Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 640-S.F.No. 1864 
           An act relating to state government; providing for 
          unclassified positions; amending the Administrative 
          Procedure Act; amending Minnesota Statutes 1982, 
          sections 14.03, subdivision 2; 14.10; 14.14, by adding 
          a subdivision; 14.16; 14.23; 14.25; 14.29; 14.30; 
          14.31; 14.33; 14.35; 14.36; 14.38, subdivision 1; and 
          14.44; Minnesota Statutes 1983 Supplement, sections 
          14.07, subdivisions 2 and 4; 14.08; 14.12; 14.14, 
          subdivision 1; 14.15, subdivision 1; 14.22; 14.26; 
          14.32; 14.45; and 43A.08, subdivision 1a; proposing 
          new law coded in Minnesota Statutes, chapter 14; 
          repealing Minnesota Statutes 1982, section 14.13; and 
          Minnesota Statutes 1983 Supplement, sections 14.07, 
          subdivision 5; 14.17; and 14.21. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 14.03, 
subdivision 2, is amended to read:  
    Subd. 2.  [CONTESTED CASE PROCEDURE.] The contested case 
procedures of the administrative procedure act provided in 
sections 14.57 to 14.70 do not apply to (a) the Minnesota 
municipal board, (b) the corrections board, (c) the unemployment 
insurance program and the social security disability 
determination program in the department of economic security, 
(d) the director of mediation services, (e) the workers' 
compensation division in the department of labor and industry, 
(f) the workers' compensation court of appeals, (g) the board of 
pardons, or (h) the public employment relations board.  
    Sec. 2.  Minnesota Statutes 1983 Supplement, section 14.07, 
subdivision 2, is amended to read: 
    Subd. 2.  [APPROVAL OF FORM.] No agency decision to adopt a 
rule or temporary emergency rule, including a decision to amend 
or modify a proposed rule or proposed emergency rule, shall be 
effective unless the agency has presented the rule to the 
revisor of statutes and the revisor has certified that its form 
is approved.  
    Sec. 3.  Minnesota Statutes 1983 Supplement, section 14.07, 
subdivision 4, is amended to read: 
    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 If the rule 
incorporates by reference other publications and documents, the 
rule must contain a statement of incorporation.  The statement 
of incorporation by reference must include the words 
"incorporated by reference"; must identify by title, author, 
publisher, and date of publication the standard or material to 
be incorporated; must state whether the material is subject to 
frequent change; and must contain a statement 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 publication 
or other document other than one listed by name in this 
subdivision, and which is incorporated by reference into the 
rules, 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. 
    Sec. 4.  Minnesota Statutes 1983 Supplement, 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, Two copies of the a rule adopted 
pursuant to the provisions of section 14.26 or 14.32 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, under section 14.26, and 
or 14.32.  Within five days after receipt of the rule, excluding 
weekends and holidays, the revisor shall either return the rule 
with a certificate of approval of the form of the rule to the 
attorney general or notify the attorney general and the agency 
that the form of the rule will not be approved.  
    (b) If the attorney general disapproves the a rule, the 
agency may modify it.  After the chief hearing examiner's 
review, if any, and 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 this 
paragraph (a). 
    (b) One copy of a rule adopted after a public hearing shall 
be submitted by the agency to the revisor for approval of the 
form of the rule.  Within five working days after receipt of the 
rule, the revisor shall either return the rule with a 
certificate of approval to the agency or notify the agency that 
the form of the rule will not be approved.  
    (c) If the revisor refuses to approve the form of any rules 
the rule, 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 rule will 
be approved.  
    Sec. 5.  Minnesota Statutes 1982, section 14.10, is amended 
to read: 
    14.10 [SOLICITATION OF OUTSIDE INFORMATION.] 
    When an agency seeks to obtain information or opinions in 
preparing to propose the adoption, amendment, suspension, or 
repeal of a rule from sources outside of the agency, the agency 
shall publish notice of its action in the state register and 
shall afford all interested persons an opportunity to submit 
data or views on the subject of concern in writing or orally.  
Such notice and any written material received by the agency 
shall become a part of the hearing rulemaking record to be 
submitted to the attorney general or hearing examiner under 
section 14.16 sections 14.14, 14.26, or 14.32. 
    Sec. 6.  Minnesota Statutes 1983 Supplement, section 14.12, 
is amended to read: 
    14.12 [DEADLINE TO PUBLISH NOTICE.] 
    The agency shall, within 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 14.05 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. 7.  [14.131] [STATEMENT OF NEED AND REASONABLENESS.] 
    Subdivision 1.  [CONTENT OF STATEMENT.] Before the agency 
orders the publication of a rulemaking notice required by 
section 14.14, subdivision 1a, the agency must prepare, review, 
and make available for public review a statement of the need for 
and reasonableness of the rule.  The statement of need and 
reasonableness must be prepared under rules adopted by the chief 
hearing examiner.  
    Sec. 8.  Minnesota Statutes 1983 Supplement, section 14.14, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIRED HEARING.] Except as otherwise 
provided in chapter 14, no rule may be adopted by any agency 
unless the agency first holds When a public hearing is required 
under section 14.25 or when an agency decides to proceed 
directly to a public hearing, the agency shall proceed under the 
provisions of sections 14.14 to 14.20 and hold a public hearing 
affording all affected interests an opportunity to participate. 
    Sec. 9.  Minnesota Statutes 1982, section 14.14, is amended 
by adding a subdivision to read:  
    Subd. 2a.  [HEARING PROCEDURE.] When a hearing is held on a 
proposed rule, it shall be conducted by a hearing examiner 
assigned by the chief hearing examiner.  The hearing examiner 
shall ensure that all persons involved in the rule hearing are 
treated fairly and impartially.  The agency shall submit into 
the record the jurisdictional documents, including the statement 
of need and reasonableness, and any written exhibits in support 
of the proposed rule.  The agency may also present additional 
oral evidence.  Interested persons may present written and oral 
evidence.  The hearing examiner shall allow questioning of 
agency representatives or witnesses, or of interested persons 
making oral statements, in order to explain the purpose or 
intended operation of a proposed rule, or a suggested 
modification, or for other purposes if material to the 
evaluation or formulation of the proposed rule.  The hearing 
examiner may limit repetitive or immaterial oral statements and 
questioning.  
    Sec. 10.  Minnesota Statutes 1983 Supplement, 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.  Prior to 
writing the report, the hearing examiner shall allow the agency 
and interested persons three business days after the closing of 
the hearing record submission period ends to respond in writing 
to any new information submitted.  During the three-day period, 
the agency may 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 
evidence may not be submitted during this three-day period.  The 
written acceptance of other amendments responses shall be added 
to the hearing rulemaking record.  
    Sec. 11.  Minnesota Statutes 1982, section 14.16, is 
amended to read: 
    14.16 [ADOPTION OF RULE; MODIFICATIONS OF PROPOSED RULE; 
SUBMISSION TO ATTORNEY GENERAL CHIEF HEARING EXAMINER; FILING OF 
RULE.] 
    If, after completion of the hearing examiner's report, the 
agency adopts the rule as recommended by the hearing examiner, 
the rule shall be submitted with the complete hearing record to 
the attorney general, who shall review the rule as to its 
legality and review its form to the extent the form relates to 
legality.  
    If the agency modifies the rule in a manner other than that 
recommended by the hearing examiner, it shall submit the rule as 
originally proposed and as modified with the complete hearing 
record to the chief hearing examiner for a review of the 
modifications prior to adopting the modified rule and submitting 
it to the attorney general for review.  
    Subdivision 1.  [REVIEW OF MODIFICATIONS.] If the report of 
the hearing examiner finds no defects, the agency may proceed to 
adopt the rule.  After receipt of the hearing examiner's report, 
if the agency makes any modifications to the rule other than 
those recommended by the hearing examiner, it must return the 
rule to the chief hearing examiner for a review on the issue of 
substantial change.  If the chief hearing examiner determines 
that the modified rule is substantially different from that 
which was originally proposed, the chief hearing examiner shall 
advise the agency of actions which will correct the defects.  
The agency shall not adopt the modified rule until the chief 
hearing examiner determines that the defects have been corrected.
    The agency shall give notice to all persons who requested 
to be informed that the hearing record rule has been submitted 
to the attorney general adopted and filed with the secretary of 
state.  This notice shall be given on the same day that the 
record is submitted rule is filed.  
    Subd. 2.  [CORRECTION OF DEFECTS.] If the chief hearing 
examiner approves the hearing examiner's finding of a defect and 
advises the agency of actions which will correct the defect 
pursuant to subdivision 3 of section 14.15, the agency must 
either withdraw the rule or make the modifications required. The 
agency shall then resubmit the rule to the chief hearing 
examiner for a determination as to whether the defects have been 
corrected.  
    Subd. 3.  [FILING.] After the agency has adopted the rule, 
the agency 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 filed to the revisor of statutes.  
    Sec. 12.  Minnesota Statutes 1983 Supplement, section 
14.22, is amended to read: 
    14.22 [NOTICE OF PROPOSED ADOPTION OF RULES.] 
    Unless an agency proceeds directly to a public hearing on a 
proposed rule and gives the notice prescribed in section 14.14, 
subdivision 1a, the agency shall give notice of its intention to 
adopt a rule without public hearing.  The notice 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 1a.  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 
required by the revisor under section 14.07, 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 in 
support of or in opposition to the proposed rule and that 
comment is encouraged; 
    (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 each comment should identify the portion of 
the proposed rule addressed, the reason for the comment, and any 
change proposed; 
    (3) that if 25 or more persons submit a written request for 
a public hearing within the 30-day comment period, a public 
hearing will be held;  
    (4) of the manner in which persons shall request a public 
hearing on rules proposed pursuant to sections 14.21 to 14.28 
the proposed rule; and 
    (5) that any person requesting a public hearing should 
state his or her name and address, and is encouraged to identify 
the portion of the proposed rule addressed, the reason for the 
request, and any change proposed;  
    (4) (6) that the proposed rule may be modified if the 
modifications are supported by the data and views submitted; and 
    (7) that if a hearing is not required, notice of the date 
of submission of the proposed rule to the attorney general for 
review will be mailed to any person requesting to receive the 
notice.  
    Sec. 13.  Minnesota Statutes 1982, section 14.23, is 
amended to read: 
    14.23 [STATEMENT OF NEED AND REASONABLENESS.] 
    Before the date of the section 14.22 notice, the agency 
shall prepare a statement of need and reasonableness which shall 
be available to the public.  For at least 30 days following the 
notice, the agency shall afford all interested persons an 
opportunity to object to the lack of request a public hearing 
and to submit data and views on the proposed rule in writing. 
    Sec. 14.  Minnesota Statutes 1982, section 14.25, is 
amended to read:  
    14.25 [OBJECTIONS TO PROPOSED RULE PUBLIC HEARING 
REQUIRED.] 
    If, during the 30 day period allowed for comment, seven 25 
or more persons submit to the agency a written request for a 
public hearing of the proposed rule, the agency shall proceed 
under the provisions of sections 14.13 14.14 to 14.20.  If a 
hearing is required, and a notice of the public hearing shall be 
published in the state register.  Unless the agency has modified 
the proposed rule, the notice need not include the text of the 
proposed rule but only a citation to the state register pages 
where the text appears. 
    Sec. 15.  Minnesota Statutes 1983 Supplement, 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.  If the proposed rule has been 
modified, the notice shall state that fact, and shall state that 
a free copy of the proposed rule, as modified, is available upon 
request from the agency.  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 14.14 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, and 
determine whether the agency has the authority to adopt the rule 
and whether the record demonstrates a rational basis for the 
need for and reasonableness of the proposed rule 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 make 
recommendations to overcome the deficiencies, and the rule shall 
not be filed in the office of the secretary of state, nor 
published until the deficiencies have been overcome.  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. 16.  Minnesota Statutes 1982, section 14.29, is 
amended to read:  
    14.29 [AUTHORITY FOR USE OF TEMPORARY EMERGENCY RULES 
PROCEDURE; EXPIRATION OF AUTHORITY.] 
    Subdivision 1.  When an agency is directed by statute, 
federal law or court order to adopt, amend, suspend or repeal a 
rule in a manner that does not allow for compliance with 
sections 14.13 14.14 to 14.28, or if an agency is expressly 
required or authorized by statute to adopt temporary emergency 
rules, the agency shall adopt temporary emergency rules in 
accordance with sections 14.29 to 14.36. 
    Subd. 2.  Unless an agency is directed by federal law or 
court order to adopt, amend, suspend, or repeal a rule in a 
manner that does not allow for compliance with sections 14.14 to 
14.28, no agency may adopt an emergency rule later than 180 days 
after the effective date of the statutory authority, except as 
provided in subdivision 3.  If emergency rules are not adopted 
within the time allowed, the authority for the rules expires. 
The time limit of this section does not include any days used 
for review by the attorney general.  If the 180-day period 
expires while the attorney general is reviewing the rule and the 
attorney general disapproves the rule, the agency may resubmit 
the rule to the attorney general after taking corrective 
action.  The resubmission must occur within five working days 
after the agency receives written notice of disapproval.  If the 
rule is again disapproved by the attorney general, it is 
withdrawn.  
    Subd. 3.  Any agency which is authorized to issue bonds to 
obtain funds for implementation of its programs and which is 
authorized by other law to adopt temporary rules governing those 
programs may continue to adopt those rules as emergency rules 
without regard to the 180-day time limits specified in 
subdivision 2 or section 30.  
    Sec. 17.  Minnesota Statutes 1982, section 14.30, is 
amended to read:  
    14.30 [NOTICE OF PROPOSED ADOPTION OF EMERGENCY RULE.] 
    The proposed temporary emergency rule shall be published 
with a notice of intent to adopt temporary emergency rules in 
the state register, and the same notice shall be mailed to all 
persons registered with the agency to receive notice of any 
rulemaking proceedings.  The notice shall include a statement 
advising the public that a free copy of the proposed rule is 
available on request from the agency and that notice of the date 
of submission of the proposed emergency rule to the attorney 
general will be mailed to any person requesting to receive the 
notice.  For at least 20 25 days after publication the agency 
shall afford all interested persons an opportunity to submit 
data and views on the proposed temporary emergency rule in 
writing. 
    Sec. 18.  Minnesota Statutes 1982, section 14.31, is 
amended to read:  
    14.31 [MODIFICATIONS OF PROPOSED EMERGENCY RULE.] 
    The proposed temporary emergency rule may be modified if 
the modifications are supported by the data and views submitted 
to the agency. 
    Sec. 19.  Minnesota Statutes 1983 Supplement, section 
14.32, is amended to read:  
    14.32 [SUBMISSION OF PROPOSED EMERGENCY RULE TO ATTORNEY 
GENERAL.] 
    The agency shall submit to the attorney general the 
proposed temporary emergency rule as published, with any 
modifications.  On the same day that it is submitted, the agency 
shall mail notice of the submission to all persons who requested 
to be informed that the proposed emergency rule has been 
submitted to the attorney general.  If the proposed emergency 
rule has been modified, the notice shall state that fact, and 
shall state that a free copy of the proposed emergency rule, as 
modified, is available upon request from the agency.  The 
attorney general shall review the proposed temporary emergency 
rule as to its legality, review its form to the extent the form 
relates to legality, and shall approve or disapprove the 
proposed temporary emergency rule and any modifications within 
five working days on the tenth working day following the date of 
receipt of the proposed emergency rule from the agency.  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. 20.  Minnesota Statutes 1982, section 14.33, is 
amended to read:  
    14.33 [EFFECTIVE DATE OF EMERGENCY RULE.] 
    The temporary emergency rule shall take effect upon five 
working days after approval of by the attorney general.  The 
attorney general shall file two copies of the approved emergency 
rule with the secretary of state.  The secretary of state shall 
forward one copy of each approved and filed temporary emergency 
rule to the revisor of statutes.  Failure of the attorney 
general to approve or disapprove a proposed emergency rule 
within five ten working days is approval. 
    Sec. 21.  Minnesota Statutes 1982, section 14.35, is 
amended to read:  
    14.35 [EFFECTIVE PERIOD OF EMERGENCY RULE.] 
    Temporary Emergency rules adopted under sections 14.29 to 
14.36 shall be effective for the period stated in the notice of 
intent to adopt temporary emergency rules which may not be 
longer than 180 days.  The temporary emergency rules may be 
continued in effect for an additional period of up to 180 days 
if the agency gives notice of continuation by publishing notice 
in the state register and mailing the same notice to all persons 
registered with the agency to receive notice of any rulemaking 
proceedings.  The continuation shall not be effective until 
these notices have been mailed.  No temporary emergency rule 
shall remain in effect on a date 361 days after its original 
effective date.  The temporary emergency rules may not be 
continued in effect after 360 days without following the 
procedure of either sections 14.13 14.14 to 14.20 or sections 
14.21 to 14.28. 
    Sec. 22.  Minnesota Statutes 1982, section 14.36, is 
amended to read: 
    14.36 [APPROVAL OF FORM OF EMERGENCY RULE.] 
    No approved temporary emergency rule shall be filed with 
the secretary of state or published in the state register unless 
the revisor of statutes has certified that the emergency rule's 
form is approved.  
    Sec. 23.  [14.365] [OFFICIAL RULEMAKING RECORD.] 
    The agency shall maintain the official rulemaking record 
for every rule adopted pursuant to sections 14.05 to 14.36.  The 
record shall be available for public inspection.  The record 
required by this section constitutes the official and exclusive 
agency rulemaking record with respect to agency action on or 
judicial review of the rule.  The record shall contain:  
    (1) copies of all publications in the State Register 
pertaining to the rule;  
    (2) all written petitions, requests, submissions, or 
comments received by the agency, the hearing examiner, or the 
attorney general pertaining to the rule;  
    (3) the statement of need and reasonableness for the rule, 
if any;  
    (4) the official transcript of the hearing if one was held, 
or the tape recording of the hearing if a transcript was not 
prepared;  
    (5) the report of the hearing examiner, if any;  
    (6) the rule in the form last submitted to the hearing 
examiner or first submitted to the attorney general;  
    (7) the attorney general's written statement of required 
modifications and of approval or disapproval, if any;  
    (8) any documents required by applicable rules of the 
office of administrative hearings or of the attorney general;  
    (9) the agency's order adopting the rule;  
    (10) the revisor's certificate approving the form of the 
rule; and 
    (11) a copy of the adopted rule as filed with the secretary 
of state.  
    Sec. 24.  Minnesota Statutes 1982, section 14.38, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ORIGINAL RULES.] Every rule, regardless of 
whether it might be known as a substantive, procedural, or 
interpretive rule, which is approved by the attorney general and 
filed in the office of the secretary of state as provided in 
sections 14.05 to 14.36 shall have the force and effect of law 
five working days after its notice of adoption is published in 
the state register unless a later different date is required by 
statute or a later date is specified in the rule.  The secretary 
of state shall keep a permanent record of rules filed with that 
office open to public inspection. 
    Sec. 25.  [14.385] [EFFECT OF NONPUBLICATION OF EXEMPT 
RULES.] 
    No rule, as defined in section 14.02, subdivision 4, which 
is exempt from the rulemaking provisions of this chapter has the 
force and effect of law as of January 1, 1985, unless prior to 
that date it has been submitted to the revisor for publication 
in Minnesota Rules.  
    The revisor has the same editorial powers over these rules 
as the revisor has over nonexempt rules.  
    Sec. 26.  Minnesota Statutes 1982, section 14.44, is 
amended to read:  
    14.44 [DETERMINATION OF VALIDITY OF RULE.] 
    The validity of any rule may be determined upon the 
petition for a declaratory judgment thereon, addressed to the 
district court where the principal office of the agency is 
located court of appeals, when it appears that the rule, or its 
threatened application, interferes with or impairs, or threatens 
to interfere with or impair the legal rights or privileges of 
the petitioner.  The agency shall be made a party to the 
proceeding.  The declaratory judgment may be rendered whether or 
not the petitioner has first requested the agency to pass upon 
the validity of the rule in question, and whether or not the 
agency has commenced an action against the petitioner to enforce 
the rule. 
    Sec. 27.  Minnesota Statutes 1983 Supplement, section 
14.45, is amended to read:  
    14.45 [RULE DECLARED INVALID.] 
    In proceedings under section 14.44, the court shall declare 
the rule invalid if it finds that it violates constitutional 
provisions or exceeds the statutory authority of the agency or 
was adopted without compliance with statutory rulemaking 
procedures.  Any party to proceedings under section 14.44, 
including the agency, may appeal an adverse decision of the 
district court of appeals to the supreme court of appeals as in 
other civil cases.  
    Sec. 28.  [EXTENSION OF TEMPORARY RULE AUTHORITY.] 
    Notwithstanding sections 16 and 30, the commissioners of 
health and public welfare may amend the temporary rules 
authorized by Laws of 1983, chapter 199 and the commissioner of 
welfare may amend the temporary rules authorized by Laws of 
1983, chapter 312 throughout the period these temporary rules 
remain in effect by following the temporary rule procedure under 
chapter 14.  The temporary rules shall not remain in effect 
beyond the periods authorized in Laws 1983, chapters 199 and 312.
    Sec. 29.  Minnesota Statutes 1983 Supplement, section 
43A.08, subdivision 1a, is amended to read: 
    Subd. 1a.  [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing 
authorities for the following agencies may designate additional 
unclassified positions according to this subdivision:  the 
departments of administration; agriculture; commerce;  
corrections; economic security; education; employee relations; 
energy and economic development; finance; health; human rights; 
labor and industry; natural resources; office of administrative 
hearings; public safety; public service; public welfare; 
revenue; transportation; and veterans affairs; the housing 
finance, state planning, and pollution control agencies; the 
state board of investment; the offices of the secretary of 
state, state auditor, and state treasurer; and the state board 
of vocational technical education. 
    A position designated by an appointing authority according 
to this subdivision must meet the following standards and 
criteria:  
    (a) the designation of the position would not be contrary 
to other law relating specifically to that agency;  
    (b) the person occupying the position would report directly 
to the agency head or deputy agency head and would be designated 
as part of the agency head's management team;  
    (c) the duties of the position would involve significant 
discretion and substantial involvement in the development, 
interpretation, and implementation of agency policy;  
    (d) the duties of the position would not require primarily 
personnel, accounting, or other technical expertise where 
continuity in the position would be important;  
    (e) there would be a need for the person occupying the 
position to be accountable to, loyal to, and compatible with the 
governor and the agency head, or the employing constitutional 
officer;  
    (f) the position would be at the level of division or 
bureau director or assistant to the agency head; and 
    (g) the commissioner has approved the designation as being 
consistent with the standards and criteria in this subdivision. 
    Sec. 30.  [EXPIRATION OF TEMPORARY RULEMAKING AUTHORITY.] 
    Except as provided in section 14.29, subdivision 3, no 
agency may adopt an emergency or temporary rule pursuant to any 
temporary rulemaking authority granted in a statute enacted 
prior to March 1, 1984, later than 180 days after the effective 
date of this section.  
    Sec. 31.  [TERMS CONSTRUED.] 
    All grants of temporary rulemaking authority made prior to 
or during the 1984 legislative session shall be construed to be 
grants of emergency rulemaking authority.  
    Sec. 32.  [INSTRUCTION TO THE REVISOR.] 
    The revisor of statutes shall change the term "temporary 
rule," "temporary rulemaking," or similar terms to "emergency 
rule," "emergency rulemaking," or similar terms wherever those 
terms appear in Minnesota Statutes 1984.  
    The revisor of statutes shall change the term "hearing 
examiner" or similar terms to "administrative law judge" or 
similar terms and the term "chief hearing examiner" or similar 
terms to "chief administrative law judge" or similar terms 
wherever those terms appear in Minnesota Statutes 1984 with 
reference to personnel of the office of administrative hearings. 
    Sec. 33.  [REPEALER.] 
    Minnesota Statutes 1982, section 14.13; and Minnesota 
Statutes 1983 Supplement, sections 14.07, subdivision 5; 14.17; 
and 14.21, are repealed.  
    Sec. 34.  [EFFECTIVE DATE, APPLICATION.] 
    Sections 1 to 25, 28, and 30 to 33 are effective the day 
following final enactment and shall apply to all rulemaking 
proceedings for which the notice under section 14.14, 
subdivision 1a, 14.22, or 14.30 is thereafter published. 
Sections 26 and 27 are effective the day following final 
enactment. 
    Approved May 2, 1984