Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 469-S.F.No. 3234
An act relating to state government; authorizing
legislative governmental operations committees to
formally object to administrative rules; modifying the
review of proposed rules; providing for the review and
repeal of certain administrative rules; creating a
rules task force; providing appointments; requiring a
report on teacher preparation programs; amending
Minnesota Statutes 1998, sections 3.842, subdivision
4a; and 14.15, subdivision 4; Minnesota Statutes 1999
Supplement, section 14.26, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 14;
repealing Minnesota Rules, parts 1200.0200; 1200.0300;
1250.0200; 1250.0300; 1250.0400; 1250.0500; 1250.0600;
1250.0700; 1250.0800; 1250.0900; 1250.1000; 1250.1100;
1250.1200; 1265.0100; 1265.0200; 1265.0300; 1265.0400;
1265.0500; 1265.0600; 1555.2205 to 1555.2410;
1555.2440 to 1555.3920; 1555.3990 to 1555.4110;
7402.0100; 7402.0200; 7401.0300; 7402.0400; and
7402.0500.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 3.842,
subdivision 4a, is amended to read:
Subd. 4a. [OBJECTIONS TO RULES.] (a) For purposes of this
subdivision, "committee" means the house of representatives
policy committee or senate policy committee with primary
jurisdiction over state governmental operations. The commission
or a committee may object to a rule as provided in this
subdivision. If the commission or a committee objects to all or
some portion of a rule because the commission or committee
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 or committee may
file that objection in the office of the secretary of state.
The filed objection must contain a concise statement of the
commission's or committee's reasons for its action. An
objection to a proposed rule submitted by the commission or a
committee 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 to the revisor of statutes. The secretary of state shall
also maintain a permanent register open to public inspection of
all objections by the commission or committee.
(c) The commission or committee shall publish and index an
objection filed under this section in the next issue of the
State Register. The revisor of statutes shall indicate the
existence of the objection 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 or committee to a rule, the issuing agency shall
respond in writing to the commission objecting entity. After
receipt of the response, the commission or committee may
withdraw or modify its objection.
(e) After the filing of an objection by the commission or
committee 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 or a committee to object
to a rule is not an implied legislative authorization of its
validity.
(g) In accordance with sections 14.44 and 14.45, the
commission or a committee may petition for a declaratory
judgment to determine the validity of a rule objected to by the
commission or committee. The action must be started within two
years after an objection is filed in the office of the secretary
of state.
(h) The commission or a committee 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. 2. Minnesota Statutes 1998, 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 coordinating commission and to
the house of representatives and senate policy committees with
primary jurisdiction over state governmental operations 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 and committees. However, the agency is not required
to wait for the commission's advice for more than 60 days after
the commission has and committees have received the agency's
submission.
Sec. 3. Minnesota Statutes 1999 Supplement, 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 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, the
house of representatives and senate policy committees with
primary jurisdiction over state governmental operations, 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 and to the house
of representatives and senate policy committees with primary
jurisdiction over state governmental operations 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 and committees. However, the agency is not required
to wait for the commission's advice for more than 60 days after
the commission has and committees have 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. [14.3691] [RULE REVIEW AND LEGISLATIVE OVERSIGHT.]
Subdivision 1. [REPORTS.] An entity whose rules are
scheduled for review under this section must report to the
governor and the appropriate committees of the legislature by
August 1 of the year before the legislative session in which the
entity's rules are scheduled for review. The speaker of the
house of representatives and the senate committee on rules and
administration shall designate the appropriate committees to
receive these reports. The report must: (1) list any rules
that the entity recommends for repeal; (2) list and briefly
describe the rationale for rules that the entity believes should
remain in effect; and (3) suggest any changes in rules that
would improve the agency's ability to meet the regulatory
objectives prescribed by the legislature, while reducing any
unnecessary burdens on regulated parties. Any costs of
preparing this report must be absorbed within funds otherwise
appropriated to the entity.
Subd. 2. [SCHEDULE.] (a) Rules of the administration
department, agriculture department, children, families, and
learning department, commerce department, corrections
department, economic security department, employee relations
department, and health department will be reviewed before and
during the legislative session in 2002. Policies and procedures
of the board of trustees of the Minnesota state colleges and
universities that would be rules if they were not exempt from
chapter 14 will be reviewed before and during the legislative
session in 2002.
(b) Rules of the environmental assistance office, board of
teaching, housing finance agency, human rights department, human
services department, labor and industry department, and
mediation services bureau will be reviewed before and during the
legislative session in 2003.
(c) Rules of the natural resources department, pollution
control agency, public safety department, public service
department, and revenue department will be reviewed before and
during the legislative session in 2004.
(d) Rules of the state planning agency, trade and economic
development department, transportation department, and veterans
affairs department will be reviewed before and during the
legislative session in 2005.
Subd. 3. [EXPIRATION.] This section expires June 30, 2005.
Sec. 5. [RULES TASK FORCE.]
A rules task force of eight members is created. The
governor must appoint four members. The task force also
includes one member each from the minority and majority caucus
in the house of representatives and the senate. House members
must be appointed by the speaker. Senate members must be
appointed by the committee on rules and administration. The
member of the majority caucus appointed by the speaker of the
house of representatives must convene the first meeting. The
members of the task force must elect a chair. The legislative
coordinating commission and an agency designated by the governor
must provide staff assistance and administrative support for the
task force within existing appropriations. The task force must
study and make recommendations to the governor and the
legislature by January 15, 2001, on issues relating to review of
agency rules. The recommendations must include, but are not
limited to:
(1) a process to be used by agencies, the governor, and the
legislature to identify and prioritize rules and related laws
and programs that will be subject to legislative review;
(2) a process by which the legislature will review rules
and related laws and programs identified under clause (1);
(3) the estimated agency and legislative time and resources
required for review of rules and related laws and programs under
the processes recommended under clauses (1) and (2);
(4) the effect of possible repeal of agency rules on the
state budget and any loss of benefits to citizens of the state
resulting from such a repeal;
(5) the desirability of changes in the rulemaking
requirements of the Administrative Procedure Act, given
increased legislative scrutiny of rules; and
(6) an analysis of ways to ensure or encourage compliance
with state policies and goals using methods other than
rulemaking, such as administrative penalty orders, descriptive
guidelines, best management practices, compliance incentives,
technical assistance, training, and procedural templates.
In making its recommendations, the task force must consult
with interested parties, and must consider relevant state and
federal laws and commitments. The task force is subject to
Minnesota Statutes, section 471.705. The task force expires
June 30, 2001.
Sec. 6. [TEACHER PREPARATION PROGRAMS.]
The state board of teaching must consult with
representatives of faculty and administrators from Minnesota
post-secondary institutions that have teacher preparation
programs. The state board of teaching must report to the
governmental operations and education committees of the
legislature by January 15, 2001, on these institutions' opinions
on the rules relating to institution and teacher preparation
program approval.
Sec. 7. [REPEALER.]
(a) Minnesota Rules parts 1200.0200, 1200.0300, 1250.0200,
1250.0300, 1250.0400, 1250.0500, 1250.0600, 1250.0700,
1250.0800, 1250.0900, 1250.1000, 1250.1100, 1250.1200,
1265.0100, 1265.0200, 1265.0300, 1265.0400, 1265.0500, and
1265.0600, are repealed.
(b) Minnesota Rules, parts 1555.2205, 1555.2210, 1555.2220,
1555.2225, 1555.2230, 1555.2240, 1555.2250, 1555.2260,
1555.2270, 1555.2280, 1555.2290, 1555.2300, 1555.2310,
1555.2320, 1555.2330, 1555.2340, 1555.2350, 1555.2360,
1555.2370, 1555.2380, 1555.2390, 1555.2400, 1555.2410,
1555.2440, 1555.2450, 1555.2460, 1555.2470, 1555.2480,
1555.2490, 1555.2500, 1555.2510, 1555.2520, 1555.2530,
1555.2540, 1555.2550, 1555.2560, 1555.2570, 1555.2580,
1555.2590, 1555.2600, 1555.2610, 1555.2620, 1555.2630,
1555.2640, 1555.2650, 1555.2660, 1555.2670, 1555.2680,
1555.2690, 1555.2700, 1555.2710, 1555.2720, 1555.2730,
1555.2740, 1555.2750, 1555.2760, 1555.2770, 1555.2780,
1555.2790, 1555.2800, 1555.2810, 1555.2820, 1555.2830,
1555.2840, 1555.2850, 1555.2860, 1555.2870, 1555.2880,
1555.2890, 1555.2900, 1555.2910, 1555.3000, 1555.3010,
1555.3020, 1555.3030, 1555.3040, 1555.3050, 1555.3060,
1555.3070, 1555.3080, 1555.3090, 1555.3100, 1555.3110,
1555.3120, 1555.3130, 1555.3140, 1555.3150, 1555.3160,
1555.3170, 1555.3180, 1555.3190, 1555.3200, 1555.3210,
1555.3220, 1555.3230, 1555.3240, 1555.3250, 1555.3260,
1555.3270, 1555.3280, 1555.3290, 1555.3300, 1555.3310,
1555.3320, 1555.3330, 1555.3340, 1555.3350, 1555.3360,
1555.3370, 1555.3380, 1555.3390, 1555.3400, 1555.3410,
1555.3420, 1555.3430, 1555.3440, 1555.3450, 1555.3460,
1555.3470, 1555.3480, 1555.3490, 1555.3500, 1555.3510,
1555.3520, 1555.3530, 1555.3540, 1555.3550, 1555.3560,
1555.3570, 1555.3580, 1555.3590, 1555.3600, 1555.3610,
1555.3620, 1555.3630, 1555.3640, 1555.3650, 1555.3660,
1555.3680, 1555.3700, 1555.3720, 1555.3730, 1555.3750,
1555.3770, 1555.3780, 1555.3790, 1555.3800, 1555.3830,
1555.3850, 1555.3860, 1555.3870, 1555.3880, 1555.3890,
1555.3900, 1555.3910, 1555.3920, 1555.3990, 1555.4000,
1555.4100, and 1555.4110, are repealed.
(c) Minnesota Rules parts 7402.0100, 7402.0200, 7402.0300,
7402.0400, and 7402.0500, are repealed.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 3, 5, and 6 are effective the day following
final enactment. Section 7, paragraphs (a) and (b) are
effective July 1, 2000.
Presented to the governor May 11, 2000
Signed by the governor May 15, 2000, 10:42 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes