Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 210--H.F.No. 745
           An act relating to the Administrative Procedure Act; 
          requiring certain notices to be sent to the 
          legislative commission to review administrative rules; 
          clarifying the duties of the revisor of statutes with 
          respect to approving the form of administrative rules; 
          increasing the time period for adopting a rule when 
          reviews by other agencies are necessary; establishing 
          a deadline for agency action with respect to rules 
          adopted without public hearing; clarifying other 
          provisions of the act; amending Minnesota Statutes 
          1982, sections 14.07; 14.08; 14.12; 14.14, subdivision 
          1; 14.15, subdivisions 1, 3 and 4; 14.17; 14.18; 
          14.19; 14.21; 14.22; 14.26; 14.32; 14.47, subdivisions 
          1, 5, and 8; and 14.52. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 14.07, is 
amended to read: 
    14.07 [FORM OF RULE.] 
    Subdivision 1.  [RULE DRAFTING ASSISTANCE PROVIDED.] The 
revisor of statutes shall:  
    (1) maintain an agency rules drafting department to draft 
or aid in the drafting of rules or amendments to rules for any 
agency in accordance with subdivision 3 and the objective or 
other instructions which the agency shall give the revisor; and, 
    (2) prepare and publish an agency rules drafting guide 
which shall set out the form and method for drafting rules and 
amendments to rules, and to which all rules shall comply.  
    Subd. 2.  [APPROVAL OF FORM.] No procedure agency decision 
to adopt a rule, or temporary rule, or emergency rule, shall be 
initiated by any agency until effective unless the agency 
presents it has presented the rule to the revisor of statutes 
and the revisor certifies has certified that its form is 
approved.  The revisor may assist in drafting rules as provided 
by subdivision 3.  
    Subd. 3.  [STANDARDS FOR FORM.] In determining the drafting 
form of rules the revisor shall: 
    (1) minimize duplication of statutory language; 
    (2) not permit incorporations into the rules by reference 
of publications or other documents which are not conveniently 
available to the public; 
    (3) to the extent practicable, use plain language in rules 
and avoid technical language; and 
    (4) amend rules by showing the text portion of the rule, 
paragraph, clause, or other part of a rule being amended as 
necessary to provide adequate notice of the nature of the 
proposed amendment, as it is shown in the latest compilation or 
supplement, or, if not yet published in a compilation or 
supplement, then as the text is shown in the state register 
files of the secretary of state, with changes shown by striking 
and underlining words. 
    Subd. 4.  [INCORPORATIONS BY REFERENCE.] (a) An agency may 
incorporate by reference into its rules the text from Minnesota 
Statutes, Minnesota Rules, United States Statutes at Large, 
United States Code, Laws of Minnesota, Code of Federal 
Regulations, the Federal Register, and other publications and 
documents which are determined by the revisor of statutes, after 
consultation with the chief hearing examiner, to be conveniently 
available to the public.  The agency must provide information 
necessary for the revisor's determination of availability.  When 
presented with a rule for certification pursuant to subdivision 
2 and this subdivision, the revisor of statutes should indicate 
in the certification that the rule incorporates by reference 
text from other publications or documents.  If the revisor 
certifies that the form of a rule is approved, that approval 
constitutes the revisor's finding that the text of a publication 
or other document other than those one listed by name in this 
subdivision, and which are is incorporated by reference into the 
rules, are is conveniently available to the public. 
    (b) For the purposes of paragraph (a), "conveniently 
available to the public" means available for loan or inspection 
and copying to a person living anywhere in Minnesota through a 
statewide interlibrary loan system or in a public library 
without charge except for reasonable copying fees and mailing 
costs.  
    Subd. 5.  [DUPLICATION OF STATUTORY LANGUAGE.] No agency 
shall adopt a rule which duplicates language contained in 
Minnesota Statutes unless either the hearing examiner, for rules 
adopted pursuant to sections 14.13 to 14.20, or the attorney 
general, for rules adopted pursuant to sections 14.21 to 14.36, 
determines that duplication of the language is crucial to the 
ability of a person affected by a rule to comprehend its meaning 
and effect.  When presented with a rule for certification 
pursuant to subdivisions 2 and 4, the revisor of statutes should 
indicate in the certification that the rule duplicates statutory 
language. 
    Subd. 6.  [STYLE AND FORM REVISIONS.] The revisor of 
statutes shall may periodically prepare style and form revisions 
of rules to clarify, modernize, or simplify the text without 
material change to the rules' substance or effect.  Before 
beginning any revision, the revisor shall consult the agency 
whose rules will be subject to the revision.  After the revision 
is prepared, the revisor shall present it to the agency and 
receive its consent to proceed to seek adoption of the 
revision.  Upon receiving consent, the revisor shall seek 
adoption of the rules in accordance with sections 14.05 to 
14.36.  However, the need and reasonableness statement and any 
hearing shall be restricted to the issue of whether any material 
change in the substance and effect of the rule is proposed by 
the revisor.  The revisor shall mail notice of any hearing to 
the persons registered with the agency whose rules are the 
subject of the revision.  The revisor shall pay all costs to 
publish notices in the State Register and to replenish the 
agency's stock of rules which exist at the time the revisor 
adopts the revised rules. 
     Subd. 7.  [TECHNICAL CHANGES.] The revisor may approve the 
form of a rule amendment which does not meet the requirements of 
subdivision 3, clause (4), if, in the revisor's judgment, the 
amendment does not change the substance of the rule and the 
amendment is:  
     (a) a relettering or renumbering instruction;  
     (b) the substitution of one name for another when an 
organization or position is renamed;  
     (c) the substitution of a reference to Minnesota Statutes 
for a corresponding reference to Laws of Minnesota;  
     (d) the correction of a citation to rules or laws which has 
become inaccurate since the rule was adopted because of 
repealing or renumbering of the rule or law cited; or 
    (e) the correction of a similar formal defect.  
    This subdivision does not limit the revisor's authority to 
make the changes described in clauses (a) to (e) during the 
publication process under section 14.47.  
     Sec. 2.  Minnesota Statutes 1982, section 14.08, is amended 
to read: 
    14.08 [REVISOR OF STATUTE'S APPROVAL OF RULE FORM.] 
    (a) For the purpose of obtaining the revisor's certificate 
of approval of the form of a rule prior to filing the rule with 
the secretary of state, a copy two copies of the rule shall be 
submitted by the agency to the attorney general.  The attorney 
general shall send one copy of the rule to the revisor on the 
same day as it is submitted by the agency to the attorney 
general as required by sections 14.16, 14.26, and 14.32.  Within 
five days after receipt of the rule, excluding weekends and 
holidays, the revisor shall either deliver the certificate and 
return the rule with a certificate of approval to the attorney 
general or notify the attorney general and the agency that the 
form of the rule will not be approved.  The revisor's 
certificate shall be attached to the rules filed with the 
secretary of state.  
    (b) If the attorney general disapproves the rule, the 
revisor's certificate shall be returned to the revisor by the 
attorney general.  If, after the attorney general disapproves 
the rule, the agency modifies may modify it,.  After the chief 
hearing examiner's review, if any, the agency shall submit two 
copies of the modified rule to the attorney general who shall 
send a copy to the revisor for approval as to form as described 
in paragraph (a). 
    (c) If the revisor refuses to approve the form of any 
rules, the revisor's notice to the agency and the attorney 
general shall indicate the reason for the refusal and specify 
the modifications necessary so the form of the rules will be 
approved.  
    Sec. 3.  Minnesota Statutes 1982, section 14.12, is amended 
to read:  
    14.12 [DEADLINE TO PUBLISH NOTICE.] 
    The agency shall, within six months 180 days after the 
effective date of a law requiring rules to be promulgated, 
unless otherwise specified by law, publish an appropriate notice 
of intent to adopt a rule in accordance with sections 14.04 to 
14.36.  If an agency has not given this notice, it shall report 
to the legislative commission to review administrative rules, 
other appropriate committees of the legislature, and the 
governor its failure to do so, and the reasons for that failure. 
    Sec. 4.  Minnesota Statutes 1982, section 14.14, 
subdivision 1, is amended to read:  
    Subdivision 1.  [REQUIRED HEARING.] Except as otherwise 
provided in chapter 14, no rule, other than a rule setting a fee 
covered by section 16A.128 or 214.06, shall be adopted by any 
agency unless the agency first holds a public hearing affording 
all affected interests an opportunity to participate.  Fee 
adjustments authorized under section 16A.128 or 214.06 may be 
made by rule without a public hearing when the total fees 
received during the fiscal biennium will not exceed 110 percent 
of the sum of all direct appropriations, transfers in, and 
salary supplements for that purpose for the biennium.  
     Subd. 1a.  [NOTICE OF RULE HEARING.] Each agency shall 
maintain a list of all persons who have registered with the 
agency for the purpose of receiving notice of rule hearings.  
The agency may inquire as to whether those persons on the list 
wish to maintain their names thereon and may remove names for 
which there is a negative reply or no reply within 60 days.  The 
agency shall, at least 30 days prior to the date set for the 
hearing, give notice of its intention to adopt rules by United 
States mail to all persons on its list, and by publication in 
the State Register.  The mailed notice shall include either a 
copy of the proposed rule or a description of the nature and 
effect of the proposed rule and an announcement that a free copy 
of the proposed rule is available on request from the agency.  
Each agency may, at its own discretion, also contact persons not 
on its list and may give notice of its intention in newsletters, 
newspapers or other publications or through other means of 
communication.  The notice in the State Register shall include 
the proposed rule or an amended rule in the form provided in 
required by the revisor under section 14.07, subdivision 3, 
together with a citation to the most specific statutory 
authority for the proposed rule, a statement of the place, date, 
and time of the public hearing, and other information as 
required by law or rule.  When an entire rule is proposed to be 
repealed, the agency need only publish that fact, giving the 
citation to the rule to be repealed in the notice. 
    Sec. 5.  Minnesota Statutes 1982, section 14.15, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TIME OF PREPARATION.] After allowing 
written material to be submitted and recorded in the hearing 
record for five working days after the public hearing ends, or 
for a longer period not to exceed 20 days if ordered by the 
hearing examiner, the hearing examiner assigned to the hearing 
shall write a report as provided for in section 14.50.  The 
hearing examiner shall allow the agency three business days 
after the closing of the hearing record to indicate in writing 
whether there are amendments suggested by other persons which 
the agency is willing to adopt.  The agency may not submit 
additional information during this three-day period.  The 
written acceptance of other amendments shall be added to the 
hearing record.  
    Sec. 6.  Minnesota Statutes 1982, section 14.15, 
subdivision 3, is amended to read: 
    Subd. 3.  [FINDING OF SUBSTANTIAL CHANGE.] If the report 
contains a finding that a rule has been modified in a way which 
makes it substantially different from that which was originally 
proposed, or that the agency has not met the requirements of 
sections 14.13 to 14.18, it shall be submitted to the chief 
hearing examiner for approval.  If the chief hearing examiner 
approves the finding of the hearing examiner, the chief hearing 
examiner shall advise the agency and the revisor of statutes of 
actions which will correct the defects, and.  The agency shall 
not adopt the rule until the chief hearing examiner determines 
that the defects have been corrected. 
    Sec. 7.  Minnesota Statutes 1982, section 14.15, 
subdivision 4, is amended to read: 
    Subd. 4.  [NEED OR REASONABLENESS NOT ESTABLISHED.] If the 
chief hearing examiner determines that the need for or 
reasonableness of the rule has not been established pursuant to 
section 14.14, subdivision 2, and if the agency does not elect 
to follow the suggested actions of the chief hearing examiner to 
correct that defect, then the agency shall submit the proposed 
rule to the legislative commission to review administrative 
rules for the commission's advice and comment.  The agency shall 
not adopt the rule until it has received and considered the 
advice of the commission.  However, the agency is not required 
to delay adoption longer than 30 days after the commission has 
received the agency's submission.  Advice of the commission 
shall not be binding on the agency. 
    Sec. 8.  Minnesota Statutes 1982, section 14.17, is amended 
to read: 
    14.17 [ATTORNEY GENERAL'S APPROVAL.] 
    The attorney general shall, within 20 days, either approve 
or disapprove the rule. 
    If the rule is approved, the attorney general shall 
promptly file two copies of it in the office of the secretary of 
state with the revisor's certificate approving the form of the 
rule.  The secretary of state shall forward one copy of each 
rule filed to the revisor of statutes.  
    If the rule is disapproved, the attorney general shall 
state in writing the reasons and return the rule to the agency.  
The attorney general shall also send a statement of reasons for 
disapproving the rule to the agency, the revisor of statutes, 
the chief hearing examiner, and the legislative commission to 
review administrative rules.  The rule shall neither be filed in 
the office of the secretary nor published.  Upon receiving a 
rule disapproved as illegal, the agency shall either withdraw 
the rule under section 14.05, subdivision 3 or modify the rule 
to cure the illegality.  If the rule is modified, it shall be 
submitted to the chief hearing examiner who shall determine if 
the modified rule is substantially different from the rule as 
originally proposed.  The agency shall not resubmit the rule to 
the attorney general until the chief hearing examiner determines 
that the rule is not substantially different from the rule as 
originally proposed.  
    Sec. 9.  Minnesota Statutes 1982, section 14.18, is amended 
to read: 
    14.18 [PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE.] 
    A rule is effective after it has been subjected to all 
requirements described in sections 14.13 to 14.20 and five 
working days after the notice of adoption is published in the 
State Register unless a later date is required by law or 
specified in the rule.  If the rule adopted is the same as the 
proposed rule, publication may be made by publishing notice in 
the State Register that the rule has been adopted as proposed 
and by citing the prior publication.  If the rule adopted 
differs from the proposed rule, the text of that portion 
portions of the adopted rule which differs differ from the 
proposed rule shall be included in the notice of adoption 
together with a citation to the prior State Register publication 
of the remainder of the proposed rule.  The nature of the 
modifications must be clear to a reasonable person when the 
notice of adoption is considered together with the State 
Register publication of the proposed rule, except that 
modifications may also be made which comply with the form 
requirements of section 14.07, subdivision 7.  
    Sec. 10.  Minnesota Statutes 1982, section 14.19, is 
amended to read: 
    14.19 [DEADLINE TO COMPLETE RULEMAKING.] 
    The agency shall, within six months 180 days after issuance 
of the hearing examiner's report publish, submit its notice of 
adoption, amendment, suspension, or repeal in to the State 
Register for publication.  If the agency has not filed submitted 
the rules with the secretary of state and published its notice 
in to the State Register within six months 180 days, the rule is 
automatically withdrawn.  The agency shall not adopt the 
withdrawn rules without again following the procedures of 
sections 14.05 to 14.36.  It shall report to the legislative 
commission to review administrative rules, other appropriate 
committees of the legislature, and to the governor its failure 
to adopt rules and the reasons for that failure.  The 180-day 
time limit of this section does not include any days used for 
review by the chief hearing examiner, the attorney general, or 
the legislative commission to review administrative rules if the 
review is required by law.  
    Sec. 11.  Minnesota Statutes 1982, section 14.21, is 
amended to read: 
    14.21 [AUTHORITY FOR USE OF NONCONTROVERSIAL RULES 
PROCEDURE.] 
    When an agency determines that its proposed adoption, 
amendment, suspension or repeal of a rule will be 
noncontroversial in nature, it may utilize the provisions of 
sections 14.21 to 14.28 rather than the provisions of sections 
14.11 14.13 to 14.20.  
    Sec. 12.  Minnesota Statutes 1982, section 14.22, is 
amended to read: 
    14.22 [NOTICE OF PROPOSED ADOPTION OF RULES.] 
    The agency shall give notice of its intention to adopt a 
rule without public hearing.  The notice shall be given by 
publication in the State Register and by United States mail to 
persons who have registered their names with the agency pursuant 
to section 14.14, subdivision 1.  The mailed notice shall 
include either a copy of the proposed rule or a description of 
the nature and effect of the proposed rule and an announcement 
that a free copy of the proposed rule is available on request 
from the agency.  The notice in the State Register shall include 
the proposed rule or the amended rule in the form provided in 
required by the revisor under section 14.07, subdivision 3 and a 
citation to the most specific statutory authority for the 
proposed rule.  When an entire rule is proposed to be repealed, 
the notice need only state that fact, giving the citation to the 
rule to be repealed in the notice.  The notice shall include a 
statement advising the public: 
    (1) that they have 30 days in which to submit comment on 
the proposed rule; 
    (2) that no public hearing will be held unless seven or 
more persons make a written request for a hearing within the 30 
day comment period; 
    (3) of the manner in which persons shall request a hearing 
on rules proposed pursuant to sections 14.21 to 14.28; and 
    (4) that the rule may be modified if modifications are 
supported by the data and views submitted. 
    Sec. 13.  Minnesota Statutes 1982, section 14.26, is 
amended to read: 
    14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY 
GENERAL.] 
    If no hearing is required, the agency shall submit to the 
attorney general the proposed rule and notice as published, the 
rule as proposed for adoption, any written comments received by 
the agency, and a statement of need and reasonableness for the 
rule.  The agency shall give notice to all persons who requested 
to be informed that these materials have been submitted to the 
attorney general.  This notice shall be given on the same day 
that the record is submitted.  The rule and these materials 
shall be submitted to the attorney general within 180 days of 
the day that the comment period for the rule is over or the rule 
is automatically withdrawn.  The agency shall report its failure 
to adopt the rules and the reasons for that failure to the 
legislative commission to review administrative rules, other 
appropriate legislative committees, and the governor.  
     Even if the 180-day period expires while the attorney 
general reviews the rule, if the attorney general rejects the 
rule, the agency may resubmit it after taking corrective 
action.  The resubmission must occur within 30 days of when the 
agency receives written notice of the disapproval.  If the rule 
is again disapproved, the rule is withdrawn.  An agency may 
resubmit at any time before the expiration of the 180-day 
period.  If the agency withholds some of the proposed rule, it 
may not adopt the withheld portion without again following the 
procedures of sections 14.13 to 14.20, 14.21 to 14.28, or 14.29 
to 14.36.  
    The attorney general shall approve or disapprove the rule 
as to its legality and its form to the extent the form relates 
to legality, including the issue of substantial change, within 
14 days.  If the rule is approved, the attorney general shall 
promptly file two copies of it in the office of the secretary of 
state.  The secretary of state shall forward one copy of each 
rule to the revisor of statutes.  If the rule is disapproved, 
the attorney general shall state in writing the reasons, and the 
rule shall not be filed in the office of the secretary of state, 
nor published.  The attorney general shall send a statement of 
reasons for disapproval of the rule to the agency, the chief 
hearing examiner, the legislative commission to review 
administrative rules, and to the revisor of statutes.  
    Sec. 14.  Minnesota Statutes 1982, section 14.32, is 
amended to read: 
    14.32 [SUBMISSION TO ATTORNEY GENERAL.] 
    The agency shall submit to the attorney general the 
proposed temporary rule as published, with any modifications.  
The attorney general shall review the proposed temporary rule as 
to its legality, review its form to the extent the form relates 
to legality, and shall approve or disapprove the proposed 
temporary rule and any modifications within five working days.  
The attorney general shall send a statement of reasons for 
disapproval of the rule to the agency, the chief hearing 
examiner, the legislative commission to review administrative 
rules, and to the revisor of statutes. 
    Sec. 15.  Minnesota Statutes 1982, section 14.47, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PLAN OF PUBLICATION AND SUPPLEMENTATION.] 
The revisor of statutes shall: 
    (1) formulate a plan for the compilation of all permanent 
agency rules and, to the extent practicable, temporary agency 
rules, adopted pursuant to the administrative procedure act or 
filed pursuant to the provisions of section 14.38, subdivisions 
5 to 9 which were in effect at the time the rules were filed or 
subdivision 11, including their order, classification, 
arrangement, form, and indexing, and any appropriate tables, 
annotations, cross references, citations to applicable statutes, 
explanatory notes, and other appropriate material to facilitate 
use of the rules by the public, and for the compilation's 
composition, printing, binding and distribution; 
    (2) publish the compilation of permanent agency rules and, 
if practicable, temporary rules, adopted pursuant to the 
administrative procedure act or filed pursuant to the provisions 
of section 14.38, subdivisions 5 to 9 which were in effect at 
the time the rules were filed or subdivision 11, which shall be 
called "Minnesota Rules"; 
    (3) periodically either publish a supplement or a new 
compilation, which includes all rules adopted since the last 
supplement or compilation was published and removes rules 
incorporated in prior compilations or supplements which are no 
longer effective; 
    (4) include in Minnesota Rules a consolidated list of 
publications and other documents incorporated by reference into 
the rules after June 30, 1981, and found conveniently available 
by the revisor under section 14.07, subdivision 4, indicating 
where the publications or documents are conveniently available 
for use or purchase by to the public; and, 
    (5) copyright any compilations and or supplements in the 
name of the state of Minnesota. 
    Sec. 16.  Minnesota Statutes 1982, section 14.47, 
subdivision 5, is amended to read: 
    Subd. 5.  [POWERS OF REVISOR.] (a) In preparing a 
compilation or supplement, the revisor may renumber rules, 
paragraphs, clauses or other parts of a rule; combine or divide 
rules, paragraphs, clauses or other parts of a rule; rearrange 
the order of rules, paragraphs, clauses, or other parts of a 
rule; move paragraphs, clauses, or other parts of a rule to 
another rule; remove redundant language; make minor punctuation 
and grammatical changes to facilitate the renumbering, 
combining, dividing, and rearranging of rules or parts of rules; 
change reference numbers to agree with renumbered rules, 
paragraphs, clauses or other parts of a rule; change reference 
numbers to agree with renumbered statutes or parts of statutes; 
substitute the proper rule, paragraph, clause, or other part of 
a rule for the term "this rule," "the preceding rule" and the 
like; substitute numbers for written words and written words for 
numbers; substitute the term "rule" for the term "regulation" 
when "regulation" refers to a Minnesota rule; substitute the 
date on which the rule becomes effective for the words "the 
effective date of this rule," and the like; change 
capitalization, punctuation, and forms of citation for the 
purpose of uniformity; convert citations of Laws of Minnesota to 
citations of Minnesota Statutes; correct manifest clerical or 
typographical errors; correct all misspelled words; and correct 
manifest grammatical and punctuation errors; and make other 
editorial changes to ensure the accuracy and utility of the 
compilation or supplement. 
    (b) The revisor shall provide headnotes as catch words to 
rules and, if appropriate, to paragraphs, clauses, or other 
parts of a rule.  The headnotes are not part of the rule even if 
included with the rule when adopted.  The revisor shall change 
headnotes to clearly indicate the subject matter of the rules.  
"Headnote" means any text functioning as catch words to the 
substance of text and not itself communicating the substantive 
content of the rule. 
    Sec. 17.  Minnesota Statutes 1982, section 14.47, 
subdivision 8, is amended to read: 
    Subd. 8.  [SALES AND DISTRIBUTION OF COMPILATION.] Any 
compilation, reissue, or supplement published by the revisor 
shall be sold by the revisor for a reasonable fee and its 
proceeds deposited in the general fund.  An agency shall 
purchase from the revisor the number of copies of the 
compilation or supplement needed by the agency.  The revisor 
shall provide one copy of any compilation or supplement to all 
Minnesota county libraries and to any public library upon its 
request each county library maintained pursuant to section 
134.12 or 375.33 upon its request, except in counties containing 
cities of the first class.  If a county has not established a 
county library pursuant to section 134.12 or 375.33, the copy 
will be provided to any public library in the county upon its 
request. 
    Sec. 18.  Minnesota Statutes 1982, section 14.52, is 
amended to read: 
    14.52 [COURT REPORTERS; AUDIO RECORDINGS.] 
    The office of administrative hearings may maintain a court 
reporter system and in addition to or in lieu thereof may 
contract with nongovernmental sources for court reporter 
services.  The court reporters may additionally be utilized as 
the chief hearing examiner directs.  Unless the chief hearing 
examiner determines that the use of a court reporter is more 
appropriate, an audio magnetic recording device shall be used to 
keep a record at any hearing which takes place under this 
chapter.  In all cases arising under chapter 176, the chief 
hearing examiner shall use audio magnetic recording devices to 
keep the record of hearings except when there are more than two 
primary parties in a case and the chief hearing examiner 
determines that the use of a court reporter is more 
appropriate.  If the chief hearing examiner determines that the 
use of a court reporter is more appropriate, the cost of the 
court reporter shall be paid by the state.  If the chief hearing 
examiner determines that the use of an audio magnetic recording 
device is more appropriate in a hearing under chapter 176, any 
party to that hearing may provide a court reporter at the 
party's expense.  Court reporters provided by a party shall be 
selected from the chief hearing examiner's list of 
nongovernmental sources.  
    The fee charged by a court reporter to a party shall not 
exceed the fee which would be charged to the state pursuant to 
the court reporter's contract with the state.  
    Court reporters serving in the court reporter system of the 
office of administrative hearings shall be in the classified 
service.  Notwithstanding the provisions of section 15.17, 
subdivision 4, copies of transcriptions of hearings conducted 
pursuant to sections 14.48 to 14.56 may be obtained only through 
the office of administrative hearings. 
    The departmental and classification seniority of an 
individual who was employed as a court reporter in state service 
prior to his appointment as a court reporter in the office of 
administrative hearings pursuant to Laws 1975, chapter 380, 
section 16, shall carry forward and be credited to his 
employment with the office of administrative hearings. 
    Approved May 20, 1983