Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 283-S.F.No. 2698 
                  An act relating to agencies; providing for the right 
                  to extend a deadline with certain conditions; amending 
                  Minnesota Statutes 1995 Supplement, section 15.99, 
                  subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        15.99, subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATION; EXTENSIONS.] (a) The time limit in 
        subdivision 2 begins upon the agency's receipt of a written 
        request containing all information required by law or by a 
        previously adopted rule, ordinance, or policy of the agency.  If 
        an agency receives a written request that does not contain all 
        required information, the 60-day limit starts over only if the 
        agency sends notice within ten business days of receipt of the 
        request telling the requester what information is missing. 
           (b) If an action relating to zoning, septic systems, or 
        expansion of the metropolitan urban service area requires the 
        approval of more than one state agency in the executive branch, 
        the 60-day period in subdivision 2 begins to run for all 
        executive branch agencies on the day a request containing all 
        required information is received by one state agency.  The 
        agency receiving the request must forward copies to other state 
        agencies whose approval is required. 
           (c) An agency response meets the 60-day time limit if the 
        agency can document that the response was sent within 60 days of 
        receipt of the written request. 
           (d) The time limit in subdivision 2 is extended if a state 
        statute, federal law, or court order requires a process to occur 
        before the agency acts on the request, and the time periods 
        prescribed in the state statute, federal law, or court order 
        make it impossible to act on the request within 60 days.  In 
        cases described in this paragraph, the deadline is extended to 
        60 days after completion of the last process required in the 
        applicable statute, law, or order.  Final approval of an agency 
        receiving a request is not considered a process for purposes of 
        this paragraph. 
           (e) The time limit in subdivision 2 is extended if:  (1) a 
        request submitted to a state agency requires prior approval of a 
        federal agency; or (2) an application submitted to a city, 
        county, town, school district, metropolitan or regional entity, 
        or other political subdivision requires prior approval of a 
        state or federal agency.  In cases described in this paragraph, 
        the deadline for agency action is extended to 60 days after the 
        required prior approval is granted. 
           (f) An agency may extend the timeline under this 
        subdivision time limit in subdivision 2 before the end of the 
        initial 60-day period by providing written notice of the 
        extension to the applicant.  The notification must state the 
        reasons for the extension and its anticipated length, which may 
        not exceed 60 days unless approved by the applicant. 
           Presented to the governor February 26, 1996 
           Signed by the governor February 27, 1996, 10:14 a.m.