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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 129-H.F.No. 1905 
                  An act relating to state government; rulemaking; 
                  authorizing the governor to veto certain rules; 
                  amending Minnesota Statutes 1998, sections 14.05, by 
                  adding a subdivision; 14.16, subdivision 3; 14.26, 
                  subdivision 3; 14.386; and 14.389, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 14.05, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [VETO OF ADOPTED RULES.] The governor may veto 
        all or a severable portion of a rule of an agency as defined in 
        section 14.02, subdivisions 2 and 4, by publishing notice of the 
        veto in the State Register within 14 days of receiving a copy of 
        the rule from the secretary of state under section 14.16, 
        subdivision 3, 14.26, subdivision 3, or 14.386 or the agency 
        under section 14.389, subdivision 3.  This authority applies 
        only to the extent that the agency itself would have authority, 
        through rulemaking, to take such action.  If the governor vetoes 
        a rule or portion of a rule under this section, the governor 
        shall notify the chairs of the legislative committees having 
        jurisdiction over the agency whose rule was vetoed. 
           Sec. 2.  Minnesota Statutes 1998, section 14.16, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FILING.] After the agency has adopted the rule, 
        the agency shall promptly file two three copies of it in the 
        office of the secretary of state.  The secretary of state shall 
        forward one copy of each rule filed to the revisor of 
        statutes and to the governor.  
           Sec. 3.  Minnesota Statutes 1998, section 14.26, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REVIEW.] (a) Within 14 days, the administrative 
        law judge shall approve or disapprove the rule as to its 
        legality and its form to the extent that the form relates to 
        legality, including the issues of whether the rule if modified 
        is substantially different, as determined under section 14.05, 
        subdivision 2, from the rule as originally proposed, 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.  If the rule is approved, 
        the administrative law judge shall promptly file two three 
        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 and to the governor.  If the rule is 
        disapproved, the administrative law judge shall state in writing 
        the reasons for the disapproval and make recommendations to 
        overcome the 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 coordinating commission, and 
        the revisor of statutes and advise the agency and the revisor of 
        statutes of actions that will correct the defects.  The rule may 
        not be filed in the office of the secretary of state, nor 
        published, 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.  
           (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 coordinating commission for the 
        commission's advice and comment.  The agency may 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 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 administrative law judge finds: 
           (1) that the failure did not deprive any person or entity 
        of an opportunity to participate meaningfully in the rulemaking 
        process; or 
           (2) that the agency has taken corrective action to cure the 
        error or defect so that the failure did not deprive any person 
        or entity of an opportunity to participate meaningfully in the 
        rulemaking process. 
           Sec. 4.  Minnesota Statutes 1998, section 14.386, is 
        amended to read: 
           14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.] 
           (a) A rule adopted, amended, or repealed by an agency, 
        under a statute enacted after January 1, 1997, 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 three 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.
           The secretary of state shall forward one copy of the rule 
        to the governor. 
           A statute enacted after January 1, 1997, authorizing or 
        requiring rules to be adopted but excluded from the rulemaking 
        provisions of chapter 14 or from the definition of a rule does 
        not excuse compliance with this section unless it makes specific 
        reference to this section. 
           (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: 
           (1) any group or rule listed in section 14.03, subdivisions 
        1 and 3, except as otherwise provided by law; 
           (2) game and fish rules of the commissioner of natural 
        resources adopted under section 84.027, subdivision 13, or 
        sections 97A.0451 to 97A.0459; 
           (3) experimental and special management waters designated 
        by the commissioner of natural resources under sections 97C.001 
        and 97C.005; or 
           (4) game refuges designated by the commissioner of natural 
        resources under section 97A.085. 
           (e) If a statute provides that a rule is exempt from 
        chapter 14, and section 14.386 does not apply to the rule, the 
        rule has the force of law unless the context of the statute 
        delegating the rulemaking authority makes clear that the rule 
        does not have force of law. 
           Sec. 5.  Minnesota Statutes 1998, section 14.389, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ADOPTION.] The agency may modify a proposed rule 
        if the modifications do not result in a substantially different 
        rule, as defined in section 14.05, subdivision 2, paragraphs (b) 
        and (c).  If the final rule is identical to the rule originally 
        published in the State Register, the agency must publish a 
        notice of adoption in the State Register.  If the final rule is 
        different from the rule originally published in the State 
        Register, the agency must publish a copy of the changes in the 
        State Register.  The agency must also file a copy of the rule 
        with the governor.  The rule is effective upon publication in 
        the State Register. 
           Sec. 6.  [SUNSET.] 
           Minnesota Statutes, section 14.05, subdivision 6, expires 
        June 30, 2001. 
           Sec. 7.  [EFFECTIVE DATE.] 
           This act is effective July 1, 1999, and applies to rules 
        adopted on or after that date. 
           Presented to the governor May 3, 1999 
           Signed by the governor May 6, 1999, 3:41 p.m.