include the proposed rule or an amended rule 
 12.3   in the form required by the revisor under section 14.07, 
 12.4   together with a citation to the most specific statutory 
 12.5   authority for the proposed rule, a statement of the place, date, 
 12.6   and time of the public hearing, a statement that persons may 
 12.7   register with the agency for the purpose of receiving notice of 
 12.8   rule proceedings and notice that a rule has been adopted, and 
 12.9   other information as required by law or rule.  When an entire 
 12.10  rule is proposed to be repealed, the agency need only publish 
 12.11  that fact, giving the citation to the rule to be repealed in the 
 12.12  notice. 
 12.13     (b) The legislative commission to review administrative 
 12.14  rules may authorize an agency to omit from the notice of rule 
 12.15  hearing the text of any proposed rule, the publication of which 
 12.16  would be unduly cumbersome, expensive, or otherwise inexpedient 
 12.17  if: 
 12.18     (1) knowledge of the rule is likely to be important to only 
 12.19  a small class of persons; 
 12.20     (2) the notice of rule hearing states that a free copy of 
 12.21  the entire rule is available upon request to the agency; and 
 12.22     (3) the notice of rule hearing states in detail the 
 12.23  specific subject matter of the omitted rule, cites the statutory 
 12.24  authority for the proposed rule, and details the proposed rule's 
 12.25  purpose and motivation. 
 12.26     Sec. 15.  Minnesota Statutes 1994, section 14.15, 
 12.27  subdivision 3, is amended to read: 
 12.28     Subd. 3.  [FINDING OF SUBSTANTIAL CHANGE DIFFERENCE.] If 
 12.29  the report contains a finding that a rule has been modified in a 
 12.30  way which makes it substantially different, as determined under 
 12.31  section 14.05, subdivision 2, from that which was originally 
 12.32  proposed, or that the agency has not met the requirements of 
 12.33  sections 14.131 to 14.18, it shall be submitted to the chief 
 12.34  administrative law judge for approval.  If the chief 
 12.35  administrative law judge approves the finding of the 
 12.36  administrative law judge, the chief administrative law judge 
 13.1   shall advise the agency and the revisor of statutes of actions 
 13.2   which will correct the defects.  The agency shall not adopt the 
 13.3   rule until the chief administrative law judge determines that 
 13.4   the defects have been corrected or, if applicable, that the 
 13.5   agency has satisfied the rule requirements for the adoption of a 
 13.6   substantially different rule.  
 13.7      Sec. 16.  Minnesota Statutes 1994, section 14.15, 
 13.8   subdivision 4, is amended to read: 
 13.9      Subd. 4.  [NEED OR REASONABLENESS NOT ESTABLISHED.] If the 
 13.10  chief administrative law judge determines that the need for or 
 13.11  reasonableness of the rule has not been established pursuant to 
 13.12  section 14.14, subdivision 2, and if the agency does not elect 
 13.13  to follow the suggested actions of the chief administrative law 
 13.14  judge to correct that defect, then the agency shall submit the 
 13.15  proposed rule to the legislative commission to review 
 13.16  administrative rules for the commission's advice and comment.  
 13.17  The agency shall not adopt the rule until it has received and 
 13.18  considered the advice of the commission.  However, the agency is 
 13.19  not required to delay adoption longer wait for the commission's 
 13.20  advice for more than 30 60 days after the commission has 
 13.21  received the agency's submission.  Advice of the commission 
 13.22  shall not be binding on the agency. 
 13.23     Sec. 17.  Minnesota Statutes 1994, section 14.16, 
 13.24  subdivision 1, is amended to read: 
 13.25     Subdivision 1.  [REVIEW OF MODIFICATIONS.] If the report of 
 13.26  the administrative law judge finds no defects, the agency may 
 13.27  proceed to adopt the rule.  After receipt of the administrative 
 13.28  law judge's report, if the agency makes any modifications to the 
 13.29  rule other than those recommended by the administrative law 
 13.30  judge, it must return the rule to the chief administrative law 
 13.31  judge for a review on the issue of substantial change whether 
 13.32  the rule as modified is substantially different, as determined 
 13.33  under section 14.05, subdivision 2, from the rule as originally 
 13.34  proposed.  If the chief administrative law judge determines that 
 13.35  the modified rule is substantially different from that which was 
 13.36  originally proposed, the chief administrative law judge shall 
 14.1   advise the agency of actions which will correct the defects.  
 14.2   The agency shall not adopt the modified rule until the chief 
 14.3   administrative law judge determines that the defects have been 
 14.4   corrected or, if applicable, that the agency has satisfied the 
 14.5   rule requirements for the adoption of a substantially different 
 14.6   rule. 
 14.7      The agency shall give notice to all persons who requested 
 14.8   to be informed that the rule has been adopted and filed with the 
 14.9   secretary of state.  This notice shall be given on the same day 
 14.10  that the rule is filed.  
 14.11     Sec. 18.  Minnesota Statutes 1994, section 14.18, 
 14.12  subdivision 1, is amended to read: 
 14.13     Subdivision 1.  [GENERALLY.] A rule is effective after it 
 14.14  has been subjected to all requirements described in sections 
 14.15  14.131 to 14.20 and five working days after the notice of 
 14.16  adoption is published in the State Register unless a later date 
 14.17  is required by law or specified in the rule.  If the rule 
 14.18  adopted is the same as the proposed rule, publication may be 
 14.19  made by publishing notice in the State Register that the rule 
 14.20  has been adopted as proposed and by citing the prior 
 14.21  publication.  If the rule adopted differs from the proposed 
 14.22  rule, the portions of the adopted rule which differ from the 
 14.23  proposed rule shall be included in the notice of adoption 
 14.24  together with a citation to the prior State Register publication 
 14.25  of the remainder of the proposed rule.  The nature of the 
 14.26  modifications must be clear to a reasonable person when the 
 14.27  notice of adoption is considered together with the State 
 14.28  Register publication of the proposed rule, except that 
 14.29  modifications may also be made which comply with the form 
 14.30  requirements of section 14.07, subdivision 7.  
 14.31     If the agency omitted from the notice of proposed rule 
 14.32  adoption the text of the proposed rule, as permitted by section 
 14.33  14.14, subdivision 1a, paragraph (b), the legislative commission 
 14.34  to review administrative rules may provide that the notice of 
 14.35  the adopted rule need not include the text of any changes from 
 14.36  the proposed rule.  However, the notice of adoption must state 
 15.1   in detail the substance of the changes made from the proposed 
 15.2   rule, and must state that a free copy of that portion of the 
 15.3   adopted rule that was the subject of the rulemaking proceeding, 
 15.4   not including any material adopted by reference as permitted by 
 15.5   section 14.07, is available upon request to the agency. 
 15.6      Sec. 19.  Minnesota Statutes 1994, section 14.19, is 
 15.7   amended to read: 
 15.8      14.19 [DEADLINE TO COMPLETE RULEMAKING.] 
 15.9      The agency shall, within 180 days after issuance of the 
 15.10  administrative law judge's report, submit its notice of 
 15.11  adoption, amendment, suspension, or repeal to the State Register 
 15.12  for publication.  If the agency has not submitted its notice to 
 15.13  the State Register within 180 days, the rule is automatically 
 15.14  withdrawn.  The agency shall not adopt the withdrawn rules 
 15.15  without again following the procedures of sections 14.05 to 
 15.16  14.36.  It shall report to the legislative commission to review 
 15.17  administrative rules, other appropriate committees of the 
 15.18  legislature, and the governor its failure to adopt rules and the 
 15.19  reasons for that failure.  The 180-day time limit of this 
 15.20  section does not include any days used for review by the chief 
 15.21  administrative law judge, the attorney general, or the 
 15.22  legislative commission to review administrative rules if the 
 15.23  review is required by law.  
 15.24     Sec. 20.  Minnesota Statutes 1994, section 14.22, 
 15.25  subdivision 1, is amended to read: 
 15.26     Subdivision 1.  [CONTENTS.] (a) Unless an agency proceeds 
 15.27  directly to a public hearing on a proposed rule and gives the 
 15.28  notice prescribed in section 14.14, subdivision 1a, the agency 
 15.29  shall give notice of its intention to adopt a rule without 
 15.30  public hearing.  The notice shall be given by publication in the 
 15.31  State Register and by United States mail to persons who have 
 15.32  registered their names with the agency pursuant to section 
 15.33  14.14, subdivision 1a.  The mailed notice shall include either a 
 15.34  copy of the proposed rule or a description of the nature and 
 15.35  effect of the proposed rule and an announcement that a free copy 
 15.36  of the proposed rule is available on request from the agency.  
 16.1   Each agency may, at its own discretion, also contact persons not 
 16.2   on its list who may be affected by the rule being proposed.  In 
 16.3   addition, each agency shall make reasonable efforts to notify 
 16.4   persons or classes of persons who may be affected by the rule by 
 16.5   giving notice of its intention in newsletters, newspapers, or 
 16.6   other publications, or through other means of communication.  
 16.7   The notice in the State Register shall include the proposed rule 
 16.8   or the amended rule in the form required by the revisor under 
 16.9   section 14.07, and a citation to the most specific statutory 
 16.10  authority for the proposed rule, a statement that persons may 
 16.11  register with the agency for the purpose of receiving notice of 
 16.12  rule proceedings and notice that a rule has been submitted to 
 16.13  the chief administrative law judge, and other information as 
 16.14  required by law or rule.  When an entire rule is proposed to be 
 16.15  repealed, the notice need only state that fact, giving the 
 16.16  citation to the rule to be repealed in the notice.  The notice 
 16.17  shall include a statement advising the public: 
 16.18     (1) that they have 30 days in which to submit comment in 
 16.19  support of or in opposition to the proposed rule and that 
 16.20  comment is encouraged; 
 16.21     (2) that each comment should identify the portion of the 
 16.22  proposed rule addressed, the reason for the comment, and any 
 16.23  change proposed; 
 16.24     (3) that if 25 or more persons submit a written request for 
 16.25  a public hearing within the 30-day comment period, a public 
 16.26  hearing will be held; 
 16.27     (4) of the manner in which persons shall request a public 
 16.28  hearing on the proposed rule; 
 16.29     (5) that the name and address of the person requesting a 
 16.30  public hearing shall be stated of the requirements contained in 
 16.31  section 14.25 relating to a written request for a public 
 16.32  hearing, and that the requester is encouraged to identify the 
 16.33  portion of the proposed rule addressed, the reason for the 
 16.34  request, and propose any change proposed desired; 
 16.35     (6) that the proposed rule may be modified if the 
 16.36  modifications are supported by the data and views submitted; and 
 17.1      (7) that if a hearing is not required, notice of the date 
 17.2   of submission of the proposed rule to the attorney general chief 
 17.3   administrative law judge for review will be mailed to any person 
 17.4   requesting to receive the notice.  
 17.5      In connection with the statements required in clauses (1) 
 17.6   and (3), the notice must also include the date on which the 
 17.7   30-day comment period ends. 
 17.8      (b) The legislative commission to review administrative 
 17.9   rules may authorize an agency to omit from the notice of intent 
 17.10  to adopt the text of any proposed rule, the publication of which 
 17.11  would be unduly cumbersome, expensive, or otherwise inexpedient 
 17.12  if: 
 17.13     (1) knowledge of the rule is likely to be important to only 
 17.14  a small class of persons; 
 17.15     (2) the notice of intent to adopt states that a free copy 
 17.16  of the entire rule is available upon request to the agency; and 
 17.17     (3) the notice of intent to adopt states in detail the 
 17.18  specific subject matter of the omitted rule, cites the statutory 
 17.19  authority for the proposed rule, and details the proposed rule's 
 17.20  purpose and motivation. 
 17.21     Sec. 21.  Minnesota Statutes 1994, section 14.23, is 
 17.22  amended to read: 
 17.23     14.23 [STATEMENT OF NEED AND REASONABLENESS.] 
 17.24     Before the date of the section 14.22 notice, the agency 
 17.25  shall prepare a statement of need and reasonableness which shall 
 17.26  be available to the public.  The statement of need and 
 17.27  reasonableness must include the analysis required in section 
 17.28  14.131 and the comments and recommendations of the commissioner 
 17.29  of finance, and must address any fiscal and policy concerns 
 17.30  raised during the review process, as required by section 
 17.31  16A.1285.  The statement must also describe the agency's efforts 
 17.32  to provide additional notification to persons or classes of 
 17.33  persons who may be affected by the proposed rules or must 
 17.34  explain why these efforts were not made.  For at least 30 days 
 17.35  following the notice, the agency shall afford all interested 
 17.36  persons the public an opportunity to request a public hearing 
 18.1   and to submit data and views on the proposed rule in writing. 
 18.2      The agency shall send a copy of the statement of need and 
 18.3   reasonableness to the legislative commission to review 
 18.4   administrative rules when it becomes available to the public. 
 18.5      Sec. 22.  Minnesota Statutes 1994, section 14.24, is 
 18.6   amended to read: 
 18.7      14.24 [MODIFICATIONS OF PROPOSED RULE.] 
 18.8      The proposed rule may be modified if the modifications are 
 18.9   supported by the data and views submitted to the agency and do 
 18.10  not result in a substantial change substantially different rule, 
 18.11  as determined under section 14.05, subdivision 2, from the rule 
 18.12  as originally proposed.  An agency may adopt a substantially 
 18.13  different rule after satisfying the rule requirements for the 
 18.14  adoption of a substantially different rule. 
 18.15     Sec. 23.  Minnesota Statutes 1994, section 14.25, is 
 18.16  amended to read: 
 18.17     14.25 [PUBLIC HEARING REQUIRED.] 
 18.18     Subdivision 1.  [REQUESTS FOR HEARING.] If, during the 
 18.19  30-day period allowed for comment, 25 or more persons submit to 
 18.20  the agency a written request for a public hearing of the 
 18.21  proposed rule, the agency shall proceed under the provisions of 
 18.22  sections 14.14 to 14.20.  The written request must include:  (1) 
 18.23  the name and address of the person requesting the public 
 18.24  hearing; and (2) the portion or portions of the rule to which 
 18.25  the person objects or a statement that the person opposes the 
 18.26  entire rule.  A notice of the public hearing must be published 
 18.27  in the State Register and mailed to those persons who submitted 
 18.28  a written request for the public hearing.  Unless the agency has 
 18.29  modified the proposed rule, the notice need not include the text 
 18.30  of the proposed rule but only a citation to the State Register 
 18.31  pages where the text appears. 
 18.32     A written request for a public hearing that does not comply 
 18.33  with the requirements of this section is invalid and must not be 
 18.34  counted by the agency for purposes of determining whether a 
 18.35  public hearing must be held. 
 18.36     Subd. 2.  [WITHDRAWAL OF HEARING REQUESTS.] If a request 
 19.1   for a public hearing has been withdrawn, the agency must give 
 19.2   written notice of that fact to all persons who have requested 
 19.3   the public hearing.  The notice must explain why the request is 
 19.4   being withdrawn, and must include a description of any action 
 19.5   the agency has taken or will take that affected or may have 
 19.6   affected the decision to withdraw the request.  The notice must 
 19.7   also invite persons to submit written comments to the agency 
 19.8   relating to the withdrawal.  The notice and any written comments 
 19.9   received by the agency is part of the rulemaking record 
 19.10  submitted to the administrative law judge under section 14.14 or 
 19.11  14.26.  The administrative law judge shall review the notice and 
 19.12  any comments received and determine whether the withdrawal is 
 19.13  consistent with section 14.001, clauses (2), (4), and (5). 
 19.14     This subdivision applies only to a withdrawal of a hearing 
 19.15  request that affects whether a public hearing must be held and 
 19.16  only if the agency has taken any action to obtain the withdrawal 
 19.17  of the hearing request. 
 19.18     Sec. 24.  Minnesota Statutes 1994, section 14.26, is 
 19.19  amended to read: 
 19.20     14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY 
 19.21  GENERAL ADMINISTRATIVE LAW JUDGE.] 
 19.22     Subdivision 1.  [SUBMISSION.] If no hearing is required, 
 19.23  the agency shall submit to the attorney general an 
 19.24  administrative law judge assigned by the chief administrative 
 19.25  law judge the proposed rule and notice as published, the rule as 
 19.26  proposed for adoption, any written comments received by the 
 19.27  agency, and a statement of need and reasonableness for the 
 19.28  rule.  The agency shall give notice to all persons who requested 
 19.29  to be informed that these materials have been submitted to 
 19.30  the attorney general administrative law judge.  This notice 
 19.31  shall be given on the same day that the record is submitted.  If 
 19.32  the proposed rule has been modified, the notice shall state that 
 19.33  fact, and shall state that a free copy of the proposed rule, as 
 19.34  modified, is available upon request from the agency.  The rule 
 19.35  and these materials shall be submitted to the attorney general 
 19.36  administrative law judge within 180 days of the day that the 
 20.1   comment period for the rule is over or the rule is automatically 
 20.2   withdrawn.  The agency shall report its failure to adopt the 
 20.3   rules and the reasons for that failure to the legislative 
 20.4   commission to review administrative rules, other appropriate 
 20.5   legislative committees, and the governor.  
 20.6      Subd. 2.  [RESUBMISSION.] Even if the 180-day period 
 20.7   expires while the attorney general administrative law judge 
 20.8   reviews the rule, if the attorney general administrative law 
 20.9   judge rejects the rule, the agency may resubmit it after taking 
 20.10  corrective action.  The resubmission must occur within 30 days 
 20.11  of when the agency receives written notice of the disapproval.  
 20.12  If the rule is again disapproved, the rule is withdrawn.  An 
 20.13  agency may resubmit at any time before the expiration of the 
 20.14  180-day period.  If the agency withholds some of the proposed 
 20.15  rule, it may not adopt the withheld portion without again 
 20.16  following the procedures of sections 14.14 to 14.28, or 14.29 to 
 20.17  14.36.  
 20.18     Subd. 3.  [REVIEW.] (a) The attorney general administrative 
 20.19  law judge shall, within 14 days, approve or disapprove the rule 
 20.20  as to its legality and its form to the extent the form relates 
 20.21  to legality, including the issue issues of substantial change 
 20.22  whether the rule if modified is substantially different, as 
 20.23  determined under section 14.05, subdivision 2, from the rule as 
 20.24  originally proposed, and determine whether the agency has the 
 20.25  authority to adopt the rule, and whether the record demonstrates 
 20.26  a rational basis for the need for and reasonableness of the 
 20.27  proposed rule within 14 days.  If the rule is approved, 
 20.28  the attorney general administrative law judge shall promptly 
 20.29  file two copies of it in the office of the secretary of state.  
 20.30  The secretary of state shall forward one copy of each rule to 
 20.31  the revisor of statutes.  If the rule is disapproved, 
 20.32  the attorney general administrative law judge shall state in 
 20.33  writing the reasons and make recommendations to overcome 
 20.34  the deficiencies, and defects.  
 20.35     (b) The written disapproval must be submitted to the chief 
 20.36  administrative law judge for approval.  If the chief 
 21.1   administrative law judge approves of the findings of the 
 21.2   administrative law judge, the chief administrative law judge 
 21.3   shall send the statement of the reasons for disapproval of the 
 21.4   rule to the agency, the legislative commission to review 
 21.5   administrative rules, and the revisor of statutes and advise the 
 21.6   agency and the revisor of statutes of actions that will correct 
 21.7   the defects.  The rule shall not be filed in the office of the 
 21.8   secretary of state, nor published until the deficiencies chief 
 21.9   administrative law judge determines that the defects have 
 21.10  been overcome corrected or, if applicable, that the agency has 
 21.11  satisfied the rule requirements for the adoption of a 
 21.12  substantially different rule.  The attorney general shall send a 
 21.13  statement of reasons for disapproval of the rule to the agency, 
 21.14  the chief administrative law judge, the legislative commission 
 21.15  to review administrative rules, and to the revisor of statutes. 
 21.16     (c) If the chief administrative law judge determines that 
 21.17  the need for or reasonableness of the rule has not been 
 21.18  established, and if the agency does not elect to follow the 
 21.19  suggested actions of the chief administrative law judge to 
 21.20  correct that defect, then the agency shall submit the proposed 
 21.21  rule to the legislative commission to review administrative 
 21.22  rules for the commission's advice and comment.  The agency shall 
 21.23  not adopt the rule until it has received and considered the 
 21.24  advice of the commission.  However, the agency is not required 
 21.25  to wait for the commission's advice for more than 60 days after 
 21.26  the commission has received the agency's submission.  
 21.27     (d) The attorney general administrative law judge shall 
 21.28  disregard any error or defect in the proceeding due to the 
 21.29  agency's failure to satisfy any procedural requirements imposed 
 21.30  by law or rule if the attorney general administrative law judge 
 21.31  finds: 
 21.32     (1) that the failure did not deprive any person or entity 
 21.33  of an opportunity to participate meaningfully in the rulemaking 
 21.34  process; or 
 21.35     (2) that the agency has taken corrective action to cure the 
 21.36  error or defect so that the failure did not deprive any person 
 22.1   or entity of an opportunity to participate meaningfully in the 
 22.2   rulemaking process. 
 22.3      Subd. 4.  [COSTS.] The attorney general office of 
 22.4   administrative hearings shall assess an agency for the actual 
 22.5   cost of processing rules under this section.  The agency shall 
 22.6   pay the attorney general's assessments using the procedures of 
 22.7   section 8.15.  Each agency shall include in its budget money to 
 22.8   pay the attorney general's assessment.  Receipts from the 
 22.9   assessment must be deposited in the state treasury and credited 
 22.10  to the general fund administrative hearings account created in 
 22.11  section 14.54. 
 22.12     Sec. 25.  Minnesota Statutes 1994, section 14.365, is 
 22.13  amended to read: 
 22.14     14.365 [OFFICIAL RULEMAKING RECORD.] 
 22.15     The agency shall maintain the official rulemaking record 
 22.16  for every rule adopted pursuant to sections 14.05 to 14.36 14.28.
 22.17  The record shall be available for public inspection.  The record 
 22.18  required by this section constitutes the official and exclusive 
 22.19  agency rulemaking record with respect to agency action on or 
 22.20  judicial review of the rule.  The record shall contain:  
 22.21     (1) copies of all publications in the State Register 
 22.22  pertaining to the rule; 
 22.23     (2) all written petitions, requests, submissions, or 
 22.24  comments received by the agency, or the administrative law 
 22.25  judge, or the attorney general pertaining to the rule; 
 22.26     (3) the statement of need and reasonableness for the rule, 
 22.27  if any; 
 22.28     (4) the official transcript of the hearing if one was held, 
 22.29  or the tape recording of the hearing if a transcript was not 
 22.30  prepared; 
 22.31     (5) the report of the administrative law judge, if any; 
 22.32     (6) the rule in the form last submitted to the 
 22.33  administrative law judge under sections 14.14 to 14.20 or first 
 22.34  submitted to the attorney general administrative law judge under 
 22.35  sections 14.22 to 14.28; 
 22.36     (7) the attorney general's administrative law judge's 
 23.1   written statement of required modifications and of approval or 
 23.2   disapproval by the chief administrative law judge, if any; 
 23.3      (8) any documents required by applicable rules of the 
 23.4   office of administrative hearings or of the attorney general; 
 23.5      (9) the agency's order adopting the rule; 
 23.6      (10) the revisor's certificate approving the form of the 
 23.7   rule; and 
 23.8      (11) a copy of the adopted rule as filed with the secretary 
 23.9   of state.  
 23.10     Sec. 26.  [14.366] [PUBLIC RULEMAKING DOCKET.] 
 23.11     (a) Each agency shall maintain a current, public rulemaking 
 23.12  docket.  
 23.13     (b) The rulemaking docket must contain a listing of the 
 23.14  precise subject matter of each possible proposed rule currently 
 23.15  under active consideration within the agency for proposal, the 
 23.16  name and address of agency personnel with whom persons may 
 23.17  communicate with respect to the matter, and an indication of its 
 23.18  present status within the agency. 
 23.19     (c) The rulemaking docket must list each pending rulemaking 
 23.20  proceeding.  A rulemaking proceeding is pending from the time it 
 23.21  is begun, by publication of the notice of solicitation, the 
 23.22  notice of intent to adopt, or notice of hearing, to the time it 
 23.23  is terminated, by publication of a notice of withdrawal or the 
 23.24  rule becoming effective.  For each rulemaking proceeding, the 
 23.25  docket must indicate:  
 23.26     (1) the subject matter of the proposed rule; 
 23.27     (2) a citation to all published notices relating to the 
 23.28  proceeding; 
 23.29     (3) where written comments on the proposed rule may be 
 23.30  inspected; 
 23.31     (4) the time during which written comments may be made; 
 23.32     (5) the names of persons who have made written requests for 
 23.33  a public hearing, where those requests may be inspected, and 
 23.34  where and when the hearing will be held; 
 23.35     (6) the current status of the proposed rule and any agency 
 23.36  determinations with respect to the rule; 
 24.1      (7) any known timetable for agency decisions or other 
 24.2   action in the proceeding; 
 24.3      (8) the date of the rule's adoption; 
 24.4      (9) the date the rule was filed with the secretary of 
 24.5   state; and 
 24.6      (10) when the rule will become effective.  
 24.7      Sec. 27.  [14.386] [PROCEDURE FOR ADOPTING EXEMPT RULES; 
 24.8   DURATION.] 
 24.9      (a) A rule adopted, amended, or repealed by an agency, 
 24.10  under a statute authorizing or requiring rules to be adopted but 
 24.11  excluded from the rulemaking provisions of chapter 14 or from 
 24.12  the definition of a rule, has the force and effect of law only 
 24.13  if: 
 24.14     (1) the revisor of statutes approves the form of the rule 
 24.15  by certificate; 
 24.16     (2) the office of administrative hearings approves the rule 
 24.17  as to its legality within 14 days after the agency submits it 
 24.18  for approval and files two copies of the rule with the revisor's 
 24.19  certificate in the office of the secretary of state; and 
 24.20     (3) a copy is published by the agency in the State Register.
 24.21     (b) A rule adopted under this section is effective for a 
 24.22  period of two years from the date of publication of the rule in 
 24.23  the State Register.  The authority for the rule expires at the 
 24.24  end of this two-year period. 
 24.25     (c) The chief administrative law judge shall adopt rules 
 24.26  relating to the rule approval duties imposed by this section and 
 24.27  section 14.388, including rules establishing standards for 
 24.28  review. 
 24.29     (d) This section does not apply to rules adopted, amended, 
 24.30  or repealed under section 14.388. 
 24.31     This section also does not apply to: 
 24.32     (1) rules implementing emergency powers pursuant to 
 24.33  sections 12.31 to 12.37; 
 24.34     (2) rules of agencies directly in the legislative or 
 24.35  judicial branches; 
 24.36     (3) rules of the regents of the University of Minnesota; 
 25.1      (4) rules of the department of military affairs; 
 25.2      (5) rules of the comprehensive health association provided 
 25.3   in section 62E.10; 
 25.4      (6) rules of the tax court provided by section 271.06; 
 25.5      (7) rules concerning only the internal management of the 
 25.6   agency or other agencies, and which do not directly affect the 
 25.7   rights of or procedure available to the public; 
 25.8      (8) rules of the commissioner of corrections relating to 
 25.9   the placement and supervision of inmates serving a supervised 
 25.10  release term, the internal management of institutions under the 
 25.11  commissioner's control, and rules adopted under section 609.105 
 25.12  governing the inmates of those institutions; 
 25.13     (9) rules relating to weight limitations on the use of 
 25.14  highways when the substance of the rules is indicated to the 
 25.15  public by means of signs; 
 25.16     (10) opinions of the attorney general; 
 25.17     (11) the systems architecture plan and long-range plan of 
 25.18  the state education management information system provided by 
 25.19  section 121.931; 
 25.20     (12) the data element dictionary and the annual data 
 25.21  acquisition calendar of the department of education to the 
 25.22  extent provided by section 121.932; 
 25.23     (13) the occupational safety and health standards provided 
 25.24  in section 182.655; 
 25.25     (14) revenue notices and tax information bulletins of the 
 25.26  commissioner of revenue; 
 25.27     (15) uniform conveyancing forms adopted by the commissioner 
 25.28  of commerce under section 507.09; 
 25.29     (16) game and fish rules of the commissioner of natural 
 25.30  resources adopted under section 84.027, subdivision 13, or 
 25.31  sections 97A.0451 to 97A.0459; or 
 25.32     (17) experimental and special management waters designated 
 25.33  by the commissioner of natural resources under sections 97C.001 
 25.34  and 97C.005. 
 25.35     Sec. 28.  [14.387] [LEGAL STATUS OF EXISTING EXEMPT RULES.] 
 25.36     A rule adopted on or before the day following final 
 26.1   enactment of this section, and which was not adopted under 
 26.2   sections 14.05 to 14.36 or their predecessor provisions, does 
 26.3   not have the force and effect of law on and after July 1, 1997, 
 26.4   and the authority for the rule expires on that date.  
 26.5      This section does not apply to: 
 26.6      (1) rules implementing emergency powers under sections 
 26.7   12.31 to 12.37; 
 26.8      (2) rules of agencies directly in the legislative or 
 26.9   judicial branches; 
 26.10     (3) rules of the regents of the University of Minnesota; 
 26.11     (4) rules of the department of military affairs; 
 26.12     (5) rules of the comprehensive health association provided 
 26.13  in section 62E.10; 
 26.14     (6) rules of the tax court provided by section 271.06; 
 26.15     (7) rules concerning only the internal management of the 
 26.16  agency or other agencies, and which do not directly affect the 
 26.17  rights of or procedure available to the public; 
 26.18     (8) rules of the commissioner of corrections relating to 
 26.19  the placement and supervision of inmates serving a supervised 
 26.20  release term, the internal management of institutions under the 
 26.21  commissioner's control, and rules adopted under section 609.105 
 26.22  governing the inmates of those institutions; 
 26.23     (9) rules relating to weight limitations on the use of 
 26.24  highways when the substance of the rules is indicated to the 
 26.25  public by means of signs; 
 26.26     (10) opinions of the attorney general; 
 26.27     (11) the systems architecture plan and long-range plan of 
 26.28  the state education management information system provided by 
 26.29  section 121.931; 
 26.30     (12) the data element dictionary and the annual data 
 26.31  acquisition calendar of the department of education to the 
 26.32  extent provided by section 121.932; 
 26.33     (13) the occupational safety and health standards provided 
 26.34  in section 182.655; 
 26.35     (14) revenue notices and tax information bulletins of the 
 26.36  commissioner of revenue; 
 27.1      (15) uniform conveyancing forms adopted by the commissioner 
 27.2   of commerce under section 507.09; 
 27.3      (16) game and fish rules of the commissioner of natural 
 27.4   resources adopted under section 84.027, subdivision 13, or 
 27.5   sections 97A.0451 to 97A.0459; or 
 27.6      (17) experimental and special management waters designated 
 27.7   by the commissioner of natural resources under sections 97C.001 
 27.8   and 97C.005. 
 27.9      Sec. 29.  [14.388] [GOOD CAUSE EXEMPTION.] 
 27.10     If an agency for good cause finds that the rulemaking 
 27.11  provisions of this chapter are unnecessary, impracticable, or 
 27.12  contrary to the public interest when adopting, amending, or 
 27.13  repealing a rule to: 
 27.14     (1) address a serious and immediate threat to the public 
 27.15  health, safety, or welfare; 
 27.16     (2) comply with a court order or a requirement in federal 
 27.17  law in a manner that does not allow for compliance with sections 
 27.18  14.14 to 14.28; 
 27.19     (3) incorporate specific changes set forth in applicable 
 27.20  statutes when no interpretation of law is required; or 
 27.21     (4) make changes that do not alter the sense, meaning, or 
 27.22  effect of a rule, 
 27.23  the agency may adopt, amend, or repeal the rule after satisfying 
 27.24  the requirements of section 14.386, paragraph (a), clauses (1) 
 27.25  to (3).  The agency shall incorporate its findings and a brief 
 27.26  statement of its supporting reasons in its order adopting, 
 27.27  amending, or repealing the rule. 
 27.28     In review of the rule under section 14.386, the office of 
 27.29  administrative hearings shall determine whether the agency has 
 27.30  provided adequate justification for its use of this section. 
 27.31     Rules adopted, amended, or repealed under clauses (1) and 
 27.32  (2) are effective for a period of two years from the date of 
 27.33  publication of the rule in the State Register. 
 27.34     Rules adopted, amended, or repealed under clause (3) or (4) 
 27.35  are effective upon publication in the State Register. 
 27.36     Sec. 30.  Minnesota Statutes 1994, section 14.48, is 
 28.1   amended to read: 
 28.2      14.48 [CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS; CHIEF 
 28.3   ADMINISTRATIVE LAW JUDGE APPOINTED; OTHER ADMINISTRATIVE LAW 
 28.4   JUDGES APPOINTED.] 
 28.5      A state office of administrative hearings is created.  The 
 28.6   office shall be under the direction of a chief administrative 
 28.7   law judge who shall be learned in the law and appointed by the 
 28.8   governor, with the advice and consent of the senate, for a term 
 28.9   ending on June 30 of the sixth calendar year after appointment.  
 28.10  Senate confirmation of the chief administrative law judge shall 
 28.11  be as provided by section 15.066.  The chief administrative law 
 28.12  judge may hear cases and shall appoint additional administrative 
 28.13  law judges and compensation judges to serve in the office as 
 28.14  necessary to fulfill the duties prescribed in sections 14.48 to 
 28.15  14.56 chapters 14 and chapter 176.  The chief administrative law 
 28.16  judge may delegate to a subordinate employee the exercise of a 
 28.17  specified statutory power or duty as deemed advisable, subject 
 28.18  to the control of the chief administrative law judge.  Every 
 28.19  delegation must be by written order filed with the secretary of 
 28.20  state.  All administrative law judges and compensation judges 
 28.21  shall be in the classified service except that the chief 
 28.22  administrative law judge shall be in the unclassified service, 
 28.23  but may be removed only for cause.  All administrative law 
 28.24  judges shall have demonstrated knowledge of administrative 
 28.25  procedures and shall be free of any political or economic 
 28.26  association that would impair their ability to function 
 28.27  officially in a fair and objective manner.  All workers' 
 28.28  compensation judges shall be learned in the law, shall have 
 28.29  demonstrated knowledge of workers' compensation laws and shall 
 28.30  be free of any political or economic association that would 
 28.31  impair their ability to function officially in a fair and 
 28.32  objective manner. 
 28.33     Sec. 31.  Minnesota Statutes 1994, section 14.51, is 
 28.34  amended to read: 
 28.35     14.51 [PROCEDURAL RULES FOR HEARINGS.] 
 28.36     The chief administrative law judge shall adopt rules to 
 29.1   govern:  (1) the procedural conduct of all hearings, relating to 
 29.2   both rule adoption, amendment, suspension or repeal hearings, 
 29.3   contested case hearings, and workers' compensation hearings, and 
 29.4   to govern the conduct of voluntary mediation sessions for 
 29.5   rulemaking and contested cases other than those within the 
 29.6   jurisdiction of the bureau of mediation services.  Temporary 
 29.7   rulemaking authority is granted to the chief administrative law 
 29.8   judge for the purpose of implementing Laws 1981, chapter 346, 
 29.9   sections 2 to 6, 103 to 122, 127 to 135, and 141; and (2) the 
 29.10  review of rules adopted without a public hearing.  The 
 29.11  procedural rules for hearings shall be binding upon all agencies 
 29.12  and shall supersede any other agency procedural rules with which 
 29.13  they may be in conflict.  The procedural rules for hearings 
 29.14  shall include in addition to normal procedural matters 
 29.15  provisions relating to recessing and reconvening new 
 29.16  hearings the procedure to be followed when the proposed final 
 29.17  rule of an agency is substantially different, as determined 
 29.18  under section 14.05, subdivision 2, from that which was proposed 
 29.19  at the public hearing.  The procedural rules shall establish a 
 29.20  procedure whereby the proposed final rule of an agency shall be 
 29.21  reviewed by the chief administrative law judge to determine 
 29.22  whether or not a new hearing is required because on the issue of 
 29.23  substantial changes whether the proposed final rule of the 
 29.24  agency is substantially different than that which was proposed 
 29.25  or failure of the agency to meet the requirements of sections 
 29.26  14.131 to 14.18 chapter 14.  The rules must also provide:  (1) 
 29.27  an expedited procedure, consistent with section 14.001, clauses 
 29.28  (1) to (5), for the adoption of substantially different rules by 
 29.29  agencies; and (2) a procedure to allow an agency to receive 
 29.30  prior binding approval of its plan regarding the additional 
 29.31  notice contemplated under sections 14.101, 14.131, 14.14, 14.22, 
 29.32  and 14.23.  Upon the chief administrative law judge's own 
 29.33  initiative or upon written request of an interested party, the 
 29.34  chief administrative law judge may issue a subpoena for the 
 29.35  attendance of a witness or the production of books, papers, 
 29.36  records or other documents as are material to the matter being 
 30.1   heard.  The subpoenas shall be enforceable through the district 
 30.2   court in the district in which the subpoena is issued. 
 30.3      Sec. 32.  Minnesota Statutes 1994, section 16A.1285, 
 30.4   subdivision 2, is amended to read: 
 30.5      Subd. 2.  [POLICY.] Unless otherwise provided by law, 
 30.6   specific charges falling within definitions stipulated in 
 30.7   subdivision 1 must be set in the manner prescribed in this 
 30.8   subdivision provided that:  (1) agencies, when setting, 
 30.9   adjusting, or authorizing any charge for goods or services that 
 30.10  are of direct, immediate, and primary benefit to an individual, 
 30.11  business, or other nonstate entity, shall set the charges at a 
 30.12  level that neither significantly over recovers nor under 
 30.13  recovers costs, including overhead costs, involved in providing 
 30.14  the services; or (2) that agencies, when setting, adjusting, or 
 30.15  establishing regulatory, licensure, or other charges that are 
 30.16  levied, in whole or in part, in the public interest shall 
 30.17  recover, but are not limited to, the costs involved in 
 30.18  performance and administration of the functions involved. 
 30.19     In setting, adjusting, or authorizing charges that in whole 
 30.20  or in part recover previously unrecovered costs, recovery is 
 30.21  limited to those unrecovered costs incurred during the two 
 30.22  fiscal years immediately preceding the setting, adjustment, or 
 30.23  authorization. 
 30.24     Sec. 33.  Minnesota Statutes 1994, section 16A.1285, 
 30.25  subdivision 4, is amended to read: 
 30.26     Subd. 4.  [RULEMAKING.] (a) Unless otherwise exempted or 
 30.27  unless specifically set by law, all charges for goods and 
 30.28  services, licenses, and regulation must be established or 
 30.29  adjusted as provided in chapter 14; except that agencies may 
 30.30  establish or adjust individual the following kinds of charges 
 30.31  when:  
 30.32     (1) charges for goods and services are provided for the 
 30.33  direct and primary use of a private individual, business, or 
 30.34  other similar entity; 
 30.35     (2) charges are nonrecurring charges; 
 30.36     (3) charges that would produce insignificant revenues; 
 31.1      (4) charges are billed within or between state agencies; or 
 31.2      (5) charges are for admissions to or for use of public 
 31.3   facilities operated by the state, if the charges are set 
 31.4   according to prevailing market conditions to recover operating 
 31.5   costs. 
 31.6      (b) In addition to the exceptions in paragraph (a), 
 31.7   agencies may adjust charges, with the approval of the 
 31.8   commissioner of finance, if the; or 
 31.9      (6) proposed adjustments to charges that are within 
 31.10  consumer price level (CPI) ranges stipulated by the commissioner 
 31.11  of finance, if the adjustments and do not change the type or 
 31.12  purpose of the item being adjusted. 
 31.13     (c) Any (b) Departmental earnings changes or adjustments 
 31.14  authorized by the commissioner of finance or listed in paragraph 
 31.15  (a), clause (1), (5), or (6), must be reported by the 
 31.16  commissioner of finance to the chairs of the senate committee on 
 31.17  finance and the house ways and means committee before August 1 
 31.18  November 30 of each year. 
 31.19     Sec. 34.  Minnesota Statutes 1994, section 16A.1285, 
 31.20  subdivision 5, is amended to read: 
 31.21     Subd. 5.  [PROCEDURE.] The commissioner of finance shall 
 31.22  review and comment on all departmental charges submitted for 
 31.23  approval under chapter 14.  The commissioner's comments and 
 31.24  recommendations must be included in the statement of need and 
 31.25  reasonableness and must address any fiscal and policy concerns 
 31.26  raised during the review process. 
 31.27     Sec. 35.  Minnesota Statutes 1994, section 17.84, is 
 31.28  amended to read: 
 31.29     17.84 [DUTIES OF THE COMMISSIONER.] 
 31.30     Within 30 days of the receipt of the notices notice 
 31.31  provided in section 17.82 or 17.83, the commissioner shall 
 31.32  review the agency's proposed action, shall negotiate with the 
 31.33  agency, and shall recommend to the agency in writing the 
 31.34  implementation either of the action as proposed or an 
 31.35  alternative.  In making recommendations, the commissioner shall 
 31.36  follow the statement of policy contained in section 17.80.  If 
 32.1   the proposed agency action is the adoption of a rule, the 
 32.2   recommendation of the commissioner shall be made a part of the 
 32.3   record in the rule hearing.  If the agency receives no response 
 32.4   from the commissioner within 30 days, it shall be deemed a 
 32.5   recommendation that the agency take the action as proposed.  
 32.6      Sec. 36.  Minnesota Statutes 1994, section 18E.03, 
 32.7   subdivision 3, is amended to read: 
 32.8      Subd. 3.  [DETERMINATION OF RESPONSE AND REIMBURSEMENT 
 32.9   FEE.] (a) The commissioner shall determine the amount of the 
 32.10  response and reimbursement fee under subdivision 4 after a 
 32.11  public hearing, but notwithstanding section 16A.128, based on: 
 32.12     (1) the amount needed to maintain an unencumbered balance 
 32.13  in the account of $1,000,000; 
 32.14     (2) the amount estimated to be needed for responses to 
 32.15  incidents as provided in subdivision 2, clauses (1) and (2); and 
 32.16     (3) the amount needed for payment and reimbursement under 
 32.17  section 18E.04. 
 32.18     (b) The commissioner shall determine the response and 
 32.19  reimbursement fee so that the total balance in the account does 
 32.20  not exceed $5,000,000.  
 32.21     (c) Money from the response and reimbursement fee shall be 
 32.22  deposited in the treasury and credited to the agricultural 
 32.23  chemical response and reimbursement account. 
 32.24     Sec. 37.  Minnesota Statutes 1994, section 43A.04, is 
 32.25  amended by adding a subdivision to read: 
 32.26     Subd. 11.  [TRAINING FOR AGENCY RULEMAKING STAFF.] The 
 32.27  commissioner, in cooperation with the office of administrative 
 32.28  hearings, the attorney general, the revisor of statutes, and 
 32.29  experienced agency rulemaking staff, shall provide training to 
 32.30  agency staff involved in rulemaking, including information about 
 32.31  the availability of mediators through the office of 
 32.32  administrative hearings. 
 32.33     The commissioner may charge agency staff a registration fee 
 32.34  for attending this training.  The fee must be set at a level 
 32.35  that permits the commissioner to recover the costs, excluding 
 32.36  costs of staff time for staff positions funded through general 
 33.1   fund appropriations, of providing this training. 
 33.2      The office of administrative hearings, the attorney 
 33.3   general, agencies involved in providing this training, and the 
 33.4   revisor of statutes shall not assess the commissioner for the 
 33.5   cost of staff time to conduct the training provided under this 
 33.6   subdivision. 
 33.7      Sec. 38.  Minnesota Statutes 1994, section 62N.05, is 
 33.8   amended by adding a subdivision to read: 
 33.9      Subd. 4.  [RECOVERY OF COSTS.] The provisions of section 
 33.10  16A.1285, subdivision 2, limiting recovery of costs to the two 
 33.11  fiscal years immediately preceding the setting, adjustment, or 
 33.12  authorization of fees do not apply to fees charged to entities 
 33.13  licensed under this chapter.  This subdivision expires June 30, 
 33.14  1999. 
 33.15     Sec. 39.  Minnesota Statutes 1994, section 84.027, is 
 33.16  amended by adding a subdivision to read: 
 33.17     Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
 33.18  natural resources may adopt rules under sections 97A.0451 to 
 33.19  97A.0459 and this subdivision that are authorized under: 
 33.20     (1) chapters 97A, 97B, and 97C to set open seasons and 
 33.21  areas, to close seasons and areas, to select hunters for areas, 
 33.22  to provide for tagging and registration of game, to prohibit or 
 33.23  allow taking of wild animals to protect a species, and to 
 33.24  prohibit or allow importation, transportation, or possession of 
 33.25  a wild animal; and 
 33.26     (2) sections 84.093, 84.14, 84.15, and 84.152 to set 
 33.27  seasons for harvesting wild ginseng roots and wild rice and to 
 33.28  restrict or prohibit harvesting in designated areas. 
 33.29     Clause (2) does not limit or supersede the commissioner's 
 33.30  authority to establish opening dates, days, and hours of the 
 33.31  wild rice harvesting season under section 84.14, subdivision 3. 
 33.32     (b) If conditions exist that do not allow the commissioner 
 33.33  to comply with sections 97A.0451 to 97A.0459, the commissioner 
 33.34  may adopt a rule under this subdivision by submitting the rule 
 33.35  to the attorney general for review under section 97A.0455, 
 33.36  publishing a notice in the State Register and filing the rule 
 34.1   with the secretary of state and the legislative commission to 
 34.2   review administrative rules, and complying with section 
 34.3   97A.0459, and including a statement of the emergency conditions 
 34.4   and a copy of the rule in the notice.  The notice may be 
 34.5   published after it is received from the attorney general or five 
 34.6   business days after it is submitted to the attorney general, 
 34.7   whichever is earlier. 
 34.8      (c) Rules adopted under paragraph (b) are effective upon 
 34.9   publishing in the State Register and may be effective up to 
 34.10  seven days before publishing and filing under paragraph (b), if: 
 34.11     (1) the commissioner of natural resources determines that 
 34.12  an emergency exists; 
 34.13     (2) the attorney general approves the rule; and 
 34.14     (3) for a rule that affects more than three counties the 
 34.15  commissioner publishes the rule once in a legal newspaper 
 34.16  published in Minneapolis, St. Paul, and Duluth, or for a rule 
 34.17  that affects three or fewer counties the commissioner publishes 
 34.18  the rule once in a legal newspaper in each of the affected 
 34.19  counties. 
 34.20     (d) Except as provided in paragraph (e), a rule published 
 34.21  under paragraph (c), clause (3), may not be effective earlier 
 34.22  than seven days after publication. 
 34.23     (e) A rule published under paragraph (c), clause (3), may 
 34.24  be effective the day the rule is published if the commissioner 
 34.25  gives notice and holds a public hearing on the rule within 15 
 34.26  days before publication. 
 34.27     (f) The commissioner shall attempt to notify persons or 
 34.28  groups of persons affected by rules adopted under paragraphs (b) 
 34.29  and (c) by public announcements, posting, and other appropriate 
 34.30  means as determined by the commissioner. 
 34.31     (g) Notwithstanding section 97A.0458, a rule adopted under 
 34.32  this subdivision is effective for the period stated in the 
 34.33  notice but not longer than 18 months after the rule is adopted. 
 34.34     Sec. 40.  [97A.0451] [AUTHORITY FOR USE OF EMERGENCY RULES 
 34.35  PROCEDURE; EXPIRATION OF AUTHORITY.] 
 34.36     Subdivision 1.  [WHEN TO USE EMERGENCY RULEMAKING.] When 
 35.1   the commissioner is directed by statute, federal law, or court 
 35.2   order to adopt, amend, suspend, or repeal a rule in a manner 
 35.3   that does not allow for compliance with sections 14.14 to 14.28, 
 35.4   or if the commissioner is expressly required or authorized by 
 35.5   statute to adopt emergency rules, the commissioner shall adopt 
 35.6   emergency rules in accordance with sections 97A.0451 to 97A.0459.
 35.7      Subd. 2.  [180-DAY TIME LIMIT.] Unless the commissioner is 
 35.8   directed by federal law or court order to adopt, amend, suspend, 
 35.9   or repeal a rule in a manner that does not allow for compliance 
 35.10  with sections 14.14 to 14.28, the commissioner may not adopt an 
 35.11  emergency rule later than 180 days after the effective date of 
 35.12  the statutory authority, except as provided in section 84.027, 
 35.13  subdivision 13.  If emergency rules are not adopted within the 
 35.14  time allowed, the authority for the rules expires.  The time 
 35.15  limit of this section does not include any days used for review 
 35.16  by the attorney general.  If the 180-day period expires while 
 35.17  the attorney general is reviewing the rule and the attorney 
 35.18  general disapproves the rule, the commissioner may resubmit the 
 35.19  rule to the attorney general after taking corrective action.  
 35.20  The resubmission must occur within five working days after the 
 35.21  commissioner receives written notice of disapproval.  If the 
 35.22  rule is again disapproved by the attorney general, it is 
 35.23  withdrawn.  
 35.24     Sec. 41.  [97A.0452] [NOTICE OF PROPOSED ADOPTION OF 
 35.25  EMERGENCY RULE.] 
 35.26     The proposed emergency rule must be published with a notice 
 35.27  of intent to adopt emergency rules in the State Register, and 
 35.28  the same notice must be mailed to all persons registered with 
 35.29  the commissioner to receive notice of any rulemaking 
 35.30  proceedings.  The notice must include a statement advising the 
 35.31  public that a free copy of the proposed rule is available on 
 35.32  request from the commissioner and that notice of the date of 
 35.33  submission of the proposed emergency rule to the attorney 
 35.34  general will be mailed to any person requesting to receive the 
 35.35  notice.  For at least 25 days after publication the commissioner 
 35.36  shall afford all interested persons an opportunity to submit 
 36.1   data and views on the proposed emergency rule in writing.  The 
 36.2   notice must also include the date on which the 25-day comment 
 36.3   period ends. 
 36.4      Sec. 42.  [97A.0453] [NOTICE TO COMMITTEES FOR FEES FIXED 
 36.5   BY RULE.] 
 36.6      Before the commissioner submits notice to the State 
 36.7   Register of intent to adopt emergency rules that establish or 
 36.8   adjust fees, the commissioner shall comply with section 16A.128, 
 36.9   subdivision 2a. 
 36.10     Sec. 43.  [97A.0454] [MODIFICATIONS OF PROPOSED EMERGENCY 
 36.11  RULE.] 
 36.12     The proposed emergency rule may be modified if the 
 36.13  modifications are supported by the data and views submitted to 
 36.14  the commissioner. 
 36.15     Sec. 44.  [97A.0455] [SUBMISSION OF PROPOSED EMERGENCY RULE 
 36.16  TO ATTORNEY GENERAL.] 
 36.17     Subdivision 1.  [SUBMISSION.] The commissioner shall submit 
 36.18  to the attorney general the proposed emergency rule as 
 36.19  published, with any modifications.  On the same day that it is 
 36.20  submitted, the commissioner shall mail notice of the submission 
 36.21  to all persons who requested to be informed that the proposed 
 36.22  emergency rule has been submitted to the attorney general.  If 
 36.23  the proposed emergency rule has been modified, the notice must 
 36.24  state that fact, and must state that a free copy of the proposed 
 36.25  emergency rule, as modified, is available upon request from the 
 36.26  commissioner. 
 36.27     Subd. 2.  [REVIEW.] The attorney general shall review the 
 36.28  proposed emergency rule as to its legality, review its form to 
 36.29  the extent the form relates to legality, and shall approve or 
 36.30  disapprove the proposed emergency rule and any modifications on 
 36.31  the tenth working day following the date of receipt of the 
 36.32  proposed emergency rule from the commissioner.  The attorney 
 36.33  general shall send a statement of reasons for disapproval of the 
 36.34  rule to the commissioner, the chief administrative law judge, 
 36.35  the legislative commission to review administrative rules, and 
 36.36  to the revisor of statutes. 
 37.1      The attorney general shall disregard any error or defect in 
 37.2   the proceeding due to the commissioner's failure to satisfy any 
 37.3   procedural requirement imposed by law or rule if the attorney 
 37.4   general finds: 
 37.5      (1) that the failure did not deprive any person or entity 
 37.6   of an opportunity to participate meaningfully in the rulemaking 
 37.7   process; or 
 37.8      (2) that the commissioner has taken corrective action to 
 37.9   cure the error or defect so that the failure did not deprive any 
 37.10  person or entity of an opportunity to participate meaningfully 
 37.11  in the rulemaking process. 
 37.12     Subd. 3.  [COSTS.] The attorney general shall assess the 
 37.13  commissioner for the actual cost of processing rules under this 
 37.14  section.  The commissioner shall include in the department's 
 37.15  budget money to pay the attorney general's assessment.  Receipts 
 37.16  from the assessment must be deposited in the state treasury and 
 37.17  credited to the general fund. 
 37.18     Sec. 45.  [97A.0456] [EFFECTIVE DATE OF EMERGENCY RULE.] 
 37.19     The emergency rule takes effect five working days after 
 37.20  approval by the attorney general.  The attorney general shall 
 37.21  file two copies of the approved emergency rule with the 
 37.22  secretary of state.  The secretary of state shall forward one 
 37.23  copy of each approved and filed emergency rule to the revisor of 
 37.24  statutes.  Failure of the attorney general to approve or 
 37.25  disapprove a proposed emergency rule within ten working days is 
 37.26  approval. 
 37.27     Sec. 46.  [97A.0457] [PUBLICATION OF APPROVAL.] 
 37.28     As soon as practicable, notice of the attorney general's 
 37.29  decision must be published in the State Register and the adopted 
 37.30  rule must be published in the manner as provided for adopted 
 37.31  rules in section 14.18. 
 37.32     Sec. 47.  [97A.0458] [EFFECTIVE PERIOD OF EMERGENCY RULE.] 
 37.33     Emergency rules adopted under sections 97A.0451 to 97A.0459 
 37.34  shall be effective for the period stated in the notice of intent 
 37.35  to adopt emergency rules which may not be longer than 180 days.  
 37.36  The emergency rules may be continued in effect for an additional 
 38.1   period of up to 180 days if the commissioner gives notice of 
 38.2   continuation by publishing notice in the State Register and 
 38.3   mailing the same notice to all persons registered with the 
 38.4   commissioner to receive notice of any rulemaking proceedings.  
 38.5   The continuation is not effective until these notices have been 
 38.6   mailed.  No emergency rule may remain in effect on a date 361 
 38.7   days after its original effective date.  The emergency rules may 
 38.8   not be continued in effect after 360 days without following the 
 38.9   procedure of sections 14.14 to 14.28. 
 38.10     Sec. 48.  [97A.0459] [APPROVAL OF FORM OF EMERGENCY RULE.] 
 38.11     No approved emergency rule shall be filed with the 
 38.12  secretary of state or published in the State Register unless the 
 38.13  revisor of statutes has certified that the emergency rule's form 
 38.14  is approved. 
 38.15     Sec. 49.  Minnesota Statutes 1994, section 116.07, 
 38.16  subdivision 4d, is amended to read: 
 38.17     Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
 38.18  fees in amounts not greater than those necessary to cover the 
 38.19  reasonable costs of reviewing and acting upon applications for 
 38.20  agency permits and implementing and enforcing the conditions of 
 38.21  the permits pursuant to agency rules.  Permit fees shall not 
 38.22  include the costs of litigation.  The agency shall adopt rules 
 38.23  under section 16A.128 establishing the amounts and methods of 
 38.24  collection of any permit fees collected under this subdivision.  
 38.25  The fee schedule must reflect reasonable and routine permitting, 
 38.26  implementation, and enforcement costs.  The agency may impose an 
 38.27  additional enforcement fee to be collected for a period of up to 
 38.28  two years to cover the reasonable costs of implementing and 
 38.29  enforcing the conditions of a permit under the rules of the 
 38.30  agency.  Any money collected under this paragraph shall be 
 38.31  deposited in the special revenue account. 
 38.32     (b) Notwithstanding paragraph (a), and section 16A.128, 
 38.33  subdivision 1, the agency shall collect an annual fee from the 
 38.34  owner or operator of all stationary sources, emission 
 38.35  facilities, emissions units, air contaminant treatment 
 38.36  facilities, treatment facilities, potential air contaminant 
 39.1   storage facilities, or storage facilities subject to the 
 39.2   requirement to obtain a permit under Title V of the federal 
 39.3   Clean Air Act Amendments of 1990, Public Law Number 101-549, 
 39.4   Statutes at Large, volume 104, pages 2399 et seq., or section 
 39.5   116.081.  The annual fee shall be used to pay for all direct and 
 39.6   indirect reasonable costs, including attorney general costs, 
 39.7   required to develop and administer the permit program 
 39.8   requirements of Title V of the federal Clean Air Act Amendments 
 39.9   of 1990, Public Law Number 101-549, Statutes at Large, volume 
 39.10  104, pages 2399 et seq., and sections of this chapter and the 
 39.11  rules adopted under this chapter related to air contamination 
 39.12  and noise.  Those costs include the reasonable costs of 
 39.13  reviewing and acting upon an application for a permit; 
 39.14  implementing and enforcing statutes, rules, and the terms and 
 39.15  conditions of a permit; emissions, ambient, and deposition 
 39.16  monitoring; preparing generally applicable regulations; 
 39.17  responding to federal guidance; modeling, analyses, and 
 39.18  demonstrations; preparing inventories and tracking emissions; 
 39.19  providing information to the public about these activities; and, 
 39.20  after June 30, 1992, the costs of acid deposition monitoring 
 39.21  currently assessed under section 116C.69, subdivision 3. 
 39.22     (c) The agency shall adopt fee rules in accordance with the 
 39.23  procedures in section 16A.128, subdivisions 1a and 2a, 16A.1285 
 39.24  that will result in the collection, in the aggregate, from the 
 39.25  sources listed in paragraph (b), of the following amounts: 
 39.26     (1) in fiscal years 1992 and 1993, the amount appropriated 
 39.27  by the legislature from the air quality account in the 
 39.28  environmental fund for the agency's air quality program; 
 39.29     (2) for fiscal year 1994 and thereafter, an amount not less 
 39.30  than $25 per ton of each volatile organic compound; pollutant 
 39.31  regulated under United States Code, title 42, section 7411 or 
 39.32  7412 (section 111 or 112 of the federal Clean Air Act); and each 
 39.33  pollutant, except carbon monoxide, for which a national primary 
 39.34  ambient air quality standard has been promulgated; and 
 39.35     (3) for fiscal year 1994 and thereafter, the agency fee 
 39.36  rules may also result in the collection, in the aggregate, from 
 40.1   the sources listed in paragraph (b), of an amount not less than 
 40.2   $25 per ton of each pollutant not listed in clause (2) that is 
 40.3   regulated under Minnesota Rules, chapter 7005, or for which a 
 40.4   state primary ambient air quality standard has been adopted.  
 40.5   The agency must not include in the calculation of the aggregate 
 40.6   amount to be collected under the fee rules any amount in excess 
 40.7   of 4,000 tons per year of each air pollutant from a source. 
 40.8      (d) To cover the reasonable costs described in paragraph 
 40.9   (b), the agency shall provide in the rules promulgated under 
 40.10  paragraph (c) for an increase in the fee collected in each year 
 40.11  beginning after fiscal year 1993 by the percentage, if any, by 
 40.12  which the Consumer Price Index for the most recent calendar year 
 40.13  ending before the beginning of the year the fee is collected 
 40.14  exceeds the Consumer Price Index for the calendar year 1989.  
 40.15  For purposes of this paragraph the Consumer Price Index for any 
 40.16  calendar year is the average of the Consumer Price Index for 
 40.17  all-urban consumers published by the United States Department of 
 40.18  Labor, as of the close of the 12-month period ending on August 
 40.19  31 of each calendar year.  The revision of the Consumer Price 
 40.20  Index that is most consistent with the Consumer Price Index for 
 40.21  calendar year 1989 shall be used. 
 40.22     (e) Any money collected under paragraphs (b) to (d) must be 
 40.23  deposited in an air quality account in the environmental fund 
 40.24  and must be used solely for the activities listed in paragraph 
 40.25  (b).  
 40.26     (f) Persons who wish to construct or expand an air emission 
 40.27  facility may offer to reimburse the agency for the costs of 
 40.28  staff overtime or consultant services needed to expedite permit 
 40.29  review.  The reimbursement shall be in addition to fees imposed 
 40.30  by paragraphs (a) to (d).  When the agency determines that it 
 40.31  needs additional resources to review the permit application in 
 40.32  an expedited manner, and that expediting the review would not 
 40.33  disrupt air permitting program priorities, the agency may accept 
 40.34  the reimbursement.  Reimbursements accepted by the agency are 
 40.35  appropriated to the agency for the purpose of reviewing the 
 40.36  permit application.  Reimbursement by a permit applicant shall 
 41.1   precede and not be contingent upon issuance of a permit and 
 41.2   shall not affect the agency's decision on whether to issue or 
 41.3   deny a permit, what conditions are included in a permit, or the 
 41.4   application of state and federal statutes and rules governing 
 41.5   permit determinations. 
 41.6      Sec. 50.  Minnesota Statutes 1994, section 144.98, 
 41.7   subdivision 3, is amended to read: 
 41.8      Subd. 3.  [FEES.] (a) An application for certification 
 41.9   under subdivision 1 must be accompanied by the annual fee 
 41.10  specified in this subdivision.  The fees are for: 
 41.11     (1) base certification fee, $250; and 
 41.12     (2) test category certification fees: 
 41.13  Test Category                               Certification Fee
 41.14  Bacteriology                                         $100
 41.15  Inorganic chemistry, fewer than four constituents    $ 50
 41.16  Inorganic chemistry, four or more constituents       $150
 41.17  Chemistry metals, fewer than four constituents       $100
 41.18  Chemistry metals, four or more constituents          $250
 41.19  Volatile organic compounds                           $300
 41.20  Other organic compounds                              $300
 41.21     (b) The total annual certification fee is the base fee plus 
 41.22  the applicable test category fees.  The annual certification fee 
 41.23  for a contract laboratory is 1.5 times the total certification 
 41.24  fee. 
 41.25     (c) Laboratories located outside of this state that require 
 41.26  an on-site survey will be assessed an additional $1,200 fee. 
 41.27     (d) The commissioner of health may adjust fees under 
 41.28  section 16A.128, subdivision 2 16A.1285 without rulemaking.  
 41.29  Fees must be set so that the total fees support the laboratory 
 41.30  certification program.  Direct costs of the certification 
 41.31  service include program administration, inspections, the 
 41.32  agency's general support costs, and attorney general costs 
 41.33  attributable to the fee function. 
 41.34     Sec. 51.  Minnesota Statutes 1994, section 221.0335, is 
 41.35  amended to read: 
 41.36     221.0335 [HAZARDOUS MATERIALS TRANSPORTATION REGISTRATION; 
 42.1   FEES.] 
 42.2      A person required to file a registration statement under 
 42.3   section 106(c) of the federal Hazardous Materials Transportation 
 42.4   Safety Act of 1990 may not transport a hazardous material unless 
 42.5   the person files an annual hazardous materials registration 
 42.6   statement with the commissioner and pays a fee.  The 
 42.7   commissioner shall adopt rules to implement this section, 
 42.8   including administration of the registration program and 
 42.9   establishing registration fees.  A fee may not exceed a person's 
 42.10  annual registration fee under the federal act.  Fees must be set 
 42.11  in accordance with section 16A.128, subdivision 1a, 16A.1285 to 
 42.12  cover the costs of administering and enforcing this section and 
 42.13  the costs of hazardous materials incident response capability 
 42.14  under sections 299A.48 to 299A.52 and 299K.095.  All fees 
 42.15  collected under this section must be deposited in the general 
 42.16  fund.  
 42.17     Sec. 52.  Minnesota Statutes 1994, section 326.2421, 
 42.18  subdivision 3, is amended to read: 
 42.19     Subd. 3.  [ALARM AND COMMUNICATION CONTRACTOR'S LICENSES.] 
 42.20  No person may lay out, install, maintain, or repair alarm and 
 42.21  communication systems, unless the person is licensed as an alarm 
 42.22  and communication contractor under this subdivision, or is a 
 42.23  licensed electrical contractor under section 326.242, 
 42.24  subdivision 6, or is an employee of the contractor.  The board 
 42.25  of electricity shall issue an alarm and communication 
 42.26  contractor's license to any individual, corporation, 
 42.27  partnership, sole proprietorship, or other business entity that 
 42.28  provides adequate proof that a bond and insurance in the amounts 
 42.29  required by section 326.242, subdivision 6, have been obtained 
 42.30  by the applicant.  The board may initially shall set license 
 42.31  fees without rulemaking, pursuant to section 16A.128 16A.1285.  
 42.32  Installation of alarm and communication systems are subject to 
 42.33  inspection and inspection fees as provided in section 326.244, 
 42.34  subdivision 1a. 
 42.35     Sec. 53.  Minnesota Statutes 1994, section 341.10, is 
 42.36  amended to read: 
 43.1      341.10 [LICENSE FEES.] 
 43.2      The board shall have authority to collect and require the 
 43.3   payment of a license fee in an amount set by the board from the 
 43.4   owners of franchises or licenses.  Notwithstanding section 
 43.5   16A.128, subdivision 1a, The fee is not subject to approval by 
 43.6   the commissioner of finance and need not recover all costs.  The 
 43.7   board shall require the payment of the fee at the time of the 
 43.8   issuance of the license or franchise to the owner.  The moneys 
 43.9   so derived shall be collected by the board and paid to the state 
 43.10  treasurer.  The board shall have authority to license all 
 43.11  boxers, managers, seconds, referees and judges and may require 
 43.12  them to pay a license fee.  All moneys collected by the board 
 43.13  from such licenses shall be paid to the state treasurer. 
 43.14     Sec. 54.  [APPROPRIATION.] 
 43.15     (a) $35,000 is appropriated from the general fund to the 
 43.16  administrative hearings account in Minnesota Statutes, section 
 43.17  14.54, for the purposes of section 55.  The appropriation is 
 43.18  available until spent and must be reimbursed to the general fund 
 43.19  by June 30, 1997. 
 43.20     (b) The office of the attorney general shall transfer 
 43.21  $15,000 in fiscal year 1996 to the office of administrative 
 43.22  hearings. 
 43.23     Sec. 55.  [TRANSFER OF RULE REVIEW AUTHORITY.] 
 43.24     (a) The rule review duties of the office of the attorney 
 43.25  general are transferred to the office of administrative hearings 
 43.26  on January 1, 1996.  Minnesota Statutes, section 15.039, does 
 43.27  not apply to this transfer.  
 43.28     (b) Proposed rules for which a notice under Minnesota 
 43.29  Statutes, section 14.22 or 14.30, has been published in the 
 43.30  State Register before January 1, 1996, shall continue to be 
 43.31  reviewed by the attorney general under the rule review authority 
 43.32  transferred by this article and are governed by Minnesota 
 43.33  Statutes 1994, chapter 14, and Minnesota Rules, chapter 2010. 
 43.34     (c) Except as otherwise provided in paragraph (b), 
 43.35  Minnesota Rules, chapter 2010, shall be enforced by the office 
 43.36  of administrative hearings until it is amended or repealed by 
 44.1   that office. 
 44.2      Sec. 56.  [REVISOR INSTRUCTION.] 
 44.3      The revisor of statutes shall correct or remove the 
 44.4   references in Minnesota Statutes and Minnesota Rules to the 
 44.5   statutory sections repealed in this article. 
 44.6      The revisor of statutes shall change the terms "office of 
 44.7   attorney general," "attorney general," or similar terms to 
 44.8   "office of administrative hearings," "chief administrative law 
 44.9   judge," "administrative law judge," or similar terms in 
 44.10  Minnesota Rules, chapter 2010, to reflect the intent of the 
 44.11  legislature to transfer the attorney general's rule review 
 44.12  functions in the manner provided in this article. 
 44.13     Sec. 57.  [REPEALER.] 
 44.14     (a) Minnesota Statutes 1994, sections 3.846; 14.12; 
 44.15  14.1311; and 14.235, are repealed. 
 44.16     (b) Minnesota Statutes 1994, sections 14.29; 14.30; 14.305; 
 44.17  14.31; 14.32; 14.33; 14.34; 14.35; and 14.36, are repealed. 
 44.18     (c) Minnesota Statutes 1994, sections 14.10, 14.11; 14.115; 
 44.19  and 17.83, are repealed. 
 44.20     Sec. 58.  [EFFECTIVE DATE.] 
 44.21     Sections 1 to 3; 5; 7; 8; 11; 16; 28; 35; 57, paragraph 
 44.22  (c); and the rulemaking authority granted in sections 27 and 31 
 44.23  are effective the day following final enactment.  Section 12 
 44.24  applies to laws authorizing or requiring rulemaking that are 
 44.25  finally enacted after January 1, 1996.  Section 32 is effective 
 44.26  for costs incurred after June 30, 1995.  Sections 4, 33, 34, 36, 
 44.27  and 49 to 54 are effective July 1, 1995.  The remainder of the 
 44.28  article is effective January 1, 1996. 
 44.29                             ARTICLE 2
 44.30     Section 1.  [REPEALER; DEPARTMENT OF AGRICULTURE.] 
 44.31     Minnesota Rules, parts 1540.0010, subparts 12, 18, 21, 22, 
 44.32  and 24; 1540.0060; 1540.0070; 1540.0080; 1540.0100; 1540.0110; 
 44.33  1540.0120; 1540.0130; 1540.0140; 1540.0150; 1540.0160; 
 44.34  1540.0170; 1540.0180; 1540.0190; 1540.0200; 1540.0210; 
 44.35  1540.0220; 1540.0230; 1540.0240; 1540.0260; 1540.0320; 
 44.36  1540.0330; 1540.0340; 1540.0350; 1540.0370; 1540.0380; 
 45.1   1540.0390; 1540.0400; 1540.0410; 1540.0420; 1540.0440; 
 45.2   1540.0450; 1540.0460; 1540.0490; 1540.0500; 1540.0510; 
 45.3   1540.0520; 1540.0770; 1540.0780; 1540.0800; 1540.0810; 
 45.4   1540.0830; 1540.0880; 1540.0890; 1540.0900; 1540.0910; 
 45.5   1540.0920; 1540.0930; 1540.0940; 1540.0950; 1540.0960; 
 45.6   1540.0970; 1540.0980; 1540.0990; 1540.1000; 1540.1005; 
 45.7   1540.1010; 1540.1020; 1540.1030; 1540.1040; 1540.1050; 
 45.8   1540.1060; 1540.1070; 1540.1080; 1540.1090; 1540.1100; 
 45.9   1540.1110; 1540.1120; 1540.1130; 1540.1140; 1540.1150; 
 45.10  1540.1160; 1540.1170; 1540.1180; 1540.1190; 1540.1200; 
 45.11  1540.1210; 1540.1220; 1540.1230; 1540.1240; 1540.1250; 
 45.12  1540.1255; 1540.1260; 1540.1280; 1540.1290; 1540.1300; 
 45.13  1540.1310; 1540.1320; 1540.1330; 1540.1340; 1540.1350; 
 45.14  1540.1360; 1540.1380; 1540.1400; 1540.1410; 1540.1420; 
 45.15  1540.1430; 1540.1440; 1540.1450; 1540.1460; 1540.1470; 
 45.16  1540.1490; 1540.1500; 1540.1510; 1540.1520; 1540.1530; 
 45.17  1540.1540; 1540.1550; 1540.1560; 1540.1570; 1540.1580; 
 45.18  1540.1590; 1540.1600; 1540.1610; 1540.1620; 1540.1630; 
 45.19  1540.1640; 1540.1650; 1540.1660; 1540.1670; 1540.1680; 
 45.20  1540.1690; 1540.1700; 1540.1710; 1540.1720; 1540.1730; 
 45.21  1540.1740; 1540.1750; 1540.1760; 1540.1770; 1540.1780; 
 45.22  1540.1790; 1540.1800; 1540.1810; 1540.1820; 1540.1830; 
 45.23  1540.1840; 1540.1850; 1540.1860; 1540.1870; 1540.1880; 
 45.24  1540.1890; 1540.1900; 1540.1905; 1540.1910; 1540.1920; 
 45.25  1540.1930; 1540.1940; 1540.1950; 1540.1960; 1540.1970; 
 45.26  1540.1980; 1540.1990; 1540.2000; 1540.2010; 1540.2015; 
 45.27  1540.2020; 1540.2090; 1540.2100; 1540.2110; 1540.2120; 
 45.28  1540.2180; 1540.2190; 1540.2200; 1540.2210; 1540.2220; 
 45.29  1540.2230; 1540.2240; 1540.2250; 1540.2260; 1540.2270; 
 45.30  1540.2280; 1540.2290; 1540.2300; 1540.2310; 1540.2320; 
 45.31  1540.2325; 1540.2330; 1540.2340; 1540.2350; 1540.2360; 
 45.32  1540.2370; 1540.2380; 1540.2390; 1540.2400; 1540.2410; 
 45.33  1540.2420; 1540.2430; 1540.2440; 1540.2450; 1540.2490; 
 45.34  1540.2500; 1540.2510; 1540.2530; 1540.2540; 1540.2550; 
 45.35  1540.2560; 1540.2570; 1540.2580; 1540.2590; 1540.2610; 
 45.36  1540.2630; 1540.2640; 1540.2650; 1540.2660; 1540.2720; 
 46.1   1540.2730; 1540.2740; 1540.2760; 1540.2770; 1540.2780; 
 46.2   1540.2790; 1540.2800; 1540.2810; 1540.2820; 1540.2830; 
 46.3   1540.2840; 1540.3420; 1540.3430; 1540.3440; 1540.3450; 
 46.4   1540.3460; 1540.3470; 1540.3560; 1540.3600; 1540.3610; 
 46.5   1540.3620; 1540.3630; 1540.3700; 1540.3780; 1540.3960; 
 46.6   1540.3970; 1540.3980; 1540.3990; 1540.4000; 1540.4010; 
 46.7   1540.4020; 1540.4030; 1540.4040; 1540.4080; 1540.4190; 
 46.8   1540.4200; 1540.4210; 1540.4220; 1540.4320; 1540.4330; and 
 46.9   1540.4340, are repealed. 
 46.10     Sec. 2.  [REPEALER; DEPARTMENT OF COMMERCE.] 
 46.11     Minnesota Rules, parts 2642.0120, subpart 1; 2650.0100; 
 46.12  2650.0200; 2650.0300; 2650.0400; 2650.0500; 2650.0600; 
 46.13  2650.1100; 2650.1200; 2650.1300; 2650.1400; 2650.1500; 
 46.14  2650.1600; 2650.1700; 2650.1800; 2650.1900; 2650.2000; 
 46.15  2650.2100; 2650.3100; 2650.3200; 2650.3300; 2650.3400; 
 46.16  2650.3500; 2650.3600; 2650.3700; 2650.3800; 2650.3900; 
 46.17  2650.4000; 2650.4100; 2655.1000; 2660.0070; and 2770.7400, are 
 46.18  repealed. 
 46.19     Sec. 3.  [REPEALER; DEPARTMENT OF HEALTH.] 
 46.20     Minnesota Rules, part 4610.2210, is repealed. 
 46.21     Sec. 4.  [REPEALER; DEPARTMENT OF HUMAN SERVICES.] 
 46.22     Minnesota Rules, parts 9540.0100; 9540.0200; 9540.0300; 
 46.23  9540.0400; 9540.0500; 9540.1000; 9540.1100; 9540.1200; 
 46.24  9540.1300; 9540.1400; 9540.1500; 9540.2000; 9540.2100; 
 46.25  9540.2200; 9540.2300; 9540.2400; 9540.2500; 9540.2600; and 
 46.26  9540.2700, are repealed. 
 46.27     Sec. 5.  [REPEALER; POLLUTION CONTROL AGENCY.] 
 46.28     Minnesota Rules, parts 7002.0410; 7002.0420; 7002.0430; 
 46.29  7002.0440; 7002.0450; 7002.0460; 7002.0470; 7002.0480; 
 46.30  7002.0490; 7047.0010; 7047.0020; 7047.0030; 7047.0040; 
 46.31  7047.0050; 7047.0060; 7047.0070; 7100.0300; 7100.0310; 
 46.32  7100.0320; 7100.0330; 7100.0335; 7100.0340; and 7100.0350, are 
 46.33  repealed. 
 46.34     Sec. 6.  [REPEALER; DEPARTMENT OF PUBLIC SAFETY.] 
 46.35     Minnesota Rules, parts 7510.6100; 7510.6200; 7510.6300; 
 46.36  7510.6350; 7510.6400; 7510.6500; 7510.6600; 7510.6700; 
 47.1   7510.6800; 7510.6900; and 7510.6910, are repealed. 
 47.2      Sec. 7.  [REPEALER; DEPARTMENT OF PUBLIC SERVICE.] 
 47.3      Minnesota Rules, parts 7600.0100; 7600.0200; 7600.0300; 
 47.4   7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800; 
 47.5   7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300; 
 47.6   7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800; 
 47.7   7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300; 
 47.8   7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800; 
 47.9   7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300; 
 47.10  7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800; 
 47.11  7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300; 
 47.12  7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800; 
 47.13  7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300; 
 47.14  7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800; 
 47.15  7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300; 
 47.16  7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800; 
 47.17  7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210; 
 47.18  7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700; 
 47.19  7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200; 
 47.20  7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700; 
 47.21  7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200; 
 47.22  7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700; 
 47.23  7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120; 
 47.24  7625.0200; 7625.0210; 7625.0220; and 7625.0230, are repealed. 
 47.25     Sec. 8.  [REPEALER; DEPARTMENT OF REVENUE.] 
 47.26     Minnesota Rules, parts 8120.1100, subpart 3; 8121.0500, 
 47.27  subpart 2; 8130.9912; 8130.9913; 8130.9916; 8130.9920; 
 47.28  8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972; 
 47.29  8130.9980; and 8130.9992, are repealed. 
 47.30                             ARTICLE 3
 47.31     Section 1.  Minnesota Rules, part 1540.2140, is amended to 
 47.32  read: 
 47.33  1540.2140 DISPOSITION OF CONDEMNED MEAT OR PRODUCT AT OFFICIAL 
 47.34  ESTABLISHMENTS HAVING NO TANKING FACILITIES. 
 47.35     Any carcass or product condemned at an official 
 47.36  establishment which has no facilities for tanking shall be 
 48.1   denatured with crude carbolic acid, cresylic disinfectant, or 
 48.2   other prescribed agent, or be destroyed by incineration under 
 48.3   the supervision of a department employee.  When such carcass or 
 48.4   product is not incinerated it shall be slashed freely with a 
 48.5   knife, before the denaturing agent is applied. 
 48.6      Carcasses and products condemned on account of anthrax, and 
 48.7   the materials identified in parts 1540.1300 to 1540.1360, which 
 48.8   are derived therefrom at establishments which are not equipped 
 48.9   with tanking facilities shall be disposed of by complete 
 48.10  incineration, or by thorough denaturing with a prescribed 
 48.11  denaturant, and then disposed of in accordance with the 
 48.12  requirements of the Board of Animal Health, who shall be 
 48.13  notified immediately by the inspector in charge. 
 48.14     Sec. 2.  Minnesota Rules, part 7001.0140, subpart 2, is 
 48.15  amended to read: 
 48.16     Subp. 2.  Agency findings.  The following findings by the 
 48.17  agency constitute justification for the agency to refuse to 
 48.18  issue a new or modified permit, to refuse permit reissuance, or 
 48.19  to revoke a permit without reissuance:  
 48.20     A.  that with respect to the facility or activity to be 
 48.21  permitted, the proposed permittee or permittees will not comply 
 48.22  with all applicable state and federal pollution control statutes 
 48.23  and rules administered by the agency, or conditions of the 
 48.24  permit; 
 48.25     B.  that there exists at the facility to be permitted 
 48.26  unresolved noncompliance with applicable state and federal 
 48.27  pollution control statutes and rules administered by the agency, 
 48.28  or conditions of the permit and that the permittee will not 
 48.29  undertake a schedule of compliance to resolve the noncompliance; 
 48.30     C.  that the permittee has failed to disclose fully all 
 48.31  facts relevant to the facility or activity to be permitted, or 
 48.32  that the permittee has submitted false or misleading information 
 48.33  to the agency or to the commissioner; 
 48.34     D.  that the permitted facility or activity endangers human 
 48.35  health or the environment and that the danger cannot be removed 
 48.36  by a modification of the conditions of the permit; 
 49.1      E.  that all applicable requirements of Minnesota Statutes, 
 49.2   chapter 116D and the rules adopted under Minnesota Statutes, 
 49.3   chapter 116D have not been fulfilled; 
 49.4      F.  that with respect to the facility or activity to be 
 49.5   permitted, the proposed permittee has not complied with any 
 49.6   requirement under parts 7002.0210 to 7002.0310, 7002.0410 to 
 49.7   7002.0490, or chapter 7046 to pay fees; or 
 49.8      G.  that with respect to the facility or activity to be 
 49.9   permitted, the proposed permittee has failed to pay a penalty 
 49.10  owed under Minnesota Statutes, section 116.072. 
 49.11     Sec. 3.  Minnesota Rules, part 7001.0180, is amended to 
 49.12  read: 
 49.13  7001.0180 JUSTIFICATION TO COMMENCE REVOCATION WITHOUT 
 49.14  REISSUANCE OF PERMIT. 
 49.15     The following constitute justification for the commissioner 
 49.16  to commence proceedings to revoke a permit without reissuance: 
 49.17     A.  existence at the permitted facility of unresolved 
 49.18  noncompliance with applicable state and federal pollution 
 49.19  statutes and rules or a condition of the permit, and refusal of 
 49.20  the permittee to undertake a schedule of compliance to resolve 
 49.21  the noncompliance; 
 49.22     B.  the permittee fails to disclose fully the facts 
 49.23  relevant to issuance of the permit or submits false or 
 49.24  misleading information to the agency or to the commissioner; 
 49.25     C.  the commissioner finds that the permitted facility or 
 49.26  activity endangers human health or the environment and that the 
 49.27  danger cannot be removed by a modification of the conditions of 
 49.28  the permit; 
 49.29     D.  the permittee has failed to comply with any requirement 
 49.30  under parts 7002.0210 to 7002.0310, 7002.0410 to 7002.0490, or 
 49.31  chapter 7046 to pay fees; or 
 49.32     E.  the permittee has failed to pay a penalty owed under 
 49.33  Minnesota Statutes, section 116.072. 
 49.34     Sec. 4.  Minnesota Rules, part 8130.3500, subpart 3, is 
 49.35  amended to read:  
 49.36     Subp. 3.  Motor carrier direct pay certificate.  A motor 
 50.1   carrier direct pay certificate will be issued to qualified 
 50.2   electing carriers by the commissioner of revenue and will be 
 50.3   effective as of the date shown on the certificate.  A facsimile 
 50.4   of the authorized motor carrier direct pay certificate is 
 50.5   reproduced at part 8130.9958.  
 50.6      Sec. 5.  Minnesota Rules, part 8130.6500, subpart 5, is 
 50.7   amended to read: 
 50.8      Subp. 5.  Sale of aircraft.  When the dealer sells the 
 50.9   aircraft, the selling price must be included in gross sales.  
 50.10  The fact that the aircraft commercial use permit has not expired 
 50.11  or that the dealer has reported and paid use tax on the aircraft 
 50.12  has no effect on the taxability of the sale.  The dealer must 
 50.13  return the aircraft commercial use permit (unless previously 
 50.14  returned) when the dealer files the sales and use tax return for 
 50.15  the month in which the sale was made.  No credit or refund is 
 50.16  given for the $20 fee originally paid. 
 50.17     A facsimile of the authorized aircraft commercial use 
 50.18  permit is reproduced at part 8130.9992.