Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 233-H.F.No. 1478
An act relating to state government; requiring notice
to the commissioner of agriculture and certain other
actions before an agency adopts or repeals rules that
affect farming operations; providing for development
of best management practices for feedlots; changing
requirements for animal feedlot permits and sewage
treatment system licenses; allowing composting of
sheep carcasses; regulating administrative rulemaking;
revising the procedures for the adoption and review of
agency rules; requiring fees to cover costs; making
technical changes; appropriating money; amending
Minnesota Statutes 1994, sections 3.842, subdivisions
2, 4, and by adding a subdivision; 4A.05, subdivision
2; 14.04; 14.05, subdivision 2, and by adding a
subdivision; 14.06; 14.08; 14.09; 14.131; 14.14,
subdivision 1a, and by adding a subdivision; 14.15,
subdivisions 3 and 4; 14.16, subdivision 1; 14.18,
subdivision 1; 14.19; 14.22, subdivision 1; 14.23;
14.24; 14.25; 14.26; 14.365; 14.48; 14.51; 16A.1285,
subdivisions 2, 4, and 5; 17.138, by adding a
subdivision; 17.84; 18E.03, subdivision 3; 35.82,
subdivision 2; 43A.04, by adding a subdivision;
62N.05, by adding a subdivision; 84.027, by adding a
subdivision; 115.55, subdivision 2; 115.56,
subdivision 2; 116.07, subdivisions 4, 4d, and 7;
144.98, subdivision 3; 221.0335; 326.2421, subdivision
3; and 341.10; Minnesota Rules, parts 1540.2140;
7001.0140, subpart 2; 7001.0180; 8130.3500, subpart 3;
and 8130.6500, subpart 5; proposing coding for new law
in Minnesota Statutes, chapters 14; and 97A; repealing
Minnesota Statutes 1994, sections 3.846; 14.10; 14.11;
14.115; 14.12; 14.1311; 14.235; 14.29; 14.30; 14.305;
14.31; 14.32; 14.33; 14.34; 14.35; 14.36; and 17.83;
Minnesota Rules, chapters 2650; 7047; 7600; 7625; and
9540; Minnesota Rules, parts 1540.0010, subparts 12,
18, 21, 22, and 24; 1540.0060; 1540.0070; 1540.0080;
1540.0100; 1540.0110; 1540.0120; 1540.0130; 1540.0140;
1540.0150; 1540.0160; 1540.0170; 1540.0180; 1540.0190;
1540.0200; 1540.0210; 1540.0220; 1540.0230; 1540.0240;
1540.0260; 1540.0320; 1540.0330; 1540.0340; 1540.0350;
1540.0370; 1540.0380; 1540.0390; 1540.0400; 1540.0410;
1540.0420; 1540.0440; 1540.0450; 1540.0460; 1540.0490;
1540.0500; 1540.0510; 1540.0520; 1540.0770; 1540.0780;
1540.0800; 1540.0810; 1540.0830; 1540.0880; 1540.0890;
1540.0900; 1540.0910; 1540.0920; 1540.0930; 1540.0940;
1540.0950; 1540.0960; 1540.0970; 1540.0980; 1540.0990;
1540.1000; 1540.1005; 1540.1010; 1540.1020; 1540.1030;
1540.1040; 1540.1050; 1540.1060; 1540.1070; 1540.1080;
1540.1090; 1540.1100; 1540.1110; 1540.1120; 1540.1130;
1540.1140; 1540.1150; 1540.1160; 1540.1170; 1540.1180;
1540.1190; 1540.1200; 1540.1210; 1540.1220; 1540.1230;
1540.1240; 1540.1250; 1540.1255; 1540.1260; 1540.1280;
1540.1290; 1540.1300; 1540.1310; 1540.1320; 1540.1330;
1540.1340; 1540.1350; 1540.1360; 1540.1380; 1540.1400;
1540.1410; 1540.1420; 1540.1430; 1540.1440; 1540.1450;
1540.1460; 1540.1470; 1540.1490; 1540.1500; 1540.1510;
1540.1520; 1540.1530; 1540.1540; 1540.1550; 1540.1560;
1540.1570; 1540.1580; 1540.1590; 1540.1600; 1540.1610;
1540.1620; 1540.1630; 1540.1640; 1540.1650; 1540.1660;
1540.1670; 1540.1680; 1540.1690; 1540.1700; 1540.1710;
1540.1720; 1540.1730; 1540.1740; 1540.1750; 1540.1760;
1540.1770; 1540.1780; 1540.1790; 1540.1800; 1540.1810;
1540.1820; 1540.1830; 1540.1840; 1540.1850; 1540.1860;
1540.1870; 1540.1880; 1540.1890; 1540.1900; 1540.1905;
1540.1910; 1540.1920; 1540.1930; 1540.1940; 1540.1950;
1540.1960; 1540.1970; 1540.1980; 1540.1990; 1540.2000;
1540.2010; 1540.2015; 1540.2020; 1540.2090; 1540.2100;
1540.2110; 1540.2120; 1540.2180; 1540.2190; 1540.2200;
1540.2210; 1540.2220; 1540.2230; 1540.2240; 1540.2250;
1540.2260; 1540.2270; 1540.2280; 1540.2290; 1540.2300;
1540.2310; 1540.2320; 1540.2325; 1540.2330; 1540.2340;
1540.2350; 1540.2360; 1540.2370; 1540.2380; 1540.2390;
1540.2400; 1540.2410; 1540.2420; 1540.2430; 1540.2440;
1540.2450; 1540.2490; 1540.2500; 1540.2510; 1540.2530;
1540.2540; 1540.2550; 1540.2560; 1540.2570; 1540.2580;
1540.2590; 1540.2610; 1540.2630; 1540.2640; 1540.2650;
1540.2660; 1540.2720; 1540.2730; 1540.2740; 1540.2760;
1540.2770; 1540.2780; 1540.2790; 1540.2800; 1540.2810;
1540.2820; 1540.2830; 1540.2840; 1540.3420; 1540.3430;
1540.3440; 1540.3450; 1540.3460; 1540.3470; 1540.3560;
1540.3600; 1540.3610; 1540.3620; 1540.3630; 1540.3700;
1540.3780; 1540.3960; 1540.3970; 1540.3980; 1540.3990;
1540.4000; 1540.4010; 1540.4020; 1540.4030; 1540.4040;
1540.4080; 1540.4190; 1540.4200; 1540.4210; 1540.4220;
1540.4320; 1540.4330; 1540.4340; 2642.0120, subpart 1;
2655.1000; 2660.0070; 2770.7400; 4610.2210; 7002.0410
to 7002.0490; 7100.0300 to 7100.0350; 7510.6100 to
7510.6910; 8120.1100, subpart 3; 8121.0500, subpart 2;
and 8130.9912 to 8130.9992.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. [14.111] [FARMING OPERATIONS.]
Before an agency adopts or repeals rules that affect
farming operations, the agency must provide a copy of the
proposed rule change to the commissioner of agriculture, no
later than 30 days prior to publication of the proposed rule in
the State Register.
A rule may not be invalidated for failure to comply with
this subdivision if an agency has made a good faith effort to
comply.
Sec. 2. Minnesota Statutes 1994, section 14.14, is amended
by adding a subdivision to read:
Subd. 1b. [FARMING OPERATIONS.] When a public hearing is
conducted on a proposed rule that affects farming operations, at
least one public hearing must be conducted in an agricultural
area of the state.
Sec. 3. Minnesota Statutes 1994, section 17.138, is
amended by adding a subdivision to read:
Subd. 3. [BEST MANAGEMENT PRACTICES.] The commissioner of
the pollution control agency, in consultation with the
commissioner and the feedlot and manure management advisory
committee, shall develop voluntary best management practices for
odor control at feedlots.
Sec. 4. Minnesota Statutes 1994, section 35.82,
subdivision 2, is amended to read:
Subd. 2. [DISPOSITION OF CARCASSES.] (a) Except as
provided in subdivision 1b and paragraph (d), every person
owning or controlling any domestic animal that has died or been
killed otherwise than by being slaughtered for human or animal
consumption, shall as soon as reasonably possible bury the
carcass at least three feet deep in the ground or thoroughly
burn it or dispose of it by another method approved by the board
as being effective for the protection of public health and the
control of livestock diseases. The board, through its executive
secretary, may issue permits to owners of rendering plants
located in Minnesota which are operated and conducted as
required by law, to transport carcasses of domestic animals and
fowl that have died, or have been killed otherwise than by being
slaughtered for human or animal consumption, over the public
highways to their plants for rendering purposes in accordance
with the rules adopted by the board relative to transportation,
rendering, and other provisions the board considers necessary to
prevent the spread of disease. The board may issue permits to
owners of rendering plants located in an adjacent state with
which a reciprocal agreement is in effect under subdivision 3.
(b) Carcasses collected by rendering plants under permit
may be used for pet food or mink food if the owner or operator
meets the requirements of subdivision 1b.
(c) An authorized employee or agent of the board may enter
private or public property and inspect the carcass of any
domestic animal that has died or has been killed other than by
being slaughtered for human or animal consumption. Failure to
dispose of the carcass of any domestic animal within the period
specified by this subdivision is a public nuisance. The board
may petition the district court of the county in which a carcass
is located for a writ requiring the abatement of the public
nuisance. A civil action commenced under this paragraph does
not preclude a criminal prosecution under this section. No
person may sell, offer to sell, give away, or convey along a
public road or on land the person does not own, the carcass of a
domestic animal when the animal died or was killed other than by
being slaughtered for human or animal consumption unless it is
done with a special permit pursuant to this section. The
carcass or parts of a domestic animal that has died or has been
killed other than by being slaughtered for human or animal
consumption may be transported along a public road for a medical
or scientific purpose if the carcass is enclosed in a leakproof
container to prevent spillage or the dripping of liquid waste.
The board may adopt rules relative to the transportation of the
carcass of any domestic animal for a medical or scientific
purpose. A carcass on a public thoroughfare may be transported
for burial or other disposition in accordance with this section.
No person who owns or controls diseased animals shall
negligently or willfully permit them to escape from that control
or to run at large.
(d) A sheep producer may compost sheep carcasses owned by
the producer on the producer's land without a permit and is
exempt from compost facility specifications contained in rules
of the board.
(e) The board shall develop best management practices for
dead animal disposal and the pollution control agency feedlot
program shall distribute them to livestock producers in the
state.
Sec. 5. Minnesota Statutes 1994, section 115.55,
subdivision 2, is amended to read:
Subd. 2. [LOCAL ORDINANCES.] (a) Any ordinance adopted by
a local unit of government to regulate individual sewage
treatment systems must be in compliance with the individual
sewage treatment system rules by January 1, 1996 1998.
(b) A copy of each ordinance adopted under this subdivision
must be submitted to the commissioner upon adoption.
Sec. 6. Minnesota Statutes 1994, section 115.56,
subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIRED.] (a) Except as provided in
paragraph (b), after March 31, 1996, a person may not design,
install, maintain, pump, or inspect an individual sewage
treatment system without a license issued by the commissioner.
(b) A license is not required for a person who complies
with the applicable requirements if the person is:
(1) a qualified employee of state or local government who
has passed the examination described in paragraph (d) or a
similar examination;
(2) an individual who constructs an individual sewage
treatment system on land that is owned or leased by the
individual and functions solely as the individual's dwelling or
seasonal dwelling; or
(3) a farmer who pumps and disposes of sewage waste from
individual sewage treatment systems, holding tanks, and privies
on land that is owned or leased by the farmer; or
(4) an individual who performs labor or services for a
person licensed under this section in connection with the
design, installation, maintenance, pumping, or inspection of an
individual sewage treatment system at the direction and under
the personal supervision of a person licensed under this section.
A person constructing an individual sewage treatment system
under clause (2) must consult with a site evaluator or designer
before beginning construction. In addition, the system must be
inspected before being covered and a compliance report must be
provided to the local unit of government after the inspection.
(c) The commissioner, in conjunction with the University of
Minnesota extension service or another higher education
institution, shall ensure adequate training exists for
individual sewage treatment system professionals.
(d) The commissioner shall conduct examinations to test the
knowledge of applicants for licensing and shall issue
documentation of licensing.
(e) Licenses may be issued only upon successful completion
of the required examination and submission of proof of
sufficient experience, proof of general liability insurance, and
a corporate surety bond in the amount of at least $10,000.
(f) Notwithstanding paragraph (e), the examination and
proof of experience are not required for an individual sewage
treatment system professional who, on the effective date of the
rules adopted under subdivision 1, holds a certification
attained by examination and experience under a voluntary
certification program administered by the agency.
(g) Local units of government may not require additional
local licenses for individual sewage treatment system
professionals.
Sec. 7. Minnesota Statutes 1994, section 116.07,
subdivision 4, is amended to read:
Subd. 4. [RULES AND STANDARDS.] Pursuant and subject to
the provisions of chapter 14, and the provisions hereof, the
pollution control agency may adopt, amend and rescind rules and
standards having the force of law relating to any purpose within
the provisions of Laws 1967, chapter 882, for the prevention,
abatement, or control of air pollution. Any such rule or
standard may be of general application throughout the state, or
may be limited as to times, places, circumstances, or conditions
in order to make due allowance for variations therein. Without
limitation, rules or standards may relate to sources or
emissions of air contamination or air pollution, to the quality
or composition of such emissions, or to the quality of or
composition of the ambient air or outdoor atmosphere or to any
other matter relevant to the prevention, abatement, or control
of air pollution.
Pursuant and subject to the provisions of chapter 14, and
the provisions hereof, the pollution control agency may adopt,
amend, and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1969,
chapter 1046, for the collection, transportation, storage,
processing, and disposal of solid waste and the prevention,
abatement, or control of water, air, and land pollution which
may be related thereto, and the deposit in or on land of any
other material that may tend to cause pollution. The agency
shall adopt such rules and standards for sewage sludge,
addressing the intrinsic suitability of land, the volume and
rate of application of sewage sludge of various degrees of
intrinsic hazard, design of facilities, and operation of
facilities and sites. The agency shall promulgate emergency
rules for sewage sludge pursuant to sections 14.29 to 14.36.
Notwithstanding the provisions of sections 14.29 to 14.36, the
emergency rules shall be effective until permanent rules are
promulgated or March 1, 1982, whichever is earlier. Any such
rule or standard may be of general application throughout the
state or may be limited as to times, places, circumstances, or
conditions in order to make due allowance for variations
therein. Without limitation, rules or standards may relate to
collection, transportation, processing, disposal, equipment,
location, procedures, methods, systems or techniques or to any
other matter relevant to the prevention, abatement or control of
water, air, and land pollution which may be advised through the
control of collection, transportation, processing, and disposal
of solid waste and sewage sludge, and the deposit in or on land
of any other material that may tend to cause pollution. By
January 1, 1983, the rules for the management of sewage sludge
shall include an analysis of the sewage sludge determined by the
commissioner of agriculture to be necessary to meet the soil
amendment labeling requirements of section 18C.215.
Pursuant and subject to the provisions of chapter 14, and
the provisions hereof, the pollution control agency may adopt,
amend and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1971,
chapter 727, for the prevention, abatement, or control of noise
pollution. Any such rule or standard may be of general
application throughout the state, or may be limited as to times,
places, circumstances or conditions in order to make due
allowances for variations therein. Without limitation, rules or
standards may relate to sources or emissions of noise or noise
pollution, to the quality or composition of noises in the
natural environment, or to any other matter relevant to the
prevention, abatement, or control of noise pollution.
As to any matters subject to this chapter, local units of
government may set emission regulations with respect to
stationary sources which are more stringent than those set by
the pollution control agency.
Pursuant to chapter 14, the pollution control agency may
adopt, amend, and rescind rules and standards having the force
of law relating to any purpose within the provisions of this
chapter for generators of hazardous waste, the management,
identification, labeling, classification, storage, collection,
treatment, transportation, processing, and disposal of hazardous
waste and the location of hazardous waste facilities. A rule or
standard may be of general application throughout the state or
may be limited as to time, places, circumstances, or conditions.
In implementing its hazardous waste rules, the pollution control
agency shall give high priority to providing planning and
technical assistance to hazardous waste generators. The agency
shall assist generators in investigating the availability and
feasibility of both interim and long-term hazardous waste
management methods. The methods shall include waste reduction,
waste separation, waste processing, resource recovery, and
temporary storage.
The pollution control agency shall give highest priority in
the consideration of permits to authorize disposal of diseased
shade trees by open burning at designated sites to evidence
concerning economic costs of transportation and disposal of
diseased shade trees by alternative methods.
In addition to the provisions under section 14.115, before
the pollution control agency adopts or repeals rules that affect
farming operations, the agency must provide a copy of the
proposed rule change and a statement of the effect of the rule
change on farming operations to the commissioner of agriculture
for review and comment and hold public meetings in agricultural
areas of the state.
Sec. 8. Minnesota Statutes 1994, section 116.07,
subdivision 7, is amended to read:
Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL
LOT PERMITS.] Any Minnesota county board may, by resolution,
with approval of the pollution control agency, assume
responsibility for processing applications for permits required
by the pollution control agency under this section for livestock
feedlots, poultry lots or other animal lots. The responsibility
for permit application processing, if assumed by a county, may
be delegated by the county board to any appropriate county
officer or employee.
(a) For the purposes of this subdivision, the term
"processing" includes:
(1) the distribution to applicants of forms provided by the
pollution control agency;
(2) the receipt and examination of completed application
forms, and the certification, in writing, to the pollution
control agency either that the animal lot facility for which a
permit is sought by an applicant will comply with applicable
rules and standards, or, if the facility will not comply, the
respects in which a variance would be required for the issuance
of a permit; and
(3) rendering to applicants, upon request, assistance
necessary for the proper completion of an application.
(b) For the purposes of this subdivision, the term
"processing" may include, at the option of the county board,
issuing, denying, modifying, imposing conditions upon, or
revoking permits pursuant to the provisions of this section or
rules promulgated pursuant to it, subject to review, suspension,
and reversal by the pollution control agency. The pollution
control agency shall, after written notification, have 15 days
to review, suspend, modify, or reverse the issuance of the
permit. After this period, the action of the county board is
final, subject to appeal as provided in chapter 14.
(c) For the purpose of administration of rules adopted
under this subdivision, the commissioner and the agency may
provide exceptions for cases where the owner of a feedlot has
specific written plans to close the feedlot within five years.
These exceptions include waiving requirements for major capital
improvements.
(d) For purposes of this subdivision, a discharge caused by
an extraordinary natural event such as a precipitation event of
greater magnitude than the 25-year, 24-hour event, tornado, or
flood in excess of the 100-year flood is not a "direct discharge
of pollutants."
(e) In adopting and enforcing rules under this subdivision,
the commissioner shall cooperate closely with other governmental
agencies.
(f) The pollution control agency shall work with the
Minnesota extension service, the department of agriculture, the
board of water and soil resources, producer groups, local units
of government, as well as with appropriate federal agencies such
as the Soil Conservation Service and the Agricultural
Stabilization and Conservation Service, to notify and educate
producers of rules under this subdivision at the time the rules
are being developed and adopted and at least every two years
thereafter.
(g) The pollution control agency shall adopt rules
governing the issuance and denial of permits for livestock
feedlots, poultry lots or other animal lots pursuant to this
section. A feedlot permit is not required for livestock
feedlots with more than ten but less than 50 animal units;
provided they are not in shoreland areas. These rules apply
both to permits issued by counties and to permits issued by the
pollution control agency directly.
(h) The pollution control agency shall exercise supervising
authority with respect to the processing of animal lot permit
applications by a county.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 and 2 apply to rules for which notice of intent
to adopt a rule is published after the effective date of those
sections.
ARTICLE 2
Section 1. Minnesota Statutes 1994, section 3.842,
subdivision 2, is amended to read:
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 sections 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; 14.386; and 14.388.
The commission may periodically review statutory exemptions
to the rulemaking provisions of this chapter.
Sec. 2. Minnesota Statutes 1994, section 3.842,
subdivision 4, is amended to read:
Subd. 4. [SUSPENSIONS.] (a) The commission may, on any of
the grounds listed in paragraph (b) and 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 3.844 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.
(b) A rule suspension under paragraph (a) must be based on
one or more of the following reasons:
(1) an absence of statutory authority;
(2) an emergency relating to public health, safety, or
welfare;
(3) a failure to comply with legislative intent;
(4) a conflict with state law;
(5) a change in circumstances since enactment of the
earliest law upon which the rule is based;
(6) arbitrariness and capriciousness, or imposition of an
undue hardship.
(c) This section authorizes the commission to suspend a
rule only when the vote to suspend is taken, and the effective
date of the suspension occurs, at a time when the legislature
could not enact a bill to repeal the rule.
Sec. 3. Minnesota Statutes 1994, section 3.842, is amended
by adding a subdivision to read:
Subd. 4a. [OBJECTIONS TO RULES.] (a) If the legislative
commission to review administrative rules objects to all or some
portion of a rule because the commission considers it to be
beyond the procedural or substantive authority delegated to the
agency, including a proposed rule submitted under section 14.15,
subdivision 4, or 14.26, subdivision 3, paragraph (c), the
commission may file that objection in the office of the
secretary of state. The filed objection must contain a concise
statement of the commission's reasons for its action. An
objection to a proposed rule submitted under section 14.15,
subdivision 4, or 14.26, subdivision 3, paragraph (c), may not
be filed before the rule is adopted.
(b) The secretary of state shall affix to each objection a
certification of the date and time of its filing and as soon
after the objection is filed as practicable shall transmit a
certified copy of it to the agency issuing the rule in question
and the revisor of statutes. The secretary of state shall also
maintain a permanent register open to public inspection of all
objections by the commission.
(c) The legislative commission to review administrative
rules shall publish and index an objection filed under this
section in the next issue of the State Register. The revisor of
statutes shall indicate its existence adjacent to the rule in
question when that rule is published in Minnesota Rules.
(d) Within 14 days after the filing of an objection by the
commission to a rule, the issuing agency shall respond in
writing to the commission. After receipt of the response, the
commission may withdraw or modify its objection.
(e) After the filing of an objection by the commission that
is not subsequently withdrawn, the burden is upon the agency in
any proceeding for judicial review or for enforcement of the
rule to establish that the whole or portion of the rule objected
to is valid.
(f) The failure of the commission to object to a rule is
not an implied legislative authorization of its validity.
(g) Pursuant to sections 14.44 and 14.45, the commission
may petition for a declaratory judgment to determine the
validity of any rule objected to by the commission.
This action must be started within two years after an
objection is filed in the office of the secretary of state.
(h) The commission may intervene in litigation arising from
agency action. For purposes of this paragraph, agency action
means the whole or part of a rule, or the failure to issue a
rule.
Sec. 4. Minnesota Statutes 1994, section 4A.05,
subdivision 2, is amended to read:
Subd. 2. [FEES.] The director shall set fees under section
16A.128, subdivision 2, 16A.1285 reflecting the actual costs of
providing the center's information products and services to
clients. Fees collected must be deposited in the state treasury
and credited to the land management information center revolving
account. Money in the account is appropriated to the director
for operation of the land management information system,
including the cost of services, supplies, materials, labor, and
equipment, as well as the portion of the general support costs
and statewide indirect costs of the office that is attributable
to the land management information system. The director may
require a state agency to make an advance payment to the
revolving fund sufficient to cover the agency's estimated
obligation for a period of 60 days or more. If the revolving
fund is abolished or liquidated, the total net profit from
operations must be distributed to the funds from which purchases
were made. The amount to be distributed to each fund must bear
to the net profit the same ratio as the total purchases from
each fund bear to the total purchases from all the funds during
a period of time that fairly reflects the amount of net profit
each fund is entitled to receive under this distribution.
Sec. 5. Minnesota Statutes 1994, section 14.04, is amended
to read:
14.04 [AGENCY ORGANIZATION; GUIDEBOOK.]
To assist interested persons dealing with it, each agency
shall, in a manner prescribed by the commissioner of
administration, prepare a description of its organization,
stating the process whereby general course and method of its
operations and where and how the public may obtain information
or make submissions or requests. The commissioner of
administration shall publish these descriptions at least once
every four years commencing in 1981 in a guidebook of state
agencies. Notice of the publication of the guidebook shall be
published in the State Register and given in newsletters,
newspapers, or other publications, or through other means of
communication.
Sec. 6. Minnesota Statutes 1994, section 14.05,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY TO MODIFY PROPOSED RULE.] (a) An
agency may modify a proposed rule in accordance with the
procedures of the administrative procedure act. However, an
agency may not modify a proposed rule so that it is
substantially different from the proposed rule in the notice of
intent to adopt rules or notice of hearing.
(b) A modification does not make a proposed rule
substantially different if:
(1) the differences are within the scope of the matter
announced in the notice of intent to adopt or notice of hearing
and are in character with the issues raised in that notice;
(2) the differences are a logical outgrowth of the contents
of the notice of intent to adopt or notice of hearing and the
comments submitted in response to the notice; and
(3) the notice of intent to adopt or notice of hearing
provided fair warning that the outcome of that rulemaking
proceeding could be the rule in question.
(c) In determining whether the notice of intent to adopt or
notice of hearing provided fair warning that the outcome of that
rulemaking proceeding could be the rule in question the
following factors must be considered:
(1) the extent to which persons who will be affected by the
rule should have understood that the rulemaking proceeding on
which it is based could affect their interests;
(2) the extent to which the subject matter of the rule or
issues determined by the rule are different from the subject
matter or issues contained in the notice of intent to adopt or
notice of hearing; and
(3) the extent to which the effects of the rule differ from
the effects of the proposed rule contained in the notice of
intent to adopt or notice of hearing.
Sec. 7. Minnesota Statutes 1994, section 14.05, is amended
by adding a subdivision to read:
Subd. 5. [REVIEW AND REPEAL OF RULES.] By December 1 of
each year, an agency shall submit a list of all the rules of the
agency to the governor, the legislative commission to review
administrative rules, and the revisor of statutes. The list
must identify any rules that are obsolete and should be
repealed. The list must also include an explanation of why the
rule is obsolete and the agency's timetable for repeal.
Sec. 8. Minnesota Statutes 1994, section 14.06, is amended
to read:
14.06 [REQUIRED RULES.]
(a) Each agency shall adopt rules, in the form prescribed
by the revisor of statutes, setting forth the nature and
requirements of all formal and informal procedures related to
the administration of official agency duties to the extent that
those procedures directly affect the rights of or procedures
available to the public.
(b) Upon the request of any person, and as soon as feasible
and to the extent practicable, each agency shall adopt rules to
supersede those principles of law or policy lawfully declared by
the agency as the basis for its decisions in particular cases it
intends to rely on as precedents in future cases. This
paragraph does not apply to the public utilities commission.
Sec. 9. Minnesota Statutes 1994, section 14.08, is amended
to read:
14.08 [REVISOR OF STATUTES APPROVAL OF RULE AND RULE FORM;
COSTS.]
(a) Two copies of a rule adopted pursuant to the provisions
of section 14.26 or 14.32 shall be submitted by the agency to
the attorney general chief administrative law judge.
The attorney general chief administrative law judge shall send
one copy of the rule to the revisor on the same day as it is
submitted by the agency under section 14.26 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 chief administrative law judge or notify the attorney
general chief administrative law judge and the agency that the
form of the rule will not be approved.
If the attorney general chief administrative law judge
disapproves a rule, the agency may modify it and the agency
shall submit two copies of the modified rule to the attorney
general chief administrative law judge who shall send a copy to
the revisor for approval as to form as described in this
paragraph.
(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 the rule,
the revisor's notice shall revise the rule so it is in the
correct form.
(d) The attorney general chief administrative law judge
shall assess an agency for the attorney general's 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 assessments. Receipts from the
assessment must be deposited in the state treasury and credited
to the general fund administrative hearings account created in
section 14.54.
Sec. 10. Minnesota Statutes 1994, section 14.09, is
amended to read:
14.09 [PETITION FOR ADOPTION OF RULE.]
Any interested person may petition an agency requesting the
adoption, suspension, amendment, or repeal of any rule. The
petition shall be specific as to what action is requested and
the need for the action. Upon receiving a petition an agency
shall have 60 days in which to make a specific and detailed
reply in writing as to its planned disposition of the request
and the reasons for its planned disposition of the request. If
the agency states its intention to hold a public hearing on the
subject of the request, it shall proceed according to sections
14.05 to 14.36 14.28. The attorney general chief administrative
law judge shall prescribe by rule the form for all petitions
under this section and may prescribe further procedures for
their submission, consideration, and disposition.
Sec. 11. [14.101] [ADVICE ON POSSIBLE RULES.]
Subdivision 1. [REQUIRED NOTICE.] In addition to seeking
information by other methods designed to reach persons or
classes of persons who might be affected by the proposal, an
agency, at least 60 days before publication of a notice of
intent to adopt or a notice of hearing, shall solicit comments
from the public on the subject matter of a possible rulemaking
proposal under active consideration within the agency by causing
notice to be published in the State Register. The notice must
include a description of the subject matter of the proposal, the
types of groups and individuals likely to be affected, and
indicate where, when, and how persons may comment on the
proposal and whether and how drafts of any proposal may be
obtained from the agency.
This notice must be published within 60 days of the
effective date of any new statutory grant of required rulemaking.
Subd. 2. [ADVISORY COMMITTEES.] Each agency may also
appoint committees to comment, before publication of a notice of
intent to adopt or a notice of hearing, on the subject matter of
a possible rulemaking under active consideration within the
agency. The membership of those committees must be published at
least annually in the State Register.
Subd. 3. [EFFECT OF GOOD FAITH COMPLIANCE.] If an agency
has made a good faith effort to comply with this section, a rule
may not be invalidated on the grounds that the contents of this
notice are insufficient or inaccurate.
Sec. 12. [14.125] [TIME LIMIT ON AUTHORITY TO ADOPT,
AMEND, OR REPEAL RULES.]
An agency shall publish a notice of intent to adopt rules
or a notice of hearing within 18 months of the effective date of
the law authorizing or requiring rules to be adopted, amended,
or repealed. If the notice is not published within the time
limit imposed by this section, the authority for the rules
expires. The agency shall not use other law in existence at the
time of the expiration of rulemaking authority under this
section as authority to adopt, amend, or repeal these rules.
An agency that publishes a notice of intent to adopt rules
or a notice of hearing within the time limit specified in this
section may subsequently amend or repeal the rules without
additional legislative authorization.
Sec. 13. Minnesota Statutes 1994, section 14.131, is
amended to read:
14.131 [STATEMENT OF NEED AND REASONABLENESS.]
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 and a
fiscal note if required by section 3.982. The statement of need
and reasonableness must be prepared under rules adopted by the
chief administrative law judge. and must include the following
to the extent the agency, through reasonable effort, can
ascertain this information:
(1) a description of the classes of persons who probably
will be affected by the proposed rule, including classes that
will bear the costs of the proposed rule and classes that will
benefit from the proposed rule;
(2) the probable costs to the agency and to any other
agency of the implementation and enforcement of the proposed
rule and any anticipated effect on state revenues;
(3) a determination of whether there are less costly
methods or less intrusive methods for achieving the purpose of
the proposed rule;
(4) a description of any alternative methods for achieving
the purpose of the proposed rule that were seriously considered
by the agency and the reasons why they were rejected in favor of
the proposed rule;
(5) the probable costs of complying with the proposed rule;
and
(6) an assessment of any differences between the proposed
rule and existing federal regulations and a specific analysis of
the need for and reasonableness of each difference.
For rules setting, adjusting, or establishing regulatory,
licensure, or other charges for goods and services, the
statement of need and reasonableness must include the comments
and recommendations of the commissioner of finance and must
address any fiscal and policy concerns raised during the review
process, as required by section 16A.1285.
The statement must also describe the agency's efforts to
provide additional notification to persons or classes of persons
who may be affected by the proposed rule or must explain why
these efforts were not made.
The agency shall send a copy of the statement of need and
reasonableness to the legislative commission to review
administrative rules when it becomes available for public review.
Sec. 14. Minnesota Statutes 1994, section 14.14,
subdivision 1a, is amended to read:
Subd. 1a. [NOTICE OF RULE HEARING.] (a) Each agency shall
maintain a list of all persons who have registered with the
agency for the purpose of receiving notice of rule hearings
proceedings. 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 who may be affected
by the rule being proposed. In addition, each agency shall make
reasonable efforts to notify persons or classes of persons who
may be significantly affected by the rule being proposed by
giving notice of its intention in newsletters, newspapers, or
other publications, or through other means of communication.
The notice in the State Register must include the proposed rule
or an amended rule in the form required by the revisor under
section 14.07, 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, a statement that
persons may register with the agency for the purpose of
receiving notice of rule proceedings and notice that a rule has
been adopted, 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.
(b) The legislative commission to review administrative
rules may authorize an agency to omit from the notice of rule
hearing the text of any proposed rule, the publication of which
would be unduly cumbersome, expensive, or otherwise inexpedient
if:
(1) knowledge of the rule is likely to be important to only
a small class of persons;
(2) the notice of rule hearing states that a free copy of
the entire rule is available upon request to the agency; and
(3) the notice of rule hearing states in detail the
specific subject matter of the omitted rule, cites the statutory
authority for the proposed rule, and details the proposed rule's
purpose and motivation.
Sec. 15. Minnesota Statutes 1994, section 14.15,
subdivision 3, is amended to read:
Subd. 3. [FINDING OF SUBSTANTIAL CHANGE DIFFERENCE.] If
the report contains a finding that a rule has been modified in a
way which makes it substantially different, as determined under
section 14.05, subdivision 2, from that which was originally
proposed, or that the agency has not met the requirements of
sections 14.131 to 14.18, it shall be submitted to the chief
administrative law judge for approval. If the chief
administrative law judge approves the finding of the
administrative law judge, the chief administrative law judge
shall advise the agency and the revisor of statutes of actions
which will correct the defects. The agency shall not adopt the
rule until the chief administrative law judge determines that
the defects have been corrected or, if applicable, that the
agency has satisfied the rule requirements for the adoption of a
substantially different rule.
Sec. 16. Minnesota Statutes 1994, section 14.15,
subdivision 4, is amended to read:
Subd. 4. [NEED OR REASONABLENESS NOT ESTABLISHED.] If the
chief administrative law judge 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 administrative law
judge 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 wait for the commission's
advice for more than 30 60 days after the commission has
received the agency's submission. Advice of the commission
shall not be binding on the agency.
Sec. 17. Minnesota Statutes 1994, section 14.16,
subdivision 1, is amended to read:
Subdivision 1. [REVIEW OF MODIFICATIONS.] If the report of
the administrative law judge finds no defects, the agency may
proceed to adopt the rule. After receipt of the administrative
law judge's report, if the agency makes any modifications to the
rule other than those recommended by the administrative law
judge, it must return the rule to the chief administrative law
judge for a review on the issue of substantial change whether
the rule as modified is substantially different, as determined
under section 14.05, subdivision 2, from the rule as originally
proposed. If the chief administrative law judge determines that
the modified rule is substantially different from that which was
originally proposed, the chief administrative law judge shall
advise the agency of actions which will correct the defects.
The agency shall not adopt the modified rule until the chief
administrative law judge determines that the defects have been
corrected or, if applicable, that the agency has satisfied the
rule requirements for the adoption of a substantially different
rule.
The agency shall give notice to all persons who requested
to be informed that the rule has been adopted and filed with the
secretary of state. This notice shall be given on the same day
that the rule is filed.
Sec. 18. Minnesota Statutes 1994, section 14.18,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] A rule is effective after it
has been subjected to all requirements described in sections
14.131 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 portions of the adopted rule which 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.
If the agency omitted from the notice of proposed rule
adoption the text of the proposed rule, as permitted by section
14.14, subdivision 1a, paragraph (b), the legislative commission
to review administrative rules may provide that the notice of
the adopted rule need not include the text of any changes from
the proposed rule. However, the notice of adoption must state
in detail the substance of the changes made from the proposed
rule, and must state that a free copy of that portion of the
adopted rule that was the subject of the rulemaking proceeding,
not including any material adopted by reference as permitted by
section 14.07, is available upon request to the agency.
Sec. 19. Minnesota Statutes 1994, section 14.19, is
amended to read:
14.19 [DEADLINE TO COMPLETE RULEMAKING.]
The agency shall, within 180 days after issuance of the
administrative law judge's report, submit its notice of
adoption, amendment, suspension, or repeal to the State Register
for publication. If the agency has not submitted its notice to
the State Register within 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 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
administrative law judge, the attorney general, or the
legislative commission to review administrative rules if the
review is required by law.
Sec. 20. Minnesota Statutes 1994, section 14.22,
subdivision 1, is amended to read:
Subdivision 1. [CONTENTS.] (a) 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.
Each agency may, at its own discretion, also contact persons not
on its list who may be affected by the rule being proposed. In
addition, each agency shall make reasonable efforts to notify
persons or classes of persons who may be significantly affected
by the rule by giving 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 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, a statement
that persons may register with the agency for the purpose of
receiving notice of rule proceedings and notice that a rule has
been submitted to the chief administrative law judge, and other
information as required by law or 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 of the requirements contained in
section 14.25 relating to a written request for a public
hearing, and that the requester is encouraged to identify the
portion of the proposed rule addressed, the reason for the
request, and propose any change proposed desired;
(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 chief
administrative law judge 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.
(b) The legislative commission to review administrative
rules may authorize an agency to omit from the notice of intent
to adopt the text of any proposed rule, the publication of which
would be unduly cumbersome, expensive, or otherwise inexpedient
if:
(1) knowledge of the rule is likely to be important to only
a small class of persons;
(2) the notice of intent to adopt states that a free copy
of the entire rule is available upon request to the agency; and
(3) the notice of intent to adopt states in detail the
specific subject matter of the omitted rule, cites the statutory
authority for the proposed rule, and details the proposed rule's
purpose and motivation.
Sec. 21. Minnesota Statutes 1994, 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. The statement of need and
reasonableness must include the analysis required in section
14.131 and the comments and recommendations of the commissioner
of finance, and must address any fiscal and policy concerns
raised during the review process, as required by section
16A.1285. The statement must also describe the agency's efforts
to provide additional notification to persons or classes of
persons who may be affected by the proposed rules or must
explain why these efforts were not made. For at least 30 days
following the notice, the agency shall afford all interested
persons the public an opportunity to request a public hearing
and to submit data and views on the proposed rule in writing.
The agency shall send a copy of the statement of need and
reasonableness to the legislative commission to review
administrative rules when it becomes available to the public.
Sec. 22. Minnesota Statutes 1994, section 14.24, is
amended to read:
14.24 [MODIFICATIONS OF PROPOSED RULE.]
The proposed rule may be modified if the modifications are
supported by the data and views submitted to the agency and do
not result in a substantial change substantially different rule,
as determined under section 14.05, subdivision 2, from the rule
as originally proposed. An agency may adopt a substantially
different rule after satisfying the rule requirements for the
adoption of a substantially different rule.
Sec. 23. Minnesota Statutes 1994, section 14.25, is
amended to read:
14.25 [PUBLIC HEARING REQUIRED.]
Subdivision 1. [REQUESTS FOR HEARING.] If, during the
30-day period allowed for comment, 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 14.14 to 14.20. The written request must include: (1)
the name and address of the person requesting the public
hearing; and (2) the portion or portions of the rule to which
the person objects or a statement that the person opposes the
entire rule. A notice of the public hearing must be published
in the State Register and mailed to those persons who submitted
a written request for the public hearing. 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.
A written request for a public hearing that does not comply
with the requirements of this section is invalid and must not be
counted by the agency for purposes of determining whether a
public hearing must be held.
Subd. 2. [WITHDRAWAL OF HEARING REQUESTS.] If a request
for a public hearing has been withdrawn, the agency must give
written notice of that fact to all persons who have requested
the public hearing. The notice must explain why the request is
being withdrawn, and must include a description of any action
the agency has taken or will take that affected or may have
affected the decision to withdraw the request. The notice must
also invite persons to submit written comments to the agency
relating to the withdrawal. The notice and any written comments
received by the agency is part of the rulemaking record
submitted to the administrative law judge under section 14.14 or
14.26. The administrative law judge shall review the notice and
any comments received and determine whether the withdrawal is
consistent with section 14.001, clauses (2), (4), and (5).
This subdivision applies only to a withdrawal of a hearing
request that affects whether a public hearing must be held and
only if the agency has taken any action to obtain the withdrawal
of the hearing request.
Sec. 24. Minnesota Statutes 1994, section 14.26, is
amended to read:
14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY
GENERAL ADMINISTRATIVE LAW JUDGE.]
Subdivision 1. [SUBMISSION.] If no hearing is required,
the agency shall submit to the attorney general an
administrative law judge assigned by the chief administrative
law judge 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 administrative law judge. 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
administrative law judge 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 administrative law judge
reviews the rule, if the attorney general administrative law
judge 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.] (a) The attorney general administrative
law judge shall, within 14 days, approve or disapprove the rule
as to its legality and its form to the extent the form relates
to legality, including the issue issues of substantial change
whether the rule if modified is substantially different, as
determined under section 14.05, subdivision 2, from the rule as
originally proposed, 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 administrative law judge 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 administrative law judge shall state in
writing the reasons and make recommendations to overcome
the deficiencies, and defects.
(b) The written disapproval must be submitted to the chief
administrative law judge for approval. If the chief
administrative law judge approves of the findings of the
administrative law judge, the chief administrative law judge
shall send the statement of the reasons for disapproval of the
rule to the agency, the legislative commission to review
administrative rules, and the revisor of statutes and advise the
agency and the revisor of statutes of actions that will correct
the defects. The rule shall not be filed in the office of the
secretary of state, nor published until the deficiencies chief
administrative law judge determines that the defects have
been overcome corrected or, if applicable, that the agency has
satisfied the rule requirements for the adoption of a
substantially different rule. 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.
(c) If the chief administrative law judge determines that
the need for or reasonableness of the rule has not been
established, and if the agency does not elect to follow the
suggested actions of the chief administrative law judge 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 wait for the commission's advice for more than 60 days after
the commission has received the agency's submission.
(d) The attorney general administrative law judge 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 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.
Subd. 4. [COSTS.] The attorney general office of
administrative hearings 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 administrative hearings account created in
section 14.54.
Sec. 25. Minnesota Statutes 1994, section 14.365, is
amended to read:
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 14.28.
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, or the administrative law
judge, 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 administrative law judge, if any;
(6) the rule in the form last submitted to the
administrative law judge under sections 14.14 to 14.20 or first
submitted to the attorney general administrative law judge under
sections 14.22 to 14.28;
(7) the attorney general's administrative law judge's
written statement of required modifications and of approval or
disapproval by the chief administrative law judge, 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. 26. [14.366] [PUBLIC RULEMAKING DOCKET.]
(a) Each agency shall maintain a current, public rulemaking
docket.
(b) The rulemaking docket must contain a listing of the
precise subject matter of each possible proposed rule currently
under active consideration within the agency for proposal, the
name and address of agency personnel with whom persons may
communicate with respect to the matter, and an indication of its
present status within the agency.
(c) The rulemaking docket must list each pending rulemaking
proceeding. A rulemaking proceeding is pending from the time it
is begun, by publication of the notice of solicitation, the
notice of intent to adopt, or notice of hearing, to the time it
is terminated, by publication of a notice of withdrawal or the
rule becoming effective. For each rulemaking proceeding, the
docket must indicate:
(1) the subject matter of the proposed rule;
(2) a citation to all published notices relating to the
proceeding;
(3) where written comments on the proposed rule may be
inspected;
(4) the time during which written comments may be made;
(5) the names of persons who have made written requests for
a public hearing, where those requests may be inspected, and
where and when the hearing will be held;
(6) the current status of the proposed rule and any agency
determinations with respect to the rule;
(7) any known timetable for agency decisions or other
action in the proceeding;
(8) the date of the rule's adoption;
(9) the date the rule was filed with the secretary of
state; and
(10) when the rule will become effective.
Sec. 27. [14.386] [PROCEDURE FOR ADOPTING EXEMPT RULES;
DURATION.]
(a) A rule adopted, amended, or repealed by an agency,
under a statute authorizing or requiring rules to be adopted but
excluded from the rulemaking provisions of chapter 14 or from
the definition of a rule, has the force and effect of law only
if:
(1) the revisor of statutes approves the form of the rule
by certificate;
(2) the office of administrative hearings approves the rule
as to its legality within 14 days after the agency submits it
for approval and files two copies of the rule with the revisor's
certificate in the office of the secretary of state; and
(3) a copy is published by the agency in the State Register.
(b) A rule adopted under this section is effective for a
period of two years from the date of publication of the rule in
the State Register. The authority for the rule expires at the
end of this two-year period.
(c) The chief administrative law judge shall adopt rules
relating to the rule approval duties imposed by this section and
section 14.388, including rules establishing standards for
review.
(d) This section does not apply to rules adopted, amended,
or repealed under section 14.388.
This section also does not apply to:
(1) rules implementing emergency powers pursuant to
sections 12.31 to 12.37;
(2) rules of agencies directly in the legislative or
judicial branches;
(3) rules of the regents of the University of Minnesota;
(4) rules of the department of military affairs;
(5) rules of the comprehensive health association provided
in section 62E.10;
(6) rules of the tax court provided by section 271.06;
(7) rules concerning only the internal management of the
agency or other agencies, and which do not directly affect the
rights of or procedure available to the public;
(8) rules of the commissioner of corrections relating to
the placement and supervision of inmates serving a supervised
release term, the internal management of institutions under the
commissioner's control, and rules adopted under section 609.105
governing the inmates of those institutions;
(9) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;
(10) opinions of the attorney general;
(11) the systems architecture plan and long-range plan of
the state education management information system provided by
section 121.931;
(12) the data element dictionary and the annual data
acquisition calendar of the department of education to the
extent provided by section 121.932;
(13) the occupational safety and health standards provided
in section 182.655;
(14) revenue notices and tax information bulletins of the
commissioner of revenue;
(15) uniform conveyancing forms adopted by the commissioner
of commerce under section 507.09;
(16) game and fish rules of the commissioner of natural
resources adopted under section 84.027, subdivision 13, or
sections 97A.0451 to 97A.0459; or
(17) experimental and special management waters designated
by the commissioner of natural resources under sections 97C.001
and 97C.005.
Sec. 28. [14.387] [LEGAL STATUS OF EXISTING EXEMPT RULES.]
A rule adopted on or before the day following final
enactment of this section, and which was not adopted under
sections 14.05 to 14.36 or their predecessor provisions, does
not have the force and effect of law on and after July 1, 1997,
and the authority for the rule expires on that date.
This section does not apply to:
(1) rules implementing emergency powers under sections
12.31 to 12.37;
(2) rules of agencies directly in the legislative or
judicial branches;
(3) rules of the regents of the University of Minnesota;
(4) rules of the department of military affairs;
(5) rules of the comprehensive health association provided
in section 62E.10;
(6) rules of the tax court provided by section 271.06;
(7) rules concerning only the internal management of the
agency or other agencies, and which do not directly affect the
rights of or procedure available to the public;
(8) rules of the commissioner of corrections relating to
the placement and supervision of inmates serving a supervised
release term, the internal management of institutions under the
commissioner's control, and rules adopted under section 609.105
governing the inmates of those institutions;
(9) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;
(10) opinions of the attorney general;
(11) the systems architecture plan and long-range plan of
the state education management information system provided by
section 121.931;
(12) the data element dictionary and the annual data
acquisition calendar of the department of education to the
extent provided by section 121.932;
(13) the occupational safety and health standards provided
in section 182.655;
(14) revenue notices and tax information bulletins of the
commissioner of revenue;
(15) uniform conveyancing forms adopted by the commissioner
of commerce under section 507.09;
(16) game and fish rules of the commissioner of natural
resources adopted under section 84.027, subdivision 13, or
sections 97A.0451 to 97A.0459; or
(17) experimental and special management waters designated
by the commissioner of natural resources under sections 97C.001
and 97C.005.
Sec. 29. [14.388] [GOOD CAUSE EXEMPTION.]
If an agency for good cause finds that the rulemaking
provisions of this chapter are unnecessary, impracticable, or
contrary to the public interest when adopting, amending, or
repealing a rule to:
(1) address a serious and immediate threat to the public
health, safety, or welfare;
(2) comply with a court order or a requirement in federal
law in a manner that does not allow for compliance with sections
14.14 to 14.28;
(3) incorporate specific changes set forth in applicable
statutes when no interpretation of law is required; or
(4) make changes that do not alter the sense, meaning, or
effect of a rule,
the agency may adopt, amend, or repeal the rule after satisfying
the requirements of section 14.386, paragraph (a), clauses (1)
to (3). The agency shall incorporate its findings and a brief
statement of its supporting reasons in its order adopting,
amending, or repealing the rule.
In review of the rule under section 14.386, the office of
administrative hearings shall determine whether the agency has
provided adequate justification for its use of this section.
Rules adopted, amended, or repealed under clauses (1) and
(2) are effective for a period of two years from the date of
publication of the rule in the State Register.
Rules adopted, amended, or repealed under clause (3) or (4)
are effective upon publication in the State Register.
Sec. 30. Minnesota Statutes 1994, section 14.48, is
amended to read:
14.48 [CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS; CHIEF
ADMINISTRATIVE LAW JUDGE APPOINTED; OTHER ADMINISTRATIVE LAW
JUDGES APPOINTED.]
A state office of administrative hearings is created. The
office shall be under the direction of a chief administrative
law judge who shall be learned in the law and appointed by the
governor, with the advice and consent of the senate, for a term
ending on June 30 of the sixth calendar year after appointment.
Senate confirmation of the chief administrative law judge shall
be as provided by section 15.066. The chief administrative law
judge may hear cases and shall appoint additional administrative
law judges and compensation judges to serve in the office as
necessary to fulfill the duties prescribed in sections 14.48 to
14.56 chapters 14 and chapter 176. The chief administrative law
judge may delegate to a subordinate employee the exercise of a
specified statutory power or duty as deemed advisable, subject
to the control of the chief administrative law judge. Every
delegation must be by written order filed with the secretary of
state. All administrative law judges and compensation judges
shall be in the classified service except that the chief
administrative law judge shall be in the unclassified service,
but may be removed only for cause. All administrative law
judges shall have demonstrated knowledge of administrative
procedures and shall be free of any political or economic
association that would impair their ability to function
officially in a fair and objective manner. All workers'
compensation judges shall be learned in the law, shall have
demonstrated knowledge of workers' compensation laws and shall
be free of any political or economic association that would
impair their ability to function officially in a fair and
objective manner.
Sec. 31. Minnesota Statutes 1994, section 14.51, is
amended to read:
14.51 [PROCEDURAL RULES FOR HEARINGS.]
The chief administrative law judge shall adopt rules to
govern: (1) the procedural conduct of all hearings, relating to
both rule adoption, amendment, suspension or repeal hearings,
contested case hearings, and workers' compensation hearings, and
to govern the conduct of voluntary mediation sessions for
rulemaking and contested cases other than those within the
jurisdiction of the bureau of mediation services. Temporary
rulemaking authority is granted to the chief administrative law
judge for the purpose of implementing Laws 1981, chapter 346,
sections 2 to 6, 103 to 122, 127 to 135, and 141; and (2) the
review of rules adopted without a public hearing. The
procedural rules for hearings shall be binding upon all agencies
and shall supersede any other agency procedural rules with which
they may be in conflict. The procedural rules for hearings
shall include in addition to normal procedural matters
provisions relating to recessing and reconvening new
hearings the procedure to be followed when the proposed final
rule of an agency is substantially different, as determined
under section 14.05, subdivision 2, from that which was proposed
at the public hearing. The procedural rules shall establish a
procedure whereby the proposed final rule of an agency shall be
reviewed by the chief administrative law judge to determine
whether or not a new hearing is required because on the issue of
substantial changes whether the proposed final rule of the
agency is substantially different than that which was proposed
or failure of the agency to meet the requirements of sections
14.131 to 14.18 chapter 14. The rules must also provide: (1)
an expedited procedure, consistent with section 14.001, clauses
(1) to (5), for the adoption of substantially different rules by
agencies; and (2) a procedure to allow an agency to receive
prior binding approval of its plan regarding the additional
notice contemplated under sections 14.101, 14.131, 14.14, 14.22,
and 14.23. Upon the chief administrative law judge's own
initiative or upon written request of an interested party, the
chief administrative law judge may issue a subpoena for the
attendance of a witness or the production of books, papers,
records or other documents as are material to the matter being
heard. The subpoenas shall be enforceable through the district
court in the district in which the subpoena is issued.
Sec. 32. Minnesota Statutes 1994, section 16A.1285,
subdivision 2, is amended to read:
Subd. 2. [POLICY.] Unless otherwise provided by law,
specific charges falling within definitions stipulated in
subdivision 1 must be set in the manner prescribed in this
subdivision provided that: (1) agencies, when setting,
adjusting, or authorizing any charge for goods or services that
are of direct, immediate, and primary benefit to an individual,
business, or other nonstate entity, shall set the charges at a
level that neither significantly over recovers nor under
recovers costs, including overhead costs, involved in providing
the services; or (2) that agencies, when setting, adjusting, or
establishing regulatory, licensure, or other charges that are
levied, in whole or in part, in the public interest shall
recover, but are not limited to, the costs involved in
performance and administration of the functions involved.
Unless specifically provided otherwise in statute, in
setting, adjusting, or authorizing charges that in whole or in
part recover previously unrecovered costs, recovery is limited
to those unrecovered costs incurred during the two fiscal years
immediately preceding the setting, adjustment, or authorization.
Sec. 33. Minnesota Statutes 1994, section 16A.1285,
subdivision 4, is amended to read:
Subd. 4. [RULEMAKING.] (a) Unless otherwise exempted or
unless specifically set by law, all charges for goods and
services, licenses, and regulation must be established or
adjusted as provided in chapter 14; except that agencies may
establish or adjust individual the following kinds of charges
when:
(1) charges for goods and services are provided for the
direct and primary use of a private individual, business, or
other similar entity;
(2) charges are nonrecurring charges;
(3) charges that would produce insignificant revenues;
(4) charges are billed within or between state agencies; or
(5) charges are for admissions to or for use of public
facilities operated by the state, if the charges are set
according to prevailing market conditions to recover operating
costs.
(b) In addition to the exceptions in paragraph (a),
agencies may adjust charges, with the approval of the
commissioner of finance, if the; or
(6) proposed adjustments to charges that are within
consumer price level (CPI) ranges stipulated by the commissioner
of finance, if the adjustments and do not change the type or
purpose of the item being adjusted.
(c) Any (b) Departmental earnings changes or adjustments
authorized by the commissioner of finance or listed in paragraph
(a), clause (1), (5), or (6), must be reported by the
commissioner of finance to the chairs of the senate committee on
finance and the house ways and means committee before August 1
November 30 of each year.
Sec. 34. Minnesota Statutes 1994, section 16A.1285,
subdivision 5, is amended to read:
Subd. 5. [PROCEDURE.] The commissioner of finance shall
review and comment on all departmental charges submitted for
approval under chapter 14. The commissioner's comments and
recommendations must be included in the statement of need and
reasonableness and must address any fiscal and policy concerns
raised during the review process.
Sec. 35. Minnesota Statutes 1994, section 17.84, is
amended to read:
17.84 [DUTIES OF THE COMMISSIONER.]
Within 30 days of the receipt of the notices notice
provided in section 17.82 or 17.83, the commissioner shall
review the agency's proposed action, shall negotiate with the
agency, and shall recommend to the agency in writing the
implementation either of the action as proposed or an
alternative. In making recommendations, the commissioner shall
follow the statement of policy contained in section 17.80. If
the proposed agency action is the adoption of a rule, the
recommendation of the commissioner shall be made a part of the
record in the rule hearing. If the agency receives no response
from the commissioner within 30 days, it shall be deemed a
recommendation that the agency take the action as proposed.
Sec. 36. Minnesota Statutes 1994, section 18E.03,
subdivision 3, is amended to read:
Subd. 3. [DETERMINATION OF RESPONSE AND REIMBURSEMENT
FEE.] (a) The commissioner shall determine the amount of the
response and reimbursement fee under subdivision 4 after a
public hearing, but notwithstanding section 16A.128, based on:
(1) the amount needed to maintain an unencumbered balance
in the account of $1,000,000;
(2) the amount estimated to be needed for responses to
incidents as provided in subdivision 2, clauses (1) and (2); and
(3) the amount needed for payment and reimbursement under
section 18E.04.
(b) The commissioner shall determine the response and
reimbursement fee so that the total balance in the account does
not exceed $5,000,000.
(c) Money from the response and reimbursement fee shall be
deposited in the treasury and credited to the agricultural
chemical response and reimbursement account.
Sec. 37. Minnesota Statutes 1994, section 43A.04, is
amended by adding a subdivision to read:
Subd. 11. [TRAINING FOR AGENCY RULEMAKING STAFF.] The
commissioner, in cooperation with the office of administrative
hearings, the attorney general, the revisor of statutes, and
experienced agency rulemaking staff, shall provide training to
agency staff involved in rulemaking, including information about
the availability of mediators through the office of
administrative hearings.
The commissioner may charge agency staff a registration fee
for attending this training. The fee must be set at a level
that permits the commissioner to recover the costs, excluding
costs of staff time for staff positions funded through general
fund appropriations, of providing this training.
The office of administrative hearings, the attorney
general, agencies involved in providing this training, and the
revisor of statutes shall not assess the commissioner for the
cost of staff time to conduct the training provided under this
subdivision.
Sec. 38. Minnesota Statutes 1994, section 62N.05, is
amended by adding a subdivision to read:
Subd. 4. [RECOVERY OF COSTS.] The provisions of section
16A.1285, subdivision 2, limiting recovery of costs to the two
fiscal years immediately preceding the setting, adjustment, or
authorization of fees do not apply to fees charged to entities
licensed under this chapter. This subdivision expires June 30,
1999.
Sec. 39. Minnesota Statutes 1994, section 84.027, is
amended by adding a subdivision to read:
Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of
natural resources may adopt rules under sections 97A.0451 to
97A.0459 and this subdivision that are authorized under:
(1) chapters 97A, 97B, and 97C to set open seasons and
areas, to close seasons and areas, to select hunters for areas,
to provide for tagging and registration of game, to prohibit or
allow taking of wild animals to protect a species, and to
prohibit or allow importation, transportation, or possession of
a wild animal; and
(2) sections 84.093, 84.14, 84.15, and 84.152 to set
seasons for harvesting wild ginseng roots and wild rice and to
restrict or prohibit harvesting in designated areas.
Clause (2) does not limit or supersede the commissioner's
authority to establish opening dates, days, and hours of the
wild rice harvesting season under section 84.14, subdivision 3.
(b) If conditions exist that do not allow the commissioner
to comply with sections 97A.0451 to 97A.0459, the commissioner
may adopt a rule under this subdivision by submitting the rule
to the attorney general for review under section 97A.0455,
publishing a notice in the State Register and filing the rule
with the secretary of state and the legislative commission to
review administrative rules, and complying with section
97A.0459, and including a statement of the emergency conditions
and a copy of the rule in the notice. The notice may be
published after it is received from the attorney general or five
business days after it is submitted to the attorney general,
whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon
publishing in the State Register and may be effective up to
seven days before publishing and filing under paragraph (b), if:
(1) the commissioner of natural resources determines that
an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the
commissioner publishes the rule once in a legal newspaper
published in Minneapolis, St. Paul, and Duluth, or for a rule
that affects three or fewer counties the commissioner publishes
the rule once in a legal newspaper in each of the affected
counties.
(d) Except as provided in paragraph (e), a rule published
under paragraph (c), clause (3), may not be effective earlier
than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may
be effective the day the rule is published if the commissioner
gives notice and holds a public hearing on the rule within 15
days before publication.
(f) The commissioner shall attempt to notify persons or
groups of persons affected by rules adopted under paragraphs (b)
and (c) by public announcements, posting, and other appropriate
means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under
this subdivision is effective for the period stated in the
notice but not longer than 18 months after the rule is adopted.
Sec. 40. [97A.0451] [AUTHORITY FOR USE OF EMERGENCY RULES
PROCEDURE; EXPIRATION OF AUTHORITY.]
Subdivision 1. [WHEN TO USE EMERGENCY RULEMAKING.] When
the commissioner 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 14.14 to 14.28,
or if the commissioner is expressly required or authorized by
statute to adopt emergency rules, the commissioner shall adopt
emergency rules in accordance with sections 97A.0451 to 97A.0459.
Subd. 2. [180-DAY TIME LIMIT.] Unless the commissioner 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, the commissioner may not adopt an
emergency rule later than 180 days after the effective date of
the statutory authority, except as provided in section 84.027,
subdivision 13. 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 commissioner may resubmit the
rule to the attorney general after taking corrective action.
The resubmission must occur within five working days after the
commissioner receives written notice of disapproval. If the
rule is again disapproved by the attorney general, it is
withdrawn.
Sec. 41. [97A.0452] [NOTICE OF PROPOSED ADOPTION OF
EMERGENCY RULE.]
The proposed emergency rule must be published with a notice
of intent to adopt emergency rules in the State Register, and
the same notice must be mailed to all persons registered with
the commissioner to receive notice of any rulemaking
proceedings. The notice must include a statement advising the
public that a free copy of the proposed rule is available on
request from the commissioner 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 commissioner
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. 42. [97A.0453] [NOTICE TO COMMITTEES FOR FEES FIXED
BY RULE.]
Before the commissioner submits notice to the State
Register of intent to adopt emergency rules that establish or
adjust fees, the commissioner shall comply with section 16A.128,
subdivision 2a.
Sec. 43. [97A.0454] [MODIFICATIONS OF PROPOSED EMERGENCY
RULE.]
The proposed emergency rule may be modified if the
modifications are supported by the data and views submitted to
the commissioner.
Sec. 44. [97A.0455] [SUBMISSION OF PROPOSED EMERGENCY RULE
TO ATTORNEY GENERAL.]
Subdivision 1. [SUBMISSION.] The commissioner shall submit
to the attorney general the proposed emergency rule as
published, with any modifications. On the same day that it is
submitted, the commissioner 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 must
state that fact, and must state that a free copy of the proposed
emergency rule, as modified, is available upon request from the
commissioner.
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 commissioner. The attorney
general shall send a statement of reasons for disapproval of the
rule to the commissioner, 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 commissioner'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 commissioner 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. 3. [COSTS.] The attorney general shall assess the
commissioner for the actual cost of processing rules under this
section. The commissioner shall include in the department's
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. 45. [97A.0456] [EFFECTIVE DATE OF EMERGENCY RULE.]
The emergency rule takes effect five working days after
approval 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 emergency rule to the revisor of
statutes. Failure of the attorney general to approve or
disapprove a proposed emergency rule within ten working days is
approval.
Sec. 46. [97A.0457] [PUBLICATION OF APPROVAL.]
As soon as practicable, notice of the attorney general's
decision must be published in the State Register and the adopted
rule must be published in the manner as provided for adopted
rules in section 14.18.
Sec. 47. [97A.0458] [EFFECTIVE PERIOD OF EMERGENCY RULE.]
Emergency rules adopted under sections 97A.0451 to 97A.0459
shall be effective for the period stated in the notice of intent
to adopt emergency rules which may not be longer than 180 days.
The emergency rules may be continued in effect for an additional
period of up to 180 days if the commissioner gives notice of
continuation by publishing notice in the State Register and
mailing the same notice to all persons registered with the
commissioner to receive notice of any rulemaking proceedings.
The continuation is not effective until these notices have been
mailed. No emergency rule may remain in effect on a date 361
days after its original effective date. The emergency rules may
not be continued in effect after 360 days without following the
procedure of sections 14.14 to 14.28.
Sec. 48. [97A.0459] [APPROVAL OF FORM OF EMERGENCY RULE.]
No approved 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. 49. Minnesota Statutes 1994, section 116.07,
subdivision 4d, is amended to read:
Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
fees in amounts not greater than those necessary to cover the
reasonable costs of reviewing and acting upon applications for
agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not
include the costs of litigation. The agency shall adopt rules
under section 16A.128 establishing the amounts and methods of
collection of any permit fees collected under this subdivision.
The fee schedule must reflect reasonable and routine permitting,
implementation, and enforcement costs. The agency may impose an
additional enforcement fee to be collected for a period of up to
two years to cover the reasonable costs of implementing and
enforcing the conditions of a permit under the rules of the
agency. Any money collected under this paragraph shall be
deposited in the special revenue account.
(b) Notwithstanding paragraph (a), and section 16A.128,
subdivision 1, the agency shall collect an annual fee from the
owner or operator of all stationary sources, emission
facilities, emissions units, air contaminant treatment
facilities, treatment facilities, potential air contaminant
storage facilities, or storage facilities subject to the
requirement to obtain a permit under Title V of the federal
Clean Air Act Amendments of 1990, Public Law Number 101-549,
Statutes at Large, volume 104, pages 2399 et seq., or section
116.081. The annual fee shall be used to pay for all direct and
indirect reasonable costs, including attorney general costs,
required to develop and administer the permit program
requirements of Title V of the federal Clean Air Act Amendments
of 1990, Public Law Number 101-549, Statutes at Large, volume
104, pages 2399 et seq., and sections of this chapter and the
rules adopted under this chapter related to air contamination
and noise. Those costs include the reasonable costs of
reviewing and acting upon an application for a permit;
implementing and enforcing statutes, rules, and the terms and
conditions of a permit; emissions, ambient, and deposition
monitoring; preparing generally applicable regulations;
responding to federal guidance; modeling, analyses, and
demonstrations; preparing inventories and tracking emissions;
providing information to the public about these activities; and,
after June 30, 1992, the costs of acid deposition monitoring
currently assessed under section 116C.69, subdivision 3.
(c) The agency shall adopt fee rules in accordance with the
procedures in section 16A.128, subdivisions 1a and 2a, 16A.1285
that will result in the collection, in the aggregate, from the
sources listed in paragraph (b), of the following amounts:
(1) in fiscal years 1992 and 1993, the amount appropriated
by the legislature from the air quality account in the
environmental fund for the agency's air quality program;
(2) for fiscal year 1994 and thereafter, an amount not less
than $25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or
7412 (section 111 or 112 of the federal Clean Air Act); and each
pollutant, except carbon monoxide, for which a national primary
ambient air quality standard has been promulgated; and
(3) for fiscal year 1994 and thereafter, the agency fee
rules may also result in the collection, in the aggregate, from
the sources listed in paragraph (b), of an amount not less than
$25 per ton of each pollutant not listed in clause (2) that is
regulated under Minnesota Rules, chapter 7005, or for which a
state primary ambient air quality standard has been adopted.
The agency must not include in the calculation of the aggregate
amount to be collected under the fee rules any amount in excess
of 4,000 tons per year of each air pollutant from a source.
(d) To cover the reasonable costs described in paragraph
(b), the agency shall provide in the rules promulgated under
paragraph (c) for an increase in the fee collected in each year
beginning after fiscal year 1993 by the percentage, if any, by
which the Consumer Price Index for the most recent calendar year
ending before the beginning of the year the fee is collected
exceeds the Consumer Price Index for the calendar year 1989.
For purposes of this paragraph the Consumer Price Index for any
calendar year is the average of the Consumer Price Index for
all-urban consumers published by the United States Department of
Labor, as of the close of the 12-month period ending on August
31 of each calendar year. The revision of the Consumer Price
Index that is most consistent with the Consumer Price Index for
calendar year 1989 shall be used.
(e) Any money collected under paragraphs (b) to (d) must be
deposited in an air quality account in the environmental fund
and must be used solely for the activities listed in paragraph
(b).
(f) Persons who wish to construct or expand an air emission
facility may offer to reimburse the agency for the costs of
staff overtime or consultant services needed to expedite permit
review. The reimbursement shall be in addition to fees imposed
by paragraphs (a) to (d). When the agency determines that it
needs additional resources to review the permit application in
an expedited manner, and that expediting the review would not
disrupt air permitting program priorities, the agency may accept
the reimbursement. Reimbursements accepted by the agency are
appropriated to the agency for the purpose of reviewing the
permit application. Reimbursement by a permit applicant shall
precede and not be contingent upon issuance of a permit and
shall not affect the agency's decision on whether to issue or
deny a permit, what conditions are included in a permit, or the
application of state and federal statutes and rules governing
permit determinations.
Sec. 50. Minnesota Statutes 1994, section 144.98,
subdivision 3, is amended to read:
Subd. 3. [FEES.] (a) An application for certification
under subdivision 1 must be accompanied by the annual fee
specified in this subdivision. The fees are for:
(1) base certification fee, $250; and
(2) test category certification fees:
Test Category Certification Fee
Bacteriology $100
Inorganic chemistry, fewer than four constituents $ 50
Inorganic chemistry, four or more constituents $150
Chemistry metals, fewer than four constituents $100
Chemistry metals, four or more constituents $250
Volatile organic compounds $300
Other organic compounds $300
(b) The total annual certification fee is the base fee plus
the applicable test category fees. The annual certification fee
for a contract laboratory is 1.5 times the total certification
fee.
(c) Laboratories located outside of this state that require
an on-site survey will be assessed an additional $1,200 fee.
(d) The commissioner of health may adjust fees under
section 16A.128, subdivision 2 16A.1285 without rulemaking.
Fees must be set so that the total fees support the laboratory
certification program. Direct costs of the certification
service include program administration, inspections, the
agency's general support costs, and attorney general costs
attributable to the fee function.
Sec. 51. Minnesota Statutes 1994, section 221.0335, is
amended to read:
221.0335 [HAZARDOUS MATERIALS TRANSPORTATION REGISTRATION;
FEES.]
A person required to file a registration statement under
section 106(c) of the federal Hazardous Materials Transportation
Safety Act of 1990 may not transport a hazardous material unless
the person files an annual hazardous materials registration
statement with the commissioner and pays a fee. The
commissioner shall adopt rules to implement this section,
including administration of the registration program and
establishing registration fees. A fee may not exceed a person's
annual registration fee under the federal act. Fees must be set
in accordance with section 16A.128, subdivision 1a, 16A.1285 to
cover the costs of administering and enforcing this section and
the costs of hazardous materials incident response capability
under sections 299A.48 to 299A.52 and 299K.095. All fees
collected under this section must be deposited in the general
fund.
Sec. 52. Minnesota Statutes 1994, section 326.2421,
subdivision 3, is amended to read:
Subd. 3. [ALARM AND COMMUNICATION CONTRACTOR'S LICENSES.]
No person may lay out, install, maintain, or repair alarm and
communication systems, unless the person is licensed as an alarm
and communication contractor under this subdivision, or is a
licensed electrical contractor under section 326.242,
subdivision 6, or is an employee of the contractor. The board
of electricity shall issue an alarm and communication
contractor's license to any individual, corporation,
partnership, sole proprietorship, or other business entity that
provides adequate proof that a bond and insurance in the amounts
required by section 326.242, subdivision 6, have been obtained
by the applicant. The board may initially shall set license
fees without rulemaking, pursuant to section 16A.128 16A.1285.
Installation of alarm and communication systems are subject to
inspection and inspection fees as provided in section 326.244,
subdivision 1a.
Sec. 53. Minnesota Statutes 1994, section 341.10, is
amended to read:
341.10 [LICENSE FEES.]
The board shall have authority to collect and require the
payment of a license fee in an amount set by the board from the
owners of franchises or licenses. Notwithstanding section
16A.128, subdivision 1a, The fee is not subject to approval by
the commissioner of finance and need not recover all costs. The
board shall require the payment of the fee at the time of the
issuance of the license or franchise to the owner. The moneys
so derived shall be collected by the board and paid to the state
treasurer. The board shall have authority to license all
boxers, managers, seconds, referees and judges and may require
them to pay a license fee. All moneys collected by the board
from such licenses shall be paid to the state treasurer.
Sec. 54. [APPROPRIATION.]
(a) $35,000 is appropriated from the general fund to the
administrative hearings account in Minnesota Statutes, section
14.54, for the purposes of section 55. The appropriation is
available until spent and must be reimbursed to the general fund
by June 30, 1997.
(b) The office of the attorney general shall transfer
$15,000 in fiscal year 1996 to the office of administrative
hearings.
Sec. 55. [TRANSFER OF RULE REVIEW AUTHORITY.]
(a) The rule review duties of the office of the attorney
general are transferred to the office of administrative hearings
on January 1, 1996. Minnesota Statutes, section 15.039, does
not apply to this transfer.
(b) Proposed rules for which a notice under Minnesota
Statutes, section 14.22 or 14.30, has been published in the
State Register before January 1, 1996, shall continue to be
reviewed by the attorney general under the rule review authority
transferred by this article and are governed by Minnesota
Statutes 1994, chapter 14, and Minnesota Rules, chapter 2010.
(c) Except as otherwise provided in paragraph (b),
Minnesota Rules, chapter 2010, shall be enforced by the office
of administrative hearings until it is amended or repealed by
that office.
Sec. 56. [REVISOR INSTRUCTION.]
The revisor of statutes shall correct or remove the
references in Minnesota Statutes and Minnesota Rules to the
statutory sections repealed in this article.
The revisor of statutes shall change the terms "office of
attorney general," "attorney general," or similar terms to
"office of administrative hearings," "chief administrative law
judge," "administrative law judge," or similar terms in
Minnesota Rules, chapter 2010, to reflect the intent of the
legislature to transfer the attorney general's rule review
functions in the manner provided in this article.
Sec. 57. [REPEALER.]
(a) Minnesota Statutes 1994, sections 3.846; 14.11; 14.115;
14.12; 14.1311; 14.235; and 17.83, are repealed.
(b) Minnesota Statutes 1994, sections 14.29; 14.30; 14.305;
14.31; 14.32; 14.33; 14.34; 14.35; and 14.36, are repealed.
(c) Minnesota Statutes 1994, section 14.10, is repealed.
Sec. 58. [EFFECTIVE DATE.]
Sections 1 to 3; 5; 7; 8; 11; 16; 28; 35; 57, paragraph
(c); and the rulemaking authority granted in sections 27 and 31
are effective the day following final enactment. Section 12
applies to laws authorizing or requiring rulemaking that are
finally enacted after January 1, 1996. Section 32 is effective
for costs incurred after June 30, 1995. Sections 4, 33, 34, 36,
and 49 to 54 are effective July 1, 1995. The remainder of the
article is effective January 1, 1996.
ARTICLE 3
Section 1. [REPEALER; DEPARTMENT OF AGRICULTURE.]
Minnesota Rules, parts 1540.0010, subparts 12, 18, 21, 22,
and 24; 1540.0060; 1540.0070; 1540.0080; 1540.0100; 1540.0110;
1540.0120; 1540.0130; 1540.0140; 1540.0150; 1540.0160;
1540.0170; 1540.0180; 1540.0190; 1540.0200; 1540.0210;
1540.0220; 1540.0230; 1540.0240; 1540.0260; 1540.0320;
1540.0330; 1540.0340; 1540.0350; 1540.0370; 1540.0380;
1540.0390; 1540.0400; 1540.0410; 1540.0420; 1540.0440;
1540.0450; 1540.0460; 1540.0490; 1540.0500; 1540.0510;
1540.0520; 1540.0770; 1540.0780; 1540.0800; 1540.0810;
1540.0830; 1540.0880; 1540.0890; 1540.0900; 1540.0910;
1540.0920; 1540.0930; 1540.0940; 1540.0950; 1540.0960;
1540.0970; 1540.0980; 1540.0990; 1540.1000; 1540.1005;
1540.1010; 1540.1020; 1540.1030; 1540.1040; 1540.1050;
1540.1060; 1540.1070; 1540.1080; 1540.1090; 1540.1100;
1540.1110; 1540.1120; 1540.1130; 1540.1140; 1540.1150;
1540.1160; 1540.1170; 1540.1180; 1540.1190; 1540.1200;
1540.1210; 1540.1220; 1540.1230; 1540.1240; 1540.1250;
1540.1255; 1540.1260; 1540.1280; 1540.1290; 1540.1300;
1540.1310; 1540.1320; 1540.1330; 1540.1340; 1540.1350;
1540.1360; 1540.1380; 1540.1400; 1540.1410; 1540.1420;
1540.1430; 1540.1440; 1540.1450; 1540.1460; 1540.1470;
1540.1490; 1540.1500; 1540.1510; 1540.1520; 1540.1530;
1540.1540; 1540.1550; 1540.1560; 1540.1570; 1540.1580;
1540.1590; 1540.1600; 1540.1610; 1540.1620; 1540.1630;
1540.1640; 1540.1650; 1540.1660; 1540.1670; 1540.1680;
1540.1690; 1540.1700; 1540.1710; 1540.1720; 1540.1730;
1540.1740; 1540.1750; 1540.1760; 1540.1770; 1540.1780;
1540.1790; 1540.1800; 1540.1810; 1540.1820; 1540.1830;
1540.1840; 1540.1850; 1540.1860; 1540.1870; 1540.1880;
1540.1890; 1540.1900; 1540.1905; 1540.1910; 1540.1920;
1540.1930; 1540.1940; 1540.1950; 1540.1960; 1540.1970;
1540.1980; 1540.1990; 1540.2000; 1540.2010; 1540.2015;
1540.2020; 1540.2090; 1540.2100; 1540.2110; 1540.2120;
1540.2180; 1540.2190; 1540.2200; 1540.2210; 1540.2220;
1540.2230; 1540.2240; 1540.2250; 1540.2260; 1540.2270;
1540.2280; 1540.2290; 1540.2300; 1540.2310; 1540.2320;
1540.2325; 1540.2330; 1540.2340; 1540.2350; 1540.2360;
1540.2370; 1540.2380; 1540.2390; 1540.2400; 1540.2410;
1540.2420; 1540.2430; 1540.2440; 1540.2450; 1540.2490;
1540.2500; 1540.2510; 1540.2530; 1540.2540; 1540.2550;
1540.2560; 1540.2570; 1540.2580; 1540.2590; 1540.2610;
1540.2630; 1540.2640; 1540.2650; 1540.2660; 1540.2720;
1540.2730; 1540.2740; 1540.2760; 1540.2770; 1540.2780;
1540.2790; 1540.2800; 1540.2810; 1540.2820; 1540.2830;
1540.2840; 1540.3420; 1540.3430; 1540.3440; 1540.3450;
1540.3460; 1540.3470; 1540.3560; 1540.3600; 1540.3610;
1540.3620; 1540.3630; 1540.3700; 1540.3780; 1540.3960;
1540.3970; 1540.3980; 1540.3990; 1540.4000; 1540.4010;
1540.4020; 1540.4030; 1540.4040; 1540.4080; 1540.4190;
1540.4200; 1540.4210; 1540.4220; 1540.4320; 1540.4330; and
1540.4340, are repealed.
Sec. 2. [REPEALER; DEPARTMENT OF COMMERCE.]
Minnesota Rules, parts 2642.0120, subpart 1; 2650.0100;
2650.0200; 2650.0300; 2650.0400; 2650.0500; 2650.0600;
2650.1100; 2650.1200; 2650.1300; 2650.1400; 2650.1500;
2650.1600; 2650.1700; 2650.1800; 2650.1900; 2650.2000;
2650.2100; 2650.3100; 2650.3200; 2650.3300; 2650.3400;
2650.3500; 2650.3600; 2650.3700; 2650.3800; 2650.3900;
2650.4000; 2650.4100; 2655.1000; 2660.0070; and 2770.7400, are
repealed.
Sec. 3. [REPEALER; DEPARTMENT OF HEALTH.]
Minnesota Rules, part 4610.2210, is repealed.
Sec. 4. [REPEALER; DEPARTMENT OF HUMAN SERVICES.]
Minnesota Rules, parts 9540.0100; 9540.0200; 9540.0300;
9540.0400; 9540.0500; 9540.1000; 9540.1100; 9540.1200;
9540.1300; 9540.1400; 9540.1500; 9540.2000; 9540.2100;
9540.2200; 9540.2300; 9540.2400; 9540.2500; 9540.2600; and
9540.2700, are repealed.
Sec. 5. [REPEALER; POLLUTION CONTROL AGENCY.]
Minnesota Rules, parts 7002.0410; 7002.0420; 7002.0430;
7002.0440; 7002.0450; 7002.0460; 7002.0470; 7002.0480;
7002.0490; 7047.0010; 7047.0020; 7047.0030; 7047.0040;
7047.0050; 7047.0060; 7047.0070; 7100.0300; 7100.0310;
7100.0320; 7100.0330; 7100.0335; 7100.0340; and 7100.0350, are
repealed.
Sec. 6. [REPEALER; DEPARTMENT OF PUBLIC SAFETY.]
Minnesota Rules, parts 7510.6100; 7510.6200; 7510.6300;
7510.6350; 7510.6400; 7510.6500; 7510.6600; 7510.6700;
7510.6800; 7510.6900; and 7510.6910, are repealed.
Sec. 7. [REPEALER; DEPARTMENT OF PUBLIC SERVICE.]
Minnesota Rules, parts 7600.0100; 7600.0200; 7600.0300;
7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800;
7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300;
7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800;
7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300;
7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800;
7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300;
7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800;
7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300;
7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800;
7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300;
7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800;
7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300;
7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800;
7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210;
7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700;
7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200;
7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700;
7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200;
7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700;
7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120;
7625.0200; 7625.0210; 7625.0220; and 7625.0230, are repealed.
Sec. 8. [REPEALER; DEPARTMENT OF REVENUE.]
Minnesota Rules, parts 8120.1100, subpart 3; 8121.0500,
subpart 2; 8130.9912; 8130.9913; 8130.9916; 8130.9920;
8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972;
8130.9980; and 8130.9992, are repealed.
ARTICLE 4
Section 1. Minnesota Rules, part 1540.2140, is amended to
read:
1540.2140 DISPOSITION OF CONDEMNED MEAT OR PRODUCT AT OFFICIAL
ESTABLISHMENTS HAVING NO TANKING FACILITIES.
Any carcass or product condemned at an official
establishment which has no facilities for tanking shall be
denatured with crude carbolic acid, cresylic disinfectant, or
other prescribed agent, or be destroyed by incineration under
the supervision of a department employee. When such carcass or
product is not incinerated it shall be slashed freely with a
knife, before the denaturing agent is applied.
Carcasses and products condemned on account of anthrax, and
the materials identified in parts 1540.1300 to 1540.1360, which
are derived therefrom at establishments which are not equipped
with tanking facilities shall be disposed of by complete
incineration, or by thorough denaturing with a prescribed
denaturant, and then disposed of in accordance with the
requirements of the Board of Animal Health, who shall be
notified immediately by the inspector in charge.
Sec. 2. Minnesota Rules, part 7001.0140, subpart 2, is
amended to read:
Subp. 2. Agency findings. The following findings by the
agency constitute justification for the agency to refuse to
issue a new or modified permit, to refuse permit reissuance, or
to revoke a permit without reissuance:
A. that with respect to the facility or activity to be
permitted, the proposed permittee or permittees will not comply
with all applicable state and federal pollution control statutes
and rules administered by the agency, or conditions of the
permit;
B. that there exists at the facility to be permitted
unresolved noncompliance with applicable state and federal
pollution control statutes and rules administered by the agency,
or conditions of the permit and that the permittee will not
undertake a schedule of compliance to resolve the noncompliance;
C. that the permittee has failed to disclose fully all
facts relevant to the facility or activity to be permitted, or
that the permittee has submitted false or misleading information
to the agency or to the commissioner;
D. that the permitted facility or activity endangers human
health or the environment and that the danger cannot be removed
by a modification of the conditions of the permit;
E. that all applicable requirements of Minnesota Statutes,
chapter 116D and the rules adopted under Minnesota Statutes,
chapter 116D have not been fulfilled;
F. that with respect to the facility or activity to be
permitted, the proposed permittee has not complied with any
requirement under parts 7002.0210 to 7002.0310, 7002.0410 to
7002.0490, or chapter 7046 to pay fees; or
G. that with respect to the facility or activity to be
permitted, the proposed permittee has failed to pay a penalty
owed under Minnesota Statutes, section 116.072.
Sec. 3. Minnesota Rules, part 7001.0180, is amended to
read:
7001.0180 JUSTIFICATION TO COMMENCE REVOCATION WITHOUT
REISSUANCE OF PERMIT.
The following constitute justification for the commissioner
to commence proceedings to revoke a permit without reissuance:
A. existence at the permitted facility of unresolved
noncompliance with applicable state and federal pollution
statutes and rules or a condition of the permit, and refusal of
the permittee to undertake a schedule of compliance to resolve
the noncompliance;
B. the permittee fails to disclose fully the facts
relevant to issuance of the permit or submits false or
misleading information to the agency or to the commissioner;
C. the commissioner finds that the permitted facility or
activity endangers human health or the environment and that the
danger cannot be removed by a modification of the conditions of
the permit;
D. the permittee has failed to comply with any requirement
under parts 7002.0210 to 7002.0310, 7002.0410 to 7002.0490, or
chapter 7046 to pay fees; or
E. the permittee has failed to pay a penalty owed under
Minnesota Statutes, section 116.072.
Sec. 4. Minnesota Rules, part 8130.3500, subpart 3, is
amended to read:
Subp. 3. Motor carrier direct pay certificate. A motor
carrier direct pay certificate will be issued to qualified
electing carriers by the commissioner of revenue and will be
effective as of the date shown on the certificate. A facsimile
of the authorized motor carrier direct pay certificate is
reproduced at part 8130.9958.
Sec. 5. Minnesota Rules, part 8130.6500, subpart 5, is
amended to read:
Subp. 5. Sale of aircraft. When the dealer sells the
aircraft, the selling price must be included in gross sales.
The fact that the aircraft commercial use permit has not expired
or that the dealer has reported and paid use tax on the aircraft
has no effect on the taxability of the sale. The dealer must
return the aircraft commercial use permit (unless previously
returned) when the dealer files the sales and use tax return for
the month in which the sale was made. No credit or refund is
given for the $20 fee originally paid.
A facsimile of the authorized aircraft commercial use
permit is reproduced at part 8130.9992.
Presented to the governor May 23, 1995
Signed by the governor May 25, 1995, 10:15 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes