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Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1992 

                        CHAPTER 494-S.F.No. 2282 
           An act relating to state government; regulating 
          administrative rulemaking; providing for corrective 
          legislation; extending the response period that 
          precedes the writing of an administrative law judge's 
          report on rules adopted after public hearing; 
          requiring the attorney general and administrative law 
          judge to disregard harmless errors; regulating 
          notices; amending Minnesota Statutes 1990, sections 
          3C.04, subdivision 4; 14.115, subdivision 5; 14.15, 
          subdivision 1, and by adding a subdivision; 14.22; 
          14.26; 14.30; and 14.32. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 3C.04, 
subdivision 4, is amended to read: 
    Subd. 4.  [TECHNICAL BILLS.] The revisor's office shall 
prepare and submit to the legislature bills clarifying and 
correcting the statutes and administrative rules.  
    Sec. 2.  Minnesota Statutes 1990, section 14.115, 
subdivision 5, is amended to read: 
    Subd. 5.  [COMPLIANCE.] If an administrative law judge or 
the attorney general finds that an agency has failed to comply 
with subdivisions 1 to 4, the rules shall not be adopted unless 
the failure to comply is considered a harmless error under 
section 14.15, subdivision 5; 14.26, subdivision 3; or 14.32, 
subdivision 2. 
    Sec. 3.  Minnesota Statutes 1990, 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 
administrative law judge, the administrative law judge assigned 
to the hearing shall write a report as provided for in section 
14.50.  Prior to writing the report, the administrative law 
judge shall allow the agency and interested persons three 
business five working days after the submission period ends to 
respond in writing to any new information submitted.  During the 
three-day five-day period, the agency may indicate in writing 
whether there are amendments suggested by other persons which 
the agency is willing to adopt.  Additional evidence may not be 
submitted during this three-day five-day period.  The written 
responses shall be added to the rulemaking record.  
    Sec. 4.  Minnesota Statutes 1990, section 14.15, is amended 
by adding a subdivision to read: 
    Subd. 5.  [HARMLESS ERRORS.] The administrative law judge 
shall disregard any error or defect in the proceeding due to the 
agency's failure to satisfy any procedural requirement imposed 
by law or rule if the administrative law judge finds: 
    (1) that the failure did not deprive any person or entity 
of an opportunity to participate meaningfully in the rulemaking 
process; or 
    (2) that the agency has taken corrective action to cure the 
error or defect so that the failure did not deprive any person 
or entity of an opportunity to participate meaningfully in the 
rulemaking process. 
    Sec. 5.  Minnesota Statutes 1990, section 14.22, is amended 
to read: 
    14.22 [NOTICE OF PROPOSED ADOPTION OF RULES.] 
    Subdivision 1.  [CONTENTS.] 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 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 in 
support of or in opposition to the proposed rule and that 
comment is encouraged; 
    (2) that 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 the proposed rule; 
    (5) that the name and address of the person requesting a 
public hearing shall be stated, and that the requester is 
encouraged to identify the portion of the proposed rule 
addressed, the reason for the request, and any change proposed; 
    (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.  
     In connection with the statements required in clauses (1) 
and (3), the notice must also include the date on which the 
30-day comment period ends. 
    Subd. 2.  [DUAL NOTICES.] The agency may, at the same time 
notice is given under subdivision 1, give notice of a public 
hearing and of its intention to proceed under sections 14.14 to 
14.20, if one is required under section 14.25.  The notice must 
include a statement advising the public of its intention to 
cancel the public hearing if 25 or more persons do not request 
one.  If a hearing is required, there must be at least ten 
calendar days between the last day for requesting a hearing and 
the day of the hearing. 
    Sec. 6.  Minnesota Statutes 1990, section 14.26, is amended 
to read: 
    14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY 
GENERAL.] 
    Subdivision 1.  [SUBMISSION.] 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.  
    Subd. 2.  [RESUBMISSION.] 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 14.14 to 
14.28, or 14.29 to 14.36.  
    Subd. 3.  [REVIEW.] 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 
administrative law judge, the legislative commission to review 
administrative rules, and to the revisor of statutes.  
    The attorney general shall disregard any error or defect in 
the proceeding due to the agency's failure to satisfy any 
procedural requirements imposed by law or rule if the attorney 
general finds: 
    (1) that the failure did not deprive any person or entity 
of an opportunity to participate meaningfully in the rulemaking 
process; or 
    (2) that the agency has taken corrective action to cure the 
error or defect so that the failure did not deprive any person 
or entity of an opportunity to participate meaningfully in the 
rulemaking process. 
    Subd. 4.  [COSTS.] The attorney general shall assess an 
agency for the actual cost of processing rules under this 
section.  The agency shall pay the attorney general's 
assessments using the procedures of section 8.15.  Each agency 
shall include in its budget money to pay the attorney general's 
assessment.  Receipts from the assessment must be deposited in 
the state treasury and credited to the general fund. 
     Sec. 7.  Minnesota Statutes 1990, section 14.30, is amended 
to read: 
    14.30 [NOTICE OF PROPOSED ADOPTION OF EMERGENCY RULE.] 
    The proposed emergency rule shall be published with a 
notice of intent to adopt 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 25 days after publication the agency shall 
afford all interested persons an opportunity to submit data and 
views on the proposed emergency rule in writing.  The notice 
must also include the date on which the 25-day comment period 
ends. 
    Sec. 8.  Minnesota Statutes 1990, section 14.32, is amended 
to read: 
    14.32 [SUBMISSION OF PROPOSED EMERGENCY RULE TO ATTORNEY 
GENERAL.] 
    Subdivision 1.  [SUBMISSION.] The agency shall submit to 
the attorney general the proposed 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.  
    Subd. 2.  [REVIEW.] The attorney general shall review the 
proposed emergency rule as to its legality, review its form to 
the extent the form relates to legality, and shall approve or 
disapprove the proposed emergency rule and any modifications 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 administrative law judge, the legislative 
commission to review administrative rules, and to the revisor of 
statutes. 
    The attorney general shall disregard any error or defect in 
the proceeding due to the agency's failure to satisfy any 
procedural requirement imposed by law or rule if the attorney 
general finds: 
    (1) that the failure did not deprive any person or entity 
of an opportunity to participate meaningfully in the rulemaking 
process; or 
    (2) that the agency has taken corrective action to cure the 
error or defect so that the failure did not deprive any person 
or entity of an opportunity to participate meaningfully in the 
rulemaking process. 
    Subd. 2. 3.  [COSTS.] The attorney general shall assess an 
agency for the actual cost of processing rules under this 
section.  Each agency shall include in its budget money to pay 
the attorney general's assessment.  Receipts from the assessment 
must be deposited in the state treasury and credited to the 
general fund. 
    Sec. 9.  [14.225] [DUAL NOTICE RULES.] 
    The attorney general, after consultation with the office of 
administrative hearings, shall adopt rules prescribing the form 
and content of the notice authorized by section 14.22, 
subdivision 2.  The rules may provide for a consolidated notice 
that satisfies the requirements of sections 14.14, 14.22, and 
14.50, and the requirements of the rules of the office of 
administrative hearings and of the attorney general. 
    Sec. 10.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor April 16, 1992 
    Signed by the governor April 20, 1992, 4:57 p.m.