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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1989 

                        CHAPTER 155-S.F.No. 206 
           An act relating to state government; administrative 
          procedures; regulating exempt rules; making certain 
          technical changes; amending Minnesota Statutes 1988, 
          sections 14.40; and 97A.051, subdivision 4; proposing 
          coding for new law in Minnesota Statutes, chapter 3; 
          repealing Minnesota Statutes 1988, sections 97A.051, 
          subdivision 3; 144A.10, subdivision 6a; 174.031, 
          subdivision 2; 254B.03, subdivision 6; 254B.04, 
          subdivision 2; 257.357; and 574.262, subdivision 3; 
          Laws 1985, chapter 4, section 8; and Laws 1987, 
          chapter 337, section 128. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [3.846] [PUBLICATION OF NOTICE OF EXEMPT 
RULES.] 
    Subdivision 1.  [REQUIREMENT.] (a) Except as provided in 
paragraph (b), no rule, as defined in section 14.02, subdivision 
4, that is exempt from the rulemaking provisions of chapter 14, 
has the force and effect of law unless a notice has been 
published and filed under subdivision 2 before its effective 
date. 
    (b) Rules of the division of game and fish may have the 
force and effect of law up to seven days before publishing and 
filing under subdivision 2 if the commissioner of natural 
resources determines that an emergency exists and for a rule 
that affects more than three counties publishes the rule once in 
a legal newspaper in Minneapolis, St. Paul, and Duluth, or for a 
rule that affects three or fewer counties publishes the rule 
once in a legal newspaper in each of the affected counties.  A 
rule of the division of game and fish that is published under 
this paragraph is not effective until seven days after the rule 
is published in the legal newspapers as provided in this 
paragraph or the rule is published and filed under subdivision 
2, whichever is earlier.  
    Subd. 2.  [NOTICE.] The notice must be published in the 
state register and filed with the secretary of state and the 
legislative commission to review administrative rules.  The 
notice must contain a citation to the statutory authority for 
the exempt rule and either:  (1) a copy of the rule; or (2) a 
description of the nature and effect of the rule and an 
announcement that a free copy of the rule is available from the 
agency on request. 
    Subd. 3.  [ALTERNATIVE COMPLIANCE.] Notwithstanding 
subdivisions 1 and 2, a rule subject to this section has the 
force and effect of law if it has satisfied the requirements of 
section 14.38, subdivision 7. 
     Subd. 4.  [NONAPPLICATION.] Except as provided in 
subdivision 1, paragraph (b), this section does not apply to 
section 14.02, subdivision 4, clauses (a) to (h). 
    Sec. 2.  Minnesota Statutes 1988, section 14.40, is amended 
to read: 
    14.40 [REVIEW OF RULES BY COMMISSION.] 
    Subdivision. 1.  [PURPOSE.] The commission shall promote 
adequate and proper rules by agencies and an understanding upon 
the part of the public respecting them.  
    Subd. 2.  [JURISDICTION.] The jurisdiction of the 
commission includes all rules as defined in section 14.02, 
subdivision 4.  The commission also has jurisdiction of rules 
which are filed with the secretary of state in accordance with 
section 14.38, subdivisions 5, 6, 7, 8, 9, and 11 or were filed 
with the secretary of state in accordance with the provisions of 
section 14.38, subdivisions 5 to 9, which were in effect on the 
date the rules were filed.  
    The commission may periodically review statutory exemptions 
to the rulemaking provisions of chapter 14.  
    Subd. 3.  [HEARINGS.] It The commission may hold public 
hearings to investigate complaints with respect to rules if it 
considers the complaints meritorious and worthy of attention.  
If the rules that are the subject of the public hearing were 
adopted without a rulemaking hearing, it may request the office 
of administrative hearings to hold the public hearing and 
prepare a report summarizing the testimony received at the 
hearing.  The office of administrative hearings shall assess the 
costs of the public hearing to the agency whose rules are the 
subject of the hearing.  
    Subd. 4.  [SUSPENSIONS.] The commission may, on the basis 
of the testimony received at the public hearings, suspend any 
rule complained of by the affirmative vote of at least six 
members provided the provisions of section 14.42 have been met.  
If any rule is suspended, the commission shall as soon as 
possible place before the legislature, at the next year's 
session, a bill to repeal the suspended rule.  If the bill is 
not enacted in that year's session, the rule is effective upon 
adjournment of the session unless the agency has repealed it.  
If the bill is enacted, the rule is repealed.  
    Subd. 5.  [BIENNIAL REPORT.] The commission shall make a 
biennial report to the legislature and governor of its 
activities and include its recommendations to promote adequate 
and proper rules and public understanding of the rules. 
    Sec. 3.  Minnesota Statutes 1988, section 97A.051, 
subdivision 4, is amended to read: 
    Subd. 4.  [ORDERS AND RULES HAVE FORCE AND EFFECT OF LAW.] 
When the an order or rule is executed and published effective, 
it has the force and effect of law.  Violation of an order or 
rule has the same penalty as a violation of the law.  
    Sec. 4.  [APPLICATION.] 
    Section 1 applies to exempt rules adopted after the 
effective date of this act.  
    Sec. 5.  [REPEALER.] 
    (a) Minnesota Statutes 1988, sections 97A.051, subdivision 
3; 144A.10, subdivision 6a; 174.031, subdivision 2; 254B.03, 
subdivision 6; 254B.04, subdivision 2; 257.357; and 574.262, 
subdivision 3, are repealed. 
    (b) Laws 1985, chapter 4, section 8; and Laws 1987, chapter 
337, section 128, are repealed. 
    Sec. 6.  [REVISOR'S INSTRUCTION.] 
    The revisor shall renumber Minnesota Statutes, sections 
14.39; 14.40; 14.41; 14.42; and 14.43, as Minnesota Statutes, 
sections 3.841; 3.842; 3.843; 3.844; and 3.845. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective the day following final 
enactment. 
    Presented to the governor May 16, 1989 
    Signed by the governor May 17, 1989, 6:02 p.m.