Minnesota Session Laws - 2003, 1st Special Session

                              CHAPTER 6-S.F.No. 6 
                  An act relating to administrative rules; imposing 
                  notice requirements for use of the good cause 
                  exemption; amending Minnesota Statutes 2002, section 
                  14.388. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 14.388, is 
        amended to read: 
           14.388 [GOOD CAUSE EXEMPTION.] 
           Subdivision 1.  [REQUIREMENTS.] 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 subdivision 2 and 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. 
           After considering the agency's statement and any comments 
        received, 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           Rules adopted, amended, or repealed under clauses (1) and 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           Rules adopted, amended, or repealed under clause (3) or (4) 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. 
           Subd. 2.  [NOTICE.] An agency proposing to adopt, amend, or 
        repeal a rule under this section must give electronic notice of 
        its intent in accordance with section 16E.07, subdivision 3, and 
        notice by United States mail or electronic mail to persons who 
        have registered their names with the agency under section 14.14, 
        subdivision 1a.  The notice must be given no later than the date 
        the agency submits the proposed rule to the office of 
        administrative hearings for review of its legality and must 
        include: 
           (1) the proposed rule, amendment, or repeal; 
           (2) an explanation of why the rule meets the requirements 
        of the good cause exemption under subdivision 1; and 
           (3) a statement that interested parties have five business 
        days after the date of the notice to submit comments to the 
        office of administrative hearings. 
           Subd. 3.  [REVIEW BY CHIEF JUDGE.] If a rule has been 
        disapproved by an administrative law judge, the agency may ask 
        the chief administrative law judge to review the rule.  The 
        agency must give notice of its request for review in accordance 
        with subdivision 2.  The notice must be given no later than the 
        date the agency requests review by the chief judge and must 
        include a summary of any information or arguments the agency 
        intends to submit to the chief judge that were not submitted to 
        the judge who disapproved the rule. 
           Subd. 4.  [COSTS.] The costs of any proceeding conducted by 
        the office of administrative hearings in accordance with this 
        section must be paid by the agency seeking to adopt, amend, or 
        repeal a rule under this section. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 27, 2003 
           Signed by the governor May 30, 2003, 4:07 p.m.