Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 106-S.F.No. 780
An act relating to state government; regulating
rulemaking by state agencies; making various technical
and housekeeping changes; amending Minnesota Statutes
2000, sections 14.05, subdivision 3; 14.07,
subdivision 2; 14.08; 14.101, subdivisions 1, 2, and
by adding a subdivision; 14.131; 14.14, subdivision
1a; 14.15, subdivision 1; 14.16, subdivision 1; 14.19;
14.22, subdivision 1; 14.23; 14.25; 14.26,
subdivisions 1 and 3; 14.365; 14.38, subdivision 2;
14.386; 14.388; and 14.389, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 14.05,
subdivision 3, is amended to read:
Subd. 3. [AUTHORITY TO WITHDRAW PROPOSED RULE.] An agency
may withdraw a proposed rule any time prior to before filing it
with the secretary of state. An agency may withdraw a portion
of a rule unless the remaining rule is substantially different
from the rule as published. It shall publish notice that
the proposed rule has been withdrawn in the State Register. If
a rule is withdrawn, the agency may again propose it for
adoption, either in the original or modified form, but the
agency shall comply with all procedures of sections 14.05 to
14.28, with the exception of section 14.101, if the
noncompliance is approved by the chief administrative law judge.
Sec. 2. Minnesota Statutes 2000, section 14.07,
subdivision 2, is amended to read:
Subd. 2. [APPROVAL OF FORM.] No agency decision to adopt a
rule or an emergency, exempt, or expedited rule, including a
decision to amend or modify a proposed rule or proposed
emergency, exempt, or expedited rule, shall be is effective
unless the agency has presented the rule to the revisor of
statutes and the revisor has certified that its form is approved.
Sec. 3. Minnesota Statutes 2000, section 14.08, is amended
to read:
14.08 [APPROVAL OF RULE AND RULE FORM; COSTS.]
(a) Two copies One copy of a rule adopted pursuant to under
section 14.26 shall must be submitted by the agency to the chief
administrative law judge. The chief administrative law judge
shall send one copy of the rule to the revisor on the same
day request from the revisor certified copies of the rule when
it is submitted by the agency under section 14.26. Within five
days after receipt of the rule the request for certification of
the rule is received by the revisor, excluding weekends and
holidays, the revisor shall either return the rule with a
certificate of approval of the form of the rule to the chief
administrative law judge or notify the chief administrative law
judge and the agency that the form of the rule will not be
approved.
If the chief administrative law judge disapproves a rule,
the agency may modify it and the agency shall submit two copies
one copy of the modified rule, approved as to form by the
revisor, to the 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
must be submitted by the agency to the revisor for approval of
the form of the rule chief administrative law judge. The chief
administrative law judge shall request from the revisor
certified copies of the rule when it is submitted by the
agency. Within five working days after receipt of the rule
request, the revisor shall either return the rule with a
certificate of approval to the agency chief administrative law
judge or notify the chief administrative law judge and 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 must revise the rule so it is in the
correct form.
(d) The chief administrative law judge shall assess an
agency for the actual cost of processing rules under this
section. Each agency shall include in its budget money to pay
the assessments. Receipts from the assessment must be deposited
in the administrative hearings account created established in
section 14.54.
Sec. 4. Minnesota Statutes 2000, section 14.101,
subdivision 1, is amended to read:
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, and
the types of groups and individuals likely to be affected,
and must 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
or amendatory law requiring rules to be adopted, amended, or
repealed.
Sec. 5. Minnesota Statutes 2000, section 14.101,
subdivision 2, is amended to read:
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.
Sec. 6. Minnesota Statutes 2000, section 14.101, is
amended by adding a subdivision to read:
Subd. 4. [REDUCTION OF TIME PERIOD.] The chief
administrative law judge shall reduce the time period before
publication from 60 to 30 days for good cause.
Sec. 7. Minnesota Statutes 2000, 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 the date of the section 14.14, subdivision
1a, notice, the agency must prepare, review, and make available
for public review a statement of the need for and reasonableness
of the rule. 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.
The statement must describe how the agency, in developing
the rules, considered and implemented the legislative policy
supporting performance-based regulatory systems set forth in
section 14.002.
The statement must also describe the agency's efforts to
provide additional notification under section 14.14, subdivision
1a, 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 must send a copy of the statement of need and
reasonableness to the legislative reference library when it
becomes available for public review the notice of hearing is
mailed under section 14.14, subdivision 1a.
Sec. 8. Minnesota Statutes 2000, 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 proceedings.
The agency may inquire as to whether those persons on the list
wish to maintain their names on it and may remove names for
which there is a negative reply or no reply within 60 days. The
agency shall, at least 30 days before 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 must include either a
copy of the proposed rule or a an easily readable and
understandable description of its nature and effect 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 notify 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 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 an easily readable
and understandable summary of the overall nature and effect of
the proposed rule, 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, the
agency intends to adopt a rule and other information required by
law or rule. When an entire rule is proposed to be repealed,
the agency need only publish that fact, giving the along with an
easily readable and understandable summary of the overall nature
of the rules proposed for repeal, and a citation to the rule to
be repealed in the notice.
(b) The chief administrative law judge 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. 9. Minnesota Statutes 2000, section 14.15,
subdivision 1, is amended to read:
Subdivision 1. [TIME OF PREPARATION.] After allowing a
comment period during which written material to may be submitted
and recorded in the hearing record for five working days after
the public hearing ends, or for a longer period not to exceed 20
days if ordered by the administrative law judge, the
administrative law judge assigned to the hearing shall write a
report as provided for in section 14.50. Prior to Before
writing the report, the administrative law judge shall allow the
agency and interested persons a rebuttal period of five working
days after the submission comment period ends to respond in
writing to any new information submitted. During the comment
period and five-day rebuttal period, the agency may indicate in
writing whether there are amendments suggested by other persons
which the agency is willing to adopt. Additional evidence may
not be submitted during this five-day rebuttal period. The
written responses shall must be added to the rulemaking record.
Sec. 10. Minnesota Statutes 2000, 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, approved as to form by the
revisor, to the chief administrative law judge for a review on
of legality, including the issue of 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 the rule that which was
originally proposed, the chief administrative law judge shall
advise the agency of actions which that will correct the
defects. The agency shall may 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 must be given on the same
day that the rule is filed.
Sec. 11. Minnesota Statutes 2000, section 14.19, is
amended to read:
14.19 [DEADLINE TO COMPLETE RULEMAKING.]
Within 180 days after issuance of the administrative law
judge's report or that of the chief administrative law judge,
the agency shall submit its notice of adoption, amendment, 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 may not adopt
the withdrawn rules without again following the procedures of
sections 14.05 to 14.28, with the exception of section 14.101,
if the noncompliance is approved by the chief administrative law
judge. It The agency shall report to the legislative
coordinating commission, 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 or the commission if the review is
required by law.
Sec. 12. Minnesota Statutes 2000, 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 must be given by publication in the
State Register and by United States mail to persons who have
registered their names with the agency under section 14.14,
subdivision 1a. The mailed notice must include either a copy of
the proposed rule or a an easily readable and understandable
description of its nature and effect 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 notify
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 must include the proposed rule or the amended rule in
the form required by the revisor under section 14.07, an easily
readable and understandable summary of the overall nature and
effect of the proposed rule, 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 required by law or rule. When an entire rule is
proposed to be repealed, the notice need only state that
fact, giving the along with an easily readable and
understandable summary of the overall nature of the rules
proposed for repeal, and a citation to the rule to be
repealed in the notice. The notice must include a statement
advising the public:
(1) that the public has 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 must request a public
hearing on the proposed rule;
(5) of the requirements contained in section 14.25 relating
to a written request for a public hearing, and that the
requester is encouraged to propose any change 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 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 chief administrative law judge 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. 13. Minnesota Statutes 2000, section 14.23, is
amended to read:
14.23 [STATEMENT OF NEED AND REASONABLENESS.]
Before By the date of the section 14.22 notice, the agency
shall prepare a statement of need and reasonableness, which must
be available to the public. The statement of need and
reasonableness must include the analysis required in section
14.131. The statement must also describe the agency's efforts
to provide additional notification under section 14.22 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 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 reference library when it
becomes available to the public the notice of intent to adopt is
mailed.
Sec. 14. Minnesota Statutes 2000, section 14.25, is
amended to read:
14.25 [PUBLIC HEARING.]
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. If not previously published under section 14.22,
subdivision 2, 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 may
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 so as to reduce the
number of requests below 25, the agency must give written notice
of that fact to all persons who have requested the public
hearing. No public hearing may be canceled by an agency within
three working days of the 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 requests.
The notice must also invite persons to submit written
comments within five working days 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. 15. Minnesota Statutes 2000, section 14.26,
subdivision 1, is amended to read:
Subdivision 1. [SUBMISSION.] If no hearing is required,
the agency shall submit to an administrative law judge assigned
by the chief administrative law judge the proposed rule and
notice as published, the rule as proposed for adoption adopted,
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 administrative law judge.
This notice must be given on the same day that the record is
submitted. If the proposed rule has been modified, the notice
must state that fact, and must also state that a free copy of
the proposed rule, as modified, is available upon request from
the agency. The rule and these materials must be submitted to
the 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 may not adopt the withdrawn rules without
again following the procedures of sections 14.05 to 14.28, with
the exception of section 14.101, if the noncompliance is
approved by the chief administrative law judge. The agency
shall report its failure to adopt the rules and the reasons for
that failure to the legislative coordinating commission, other
appropriate legislative committees, and the governor.
Sec. 16. Minnesota Statutes 2000, 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 four
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, one to the agency, and one 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 be
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 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 need not required to wait
for advice for more than 60 days after the commission 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. 17. Minnesota Statutes 2000, 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 under sections 14.05 to 14.28
14.389. The record shall must 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 must contain:
(1) copies of all publications in the State Register
pertaining to the rule;
(2) all written petitions, and all requests, submissions,
or comments received by the agency or the administrative law
judge after publication of the notice of intent to adopt or the
notice of hearing in the State Register pertaining to the rule;
(3) the statement of need and reasonableness for the rule;
(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 administrative law judge under sections 14.22
to 14.28;
(7) the 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;
(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. 18. Minnesota Statutes 2000, section 14.38,
subdivision 2, is amended to read:
Subd. 2. [RETROACTIVE APPLICATION.] Every existing rule,
regardless of whether it might be known as a substantive,
procedural, or interpretive rule, shall have has the force and
effect of law retroactive to the date on which the rule became
effective if:
(a) (1) the rule was adopted in compliance with the
provisions of the Administrative Procedure Act in effect at the
time the rule was adopted;
(b) (2) the rule was approved by the attorney general or
office of administrative hearings before becoming effective; and
(c) (3) the adopting agency had statutory authority to
adopt the rule.
Sec. 19. Minnesota Statutes 2000, 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 person authorized to adopt the rule on behalf of
the agency signs an order adopting the rule;
(3) the office of administrative hearings approves the rule
as to its legality within 14 days after the agency submits it
for approval and files three four copies of the rule with the
revisor's certificate in the office of the secretary of state;
and
(3) (4) 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;
(4) game refuges designated by the commissioner of natural
resources under section 97A.085; or
(5) transaction fees established by the commissioner of
natural resources for electronic or telephone sales of licenses,
stamps, permits, registrations, or transfers under section
84.027, subdivision 15, paragraph (a), clause (3).
(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. 20. Minnesota Statutes 2000, section 14.388, is
amended to read:
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. 21. Minnesota Statutes 2000, section 14.389,
subdivision 2, is amended to read:
Subd. 2. [NOTICE AND COMMENT.] The agency must publish
notice of the proposed rule in the State Register and must mail
the notice to persons who have registered with the agency to
receive mailed notices. The mailed notice must include either a
copy of the proposed rule or a description of the nature and
effect of the proposed rule and a statement that a free copy is
available from the agency upon request. The notice in the State
Register must include the proposed rule or the amended rule in
the form required by the revisor under section 14.07, an easily
readable and understandable summary of the overall nature and
effect of the proposed rule, and a citation to the most specific
statutory authority for the rule, including authority for the
rule to be adopted under the process in this section. The
agency must allow 30 days after publication in the State
Register for comment on the rule.
Sec. 22. [EFFECTIVE DATE.]
This act is effective August 1, 2001, and applies to rules
for which a notice under Minnesota Statutes, section 14.14,
subdivision 1a; or 14.22, is published in the State Register on
or after that date.
Presented to the governor May 14, 2001
Signed by the governor May 17, 2001, 10:36 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes