Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 335-S.F.No. 2676 
                  An act relating to local government; changing the 
                  sunset on provisions for authorizing local governments 
                  to petition to amend or repeal a rule; amending 
                  Minnesota Statutes 1999 Supplement, section 14.091. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1999 Supplement, section 
        14.091, is amended to read: 
           14.091 [PETITION; UNIT OF LOCAL GOVERNMENT.] 
           (a) The elected governing body of a statutory or home rule 
        city or, a county, or a sanitary district may petition for 
        amendment or repeal of a rule or a specified portion of a rule.  
        The petition must be adopted by resolution of the elected 
        governing body and must be submitted in writing to the agency 
        and to the office of administrative hearings, must specify what 
        amendment or repeal is requested, and must demonstrate that one 
        of the following has become available since the adoption of the 
        rule in question: 
           (1) significant new evidence relating to the need for or 
        reasonableness of the rule; or 
           (2) less costly or intrusive methods of achieving the 
        purpose of the rule. 
           (b) Within 30 days of receiving a petition, an agency shall 
        reply to the petitioner in writing stating either that the 
        agency, within 90 days of the date of the reply, will give 
        notice under section 14.389 of intent to adopt the amendment or 
        repeal requested by the petitioner or that the agency does not 
        intend to amend or repeal the rule and has requested the office 
        of administrative hearings to review the petition.  If the 
        agency intends to amend or repeal the rule in the manner 
        requested by the petitioner, the agency must use the process 
        under section 14.389 to amend or repeal the rule.  Section 
        14.389, subdivision 5, applies.  
           (c) Upon receipt of an agency request under paragraph (b), 
        the chief administrative law judge shall assign an 
        administrative law judge, who was not involved when the rule or 
        portion of a rule that is the subject of the petition was 
        adopted or amended, to review the petition to determine whether 
        the petitioner has complied with the requirements of paragraph 
        (a).  The petitioner, the agency, or any interested person, at 
        the option of any of them, may submit written material for the 
        assigned administrative law judge's consideration within ten 
        days of the chief administrative law judge's receipt of the 
        agency request.  The administrative law judge shall dismiss the 
        petition if the judge determines that: 
           (1) the petitioner has not complied with the requirements 
        of paragraph (a); 
           (2) the rule is required to comply with a court order; or 
           (3) the rule is required by federal law or is required to 
        maintain authority to administer a federal program. 
           (d) If the administrative law judge assigned by the chief 
        administrative law judge determines that the petitioner has 
        complied with the requirements of paragraph (a), the 
        administrative law judge shall conduct a hearing and issue a 
        decision on the petition within 120 days of its receipt by the 
        office of administrative hearings.  The agency shall give notice 
        of the hearing in the same manner required for notice of a 
        proposed rule hearing under section 14.14, subdivision 1a.  At 
        the public hearing, the agency shall make an affirmative 
        presentation of facts establishing the need for and 
        reasonableness of the rule or portion of the rule in question.  
        If the administrative law judge determines that the agency has 
        not established the continued need for and reasonableness of the 
        rule or portion of the rule, the rule or portion of the rule 
        does not have the force of law, effective 90 days after the 
        administrative law judge's decision, unless the agency has 
        before then published notice in the State Register of intent to 
        amend or repeal the rule in accordance with paragraph (e). 
           (e) The agency may amend or repeal the rule in the manner 
        requested by the petitioner, or in another manner that the 
        administrative law judge has determined is needed and reasonable.
        Amendments under this paragraph may be adopted under the 
        expedited process in section 14.389.  Section 14.389, 
        subdivision 5, applies to this adoption.  If the agency uses the 
        expedited process and no public hearing is required, the agency 
        must complete the amendment or repeal of the rule within 90 days 
        of the administrative law judge's decision under paragraph (d).  
        If a public hearing is required, the agency must complete the 
        amendment or repeal of the rule within 180 days of the 
        administrative law judge's decision under paragraph (d).  A rule 
        or portion of a rule that is not amended or repealed in the time 
        prescribed by this paragraph does not have the force of law upon 
        expiration of the deadline.  A rule that is amended within the 
        time prescribed in this paragraph has the force of law, as 
        amended. 
           (f) The chief administrative law judge shall report the 
        decision under paragraph (d) within 30 days to the chairs of the 
        house and senate committees having jurisdiction over 
        governmental operations and the chairs of the house and senate 
        committees having jurisdiction over the agency whose rule or 
        portion of a rule was the subject of the petition. 
           (g) The chief administrative law judge shall assess a 
        petitioner half the cost of processing a petition and conducting 
        a public hearing under paragraph (d). 
           (h) This section expires July 31, 2001 2006. 
           Presented to the governor April 3, 2000 
           Signed by the governor April 6, 2000, 3:45 p.m.