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SF 2698

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

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to agencies; providing for the right to 
  1.3             extend a deadline with certain conditions; amending 
  1.4             Minnesota Statutes 1995 Supplement, section 15.99, 
  1.5             subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   15.99, subdivision 3, is amended to read: 
  1.9      Subd. 3.  [APPLICATION; EXTENSIONS.] (a) The time limit in 
  1.10  subdivision 2 begins upon the agency's receipt of a written 
  1.11  request containing all information required by law or by a 
  1.12  previously adopted rule, ordinance, or policy of the agency.  If 
  1.13  an agency receives a written request that does not contain all 
  1.14  required information, the 60-day limit starts over only if the 
  1.15  agency sends notice within ten business days of receipt of the 
  1.16  request telling the requester what information is missing. 
  1.17     (b) If an action relating to zoning, septic systems, or 
  1.18  expansion of the metropolitan urban service area requires the 
  1.19  approval of more than one state agency in the executive branch, 
  1.20  the 60-day period in subdivision 2 begins to run for all 
  1.21  executive branch agencies on the day a request containing all 
  1.22  required information is received by one state agency.  The 
  1.23  agency receiving the request must forward copies to other state 
  1.24  agencies whose approval is required. 
  1.25     (c) An agency response meets the 60-day time limit if the 
  2.1   agency can document that the response was sent within 60 days of 
  2.2   receipt of the written request. 
  2.3      (d) The time limit in subdivision 2 is extended if a state 
  2.4   statute, federal law, or court order requires a process to occur 
  2.5   before the agency acts on the request, and the time periods 
  2.6   prescribed in the state statute, federal law, or court order 
  2.7   make it impossible to act on the request within 60 days.  In 
  2.8   cases described in this paragraph, the deadline is extended to 
  2.9   60 days after completion of the last process required in the 
  2.10  applicable statute, law, or order.  Final approval of an agency 
  2.11  receiving a request is not considered a process for purposes of 
  2.12  this paragraph. 
  2.13     (e) The time limit in subdivision 2 is extended if:  (1) a 
  2.14  request submitted to a state agency requires prior approval of a 
  2.15  federal agency; or (2) an application submitted to a city, 
  2.16  county, town, school district, metropolitan or regional entity, 
  2.17  or other political subdivision requires prior approval of a 
  2.18  state or federal agency.  In cases described in this paragraph, 
  2.19  the deadline for agency action is extended to 60 days after the 
  2.20  required prior approval is granted. 
  2.21     (f) An agency may extend the timeline under this 
  2.22  subdivision time limit in subdivision 2 before the end of the 
  2.23  initial 60-day period by providing written notice of the 
  2.24  extension to the applicant.  The notification must state the 
  2.25  reasons for the extension and its anticipated length, which may 
  2.26  not exceed 60 days unless approved by the applicant.