SF 351

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to administrative rules; assigning 
  1.3             responsibility for legislative review of 
  1.4             administrative rules to the legislative coordinating 
  1.5             commission; abolishing authority to suspend rules 
  1.6             without enactment of a statute; amending Minnesota 
  1.7             Statutes 1996, sections 3.841; 3.842, subdivisions 2 
  1.8             and 4a; 3.843; 14.05, subdivision 5; 14.131; 14.14, 
  1.9             subdivision 1a; 14.15, subdivision 4; 14.18, 
  1.10            subdivision 1; 14.19; 14.22, subdivision 1; 14.225; 
  1.11            14.23; 14.26, subdivisions 1 and 3; and 14.47, 
  1.12            subdivision 6; repealing Minnesota Statutes 1996, 
  1.13            sections 3.842, subdivisions 4, 5, 6, and 7; 3.844; 
  1.14            3.845; and 15.065. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1996, section 3.841, is 
  1.17  amended to read: 
  1.18     3.841 [LEGISLATIVE COORDINATING COMMISSION TO REVIEW 
  1.19  ADMINISTRATIVE RULES; COMPOSITION; MEETINGS.] 
  1.20     A For purposes of sections 3.842 and 3.843, "commission" 
  1.21  means the legislative coordinating commission to review 
  1.22  administrative rules, consisting of five senators appointed by 
  1.23  the subcommittee on committees of the committee on rules and 
  1.24  administration of the senate and five representatives appointed 
  1.25  by the speaker of the house of representatives shall be 
  1.26  appointed within 30 days after the convening of the legislative 
  1.27  session.  Its members must include the chair or the chair's 
  1.28  designee of the committees in each body having jurisdiction over 
  1.29  administrative rules.  The commission shall meet at the call of 
  1.30  its chair or upon a call signed by two of its members or signed 
  2.1   by five members of the legislature.  The office of chair of the 
  2.2   legislative commission shall alternate between the two houses of 
  2.3   the legislature every two years or a legislative commission or 
  2.4   subcommittee established by the coordinating commission under 
  2.5   section 3.305, subdivision 6, to exercise the powers and 
  2.6   discharge the duties of the coordinating commission under 
  2.7   sections 3.842 and 3.843 or other law requiring action by the 
  2.8   coordinating commission on matters relating to administrative 
  2.9   rules. 
  2.10     Sec. 2.  Minnesota Statutes 1996, section 3.842, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  [JURISDICTION.] The jurisdiction of the 
  2.13  commission includes all rules as defined in section 14.02, 
  2.14  subdivision 4.  The commission also has jurisdiction of rules 
  2.15  which are filed with the secretary of state in accordance with 
  2.16  sections 14.38, subdivisions 5, 6, 7, 8, 9, and 11; 14.386; and 
  2.17  14.388.  
  2.18     The commission may periodically review statutory exemptions 
  2.19  to the rulemaking provisions of this chapter.  
  2.20     Sec. 3.  Minnesota Statutes 1996, section 3.842, 
  2.21  subdivision 4a, is amended to read: 
  2.22     Subd. 4a.  [OBJECTIONS TO RULES.] (a) If the legislative 
  2.23  commission to review administrative rules objects to all or some 
  2.24  portion of a rule because the commission considers it to be 
  2.25  beyond the procedural or substantive authority delegated to the 
  2.26  agency, including a proposed rule submitted under section 14.15, 
  2.27  subdivision 4, or 14.26, subdivision 3, paragraph (c), the 
  2.28  commission may file that objection in the office of the 
  2.29  secretary of state.  The filed objection must contain a concise 
  2.30  statement of the commission's reasons for its action.  An 
  2.31  objection to a proposed rule submitted under section 14.15, 
  2.32  subdivision 4, or 14.26, subdivision 3, paragraph (c), may not 
  2.33  be filed before the rule is adopted. 
  2.34     (b) The secretary of state shall affix to each objection a 
  2.35  certification of the date and time of its filing and as soon 
  2.36  after the objection is filed as practicable shall transmit a 
  3.1   certified copy of it to the agency issuing the rule in question 
  3.2   and to the revisor of statutes.  The secretary of state shall 
  3.3   also maintain a permanent register open to public inspection of 
  3.4   all objections by the commission.  
  3.5      (c) The legislative commission to review administrative 
  3.6   rules shall publish and index an objection filed under this 
  3.7   section in the next issue of the State Register.  The revisor of 
  3.8   statutes shall indicate its the existence of the objection 
  3.9   adjacent to the rule in question when that rule is published in 
  3.10  Minnesota Rules. 
  3.11     (d) Within 14 days after the filing of an objection by the 
  3.12  commission to a rule, the issuing agency shall respond in 
  3.13  writing to the commission.  After receipt of the response, the 
  3.14  commission may withdraw or modify its objection.  
  3.15     (e) After the filing of an objection by the commission that 
  3.16  is not subsequently withdrawn, the burden is upon the agency in 
  3.17  any proceeding for judicial review or for enforcement of the 
  3.18  rule to establish that the whole or portion of the rule objected 
  3.19  to is valid.  
  3.20     (f) The failure of the commission to object to a rule is 
  3.21  not an implied legislative authorization of its validity. 
  3.22     (g) Pursuant to In accordance with sections 14.44 and 
  3.23  14.45, the commission may petition for a declaratory judgment to 
  3.24  determine the validity of any a rule objected to by the 
  3.25  commission.  This The action must be started within two years 
  3.26  after an objection is filed in the office of the secretary of 
  3.27  state.  
  3.28     (h) The commission may intervene in litigation arising from 
  3.29  agency action.  For purposes of this paragraph, agency action 
  3.30  means the whole or part of a rule, or the failure to issue a 
  3.31  rule. 
  3.32     Sec. 4.  Minnesota Statutes 1996, section 3.843, is amended 
  3.33  to read: 
  3.34     3.843 [PUBLIC HEARINGS BY STATE AGENCIES.] 
  3.35     By a vote of a majority of its members, the commission may 
  3.36  request any agency issuing rules to hold a public hearing in 
  4.1   respect to recommendations made pursuant to under section 3.842, 
  4.2   including recommendations made by the commission to promote 
  4.3   adequate and proper rules by that agency and recommendations 
  4.4   contained in the commission's biennial report.  The agency shall 
  4.5   give notice as provided in section 14.14, subdivision 1, of a 
  4.6   hearing thereon under this section, to be conducted in 
  4.7   accordance with sections 14.05 to 14.28.  The hearing shall must 
  4.8   be held not more than 60 days after receipt of the request or 
  4.9   within any other longer time period specified by the commission 
  4.10  in the request. 
  4.11     Sec. 5.  Minnesota Statutes 1996, section 14.05, 
  4.12  subdivision 5, is amended to read: 
  4.13     Subd. 5.  [REVIEW AND REPEAL OF RULES.] By December 1 of 
  4.14  each year, an agency shall submit a list of all the rules of the 
  4.15  agency to the governor, the legislative coordinating commission 
  4.16  to review administrative rules, and the revisor of statutes.  
  4.17  The list must identify any rules that are obsolete and should be 
  4.18  repealed.  The list must also include an explanation of why the 
  4.19  rule is obsolete and the agency's timetable for repeal. 
  4.20     Sec. 6.  Minnesota Statutes 1996, section 14.131, is 
  4.21  amended to read: 
  4.22     14.131 [STATEMENT OF NEED AND REASONABLENESS.] 
  4.23     Before the agency orders the publication of a rulemaking 
  4.24  notice required by section 14.14, subdivision 1a, the agency 
  4.25  must shall prepare, review, and make available for public review 
  4.26  a statement of the need for and reasonableness of the rule.  The 
  4.27  statement of need and reasonableness must be prepared under 
  4.28  rules adopted by the chief administrative law judge and must 
  4.29  include the following to the extent the agency, through 
  4.30  reasonable effort, can ascertain this information: 
  4.31     (1) a description of the classes of persons who probably 
  4.32  will be affected by the proposed rule, including classes that 
  4.33  will bear the costs of the proposed rule and classes that will 
  4.34  benefit from the proposed rule; 
  4.35     (2) the probable costs to the agency and to any other 
  4.36  agency of the implementation and enforcement of the proposed 
  5.1   rule and any anticipated effect on state revenues; 
  5.2      (3) a determination of whether there are less costly 
  5.3   methods or less intrusive methods for achieving the purpose of 
  5.4   the proposed rule; 
  5.5      (4) a description of any alternative methods for achieving 
  5.6   the purpose of the proposed rule that were seriously considered 
  5.7   by the agency and the reasons why they were rejected in favor of 
  5.8   the proposed rule; 
  5.9      (5) the probable costs of complying with the proposed rule; 
  5.10  and 
  5.11     (6) an assessment of any differences between the proposed 
  5.12  rule and existing federal regulations and a specific analysis of 
  5.13  the need for and reasonableness of each difference.  
  5.14     For rules setting, adjusting, or establishing regulatory, 
  5.15  licensure, or other charges for goods and services, the 
  5.16  statement of need and reasonableness must include the comments 
  5.17  and recommendations of the commissioner of finance and must 
  5.18  address any fiscal and policy concerns raised during the review 
  5.19  process, as required by section 16A.1285. 
  5.20     The statement must also describe the agency's efforts to 
  5.21  provide additional notification to persons or classes of persons 
  5.22  who may be affected by the proposed rule or must explain why 
  5.23  these efforts were not made. 
  5.24     The agency shall send a copy of the statement of need and 
  5.25  reasonableness to the legislative commission to review 
  5.26  administrative rules reference library when it becomes available 
  5.27  for public review. 
  5.28     Sec. 7.  Minnesota Statutes 1996, section 14.14, 
  5.29  subdivision 1a, is amended to read: 
  5.30     Subd. 1a.  [NOTICE OF RULE HEARING.] (a) Each agency shall 
  5.31  maintain a list of all persons who have registered with the 
  5.32  agency for the purpose of receiving notice of rule proceedings.  
  5.33  The agency may inquire as to whether those persons on the list 
  5.34  wish to maintain their names thereon on it and may remove names 
  5.35  for which there is a negative reply or no reply within 60 days.  
  5.36  The agency shall, at least 30 days prior to before the date set 
  6.1   for the hearing, give notice of its intention to adopt rules by 
  6.2   United States mail to all persons on its list, and by 
  6.3   publication in the State Register.  The mailed notice shall must 
  6.4   include either a copy of the proposed rule or a description of 
  6.5   the its nature and effect of the proposed rule and an 
  6.6   announcement that a free copy of the proposed rule is available 
  6.7   on request from the agency.  Each agency may, at its own 
  6.8   discretion, also contact notify persons not on its list who may 
  6.9   be affected by the rule being proposed.  In addition, each 
  6.10  agency shall make reasonable efforts to notify persons or 
  6.11  classes of persons who may be significantly affected by the rule 
  6.12  being proposed by giving notice of its intention in newsletters, 
  6.13  newspapers, or other publications, or through other means of 
  6.14  communication.  The notice in the State Register must include 
  6.15  the proposed rule or an amended rule in the form required by the 
  6.16  revisor under section 14.07, together with a citation to the 
  6.17  most specific statutory authority for the proposed rule, a 
  6.18  statement of the place, date, and time of the public hearing, a 
  6.19  statement that persons may register with the agency for the 
  6.20  purpose of receiving notice of rule proceedings and notice that 
  6.21  a rule has been adopted, and other information as required by 
  6.22  law or rule.  When an entire rule is proposed to be repealed, 
  6.23  the agency need only publish that fact, giving the citation to 
  6.24  the rule to be repealed in the notice. 
  6.25     (b) The legislative commission to review administrative 
  6.26  rules chief administrative law judge may authorize an agency to 
  6.27  omit from the notice of rule hearing the text of any proposed 
  6.28  rule, the publication of which would be unduly cumbersome, 
  6.29  expensive, or otherwise inexpedient if: 
  6.30     (1) knowledge of the rule is likely to be important to only 
  6.31  a small class of persons; 
  6.32     (2) the notice of rule hearing states that a free copy of 
  6.33  the entire rule is available upon request to the agency; and 
  6.34     (3) the notice of rule hearing states in detail the 
  6.35  specific subject matter of the omitted rule, cites the statutory 
  6.36  authority for the proposed rule, and details the proposed rule's 
  7.1   purpose and motivation. 
  7.2      Sec. 8.  Minnesota Statutes 1996, section 14.15, 
  7.3   subdivision 4, is amended to read: 
  7.4      Subd. 4.  [NEED OR REASONABLENESS NOT ESTABLISHED.] If the 
  7.5   chief administrative law judge determines that the need for or 
  7.6   reasonableness of the rule has not been established pursuant to 
  7.7   section 14.14, subdivision 2, and if the agency does not elect 
  7.8   to follow the suggested actions of the chief administrative law 
  7.9   judge to correct that defect, then the agency shall submit the 
  7.10  proposed rule to the legislative coordinating commission to 
  7.11  review administrative rules for the commission's advice and 
  7.12  comment.  The agency shall may not adopt the rule until it has 
  7.13  received and considered the advice of the commission.  However, 
  7.14  the agency is not required to wait for the commission's advice 
  7.15  for more than 60 days after the commission has received the 
  7.16  agency's submission.  
  7.17     Sec. 9.  Minnesota Statutes 1996, section 14.18, 
  7.18  subdivision 1, is amended to read: 
  7.19     Subdivision 1.  [GENERALLY.] A rule is effective after it 
  7.20  has been subjected to all requirements described in sections 
  7.21  14.131 to 14.20 and five working days after the notice of 
  7.22  adoption is published in the State Register unless a later date 
  7.23  is required by law or specified in the rule.  If the rule 
  7.24  adopted is the same as the proposed rule, publication may be 
  7.25  made by publishing notice in the State Register that the rule 
  7.26  has been adopted as proposed and by citing the prior 
  7.27  publication.  If the rule adopted differs from the proposed 
  7.28  rule, the portions of the adopted rule which that differ from 
  7.29  the proposed rule shall must be included in the notice of 
  7.30  adoption together with a citation to the prior State Register 
  7.31  publication of the remainder of the proposed rule.  The nature 
  7.32  of the modifications must be clear to a reasonable person when 
  7.33  the notice of adoption is considered together with the State 
  7.34  Register publication of the proposed rule, except that 
  7.35  modifications may also be made which that comply with the form 
  7.36  requirements of section 14.07, subdivision 7.  
  8.1      If the agency omitted from the notice of proposed rule 
  8.2   adoption the text of the proposed rule, as permitted by section 
  8.3   14.14, subdivision 1a, paragraph (b), the legislative commission 
  8.4   to review administrative rules chief administrative law judge 
  8.5   may provide that the notice of the adopted rule need not include 
  8.6   the text of any changes from the proposed rule.  However, the 
  8.7   notice of adoption must state in detail the substance of the 
  8.8   changes made from the proposed rule, and must state that a free 
  8.9   copy of that the portion of the adopted rule that was the 
  8.10  subject of the rulemaking proceeding, not including any material 
  8.11  adopted by reference as permitted by section 14.07, is available 
  8.12  upon request to the agency. 
  8.13     Sec. 10.  Minnesota Statutes 1996, section 14.19, is 
  8.14  amended to read: 
  8.15     14.19 [DEADLINE TO COMPLETE RULEMAKING.] 
  8.16     The agency shall, Within 180 days after issuance of the 
  8.17  administrative law judge's report, the agency shall submit its 
  8.18  notice of adoption, amendment, or repeal to the State Register 
  8.19  for publication.  If the agency has not submitted its notice to 
  8.20  the State Register within 180 days, the rule is automatically 
  8.21  withdrawn.  The agency shall may not adopt the withdrawn rules 
  8.22  without again following the procedures of sections 14.05 to 
  8.23  14.28.  It shall report to the legislative coordinating 
  8.24  commission to review administrative rules, other appropriate 
  8.25  committees of the legislature, and the governor its failure to 
  8.26  adopt rules and the reasons for that failure.  The 180-day time 
  8.27  limit of this section does not include any days used for review 
  8.28  by the chief administrative law judge or the legislative 
  8.29  commission to review administrative rules if the review is 
  8.30  required by law.  
  8.31     Sec. 11.  Minnesota Statutes 1996, section 14.22, 
  8.32  subdivision 1, is amended to read: 
  8.33     Subdivision 1.  [CONTENTS.] (a) Unless an agency proceeds 
  8.34  directly to a public hearing on a proposed rule and gives the 
  8.35  notice prescribed in section 14.14, subdivision 1a, the agency 
  8.36  shall give notice of its intention to adopt a rule without 
  9.1   public hearing.  The notice shall must be given by publication 
  9.2   in the State Register and by United States mail to persons who 
  9.3   have registered their names with the agency pursuant to under 
  9.4   section 14.14, subdivision 1a.  The mailed notice shall must 
  9.5   include either a copy of the proposed rule or a description of 
  9.6   the its nature and effect of the proposed rule and an 
  9.7   announcement that a free copy of the proposed rule is available 
  9.8   on request from the agency.  Each agency may, at its own 
  9.9   discretion, also contact notify persons not on its list who may 
  9.10  be affected by the rule being proposed.  In addition, each 
  9.11  agency shall make reasonable efforts to notify persons or 
  9.12  classes of persons who may be significantly affected by the rule 
  9.13  by giving notice of its intention in newsletters, newspapers, or 
  9.14  other publications, or through other means of communication.  
  9.15  The notice in the State Register shall must include the proposed 
  9.16  rule or the amended rule in the form required by the revisor 
  9.17  under section 14.07, a citation to the most specific statutory 
  9.18  authority for the proposed rule, a statement that persons may 
  9.19  register with the agency for the purpose of receiving notice of 
  9.20  rule proceedings and notice that a rule has been submitted to 
  9.21  the chief administrative law judge, and other information as 
  9.22  required by law or rule.  When an entire rule is proposed to be 
  9.23  repealed, the notice need only state that fact, giving the 
  9.24  citation to the rule to be repealed in the notice.  The 
  9.25  notice shall must include a statement advising the public: 
  9.26     (1) that they have the public has 30 days in which to 
  9.27  submit comment in support of or in opposition to the proposed 
  9.28  rule and that comment is encouraged; 
  9.29     (2) that each comment should identify the portion of the 
  9.30  proposed rule addressed, the reason for the comment, and any 
  9.31  change proposed; 
  9.32     (3) that if 25 or more persons submit a written request for 
  9.33  a public hearing within the 30-day comment period, a public 
  9.34  hearing will be held; 
  9.35     (4) of the manner in which persons shall must request a 
  9.36  public hearing on the proposed rule; 
 10.1      (5) of the requirements contained in section 14.25 relating 
 10.2   to a written request for a public hearing, and that the 
 10.3   requester is encouraged to propose any change desired; 
 10.4      (6) that the proposed rule may be modified if the 
 10.5   modifications are supported by the data and views submitted; and 
 10.6      (7) that if a hearing is not required, notice of the date 
 10.7   of submission of the proposed rule to the chief administrative 
 10.8   law judge for review will be mailed to any person requesting to 
 10.9   receive the notice.  
 10.10     In connection with the statements required in clauses (1) 
 10.11  and (3), the notice must also include the date on which the 
 10.12  30-day comment period ends. 
 10.13     (b) The legislative commission to review administrative 
 10.14  rules chief administrative law judge may authorize an agency to 
 10.15  omit from the notice of intent to adopt the text of any proposed 
 10.16  rule, the publication of which would be unduly cumbersome, 
 10.17  expensive, or otherwise inexpedient if: 
 10.18     (1) knowledge of the rule is likely to be important to only 
 10.19  a small class of persons; 
 10.20     (2) the notice of intent to adopt states that a free copy 
 10.21  of the entire rule is available upon request to the agency; and 
 10.22     (3) the notice of intent to adopt states in detail the 
 10.23  specific subject matter of the omitted rule, cites the statutory 
 10.24  authority for the proposed rule, and details the proposed rule's 
 10.25  purpose and motivation. 
 10.26     Sec. 12.  Minnesota Statutes 1996, section 14.225, is 
 10.27  amended to read: 
 10.28     14.225 [DUAL NOTICE RULES.] 
 10.29     The attorney general, after consultation with the office of 
 10.30  chief administrative hearings, law judge shall adopt rules 
 10.31  prescribing the form and content of the notice authorized by 
 10.32  section 14.22, subdivision 2.  The rules may provide for a 
 10.33  consolidated notice that satisfies the requirements of sections 
 10.34  14.14, 14.22, and 14.50, and the requirements of the rules of 
 10.35  the office of administrative hearings and of the attorney 
 10.36  general. 
 11.1      Sec. 13.  Minnesota Statutes 1996, section 14.23, is 
 11.2   amended to read: 
 11.3      14.23 [STATEMENT OF NEED AND REASONABLENESS.] 
 11.4      Before the date of the section 14.22 notice, the agency 
 11.5   shall prepare a statement of need and reasonableness, which 
 11.6   shall must be available to the public.  The statement of need 
 11.7   and reasonableness must include the analysis required in section 
 11.8   14.131 and the comments and recommendations of the commissioner 
 11.9   of finance, and must address any fiscal and policy concerns 
 11.10  raised during the review process, as required by section 
 11.11  16A.1285.  The statement must also describe the agency's efforts 
 11.12  to provide additional notification to persons or classes of 
 11.13  persons who may be affected by the proposed rules or must 
 11.14  explain why these efforts were not made.  For at least 30 days 
 11.15  following the notice, the agency shall afford the public an 
 11.16  opportunity to request a public hearing and to submit data and 
 11.17  views on the proposed rule in writing. 
 11.18     The agency shall send a copy of the statement of need and 
 11.19  reasonableness to the legislative commission to review 
 11.20  administrative rules reference library when it becomes available 
 11.21  to the public.  
 11.22     Sec. 14.  Minnesota Statutes 1996, section 14.26, 
 11.23  subdivision 1, is amended to read: 
 11.24     Subdivision 1.  [SUBMISSION.] If no hearing is required, 
 11.25  the agency shall submit to an administrative law judge assigned 
 11.26  by the chief administrative law judge the proposed rule and 
 11.27  notice as published, the rule as proposed for adoption, any 
 11.28  written comments received by the agency, and a statement of need 
 11.29  and reasonableness for the rule.  The agency shall give notice 
 11.30  to all persons who requested to be informed that these materials 
 11.31  have been submitted to the administrative law judge.  This 
 11.32  notice shall must be given on the same day that the record is 
 11.33  submitted.  If the proposed rule has been modified, the notice 
 11.34  shall must state that fact, and shall must also state that a 
 11.35  free copy of the proposed rule, as modified, is available upon 
 11.36  request from the agency.  The rule and these materials shall 
 12.1   must be submitted to the administrative law judge within 180 
 12.2   days of the day that the comment period for the rule is over or 
 12.3   the rule is automatically withdrawn.  The agency shall report 
 12.4   its failure to adopt the rules and the reasons for that failure 
 12.5   to the legislative coordinating commission to review 
 12.6   administrative rules, other appropriate legislative committees, 
 12.7   and the governor.  
 12.8      Sec. 15.  Minnesota Statutes 1996, section 14.26, 
 12.9   subdivision 3, is amended to read: 
 12.10     Subd. 3.  [REVIEW.] (a) Within 14 days, the administrative 
 12.11  law judge shall, within 14 days, approve or disapprove the rule 
 12.12  as to its legality and its form to the extent that the form 
 12.13  relates to legality, including the issues of whether the rule if 
 12.14  modified is substantially different, as determined under section 
 12.15  14.05, subdivision 2, from the rule as originally proposed, 
 12.16  whether the agency has the authority to adopt the rule, and 
 12.17  whether the record demonstrates a rational basis for the need 
 12.18  for and reasonableness of the proposed rule.  If the rule is 
 12.19  approved, the administrative law judge shall promptly file two 
 12.20  copies of it in the office of the secretary of state.  The 
 12.21  secretary of state shall forward one copy of each rule to the 
 12.22  revisor of statutes.  If the rule is disapproved, the 
 12.23  administrative law judge shall state in writing the reasons for 
 12.24  the disapproval and make recommendations to overcome the defects.
 12.25     (b) The written disapproval must be submitted to the chief 
 12.26  administrative law judge for approval.  If the chief 
 12.27  administrative law judge approves of the findings of the 
 12.28  administrative law judge, the chief administrative law judge 
 12.29  shall send the statement of the reasons for disapproval of the 
 12.30  rule to the agency, the legislative coordinating commission to 
 12.31  review administrative rules, and the revisor of statutes and 
 12.32  advise the agency and the revisor of statutes of actions that 
 12.33  will correct the defects.  The rule shall may not be filed in 
 12.34  the office of the secretary of state, nor published, until the 
 12.35  chief administrative law judge determines that the defects have 
 12.36  been corrected or, if applicable, that the agency has satisfied 
 13.1   the rule requirements for the adoption of a substantially 
 13.2   different rule.  
 13.3      (c) If the chief administrative law judge determines that 
 13.4   the need for or reasonableness of the rule has not been 
 13.5   established, and if the agency does not elect to follow the 
 13.6   suggested actions of the chief administrative law judge to 
 13.7   correct that defect, then the agency shall submit the proposed 
 13.8   rule to the legislative coordinating commission to review 
 13.9   administrative rules for the commission's advice and comment.  
 13.10  The agency shall may not adopt the rule until it has received 
 13.11  and considered the advice of the commission.  However, the 
 13.12  agency is not required to wait for the commission's advice for 
 13.13  more than 60 days after the commission has received the agency's 
 13.14  submission.  
 13.15     (d) The administrative law judge shall disregard any error 
 13.16  or defect in the proceeding due to the agency's failure to 
 13.17  satisfy any procedural requirements imposed by law or rule if 
 13.18  the administrative law judge finds: 
 13.19     (1) that the failure did not deprive any person or entity 
 13.20  of an opportunity to participate meaningfully in the rulemaking 
 13.21  process; or 
 13.22     (2) that the agency has taken corrective action to cure the 
 13.23  error or defect so that the failure did not deprive any person 
 13.24  or entity of an opportunity to participate meaningfully in the 
 13.25  rulemaking process. 
 13.26     Sec. 16.  Minnesota Statutes 1996, section 14.47, 
 13.27  subdivision 6, is amended to read: 
 13.28     Subd. 6.  [OMISSION OF TEXT.] (a) For purposes of any 
 13.29  compilation or publication of the rules, the revisor, unless the 
 13.30  attorney general objects, may omit any extraneous descriptive or 
 13.31  informative text which that is not an operative portion of the 
 13.32  rule.  The revisor may also omit effective date provisions, 
 13.33  statements that a rule is repealed, prefaces, appendices, 
 13.34  guidelines, organizational descriptions, explanations of federal 
 13.35  or state law, and similar material.  The revisor shall consult 
 13.36  with the agency, the attorney general, the 
 14.1   legislative coordinating commission to review administrative 
 14.2   rules, and with the chief administrative law judge before 
 14.3   omitting any text from publication. 
 14.4      (b) For the purposes of any compilation or publication of 
 14.5   the rules, the revisor, unless the attorney general objects, may 
 14.6   omit any rules that, by their own terms, are no longer effective 
 14.7   or have been repealed directly by the agency, repealed by the 
 14.8   legislature, or declared unconstitutional or otherwise void by a 
 14.9   court of last resort.  The revisor shall not remove a rule which 
 14.10  is suspended and not fully repealed, but shall, if practicable, 
 14.11  note the fact of suspension in Minnesota Rules.  The revisor 
 14.12  shall consult the agency involved, the attorney general, the 
 14.13  chief administrative law judge, and the legislative coordinating 
 14.14  commission to review administrative rules before omitting a rule 
 14.15  from publication. 
 14.16     Sec. 17.  [REPEALER.] 
 14.17     Minnesota Statutes 1996, sections 3.842, subdivisions 4, 5, 
 14.18  6, and 7; 3.844; 3.845; and 15.065, are repealed.