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                            CHAPTER 233-H.F.No. 1478 
                  An act relating to state government; requiring notice 
                  to the commissioner of agriculture and certain other 
                  actions before an agency adopts or repeals rules that 
                  affect farming operations; providing for development 
                  of best management practices for feedlots; changing 
                  requirements for animal feedlot permits and sewage 
                  treatment system licenses; allowing composting of 
                  sheep carcasses; regulating administrative rulemaking; 
                  revising the procedures for the adoption and review of 
                  agency rules; requiring fees to cover costs; making 
                  technical changes; appropriating money; amending 
                  Minnesota Statutes 1994, sections 3.842, subdivisions 
                  2, 4, and by adding a subdivision; 4A.05, subdivision 
                  2; 14.04; 14.05, subdivision 2, and by adding a 
                  subdivision; 14.06; 14.08; 14.09; 14.131; 14.14, 
                  subdivision 1a, and by adding a subdivision; 14.15, 
                  subdivisions 3 and 4; 14.16, subdivision 1; 14.18, 
                  subdivision 1; 14.19; 14.22, subdivision 1; 14.23; 
                  14.24; 14.25; 14.26; 14.365; 14.48; 14.51; 16A.1285, 
                  subdivisions 2, 4, and 5; 17.138, by adding a 
                  subdivision; 17.84; 18E.03, subdivision 3; 35.82, 
                  subdivision 2; 43A.04, by adding a subdivision; 
                  62N.05, by adding a subdivision; 84.027, by adding a 
                  subdivision; 115.55, subdivision 2; 115.56, 
                  subdivision 2; 116.07, subdivisions 4, 4d, and 7; 
                  144.98, subdivision 3; 221.0335; 326.2421, subdivision 
                  3; and 341.10; Minnesota Rules, parts 1540.2140; 
                  7001.0140, subpart 2; 7001.0180; 8130.3500, subpart 3; 
                  and 8130.6500, subpart 5; proposing coding for new law 
                  in Minnesota Statutes, chapters 14; and 97A; repealing 
                  Minnesota Statutes 1994, sections 3.846; 14.10; 14.11; 
                  14.115; 14.12; 14.1311; 14.235; 14.29; 14.30; 14.305; 
                  14.31; 14.32; 14.33; 14.34; 14.35; 14.36; and 17.83; 
                  Minnesota Rules, chapters 2650; 7047; 7600; 7625; and 
                  9540; Minnesota Rules, parts 1540.0010, subparts 12, 
                  18, 21, 22, and 24; 1540.0060; 1540.0070; 1540.0080; 
                  1540.0100; 1540.0110; 1540.0120; 1540.0130; 1540.0140; 
                  1540.0150; 1540.0160; 1540.0170; 1540.0180; 1540.0190; 
                  1540.0200; 1540.0210; 1540.0220; 1540.0230; 1540.0240; 
                  1540.0260; 1540.0320; 1540.0330; 1540.0340; 1540.0350; 
                  1540.0370; 1540.0380; 1540.0390; 1540.0400; 1540.0410; 
                  1540.0420; 1540.0440; 1540.0450; 1540.0460; 1540.0490; 
                  1540.0500; 1540.0510; 1540.0520; 1540.0770; 1540.0780; 
                  1540.0800; 1540.0810; 1540.0830; 1540.0880; 1540.0890; 
                  1540.0900; 1540.0910; 1540.0920; 1540.0930; 1540.0940; 
                  1540.0950; 1540.0960; 1540.0970; 1540.0980; 1540.0990; 
                  1540.1000; 1540.1005; 1540.1010; 1540.1020; 1540.1030; 
                  1540.1040; 1540.1050; 1540.1060; 1540.1070; 1540.1080; 
                  1540.1090; 1540.1100; 1540.1110; 1540.1120; 1540.1130; 
                  1540.1140; 1540.1150; 1540.1160; 1540.1170; 1540.1180; 
                  1540.1190; 1540.1200; 1540.1210; 1540.1220; 1540.1230; 
                  1540.1240; 1540.1250; 1540.1255; 1540.1260; 1540.1280; 
                  1540.1290; 1540.1300; 1540.1310; 1540.1320; 1540.1330; 
                  1540.1340; 1540.1350; 1540.1360; 1540.1380; 1540.1400; 
                  1540.1410; 1540.1420; 1540.1430; 1540.1440; 1540.1450; 
                  1540.1460; 1540.1470; 1540.1490; 1540.1500; 1540.1510; 
                  1540.1520; 1540.1530; 1540.1540; 1540.1550; 1540.1560; 
                  1540.1570; 1540.1580; 1540.1590; 1540.1600; 1540.1610; 
                  1540.1620; 1540.1630; 1540.1640; 1540.1650; 1540.1660; 
                  1540.1670; 1540.1680; 1540.1690; 1540.1700; 1540.1710; 
                  1540.1720; 1540.1730; 1540.1740; 1540.1750; 1540.1760; 
                  1540.1770; 1540.1780; 1540.1790; 1540.1800; 1540.1810; 
                  1540.1820; 1540.1830; 1540.1840; 1540.1850; 1540.1860; 
                  1540.1870; 1540.1880; 1540.1890; 1540.1900; 1540.1905; 
                  1540.1910; 1540.1920; 1540.1930; 1540.1940; 1540.1950; 
                  1540.1960; 1540.1970; 1540.1980; 1540.1990; 1540.2000; 
                  1540.2010; 1540.2015; 1540.2020; 1540.2090; 1540.2100; 
                  1540.2110; 1540.2120; 1540.2180; 1540.2190; 1540.2200; 
                  1540.2210; 1540.2220; 1540.2230; 1540.2240; 1540.2250; 
                  1540.2260; 1540.2270; 1540.2280; 1540.2290; 1540.2300; 
                  1540.2310; 1540.2320; 1540.2325; 1540.2330; 1540.2340; 
                  1540.2350; 1540.2360; 1540.2370; 1540.2380; 1540.2390; 
                  1540.2400; 1540.2410; 1540.2420; 1540.2430; 1540.2440; 
                  1540.2450; 1540.2490; 1540.2500; 1540.2510; 1540.2530; 
                  1540.2540; 1540.2550; 1540.2560; 1540.2570; 1540.2580; 
                  1540.2590; 1540.2610; 1540.2630; 1540.2640; 1540.2650; 
                  1540.2660; 1540.2720; 1540.2730; 1540.2740; 1540.2760; 
                  1540.2770; 1540.2780; 1540.2790; 1540.2800; 1540.2810; 
                  1540.2820; 1540.2830; 1540.2840; 1540.3420; 1540.3430; 
                  1540.3440; 1540.3450; 1540.3460; 1540.3470; 1540.3560; 
                  1540.3600; 1540.3610; 1540.3620; 1540.3630; 1540.3700; 
                  1540.3780; 1540.3960; 1540.3970; 1540.3980; 1540.3990; 
                  1540.4000; 1540.4010; 1540.4020; 1540.4030; 1540.4040; 
                  1540.4080; 1540.4190; 1540.4200; 1540.4210; 1540.4220; 
                  1540.4320; 1540.4330; 1540.4340; 2642.0120, subpart 1; 
                  2655.1000; 2660.0070; 2770.7400; 4610.2210; 7002.0410 
                  to 7002.0490; 7100.0300 to 7100.0350; 7510.6100 to 
                  7510.6910; 8120.1100, subpart 3; 8121.0500, subpart 2; 
                  and 8130.9912 to 8130.9992. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
           Section 1.  [14.111] [FARMING OPERATIONS.] 
           Before an agency adopts or repeals rules that affect 
        farming operations, the agency must provide a copy of the 
        proposed rule change to the commissioner of agriculture, no 
        later than 30 days prior to publication of the proposed rule in 
        the State Register.  
           A rule may not be invalidated for failure to comply with 
        this subdivision if an agency has made a good faith effort to 
        comply. 
           Sec. 2.  Minnesota Statutes 1994, section 14.14, is amended 
        by adding a subdivision to read: 
           Subd. 1b.  [FARMING OPERATIONS.] When a public hearing is 
        conducted on a proposed rule that affects farming operations, at 
        least one public hearing must be conducted in an agricultural 
        area of the state. 
           Sec. 3.  Minnesota Statutes 1994, section 17.138, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [BEST MANAGEMENT PRACTICES.] The commissioner of 
        the pollution control agency, in consultation with the 
        commissioner and the feedlot and manure management advisory 
        committee, shall develop voluntary best management practices for 
        odor control at feedlots. 
           Sec. 4.  Minnesota Statutes 1994, section 35.82, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
        provided in subdivision 1b and paragraph (d), every person 
        owning or controlling any domestic animal that has died or been 
        killed otherwise than by being slaughtered for human or animal 
        consumption, shall as soon as reasonably possible bury the 
        carcass at least three feet deep in the ground or thoroughly 
        burn it or dispose of it by another method approved by the board 
        as being effective for the protection of public health and the 
        control of livestock diseases.  The board, through its executive 
        secretary, may issue permits to owners of rendering plants 
        located in Minnesota which are operated and conducted as 
        required by law, to transport carcasses of domestic animals and 
        fowl that have died, or have been killed otherwise than by being 
        slaughtered for human or animal consumption, over the public 
        highways to their plants for rendering purposes in accordance 
        with the rules adopted by the board relative to transportation, 
        rendering, and other provisions the board considers necessary to 
        prevent the spread of disease.  The board may issue permits to 
        owners of rendering plants located in an adjacent state with 
        which a reciprocal agreement is in effect under subdivision 3. 
           (b) Carcasses collected by rendering plants under permit 
        may be used for pet food or mink food if the owner or operator 
        meets the requirements of subdivision 1b. 
           (c) An authorized employee or agent of the board may enter 
        private or public property and inspect the carcass of any 
        domestic animal that has died or has been killed other than by 
        being slaughtered for human or animal consumption.  Failure to 
        dispose of the carcass of any domestic animal within the period 
        specified by this subdivision is a public nuisance.  The board 
        may petition the district court of the county in which a carcass 
        is located for a writ requiring the abatement of the public 
        nuisance.  A civil action commenced under this paragraph does 
        not preclude a criminal prosecution under this section.  No 
        person may sell, offer to sell, give away, or convey along a 
        public road or on land the person does not own, the carcass of a 
        domestic animal when the animal died or was killed other than by 
        being slaughtered for human or animal consumption unless it is 
        done with a special permit pursuant to this section.  The 
        carcass or parts of a domestic animal that has died or has been 
        killed other than by being slaughtered for human or animal 
        consumption may be transported along a public road for a medical 
        or scientific purpose if the carcass is enclosed in a leakproof 
        container to prevent spillage or the dripping of liquid waste.  
        The board may adopt rules relative to the transportation of the 
        carcass of any domestic animal for a medical or scientific 
        purpose.  A carcass on a public thoroughfare may be transported 
        for burial or other disposition in accordance with this section. 
           No person who owns or controls diseased animals shall 
        negligently or willfully permit them to escape from that control 
        or to run at large. 
           (d) A sheep producer may compost sheep carcasses owned by 
        the producer on the producer's land without a permit and is 
        exempt from compost facility specifications contained in rules 
        of the board. 
           (e) The board shall develop best management practices for 
        dead animal disposal and the pollution control agency feedlot 
        program shall distribute them to livestock producers in the 
        state. 
           Sec. 5.  Minnesota Statutes 1994, section 115.55, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LOCAL ORDINANCES.] (a) Any ordinance adopted by 
        a local unit of government to regulate individual sewage 
        treatment systems must be in compliance with the individual 
        sewage treatment system rules by January 1, 1996 1998. 
           (b) A copy of each ordinance adopted under this subdivision 
        must be submitted to the commissioner upon adoption. 
           Sec. 6.  Minnesota Statutes 1994, section 115.56, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LICENSE REQUIRED.] (a) Except as provided in 
        paragraph (b), after March 31, 1996, a person may not design, 
        install, maintain, pump, or inspect an individual sewage 
        treatment system without a license issued by the commissioner. 
           (b) A license is not required for a person who complies 
        with the applicable requirements if the person is: 
           (1) a qualified employee of state or local government who 
        has passed the examination described in paragraph (d) or a 
        similar examination; 
           (2) an individual who constructs an individual sewage 
        treatment system on land that is owned or leased by the 
        individual and functions solely as the individual's dwelling or 
        seasonal dwelling; or 
           (3) a farmer who pumps and disposes of sewage waste from 
        individual sewage treatment systems, holding tanks, and privies 
        on land that is owned or leased by the farmer; or 
           (4) an individual who performs labor or services for a 
        person licensed under this section in connection with the 
        design, installation, maintenance, pumping, or inspection of an 
        individual sewage treatment system at the direction and under 
        the personal supervision of a person licensed under this section.
           A person constructing an individual sewage treatment system 
        under clause (2) must consult with a site evaluator or designer 
        before beginning construction.  In addition, the system must be 
        inspected before being covered and a compliance report must be 
        provided to the local unit of government after the inspection. 
           (c) The commissioner, in conjunction with the University of 
        Minnesota extension service or another higher education 
        institution, shall ensure adequate training exists for 
        individual sewage treatment system professionals. 
           (d) The commissioner shall conduct examinations to test the 
        knowledge of applicants for licensing and shall issue 
        documentation of licensing.  
           (e) Licenses may be issued only upon successful completion 
        of the required examination and submission of proof of 
        sufficient experience, proof of general liability insurance, and 
        a corporate surety bond in the amount of at least $10,000.  
           (f) Notwithstanding paragraph (e), the examination and 
        proof of experience are not required for an individual sewage 
        treatment system professional who, on the effective date of the 
        rules adopted under subdivision 1, holds a certification 
        attained by examination and experience under a voluntary 
        certification program administered by the agency. 
           (g) Local units of government may not require additional 
        local licenses for individual sewage treatment system 
        professionals. 
           Sec. 7.  Minnesota Statutes 1994, section 116.07, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RULES AND STANDARDS.] Pursuant and subject to 
        the provisions of chapter 14, and the provisions hereof, the 
        pollution control agency may adopt, amend and rescind rules and 
        standards having the force of law relating to any purpose within 
        the provisions of Laws 1967, chapter 882, for the prevention, 
        abatement, or control of air pollution.  Any such rule or 
        standard may be of general application throughout the state, or 
        may be limited as to times, places, circumstances, or conditions 
        in order to make due allowance for variations therein.  Without 
        limitation, rules or standards may relate to sources or 
        emissions of air contamination or air pollution, to the quality 
        or composition of such emissions, or to the quality of or 
        composition of the ambient air or outdoor atmosphere or to any 
        other matter relevant to the prevention, abatement, or control 
        of air pollution.  
           Pursuant and subject to the provisions of chapter 14, and 
        the provisions hereof, the pollution control agency may adopt, 
        amend, and rescind rules and standards having the force of law 
        relating to any purpose within the provisions of Laws 1969, 
        chapter 1046, for the collection, transportation, storage, 
        processing, and disposal of solid waste and the prevention, 
        abatement, or control of water, air, and land pollution which 
        may be related thereto, and the deposit in or on land of any 
        other material that may tend to cause pollution.  The agency 
        shall adopt such rules and standards for sewage sludge, 
        addressing the intrinsic suitability of land, the volume and 
        rate of application of sewage sludge of various degrees of 
        intrinsic hazard, design of facilities, and operation of 
        facilities and sites.  The agency shall promulgate emergency 
        rules for sewage sludge pursuant to sections 14.29 to 14.36.  
        Notwithstanding the provisions of sections 14.29 to 14.36, the 
        emergency rules shall be effective until permanent rules are 
        promulgated or March 1, 1982, whichever is earlier.  Any such 
        rule or standard may be of general application throughout the 
        state or may be limited as to times, places, circumstances, or 
        conditions in order to make due allowance for variations 
        therein.  Without limitation, rules or standards may relate to 
        collection, transportation, processing, disposal, equipment, 
        location, procedures, methods, systems or techniques or to any 
        other matter relevant to the prevention, abatement or control of 
        water, air, and land pollution which may be advised through the 
        control of collection, transportation, processing, and disposal 
        of solid waste and sewage sludge, and the deposit in or on land 
        of any other material that may tend to cause pollution.  By 
        January 1, 1983, the rules for the management of sewage sludge 
        shall include an analysis of the sewage sludge determined by the 
        commissioner of agriculture to be necessary to meet the soil 
        amendment labeling requirements of section 18C.215.  
           Pursuant and subject to the provisions of chapter 14, and 
        the provisions hereof, the pollution control agency may adopt, 
        amend and rescind rules and standards having the force of law 
        relating to any purpose within the provisions of Laws 1971, 
        chapter 727, for the prevention, abatement, or control of noise 
        pollution.  Any such rule or standard may be of general 
        application throughout the state, or may be limited as to times, 
        places, circumstances or conditions in order to make due 
        allowances for variations therein.  Without limitation, rules or 
        standards may relate to sources or emissions of noise or noise 
        pollution, to the quality or composition of noises in the 
        natural environment, or to any other matter relevant to the 
        prevention, abatement, or control of noise pollution. 
           As to any matters subject to this chapter, local units of 
        government may set emission regulations with respect to 
        stationary sources which are more stringent than those set by 
        the pollution control agency. 
           Pursuant to chapter 14, the pollution control agency may 
        adopt, amend, and rescind rules and standards having the force 
        of law relating to any purpose within the provisions of this 
        chapter for generators of hazardous waste, the management, 
        identification, labeling, classification, storage, collection, 
        treatment, transportation, processing, and disposal of hazardous 
        waste and the location of hazardous waste facilities.  A rule or 
        standard may be of general application throughout the state or 
        may be limited as to time, places, circumstances, or conditions. 
        In implementing its hazardous waste rules, the pollution control 
        agency shall give high priority to providing planning and 
        technical assistance to hazardous waste generators.  The agency 
        shall assist generators in investigating the availability and 
        feasibility of both interim and long-term hazardous waste 
        management methods.  The methods shall include waste reduction, 
        waste separation, waste processing, resource recovery, and 
        temporary storage. 
           The pollution control agency shall give highest priority in 
        the consideration of permits to authorize disposal of diseased 
        shade trees by open burning at designated sites to evidence 
        concerning economic costs of transportation and disposal of 
        diseased shade trees by alternative methods. 
           In addition to the provisions under section 14.115, before 
        the pollution control agency adopts or repeals rules that affect 
        farming operations, the agency must provide a copy of the 
        proposed rule change and a statement of the effect of the rule 
        change on farming operations to the commissioner of agriculture 
        for review and comment and hold public meetings in agricultural 
        areas of the state. 
           Sec. 8.  Minnesota Statutes 1994, section 116.07, 
        subdivision 7, is amended to read: 
           Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
        LOT PERMITS.] Any Minnesota county board may, by resolution, 
        with approval of the pollution control agency, assume 
        responsibility for processing applications for permits required 
        by the pollution control agency under this section for livestock 
        feedlots, poultry lots or other animal lots.  The responsibility 
        for permit application processing, if assumed by a county, may 
        be delegated by the county board to any appropriate county 
        officer or employee.  
           (a) For the purposes of this subdivision, the term 
        "processing" includes: 
           (1) the distribution to applicants of forms provided by the 
        pollution control agency; 
           (2) the receipt and examination of completed application 
        forms, and the certification, in writing, to the pollution 
        control agency either that the animal lot facility for which a 
        permit is sought by an applicant will comply with applicable 
        rules and standards, or, if the facility will not comply, the 
        respects in which a variance would be required for the issuance 
        of a permit; and 
           (3) rendering to applicants, upon request, assistance 
        necessary for the proper completion of an application. 
           (b) For the purposes of this subdivision, the term 
        "processing" may include, at the option of the county board, 
        issuing, denying, modifying, imposing conditions upon, or 
        revoking permits pursuant to the provisions of this section or 
        rules promulgated pursuant to it, subject to review, suspension, 
        and reversal by the pollution control agency.  The pollution 
        control agency shall, after written notification, have 15 days 
        to review, suspend, modify, or reverse the issuance of the 
        permit.  After this period, the action of the county board is 
        final, subject to appeal as provided in chapter 14. 
           (c) For the purpose of administration of rules adopted 
        under this subdivision, the commissioner and the agency may 
        provide exceptions for cases where the owner of a feedlot has 
        specific written plans to close the feedlot within five years.  
        These exceptions include waiving requirements for major capital 
        improvements. 
           (d) For purposes of this subdivision, a discharge caused by 
        an extraordinary natural event such as a precipitation event of 
        greater magnitude than the 25-year, 24-hour event, tornado, or 
        flood in excess of the 100-year flood is not a "direct discharge 
        of pollutants." 
           (e) In adopting and enforcing rules under this subdivision, 
        the commissioner shall cooperate closely with other governmental 
        agencies. 
           (f) The pollution control agency shall work with the 
        Minnesota extension service, the department of agriculture, the 
        board of water and soil resources, producer groups, local units 
        of government, as well as with appropriate federal agencies such 
        as the Soil Conservation Service and the Agricultural 
        Stabilization and Conservation Service, to notify and educate 
        producers of rules under this subdivision at the time the rules 
        are being developed and adopted and at least every two years 
        thereafter. 
           (g) The pollution control agency shall adopt rules 
        governing the issuance and denial of permits for livestock 
        feedlots, poultry lots or other animal lots pursuant to this 
        section.  A feedlot permit is not required for livestock 
        feedlots with more than ten but less than 50 animal units; 
        provided they are not in shoreland areas.  These rules apply 
        both to permits issued by counties and to permits issued by the 
        pollution control agency directly.  
           (h) The pollution control agency shall exercise supervising 
        authority with respect to the processing of animal lot permit 
        applications by a county. 
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 1 and 2 apply to rules for which notice of intent 
        to adopt a rule is published after the effective date of those 
        sections. 
                                   ARTICLE 2 
           Section 1.  Minnesota Statutes 1994, section 3.842, 
        subdivision 2, is amended to read: 
           Subd. 2.  [JURISDICTION.] The jurisdiction of the 
        commission includes all rules as defined in section 14.02, 
        subdivision 4.  The commission also has jurisdiction of rules 
        which are filed with the secretary of state in accordance with 
        section sections 14.38, subdivisions 5, 6, 7, 8, 9, and 11 or 
        were filed with the secretary of state in accordance with the 
        provisions of section 14.38, subdivisions 5 to 9, which were in 
        effect on the date the rules were filed; 14.386; and 14.388.  
           The commission may periodically review statutory exemptions 
        to the rulemaking provisions of this chapter.  
           Sec. 2.  Minnesota Statutes 1994, section 3.842, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SUSPENSIONS.] (a) The commission may, on any of 
        the grounds listed in paragraph (b) and on the basis of the 
        testimony received at the public hearings, suspend any rule 
        complained of by the affirmative vote of at least six members 
        provided the provisions of section 3.844 have been met.  If any 
        rule is suspended, the commission shall as soon as possible 
        place before the legislature, at the next year's session, a bill 
        to repeal the suspended rule.  If the bill is not enacted in 
        that year's session, the rule is effective upon adjournment of 
        the session unless the agency has repealed it.  If the bill is 
        enacted, the rule is repealed.  
           (b) A rule suspension under paragraph (a) must be based on 
        one or more of the following reasons: 
           (1) an absence of statutory authority; 
           (2) an emergency relating to public health, safety, or 
        welfare; 
           (3) a failure to comply with legislative intent; 
           (4) a conflict with state law; 
           (5) a change in circumstances since enactment of the 
        earliest law upon which the rule is based; 
           (6) arbitrariness and capriciousness, or imposition of an 
        undue hardship.  
           (c) This section authorizes the commission to suspend a 
        rule only when the vote to suspend is taken, and the effective 
        date of the suspension occurs, at a time when the legislature 
        could not enact a bill to repeal the rule. 
           Sec. 3.  Minnesota Statutes 1994, section 3.842, is amended 
        by adding a subdivision to read: 
           Subd. 4a.  [OBJECTIONS TO RULES.] (a) If the legislative 
        commission to review administrative rules objects to all or some 
        portion of a rule because the commission 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 may file that objection in the office of the 
        secretary of state.  The filed objection must contain a concise 
        statement of the commission's reasons for its action.  An 
        objection to a proposed rule submitted 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 the revisor of statutes.  The secretary of state shall also 
        maintain a permanent register open to public inspection of all 
        objections by the commission.  
           (c) The legislative commission to review administrative 
        rules shall publish and index an objection filed under this 
        section in the next issue of the State Register.  The revisor of 
        statutes shall indicate its existence 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 to a rule, the issuing agency shall respond in 
        writing to the commission.  After receipt of the response, the 
        commission may withdraw or modify its objection.  
           (e) After the filing of an objection by the commission 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 to object to a rule is 
        not an implied legislative authorization of its validity. 
           (g) Pursuant to sections 14.44 and 14.45, the commission 
        may petition for a declaratory judgment to determine the 
        validity of any rule objected to by the commission.  
           This action must be started within two years after an 
        objection is filed in the office of the secretary of state.  
           (h) The commission 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. 4.  Minnesota Statutes 1994, section 4A.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FEES.] The director shall set fees under section 
        16A.128, subdivision 2, 16A.1285 reflecting the actual costs of 
        providing the center's information products and services to 
        clients.  Fees collected must be deposited in the state treasury 
        and credited to the land management information center revolving 
        account.  Money in the account is appropriated to the director 
        for operation of the land management information system, 
        including the cost of services, supplies, materials, labor, and 
        equipment, as well as the portion of the general support costs 
        and statewide indirect costs of the office that is attributable 
        to the land management information system.  The director may 
        require a state agency to make an advance payment to the 
        revolving fund sufficient to cover the agency's estimated 
        obligation for a period of 60 days or more.  If the revolving 
        fund is abolished or liquidated, the total net profit from 
        operations must be distributed to the funds from which purchases 
        were made.  The amount to be distributed to each fund must bear 
        to the net profit the same ratio as the total purchases from 
        each fund bear to the total purchases from all the funds during 
        a period of time that fairly reflects the amount of net profit 
        each fund is entitled to receive under this distribution. 
           Sec. 5.  Minnesota Statutes 1994, section 14.04, is amended 
        to read: 
           14.04 [AGENCY ORGANIZATION; GUIDEBOOK.] 
           To assist interested persons dealing with it, each agency 
        shall, in a manner prescribed by the commissioner of 
        administration, prepare a description of its organization, 
        stating the process whereby general course and method of its 
        operations and where and how the public may obtain information 
        or make submissions or requests.  The commissioner of 
        administration shall publish these descriptions at least once 
        every four years commencing in 1981 in a guidebook of state 
        agencies.  Notice of the publication of the guidebook shall be 
        published in the State Register and given in newsletters, 
        newspapers, or other publications, or through other means of 
        communication. 
           Sec. 6.  Minnesota Statutes 1994, section 14.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AUTHORITY TO MODIFY PROPOSED RULE.] (a) An 
        agency may modify a proposed rule in accordance with the 
        procedures of the administrative procedure act.  However, an 
        agency may not modify a proposed rule so that it is 
        substantially different from the proposed rule in the notice of 
        intent to adopt rules or notice of hearing.  
           (b) A modification does not make a proposed rule 
        substantially different if: 
           (1) the differences are within the scope of the matter 
        announced in the notice of intent to adopt or notice of hearing 
        and are in character with the issues raised in that notice; 
           (2) the differences are a logical outgrowth of the contents 
        of the notice of intent to adopt or notice of hearing and the 
        comments submitted in response to the notice; and 
           (3) the notice of intent to adopt or notice of hearing 
        provided fair warning that the outcome of that rulemaking 
        proceeding could be the rule in question. 
           (c) In determining whether the notice of intent to adopt or 
        notice of hearing provided fair warning that the outcome of that 
        rulemaking proceeding could be the rule in question the 
        following factors must be considered: 
           (1) the extent to which persons who will be affected by the 
        rule should have understood that the rulemaking proceeding on 
        which it is based could affect their interests; 
           (2) the extent to which the subject matter of the rule or 
        issues determined by the rule are different from the subject 
        matter or issues contained in the notice of intent to adopt or 
        notice of hearing; and 
           (3) the extent to which the effects of the rule differ from 
        the effects of the proposed rule contained in the notice of 
        intent to adopt or notice of hearing.  
           Sec. 7.  Minnesota Statutes 1994, section 14.05, is amended 
        by adding a subdivision to read: 
           Subd. 5.  [REVIEW AND REPEAL OF RULES.] By December 1 of 
        each year, an agency shall submit a list of all the rules of the 
        agency to the governor, the legislative commission to review 
        administrative rules, and the revisor of statutes.  The list 
        must identify any rules that are obsolete and should be 
        repealed.  The list must also include an explanation of why the 
        rule is obsolete and the agency's timetable for repeal. 
           Sec. 8.  Minnesota Statutes 1994, section 14.06, is amended 
        to read: 
           14.06 [REQUIRED RULES.] 
           (a) Each agency shall adopt rules, in the form prescribed 
        by the revisor of statutes, setting forth the nature and 
        requirements of all formal and informal procedures related to 
        the administration of official agency duties to the extent that 
        those procedures directly affect the rights of or procedures 
        available to the public.  
           (b) Upon the request of any person, and as soon as feasible 
        and to the extent practicable, each agency shall adopt rules to 
        supersede those principles of law or policy lawfully declared by 
        the agency as the basis for its decisions in particular cases it 
        intends to rely on as precedents in future cases.  This 
        paragraph does not apply to the public utilities commission.  
           Sec. 9.  Minnesota Statutes 1994, section 14.08, is amended 
        to read: 
           14.08 [REVISOR OF STATUTES APPROVAL OF RULE AND RULE FORM; 
        COSTS.] 
           (a) Two copies of a rule adopted pursuant to the provisions 
        of section 14.26 or 14.32 shall be submitted by the agency to 
        the attorney general chief administrative law judge.  
        The attorney general chief administrative law judge shall send 
        one copy of the rule to the revisor on the same day as it is 
        submitted by the agency under section 14.26 or 14.32.  Within 
        five days after receipt of the rule, excluding weekends and 
        holidays, the revisor shall either return the rule with a 
        certificate of approval of the form of the rule to the attorney 
        general chief administrative law judge or notify the attorney 
        general chief administrative law judge and the agency that the 
        form of the rule will not be approved.  
           If the attorney general chief administrative law judge 
        disapproves a rule, the agency may modify it and the agency 
        shall submit two copies of the modified rule to the attorney 
        general 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 
        be submitted by the agency to the revisor for approval of the 
        form of the rule.  Within five working days after receipt of the 
        rule, the revisor shall either return the rule with a 
        certificate of approval to the agency or notify 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 revise the rule so it is in the 
        correct form.  
           (d) The attorney general chief administrative law judge 
        shall assess an agency for the attorney general's actual cost of 
        processing rules under this section.  The agency shall pay the 
        attorney general's assessments using the procedures of section 
        8.15.  Each agency shall include in its budget money to pay 
        the attorney general's assessments.  Receipts from the 
        assessment must be deposited in the state treasury and credited 
        to the general fund administrative hearings account created in 
        section 14.54. 
           Sec. 10.  Minnesota Statutes 1994, section 14.09, is 
        amended to read: 
           14.09 [PETITION FOR ADOPTION OF RULE.] 
           Any interested person may petition an agency requesting the 
        adoption, suspension, amendment, or repeal of any rule.  The 
        petition shall be specific as to what action is requested and 
        the need for the action.  Upon receiving a petition an agency 
        shall have 60 days in which to make a specific and detailed 
        reply in writing as to its planned disposition of the request 
        and the reasons for its planned disposition of the request.  If 
        the agency states its intention to hold a public hearing on the 
        subject of the request, it shall proceed according to sections 
        14.05 to 14.36 14.28.  The attorney general chief administrative 
        law judge shall prescribe by rule the form for all petitions 
        under this section and may prescribe further procedures for 
        their submission, consideration, and disposition. 
           Sec. 11.  [14.101] [ADVICE ON POSSIBLE RULES.] 
           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, the 
        types of groups and individuals likely to be affected, and 
        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.
           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. 
           Subd. 3.  [EFFECT OF GOOD FAITH COMPLIANCE.] If an agency 
        has made a good faith effort to comply with this section, a rule 
        may not be invalidated on the grounds that the contents of this 
        notice are insufficient or inaccurate. 
           Sec. 12.  [14.125] [TIME LIMIT ON AUTHORITY TO ADOPT, 
        AMEND, OR REPEAL RULES.] 
           An agency shall publish a notice of intent to adopt rules 
        or a notice of hearing within 18 months of the effective date of 
        the law authorizing or requiring rules to be adopted, amended, 
        or repealed.  If the notice is not published within the time 
        limit imposed by this section, the authority for the rules 
        expires.  The agency shall not use other law in existence at the 
        time of the expiration of rulemaking authority under this 
        section as authority to adopt, amend, or repeal these rules.  
           An agency that publishes a notice of intent to adopt rules 
        or a notice of hearing within the time limit specified in this 
        section may subsequently amend or repeal the rules without 
        additional legislative authorization. 
           Sec. 13.  Minnesota Statutes 1994, 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 section 14.14, subdivision 1a, the agency 
        must prepare, review, and make available for public review a 
        statement of the need for and reasonableness of the rule and a 
        fiscal note if required by section 3.982.  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.  
           For rules setting, adjusting, or establishing regulatory, 
        licensure, or other charges for goods and services, the 
        statement of need and reasonableness must include the comments 
        and recommendations of the commissioner of finance and must 
        address any fiscal and policy concerns raised during the review 
        process, as required by section 16A.1285. 
           The statement must also describe the agency's efforts to 
        provide additional notification 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 shall send a copy of the statement of need and 
        reasonableness to the legislative commission to review 
        administrative rules when it becomes available for public review.
           Sec. 14.  Minnesota Statutes 1994, 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 hearings 
        proceedings.  The agency may inquire as to whether those persons 
        on the list wish to maintain their names thereon and may remove 
        names for which there is a negative reply or no reply within 60 
        days.  The agency shall, at least 30 days prior to 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 shall 
        include either a copy of the proposed rule or a description of 
        the nature and effect of the proposed rule 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 
        contact persons not on its list and may give 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 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, and other information as required by law or rule.  
        When an entire rule is proposed to be repealed, the agency need 
        only publish that fact, giving the citation to the rule to be 
        repealed in the notice. 
           (b) The legislative commission to review administrative 
        rules 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. 15.  Minnesota Statutes 1994, section 14.15, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FINDING OF SUBSTANTIAL CHANGE DIFFERENCE.] If 
        the report contains a finding that a rule has been modified in a 
        way which makes it substantially different, as determined under 
        section 14.05, subdivision 2, from that which was originally 
        proposed, or that the agency has not met the requirements of 
        sections 14.131 to 14.18, it shall be submitted to the chief 
        administrative law judge for approval.  If the chief 
        administrative law judge approves the finding of the 
        administrative law judge, the chief administrative law judge 
        shall advise the agency and the revisor of statutes of actions 
        which will correct the defects.  The agency shall not adopt the 
        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.  
           Sec. 16.  Minnesota Statutes 1994, 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 commission to review 
        administrative rules for the commission's advice and comment.  
        The agency shall not adopt the rule until it has received and 
        considered the advice of the commission.  However, the agency is 
        not required to delay adoption longer wait for the commission's 
        advice for more than 30 60 days after the commission has 
        received the agency's submission.  Advice of the commission 
        shall not be binding on the agency. 
           Sec. 17.  Minnesota Statutes 1994, 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 to the chief administrative law 
        judge for a review on the issue of substantial change 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 that which was 
        originally proposed, the chief administrative law judge shall 
        advise the agency of actions which will correct the defects.  
        The agency shall 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 be given on the same day 
        that the rule is filed.  
           Sec. 18.  Minnesota Statutes 1994, section 14.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERALLY.] A rule is effective after it 
        has been subjected to all requirements described in sections 
        14.131 to 14.20 and five working days after the notice of 
        adoption is published in the State Register unless a later date 
        is required by law or specified in the rule.  If the rule 
        adopted is the same as the proposed rule, publication may be 
        made by publishing notice in the State Register that the rule 
        has been adopted as proposed and by citing the prior 
        publication.  If the rule adopted differs from the proposed 
        rule, the portions of the adopted rule which differ from the 
        proposed rule shall be included in the notice of adoption 
        together with a citation to the prior State Register publication 
        of the remainder of the proposed rule.  The nature of the 
        modifications must be clear to a reasonable person when the 
        notice of adoption is considered together with the State 
        Register publication of the proposed rule, except that 
        modifications may also be made which comply with the form 
        requirements of section 14.07, subdivision 7.  
           If the agency omitted from the notice of proposed rule 
        adoption the text of the proposed rule, as permitted by section 
        14.14, subdivision 1a, paragraph (b), the legislative commission 
        to review administrative rules may provide that the notice of 
        the adopted rule need not include the text of any changes from 
        the proposed rule.  However, the notice of adoption must state 
        in detail the substance of the changes made from the proposed 
        rule, and must state that a free copy of that portion of the 
        adopted rule that was the subject of the rulemaking proceeding, 
        not including any material adopted by reference as permitted by 
        section 14.07, is available upon request to the agency. 
           Sec. 19.  Minnesota Statutes 1994, section 14.19, is 
        amended to read: 
           14.19 [DEADLINE TO COMPLETE RULEMAKING.] 
           The agency shall, within 180 days after issuance of the 
        administrative law judge's report, submit its notice of 
        adoption, amendment, suspension, 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 shall not adopt the withdrawn rules 
        without again following the procedures of sections 14.05 to 
        14.36.  It shall report to the legislative commission to review 
        administrative rules, 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, the attorney general, or the 
        legislative commission to review administrative rules if the 
        review is required by law.  
           Sec. 20.  Minnesota Statutes 1994, 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 shall be given by publication in the 
        State Register and by United States mail to persons who have 
        registered their names with the agency pursuant to section 
        14.14, subdivision 1a.  The mailed notice shall include either a 
        copy of the proposed rule or a description of the nature and 
        effect of the proposed rule 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 contact 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 shall include 
        the proposed rule or the amended rule in the form required by 
        the revisor under section 14.07, and 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 as required by law or rule.  When an entire rule is 
        proposed to be repealed, the notice need only state that fact, 
        giving the citation to the rule to be repealed in the notice.  
        The notice shall include a statement advising the public: 
           (1) that they have 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 shall request a public 
        hearing on the proposed rule; 
           (5) that the name and address of the person requesting a 
        public hearing shall be stated of the requirements contained in 
        section 14.25 relating to a written request for a public 
        hearing, and that the requester is encouraged to identify the 
        portion of the proposed rule addressed, the reason for the 
        request, and propose any change proposed 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 attorney general 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 legislative commission to review administrative 
        rules 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. 21.  Minnesota Statutes 1994, section 14.23, is 
        amended to read: 
           14.23 [STATEMENT OF NEED AND REASONABLENESS.] 
           Before the date of the section 14.22 notice, the agency 
        shall prepare a statement of need and reasonableness which shall 
        be available to the public.  The statement of need and 
        reasonableness must include the analysis required in section 
        14.131 and the comments and recommendations of the commissioner 
        of finance, and must address any fiscal and policy concerns 
        raised during the review process, as required by section 
        16A.1285.  The statement must also describe the agency's efforts 
        to provide additional notification 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 all interested 
        persons 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 commission to review 
        administrative rules when it becomes available to the public. 
           Sec. 22.  Minnesota Statutes 1994, section 14.24, is 
        amended to read: 
           14.24 [MODIFICATIONS OF PROPOSED RULE.] 
           The proposed rule may be modified if the modifications are 
        supported by the data and views submitted to the agency and do 
        not result in a substantial change substantially different rule, 
        as determined under section 14.05, subdivision 2, from the rule 
        as originally proposed.  An agency may adopt a substantially 
        different rule after satisfying the rule requirements for the 
        adoption of a substantially different rule. 
           Sec. 23.  Minnesota Statutes 1994, section 14.25, is 
        amended to read: 
           14.25 [PUBLIC HEARING REQUIRED.] 
           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.  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 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, the agency must give 
        written notice of that fact to all persons who have requested 
        the public 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.  The notice must 
        also invite persons to submit written comments 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. 24.  Minnesota Statutes 1994, section 14.26, is 
        amended to read: 
           14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY 
        GENERAL ADMINISTRATIVE LAW JUDGE.] 
           Subdivision 1.  [SUBMISSION.] If no hearing is required, 
        the agency shall submit to the attorney general an 
        administrative law judge assigned by the chief administrative 
        law judge the proposed rule and notice as published, the rule as 
        proposed for adoption, 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 attorney general administrative law judge.  This notice 
        shall be given on the same day that the record is submitted.  If 
        the proposed rule has been modified, the notice shall state that 
        fact, and shall state that a free copy of the proposed rule, as 
        modified, is available upon request from the agency.  The rule 
        and these materials shall be submitted to the attorney general 
        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 shall report its failure to adopt the 
        rules and the reasons for that failure to the legislative 
        commission to review administrative rules, other appropriate 
        legislative committees, and the governor.  
           Subd. 2.  [RESUBMISSION.] Even if the 180-day period 
        expires while the attorney general administrative law judge 
        reviews the rule, if the attorney general administrative law 
        judge rejects the rule, the agency may resubmit it after taking 
        corrective action.  The resubmission must occur within 30 days 
        of when the agency receives written notice of the disapproval.  
        If the rule is again disapproved, the rule is withdrawn.  An 
        agency may resubmit at any time before the expiration of the 
        180-day period.  If the agency withholds some of the proposed 
        rule, it may not adopt the withheld portion without again 
        following the procedures of sections 14.14 to 14.28, or 14.29 to 
        14.36.  
           Subd. 3.  [REVIEW.] (a) The attorney general administrative 
        law judge shall, within 14 days, approve or disapprove the rule 
        as to its legality and its form to the extent the form relates 
        to legality, including the issue issues of substantial change 
        whether the rule if modified is substantially different, as 
        determined under section 14.05, subdivision 2, from the rule as 
        originally proposed, and determine 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 within 14 days.  If the rule is approved, 
        the attorney general administrative law judge shall promptly 
        file two 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.  If the rule is disapproved, 
        the attorney general administrative law judge shall state in 
        writing the reasons and make recommendations to overcome 
        the deficiencies, and 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 commission to review 
        administrative rules, and the revisor of statutes and advise the 
        agency and the revisor of statutes of actions that will correct 
        the defects.  The rule shall not be filed in the office of the 
        secretary of state, nor published until the deficiencies chief 
        administrative law judge determines that the defects have 
        been overcome corrected or, if applicable, that the agency has 
        satisfied the rule requirements for the adoption of a 
        substantially different rule.  The attorney general shall send a 
        statement of reasons for disapproval of the rule to the agency, 
        the chief administrative law judge, the legislative commission 
        to review administrative rules, and to the revisor of statutes. 
           (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 commission to review administrative 
        rules for the commission's advice and comment.  The agency shall 
        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 attorney general 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 attorney general 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. 
           Subd. 4.  [COSTS.] The attorney general office of 
        administrative hearings shall assess an agency for the actual 
        cost of processing rules under this section.  The agency shall 
        pay the attorney general's assessments using the procedures of 
        section 8.15.  Each agency shall include in its budget money to 
        pay the attorney general's assessment.  Receipts from the 
        assessment must be deposited in the state treasury and credited 
        to the general fund administrative hearings account created in 
        section 14.54. 
           Sec. 25.  Minnesota Statutes 1994, 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 sections 14.05 to 14.36 14.28.
        The record shall 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 contain:  
           (1) copies of all publications in the State Register 
        pertaining to the rule; 
           (2) all written petitions, requests, submissions, or 
        comments received by the agency, or the administrative law 
        judge, or the attorney general pertaining to the rule; 
           (3) the statement of need and reasonableness for the rule, 
        if any; 
           (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 attorney general administrative law judge under 
        sections 14.22 to 14.28; 
           (7) the attorney general's 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 or of the attorney general; 
           (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. 26.  [14.366] [PUBLIC RULEMAKING DOCKET.] 
           (a) Each agency shall maintain a current, public rulemaking 
        docket.  
           (b) The rulemaking docket must contain a listing of the 
        precise subject matter of each possible proposed rule currently 
        under active consideration within the agency for proposal, the 
        name and address of agency personnel with whom persons may 
        communicate with respect to the matter, and an indication of its 
        present status within the agency. 
           (c) The rulemaking docket must list each pending rulemaking 
        proceeding.  A rulemaking proceeding is pending from the time it 
        is begun, by publication of the notice of solicitation, the 
        notice of intent to adopt, or notice of hearing, to the time it 
        is terminated, by publication of a notice of withdrawal or the 
        rule becoming effective.  For each rulemaking proceeding, the 
        docket must indicate:  
           (1) the subject matter of the proposed rule; 
           (2) a citation to all published notices relating to the 
        proceeding; 
           (3) where written comments on the proposed rule may be 
        inspected; 
           (4) the time during which written comments may be made; 
           (5) the names of persons who have made written requests for 
        a public hearing, where those requests may be inspected, and 
        where and when the hearing will be held; 
           (6) the current status of the proposed rule and any agency 
        determinations with respect to the rule; 
           (7) any known timetable for agency decisions or other 
        action in the proceeding; 
           (8) the date of the rule's adoption; 
           (9) the date the rule was filed with the secretary of 
        state; and 
           (10) when the rule will become effective.  
           Sec. 27.  [14.386] [PROCEDURE FOR ADOPTING EXEMPT RULES; 
        DURATION.] 
           (a) A rule adopted, amended, or repealed by an agency, 
        under a statute 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 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.
           (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 rules adopted, amended, 
        or repealed under section 14.388. 
           This section also does not apply to: 
           (1) rules implementing emergency powers pursuant to 
        sections 12.31 to 12.37; 
           (2) rules of agencies directly in the legislative or 
        judicial branches; 
           (3) rules of the regents of the University of Minnesota; 
           (4) rules of the department of military affairs; 
           (5) rules of the comprehensive health association provided 
        in section 62E.10; 
           (6) rules of the tax court provided by section 271.06; 
           (7) rules concerning only the internal management of the 
        agency or other agencies, and which do not directly affect the 
        rights of or procedure available to the public; 
           (8) rules of the commissioner of corrections relating to 
        the placement and supervision of inmates serving a supervised 
        release term, the internal management of institutions under the 
        commissioner's control, and rules adopted under section 609.105 
        governing the inmates of those institutions; 
           (9) rules relating to weight limitations on the use of 
        highways when the substance of the rules is indicated to the 
        public by means of signs; 
           (10) opinions of the attorney general; 
           (11) the systems architecture plan and long-range plan of 
        the state education management information system provided by 
        section 121.931; 
           (12) the data element dictionary and the annual data 
        acquisition calendar of the department of education to the 
        extent provided by section 121.932; 
           (13) the occupational safety and health standards provided 
        in section 182.655; 
           (14) revenue notices and tax information bulletins of the 
        commissioner of revenue; 
           (15) uniform conveyancing forms adopted by the commissioner 
        of commerce under section 507.09; 
           (16) game and fish rules of the commissioner of natural 
        resources adopted under section 84.027, subdivision 13, or 
        sections 97A.0451 to 97A.0459; or 
           (17) experimental and special management waters designated 
        by the commissioner of natural resources under sections 97C.001 
        and 97C.005. 
           Sec. 28.  [14.387] [LEGAL STATUS OF EXISTING EXEMPT RULES.] 
           A rule adopted on or before the day following final 
        enactment of this section, and which was not adopted under 
        sections 14.05 to 14.36 or their predecessor provisions, does 
        not have the force and effect of law on and after July 1, 1997, 
        and the authority for the rule expires on that date.  
           This section does not apply to: 
           (1) rules implementing emergency powers under sections 
        12.31 to 12.37; 
           (2) rules of agencies directly in the legislative or 
        judicial branches; 
           (3) rules of the regents of the University of Minnesota; 
           (4) rules of the department of military affairs; 
           (5) rules of the comprehensive health association provided 
        in section 62E.10; 
           (6) rules of the tax court provided by section 271.06; 
           (7) rules concerning only the internal management of the 
        agency or other agencies, and which do not directly affect the 
        rights of or procedure available to the public; 
           (8) rules of the commissioner of corrections relating to 
        the placement and supervision of inmates serving a supervised 
        release term, the internal management of institutions under the 
        commissioner's control, and rules adopted under section 609.105 
        governing the inmates of those institutions; 
           (9) rules relating to weight limitations on the use of 
        highways when the substance of the rules is indicated to the 
        public by means of signs; 
           (10) opinions of the attorney general; 
           (11) the systems architecture plan and long-range plan of 
        the state education management information system provided by 
        section 121.931; 
           (12) the data element dictionary and the annual data 
        acquisition calendar of the department of education to the 
        extent provided by section 121.932; 
           (13) the occupational safety and health standards provided 
        in section 182.655; 
           (14) revenue notices and tax information bulletins of the 
        commissioner of revenue; 
           (15) uniform conveyancing forms adopted by the commissioner 
        of commerce under section 507.09; 
           (16) game and fish rules of the commissioner of natural 
        resources adopted under section 84.027, subdivision 13, or 
        sections 97A.0451 to 97A.0459; or 
           (17) experimental and special management waters designated 
        by the commissioner of natural resources under sections 97C.001 
        and 97C.005. 
           Sec. 29.  [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. 30.  Minnesota Statutes 1994, section 14.48, is 
        amended to read: 
           14.48 [CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS; CHIEF 
        ADMINISTRATIVE LAW JUDGE APPOINTED; OTHER ADMINISTRATIVE LAW 
        JUDGES APPOINTED.] 
           A state office of administrative hearings is created.  The 
        office shall be under the direction of a chief administrative 
        law judge who shall be learned in the law and appointed by the 
        governor, with the advice and consent of the senate, for a term 
        ending on June 30 of the sixth calendar year after appointment.  
        Senate confirmation of the chief administrative law judge shall 
        be as provided by section 15.066.  The chief administrative law 
        judge may hear cases and shall appoint additional administrative 
        law judges and compensation judges to serve in the office as 
        necessary to fulfill the duties prescribed in sections 14.48 to 
        14.56 chapters 14 and chapter 176.  The chief administrative law 
        judge may delegate to a subordinate employee the exercise of a 
        specified statutory power or duty as deemed advisable, subject 
        to the control of the chief administrative law judge.  Every 
        delegation must be by written order filed with the secretary of 
        state.  All administrative law judges and compensation judges 
        shall be in the classified service except that the chief 
        administrative law judge shall be in the unclassified service, 
        but may be removed only for cause.  All administrative law 
        judges shall have demonstrated knowledge of administrative 
        procedures and shall be free of any political or economic 
        association that would impair their ability to function 
        officially in a fair and objective manner.  All workers' 
        compensation judges shall be learned in the law, shall have 
        demonstrated knowledge of workers' compensation laws and shall 
        be free of any political or economic association that would 
        impair their ability to function officially in a fair and 
        objective manner. 
           Sec. 31.  Minnesota Statutes 1994, section 14.51, is 
        amended to read: 
           14.51 [PROCEDURAL RULES FOR HEARINGS.] 
           The chief administrative law judge shall adopt rules to 
        govern:  (1) the procedural conduct of all hearings, relating to 
        both rule adoption, amendment, suspension or repeal hearings, 
        contested case hearings, and workers' compensation hearings, and 
        to govern the conduct of voluntary mediation sessions for 
        rulemaking and contested cases other than those within the 
        jurisdiction of the bureau of mediation services.  Temporary 
        rulemaking authority is granted to the chief administrative law 
        judge for the purpose of implementing Laws 1981, chapter 346, 
        sections 2 to 6, 103 to 122, 127 to 135, and 141; and (2) the 
        review of rules adopted without a public hearing.  The 
        procedural rules for hearings shall be binding upon all agencies 
        and shall supersede any other agency procedural rules with which 
        they may be in conflict.  The procedural rules for hearings 
        shall include in addition to normal procedural matters 
        provisions relating to recessing and reconvening new 
        hearings the procedure to be followed when the proposed final 
        rule of an agency is substantially different, as determined 
        under section 14.05, subdivision 2, from that which was proposed 
        at the public hearing.  The procedural rules shall establish a 
        procedure whereby the proposed final rule of an agency shall be 
        reviewed by the chief administrative law judge to determine 
        whether or not a new hearing is required because on the issue of 
        substantial changes whether the proposed final rule of the 
        agency is substantially different than that which was proposed 
        or failure of the agency to meet the requirements of sections 
        14.131 to 14.18 chapter 14.  The rules must also provide:  (1) 
        an expedited procedure, consistent with section 14.001, clauses 
        (1) to (5), for the adoption of substantially different rules by 
        agencies; and (2) a procedure to allow an agency to receive 
        prior binding approval of its plan regarding the additional 
        notice contemplated under sections 14.101, 14.131, 14.14, 14.22, 
        and 14.23.  Upon the chief administrative law judge's own 
        initiative or upon written request of an interested party, the 
        chief administrative law judge may issue a subpoena for the 
        attendance of a witness or the production of books, papers, 
        records or other documents as are material to the matter being 
        heard.  The subpoenas shall be enforceable through the district 
        court in the district in which the subpoena is issued. 
           Sec. 32.  Minnesota Statutes 1994, section 16A.1285, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POLICY.] Unless otherwise provided by law, 
        specific charges falling within definitions stipulated in 
        subdivision 1 must be set in the manner prescribed in this 
        subdivision provided that:  (1) agencies, when setting, 
        adjusting, or authorizing any charge for goods or services that 
        are of direct, immediate, and primary benefit to an individual, 
        business, or other nonstate entity, shall set the charges at a 
        level that neither significantly over recovers nor under 
        recovers costs, including overhead costs, involved in providing 
        the services; or (2) that agencies, when setting, adjusting, or 
        establishing regulatory, licensure, or other charges that are 
        levied, in whole or in part, in the public interest shall 
        recover, but are not limited to, the costs involved in 
        performance and administration of the functions involved. 
           Unless specifically provided otherwise in statute, in 
        setting, adjusting, or authorizing charges that in whole or in 
        part recover previously unrecovered costs, recovery is limited 
        to those unrecovered costs incurred during the two fiscal years 
        immediately preceding the setting, adjustment, or authorization. 
           Sec. 33.  Minnesota Statutes 1994, section 16A.1285, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RULEMAKING.] (a) Unless otherwise exempted or 
        unless specifically set by law, all charges for goods and 
        services, licenses, and regulation must be established or 
        adjusted as provided in chapter 14; except that agencies may 
        establish or adjust individual the following kinds of charges 
        when:  
           (1) charges for goods and services are provided for the 
        direct and primary use of a private individual, business, or 
        other similar entity; 
           (2) charges are nonrecurring charges; 
           (3) charges that would produce insignificant revenues; 
           (4) charges are billed within or between state agencies; or 
           (5) charges are for admissions to or for use of public 
        facilities operated by the state, if the charges are set 
        according to prevailing market conditions to recover operating 
        costs. 
           (b) In addition to the exceptions in paragraph (a), 
        agencies may adjust charges, with the approval of the 
        commissioner of finance, if the; or 
           (6) proposed adjustments to charges that are within 
        consumer price level (CPI) ranges stipulated by the commissioner 
        of finance, if the adjustments and do not change the type or 
        purpose of the item being adjusted. 
           (c) Any (b) Departmental earnings changes or adjustments 
        authorized by the commissioner of finance or listed in paragraph 
        (a), clause (1), (5), or (6), must be reported by the 
        commissioner of finance to the chairs of the senate committee on 
        finance and the house ways and means committee before August 1 
        November 30 of each year. 
           Sec. 34.  Minnesota Statutes 1994, section 16A.1285, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PROCEDURE.] The commissioner of finance shall 
        review and comment on all departmental charges submitted for 
        approval under chapter 14.  The commissioner's comments and 
        recommendations must be included in the statement of need and 
        reasonableness and must address any fiscal and policy concerns 
        raised during the review process. 
           Sec. 35.  Minnesota Statutes 1994, section 17.84, is 
        amended to read: 
           17.84 [DUTIES OF THE COMMISSIONER.] 
           Within 30 days of the receipt of the notices notice 
        provided in section 17.82 or 17.83, the commissioner shall 
        review the agency's proposed action, shall negotiate with the 
        agency, and shall recommend to the agency in writing the 
        implementation either of the action as proposed or an 
        alternative.  In making recommendations, the commissioner shall 
        follow the statement of policy contained in section 17.80.  If 
        the proposed agency action is the adoption of a rule, the 
        recommendation of the commissioner shall be made a part of the 
        record in the rule hearing.  If the agency receives no response 
        from the commissioner within 30 days, it shall be deemed a 
        recommendation that the agency take the action as proposed.  
           Sec. 36.  Minnesota Statutes 1994, section 18E.03, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DETERMINATION OF RESPONSE AND REIMBURSEMENT 
        FEE.] (a) The commissioner shall determine the amount of the 
        response and reimbursement fee under subdivision 4 after a 
        public hearing, but notwithstanding section 16A.128, based on: 
           (1) the amount needed to maintain an unencumbered balance 
        in the account of $1,000,000; 
           (2) the amount estimated to be needed for responses to 
        incidents as provided in subdivision 2, clauses (1) and (2); and 
           (3) the amount needed for payment and reimbursement under 
        section 18E.04. 
           (b) The commissioner shall determine the response and 
        reimbursement fee so that the total balance in the account does 
        not exceed $5,000,000.  
           (c) Money from the response and reimbursement fee shall be 
        deposited in the treasury and credited to the agricultural 
        chemical response and reimbursement account. 
           Sec. 37.  Minnesota Statutes 1994, section 43A.04, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [TRAINING FOR AGENCY RULEMAKING STAFF.] The 
        commissioner, in cooperation with the office of administrative 
        hearings, the attorney general, the revisor of statutes, and 
        experienced agency rulemaking staff, shall provide training to 
        agency staff involved in rulemaking, including information about 
        the availability of mediators through the office of 
        administrative hearings. 
           The commissioner may charge agency staff a registration fee 
        for attending this training.  The fee must be set at a level 
        that permits the commissioner to recover the costs, excluding 
        costs of staff time for staff positions funded through general 
        fund appropriations, of providing this training. 
           The office of administrative hearings, the attorney 
        general, agencies involved in providing this training, and the 
        revisor of statutes shall not assess the commissioner for the 
        cost of staff time to conduct the training provided under this 
        subdivision. 
           Sec. 38.  Minnesota Statutes 1994, section 62N.05, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [RECOVERY OF COSTS.] The provisions of section 
        16A.1285, subdivision 2, limiting recovery of costs to the two 
        fiscal years immediately preceding the setting, adjustment, or 
        authorization of fees do not apply to fees charged to entities 
        licensed under this chapter.  This subdivision expires June 30, 
        1999. 
           Sec. 39.  Minnesota Statutes 1994, section 84.027, is 
        amended by adding a subdivision to read: 
           Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
        natural resources may adopt rules under sections 97A.0451 to 
        97A.0459 and this subdivision that are authorized under: 
           (1) chapters 97A, 97B, and 97C to set open seasons and 
        areas, to close seasons and areas, to select hunters for areas, 
        to provide for tagging and registration of game, to prohibit or 
        allow taking of wild animals to protect a species, and to 
        prohibit or allow importation, transportation, or possession of 
        a wild animal; and 
           (2) sections 84.093, 84.14, 84.15, and 84.152 to set 
        seasons for harvesting wild ginseng roots and wild rice and to 
        restrict or prohibit harvesting in designated areas. 
           Clause (2) does not limit or supersede the commissioner's 
        authority to establish opening dates, days, and hours of the 
        wild rice harvesting season under section 84.14, subdivision 3. 
           (b) If conditions exist that do not allow the commissioner 
        to comply with sections 97A.0451 to 97A.0459, the commissioner 
        may adopt a rule under this subdivision by submitting the rule 
        to the attorney general for review under section 97A.0455, 
        publishing a notice in the State Register and filing the rule 
        with the secretary of state and the legislative commission to 
        review administrative rules, and complying with section 
        97A.0459, and including a statement of the emergency conditions 
        and a copy of the rule in the notice.  The notice may be 
        published after it is received from the attorney general or five 
        business days after it is submitted to the attorney general, 
        whichever is earlier. 
           (c) Rules adopted under paragraph (b) are effective upon 
        publishing in the State Register and may be effective up to 
        seven days before publishing and filing under paragraph (b), if: 
           (1) the commissioner of natural resources determines that 
        an emergency exists; 
           (2) the attorney general approves the rule; and 
           (3) for a rule that affects more than three counties the 
        commissioner publishes the rule once in a legal newspaper 
        published in Minneapolis, St. Paul, and Duluth, or for a rule 
        that affects three or fewer counties the commissioner publishes 
        the rule once in a legal newspaper in each of the affected 
        counties. 
           (d) Except as provided in paragraph (e), a rule published 
        under paragraph (c), clause (3), may not be effective earlier 
        than seven days after publication. 
           (e) A rule published under paragraph (c), clause (3), may 
        be effective the day the rule is published if the commissioner 
        gives notice and holds a public hearing on the rule within 15 
        days before publication. 
           (f) The commissioner shall attempt to notify persons or 
        groups of persons affected by rules adopted under paragraphs (b) 
        and (c) by public announcements, posting, and other appropriate 
        means as determined by the commissioner. 
           (g) Notwithstanding section 97A.0458, a rule adopted under 
        this subdivision is effective for the period stated in the 
        notice but not longer than 18 months after the rule is adopted. 
           Sec. 40.  [97A.0451] [AUTHORITY FOR USE OF EMERGENCY RULES 
        PROCEDURE; EXPIRATION OF AUTHORITY.] 
           Subdivision 1.  [WHEN TO USE EMERGENCY RULEMAKING.] When 
        the commissioner is directed by statute, federal law, or court 
        order to adopt, amend, suspend, or repeal a rule in a manner 
        that does not allow for compliance with sections 14.14 to 14.28, 
        or if the commissioner is expressly required or authorized by 
        statute to adopt emergency rules, the commissioner shall adopt 
        emergency rules in accordance with sections 97A.0451 to 97A.0459.
           Subd. 2.  [180-DAY TIME LIMIT.] Unless the commissioner is 
        directed by federal law or court order to adopt, amend, suspend, 
        or repeal a rule in a manner that does not allow for compliance 
        with sections 14.14 to 14.28, the commissioner may not adopt an 
        emergency rule later than 180 days after the effective date of 
        the statutory authority, except as provided in section 84.027, 
        subdivision 13.  If emergency rules are not adopted within the 
        time allowed, the authority for the rules expires.  The time 
        limit of this section does not include any days used for review 
        by the attorney general.  If the 180-day period expires while 
        the attorney general is reviewing the rule and the attorney 
        general disapproves the rule, the commissioner may resubmit the 
        rule to the attorney general after taking corrective action.  
        The resubmission must occur within five working days after the 
        commissioner receives written notice of disapproval.  If the 
        rule is again disapproved by the attorney general, it is 
        withdrawn.  
           Sec. 41.  [97A.0452] [NOTICE OF PROPOSED ADOPTION OF 
        EMERGENCY RULE.] 
           The proposed emergency rule must be published with a notice 
        of intent to adopt emergency rules in the State Register, and 
        the same notice must be mailed to all persons registered with 
        the commissioner to receive notice of any rulemaking 
        proceedings.  The notice must include a statement advising the 
        public that a free copy of the proposed rule is available on 
        request from the commissioner and that notice of the date of 
        submission of the proposed emergency rule to the attorney 
        general will be mailed to any person requesting to receive the 
        notice.  For at least 25 days after publication the commissioner 
        shall afford all interested persons an opportunity to submit 
        data and views on the proposed emergency rule in writing.  The 
        notice must also include the date on which the 25-day comment 
        period ends. 
           Sec. 42.  [97A.0453] [NOTICE TO COMMITTEES FOR FEES FIXED 
        BY RULE.] 
           Before the commissioner submits notice to the State 
        Register of intent to adopt emergency rules that establish or 
        adjust fees, the commissioner shall comply with section 16A.128, 
        subdivision 2a. 
           Sec. 43.  [97A.0454] [MODIFICATIONS OF PROPOSED EMERGENCY 
        RULE.] 
           The proposed emergency rule may be modified if the 
        modifications are supported by the data and views submitted to 
        the commissioner. 
           Sec. 44.  [97A.0455] [SUBMISSION OF PROPOSED EMERGENCY RULE 
        TO ATTORNEY GENERAL.] 
           Subdivision 1.  [SUBMISSION.] The commissioner shall submit 
        to the attorney general the proposed emergency rule as 
        published, with any modifications.  On the same day that it is 
        submitted, the commissioner shall mail notice of the submission 
        to all persons who requested to be informed that the proposed 
        emergency rule has been submitted to the attorney general.  If 
        the proposed emergency rule has been modified, the notice must 
        state that fact, and must state that a free copy of the proposed 
        emergency rule, as modified, is available upon request from the 
        commissioner. 
           Subd. 2.  [REVIEW.] The attorney general shall review the 
        proposed emergency rule as to its legality, review its form to 
        the extent the form relates to legality, and shall approve or 
        disapprove the proposed emergency rule and any modifications on 
        the tenth working day following the date of receipt of the 
        proposed emergency rule from the commissioner.  The attorney 
        general shall send a statement of reasons for disapproval of the 
        rule to the commissioner, the chief administrative law judge, 
        the legislative commission to review administrative rules, and 
        to the revisor of statutes. 
           The attorney general shall disregard any error or defect in 
        the proceeding due to the commissioner's failure to satisfy any 
        procedural requirement imposed by law or rule if the attorney 
        general 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 commissioner 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. 
           Subd. 3.  [COSTS.] The attorney general shall assess the 
        commissioner for the actual cost of processing rules under this 
        section.  The commissioner shall include in the department's 
        budget money to pay the attorney general's assessment.  Receipts 
        from the assessment must be deposited in the state treasury and 
        credited to the general fund. 
           Sec. 45.  [97A.0456] [EFFECTIVE DATE OF EMERGENCY RULE.] 
           The emergency rule takes effect five working days after 
        approval by the attorney general.  The attorney general shall 
        file two copies of the approved emergency rule with the 
        secretary of state.  The secretary of state shall forward one 
        copy of each approved and filed emergency rule to the revisor of 
        statutes.  Failure of the attorney general to approve or 
        disapprove a proposed emergency rule within ten working days is 
        approval. 
           Sec. 46.  [97A.0457] [PUBLICATION OF APPROVAL.] 
           As soon as practicable, notice of the attorney general's 
        decision must be published in the State Register and the adopted 
        rule must be published in the manner as provided for adopted 
        rules in section 14.18. 
           Sec. 47.  [97A.0458] [EFFECTIVE PERIOD OF EMERGENCY RULE.] 
           Emergency rules adopted under sections 97A.0451 to 97A.0459 
        shall be effective for the period stated in the notice of intent 
        to adopt emergency rules which may not be longer than 180 days.  
        The emergency rules may be continued in effect for an additional 
        period of up to 180 days if the commissioner gives notice of 
        continuation by publishing notice in the State Register and 
        mailing the same notice to all persons registered with the 
        commissioner to receive notice of any rulemaking proceedings.  
        The continuation is not effective until these notices have been 
        mailed.  No emergency rule may remain in effect on a date 361 
        days after its original effective date.  The emergency rules may 
        not be continued in effect after 360 days without following the 
        procedure of sections 14.14 to 14.28. 
           Sec. 48.  [97A.0459] [APPROVAL OF FORM OF EMERGENCY RULE.] 
           No approved emergency rule shall be filed with the 
        secretary of state or published in the State Register unless the 
        revisor of statutes has certified that the emergency rule's form 
        is approved. 
           Sec. 49.  Minnesota Statutes 1994, section 116.07, 
        subdivision 4d, is amended to read: 
           Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
        fees in amounts not greater than those necessary to cover the 
        reasonable costs of reviewing and acting upon applications for 
        agency permits and implementing and enforcing the conditions of 
        the permits pursuant to agency rules.  Permit fees shall not 
        include the costs of litigation.  The agency shall adopt rules 
        under section 16A.128 establishing the amounts and methods of 
        collection of any permit fees collected under this subdivision.  
        The fee schedule must reflect reasonable and routine permitting, 
        implementation, and enforcement costs.  The agency may impose an 
        additional enforcement fee to be collected for a period of up to 
        two years to cover the reasonable costs of implementing and 
        enforcing the conditions of a permit under the rules of the 
        agency.  Any money collected under this paragraph shall be 
        deposited in the special revenue account. 
           (b) Notwithstanding paragraph (a), and section 16A.128, 
        subdivision 1, the agency shall collect an annual fee from the 
        owner or operator of all stationary sources, emission 
        facilities, emissions units, air contaminant treatment 
        facilities, treatment facilities, potential air contaminant 
        storage facilities, or storage facilities subject to the 
        requirement to obtain a permit under Title V of the federal 
        Clean Air Act Amendments of 1990, Public Law Number 101-549, 
        Statutes at Large, volume 104, pages 2399 et seq., or section 
        116.081.  The annual fee shall be used to pay for all direct and 
        indirect reasonable costs, including attorney general costs, 
        required to develop and administer the permit program 
        requirements of Title V of the federal Clean Air Act Amendments 
        of 1990, Public Law Number 101-549, Statutes at Large, volume 
        104, pages 2399 et seq., and sections of this chapter and the 
        rules adopted under this chapter related to air contamination 
        and noise.  Those costs include the reasonable costs of 
        reviewing and acting upon an application for a permit; 
        implementing and enforcing statutes, rules, and the terms and 
        conditions of a permit; emissions, ambient, and deposition 
        monitoring; preparing generally applicable regulations; 
        responding to federal guidance; modeling, analyses, and 
        demonstrations; preparing inventories and tracking emissions; 
        providing information to the public about these activities; and, 
        after June 30, 1992, the costs of acid deposition monitoring 
        currently assessed under section 116C.69, subdivision 3. 
           (c) The agency shall adopt fee rules in accordance with the 
        procedures in section 16A.128, subdivisions 1a and 2a, 16A.1285 
        that will result in the collection, in the aggregate, from the 
        sources listed in paragraph (b), of the following amounts: 
           (1) in fiscal years 1992 and 1993, the amount appropriated 
        by the legislature from the air quality account in the 
        environmental fund for the agency's air quality program; 
           (2) for fiscal year 1994 and thereafter, an amount not less 
        than $25 per ton of each volatile organic compound; pollutant 
        regulated under United States Code, title 42, section 7411 or 
        7412 (section 111 or 112 of the federal Clean Air Act); and each 
        pollutant, except carbon monoxide, for which a national primary 
        ambient air quality standard has been promulgated; and 
           (3) for fiscal year 1994 and thereafter, the agency fee 
        rules may also result in the collection, in the aggregate, from 
        the sources listed in paragraph (b), of an amount not less than 
        $25 per ton of each pollutant not listed in clause (2) that is 
        regulated under Minnesota Rules, chapter 7005, or for which a 
        state primary ambient air quality standard has been adopted.  
        The agency must not include in the calculation of the aggregate 
        amount to be collected under the fee rules any amount in excess 
        of 4,000 tons per year of each air pollutant from a source. 
           (d) To cover the reasonable costs described in paragraph 
        (b), the agency shall provide in the rules promulgated under 
        paragraph (c) for an increase in the fee collected in each year 
        beginning after fiscal year 1993 by the percentage, if any, by 
        which the Consumer Price Index for the most recent calendar year 
        ending before the beginning of the year the fee is collected 
        exceeds the Consumer Price Index for the calendar year 1989.  
        For purposes of this paragraph the Consumer Price Index for any 
        calendar year is the average of the Consumer Price Index for 
        all-urban consumers published by the United States Department of 
        Labor, as of the close of the 12-month period ending on August 
        31 of each calendar year.  The revision of the Consumer Price 
        Index that is most consistent with the Consumer Price Index for 
        calendar year 1989 shall be used. 
           (e) Any money collected under paragraphs (b) to (d) must be 
        deposited in an air quality account in the environmental fund 
        and must be used solely for the activities listed in paragraph 
        (b).  
           (f) Persons who wish to construct or expand an air emission 
        facility may offer to reimburse the agency for the costs of 
        staff overtime or consultant services needed to expedite permit 
        review.  The reimbursement shall be in addition to fees imposed 
        by paragraphs (a) to (d).  When the agency determines that it 
        needs additional resources to review the permit application in 
        an expedited manner, and that expediting the review would not 
        disrupt air permitting program priorities, the agency may accept 
        the reimbursement.  Reimbursements accepted by the agency are 
        appropriated to the agency for the purpose of reviewing the 
        permit application.  Reimbursement by a permit applicant shall 
        precede and not be contingent upon issuance of a permit and 
        shall not affect the agency's decision on whether to issue or 
        deny a permit, what conditions are included in a permit, or the 
        application of state and federal statutes and rules governing 
        permit determinations. 
           Sec. 50.  Minnesota Statutes 1994, section 144.98, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FEES.] (a) An application for certification 
        under subdivision 1 must be accompanied by the annual fee 
        specified in this subdivision.  The fees are for: 
           (1) base certification fee, $250; and 
           (2) test category certification fees: 
        Test Category                               Certification Fee
        Bacteriology                                         $100
        Inorganic chemistry, fewer than four constituents    $ 50
        Inorganic chemistry, four or more constituents       $150
        Chemistry metals, fewer than four constituents       $100
        Chemistry metals, four or more constituents          $250
        Volatile organic compounds                           $300
        Other organic compounds                              $300
           (b) The total annual certification fee is the base fee plus 
        the applicable test category fees.  The annual certification fee 
        for a contract laboratory is 1.5 times the total certification 
        fee. 
           (c) Laboratories located outside of this state that require 
        an on-site survey will be assessed an additional $1,200 fee. 
           (d) The commissioner of health may adjust fees under 
        section 16A.128, subdivision 2 16A.1285 without rulemaking.  
        Fees must be set so that the total fees support the laboratory 
        certification program.  Direct costs of the certification 
        service include program administration, inspections, the 
        agency's general support costs, and attorney general costs 
        attributable to the fee function. 
           Sec. 51.  Minnesota Statutes 1994, section 221.0335, is 
        amended to read: 
           221.0335 [HAZARDOUS MATERIALS TRANSPORTATION REGISTRATION; 
        FEES.] 
           A person required to file a registration statement under 
        section 106(c) of the federal Hazardous Materials Transportation 
        Safety Act of 1990 may not transport a hazardous material unless 
        the person files an annual hazardous materials registration 
        statement with the commissioner and pays a fee.  The 
        commissioner shall adopt rules to implement this section, 
        including administration of the registration program and 
        establishing registration fees.  A fee may not exceed a person's 
        annual registration fee under the federal act.  Fees must be set 
        in accordance with section 16A.128, subdivision 1a, 16A.1285 to 
        cover the costs of administering and enforcing this section and 
        the costs of hazardous materials incident response capability 
        under sections 299A.48 to 299A.52 and 299K.095.  All fees 
        collected under this section must be deposited in the general 
        fund.  
           Sec. 52.  Minnesota Statutes 1994, section 326.2421, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ALARM AND COMMUNICATION CONTRACTOR'S LICENSES.] 
        No person may lay out, install, maintain, or repair alarm and 
        communication systems, unless the person is licensed as an alarm 
        and communication contractor under this subdivision, or is a 
        licensed electrical contractor under section 326.242, 
        subdivision 6, or is an employee of the contractor.  The board 
        of electricity shall issue an alarm and communication 
        contractor's license to any individual, corporation, 
        partnership, sole proprietorship, or other business entity that 
        provides adequate proof that a bond and insurance in the amounts 
        required by section 326.242, subdivision 6, have been obtained 
        by the applicant.  The board may initially shall set license 
        fees without rulemaking, pursuant to section 16A.128 16A.1285.  
        Installation of alarm and communication systems are subject to 
        inspection and inspection fees as provided in section 326.244, 
        subdivision 1a. 
           Sec. 53.  Minnesota Statutes 1994, section 341.10, is 
        amended to read: 
           341.10 [LICENSE FEES.] 
           The board shall have authority to collect and require the 
        payment of a license fee in an amount set by the board from the 
        owners of franchises or licenses.  Notwithstanding section 
        16A.128, subdivision 1a, The fee is not subject to approval by 
        the commissioner of finance and need not recover all costs.  The 
        board shall require the payment of the fee at the time of the 
        issuance of the license or franchise to the owner.  The moneys 
        so derived shall be collected by the board and paid to the state 
        treasurer.  The board shall have authority to license all 
        boxers, managers, seconds, referees and judges and may require 
        them to pay a license fee.  All moneys collected by the board 
        from such licenses shall be paid to the state treasurer. 
           Sec. 54.  [APPROPRIATION.] 
           (a) $35,000 is appropriated from the general fund to the 
        administrative hearings account in Minnesota Statutes, section 
        14.54, for the purposes of section 55.  The appropriation is 
        available until spent and must be reimbursed to the general fund 
        by June 30, 1997. 
           (b) The office of the attorney general shall transfer 
        $15,000 in fiscal year 1996 to the office of administrative 
        hearings. 
           Sec. 55.  [TRANSFER OF RULE REVIEW AUTHORITY.] 
           (a) The rule review duties of the office of the attorney 
        general are transferred to the office of administrative hearings 
        on January 1, 1996.  Minnesota Statutes, section 15.039, does 
        not apply to this transfer.  
           (b) Proposed rules for which a notice under Minnesota 
        Statutes, section 14.22 or 14.30, has been published in the 
        State Register before January 1, 1996, shall continue to be 
        reviewed by the attorney general under the rule review authority 
        transferred by this article and are governed by Minnesota 
        Statutes 1994, chapter 14, and Minnesota Rules, chapter 2010. 
           (c) Except as otherwise provided in paragraph (b), 
        Minnesota Rules, chapter 2010, shall be enforced by the office 
        of administrative hearings until it is amended or repealed by 
        that office. 
           Sec. 56.  [REVISOR INSTRUCTION.] 
           The revisor of statutes shall correct or remove the 
        references in Minnesota Statutes and Minnesota Rules to the 
        statutory sections repealed in this article. 
           The revisor of statutes shall change the terms "office of 
        attorney general," "attorney general," or similar terms to 
        "office of administrative hearings," "chief administrative law 
        judge," "administrative law judge," or similar terms in 
        Minnesota Rules, chapter 2010, to reflect the intent of the 
        legislature to transfer the attorney general's rule review 
        functions in the manner provided in this article. 
           Sec. 57.  [REPEALER.] 
           (a) Minnesota Statutes 1994, sections 3.846; 14.11; 14.115; 
        14.12; 14.1311; 14.235; and 17.83, are repealed. 
           (b) Minnesota Statutes 1994, sections 14.29; 14.30; 14.305; 
        14.31; 14.32; 14.33; 14.34; 14.35; and 14.36, are repealed. 
           (c) Minnesota Statutes 1994, section 14.10, is repealed. 
           Sec. 58.  [EFFECTIVE DATE.] 
           Sections 1 to 3; 5; 7; 8; 11; 16; 28; 35; 57, paragraph 
        (c); and the rulemaking authority granted in sections 27 and 31 
        are effective the day following final enactment.  Section 12 
        applies to laws authorizing or requiring rulemaking that are 
        finally enacted after January 1, 1996.  Section 32 is effective 
        for costs incurred after June 30, 1995.  Sections 4, 33, 34, 36, 
        and 49 to 54 are effective July 1, 1995.  The remainder of the 
        article is effective January 1, 1996. 
                                   ARTICLE 3
           Section 1.  [REPEALER; DEPARTMENT OF AGRICULTURE.] 
           Minnesota Rules, parts 1540.0010, subparts 12, 18, 21, 22, 
        and 24; 1540.0060; 1540.0070; 1540.0080; 1540.0100; 1540.0110; 
        1540.0120; 1540.0130; 1540.0140; 1540.0150; 1540.0160; 
        1540.0170; 1540.0180; 1540.0190; 1540.0200; 1540.0210; 
        1540.0220; 1540.0230; 1540.0240; 1540.0260; 1540.0320; 
        1540.0330; 1540.0340; 1540.0350; 1540.0370; 1540.0380; 
        1540.0390; 1540.0400; 1540.0410; 1540.0420; 1540.0440; 
        1540.0450; 1540.0460; 1540.0490; 1540.0500; 1540.0510; 
        1540.0520; 1540.0770; 1540.0780; 1540.0800; 1540.0810; 
        1540.0830; 1540.0880; 1540.0890; 1540.0900; 1540.0910; 
        1540.0920; 1540.0930; 1540.0940; 1540.0950; 1540.0960; 
        1540.0970; 1540.0980; 1540.0990; 1540.1000; 1540.1005; 
        1540.1010; 1540.1020; 1540.1030; 1540.1040; 1540.1050; 
        1540.1060; 1540.1070; 1540.1080; 1540.1090; 1540.1100; 
        1540.1110; 1540.1120; 1540.1130; 1540.1140; 1540.1150; 
        1540.1160; 1540.1170; 1540.1180; 1540.1190; 1540.1200; 
        1540.1210; 1540.1220; 1540.1230; 1540.1240; 1540.1250; 
        1540.1255; 1540.1260; 1540.1280; 1540.1290; 1540.1300; 
        1540.1310; 1540.1320; 1540.1330; 1540.1340; 1540.1350; 
        1540.1360; 1540.1380; 1540.1400; 1540.1410; 1540.1420; 
        1540.1430; 1540.1440; 1540.1450; 1540.1460; 1540.1470; 
        1540.1490; 1540.1500; 1540.1510; 1540.1520; 1540.1530; 
        1540.1540; 1540.1550; 1540.1560; 1540.1570; 1540.1580; 
        1540.1590; 1540.1600; 1540.1610; 1540.1620; 1540.1630; 
        1540.1640; 1540.1650; 1540.1660; 1540.1670; 1540.1680; 
        1540.1690; 1540.1700; 1540.1710; 1540.1720; 1540.1730; 
        1540.1740; 1540.1750; 1540.1760; 1540.1770; 1540.1780; 
        1540.1790; 1540.1800; 1540.1810; 1540.1820; 1540.1830; 
        1540.1840; 1540.1850; 1540.1860; 1540.1870; 1540.1880; 
        1540.1890; 1540.1900; 1540.1905; 1540.1910; 1540.1920; 
        1540.1930; 1540.1940; 1540.1950; 1540.1960; 1540.1970; 
        1540.1980; 1540.1990; 1540.2000; 1540.2010; 1540.2015; 
        1540.2020; 1540.2090; 1540.2100; 1540.2110; 1540.2120; 
        1540.2180; 1540.2190; 1540.2200; 1540.2210; 1540.2220; 
        1540.2230; 1540.2240; 1540.2250; 1540.2260; 1540.2270; 
        1540.2280; 1540.2290; 1540.2300; 1540.2310; 1540.2320; 
        1540.2325; 1540.2330; 1540.2340; 1540.2350; 1540.2360; 
        1540.2370; 1540.2380; 1540.2390; 1540.2400; 1540.2410; 
        1540.2420; 1540.2430; 1540.2440; 1540.2450; 1540.2490; 
        1540.2500; 1540.2510; 1540.2530; 1540.2540; 1540.2550; 
        1540.2560; 1540.2570; 1540.2580; 1540.2590; 1540.2610; 
        1540.2630; 1540.2640; 1540.2650; 1540.2660; 1540.2720; 
        1540.2730; 1540.2740; 1540.2760; 1540.2770; 1540.2780; 
        1540.2790; 1540.2800; 1540.2810; 1540.2820; 1540.2830; 
        1540.2840; 1540.3420; 1540.3430; 1540.3440; 1540.3450; 
        1540.3460; 1540.3470; 1540.3560; 1540.3600; 1540.3610; 
        1540.3620; 1540.3630; 1540.3700; 1540.3780; 1540.3960; 
        1540.3970; 1540.3980; 1540.3990; 1540.4000; 1540.4010; 
        1540.4020; 1540.4030; 1540.4040; 1540.4080; 1540.4190; 
        1540.4200; 1540.4210; 1540.4220; 1540.4320; 1540.4330; and 
        1540.4340, are repealed. 
           Sec. 2.  [REPEALER; DEPARTMENT OF COMMERCE.] 
           Minnesota Rules, parts 2642.0120, subpart 1; 2650.0100; 
        2650.0200; 2650.0300; 2650.0400; 2650.0500; 2650.0600; 
        2650.1100; 2650.1200; 2650.1300; 2650.1400; 2650.1500; 
        2650.1600; 2650.1700; 2650.1800; 2650.1900; 2650.2000; 
        2650.2100; 2650.3100; 2650.3200; 2650.3300; 2650.3400; 
        2650.3500; 2650.3600; 2650.3700; 2650.3800; 2650.3900; 
        2650.4000; 2650.4100; 2655.1000; 2660.0070; and 2770.7400, are 
        repealed. 
           Sec. 3.  [REPEALER; DEPARTMENT OF HEALTH.] 
           Minnesota Rules, part 4610.2210, is repealed. 
           Sec. 4.  [REPEALER; DEPARTMENT OF HUMAN SERVICES.] 
           Minnesota Rules, parts 9540.0100; 9540.0200; 9540.0300; 
        9540.0400; 9540.0500; 9540.1000; 9540.1100; 9540.1200; 
        9540.1300; 9540.1400; 9540.1500; 9540.2000; 9540.2100; 
        9540.2200; 9540.2300; 9540.2400; 9540.2500; 9540.2600; and 
        9540.2700, are repealed. 
           Sec. 5.  [REPEALER; POLLUTION CONTROL AGENCY.] 
           Minnesota Rules, parts 7002.0410; 7002.0420; 7002.0430; 
        7002.0440; 7002.0450; 7002.0460; 7002.0470; 7002.0480; 
        7002.0490; 7047.0010; 7047.0020; 7047.0030; 7047.0040; 
        7047.0050; 7047.0060; 7047.0070; 7100.0300; 7100.0310; 
        7100.0320; 7100.0330; 7100.0335; 7100.0340; and 7100.0350, are 
        repealed. 
           Sec. 6.  [REPEALER; DEPARTMENT OF PUBLIC SAFETY.] 
           Minnesota Rules, parts 7510.6100; 7510.6200; 7510.6300; 
        7510.6350; 7510.6400; 7510.6500; 7510.6600; 7510.6700; 
        7510.6800; 7510.6900; and 7510.6910, are repealed. 
           Sec. 7.  [REPEALER; DEPARTMENT OF PUBLIC SERVICE.] 
           Minnesota Rules, parts 7600.0100; 7600.0200; 7600.0300; 
        7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800; 
        7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300; 
        7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800; 
        7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300; 
        7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800; 
        7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300; 
        7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800; 
        7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300; 
        7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800; 
        7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300; 
        7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800; 
        7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300; 
        7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800; 
        7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210; 
        7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700; 
        7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200; 
        7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700; 
        7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200; 
        7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700; 
        7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120; 
        7625.0200; 7625.0210; 7625.0220; and 7625.0230, are repealed. 
           Sec. 8.  [REPEALER; DEPARTMENT OF REVENUE.] 
           Minnesota Rules, parts 8120.1100, subpart 3; 8121.0500, 
        subpart 2; 8130.9912; 8130.9913; 8130.9916; 8130.9920; 
        8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972; 
        8130.9980; and 8130.9992, are repealed. 
                                   ARTICLE 4
           Section 1.  Minnesota Rules, part 1540.2140, is amended to 
        read: 
        1540.2140 DISPOSITION OF CONDEMNED MEAT OR PRODUCT AT OFFICIAL 
        ESTABLISHMENTS HAVING NO TANKING FACILITIES. 
           Any carcass or product condemned at an official 
        establishment which has no facilities for tanking shall be 
        denatured with crude carbolic acid, cresylic disinfectant, or 
        other prescribed agent, or be destroyed by incineration under 
        the supervision of a department employee.  When such carcass or 
        product is not incinerated it shall be slashed freely with a 
        knife, before the denaturing agent is applied. 
           Carcasses and products condemned on account of anthrax, and 
        the materials identified in parts 1540.1300 to 1540.1360, which 
        are derived therefrom at establishments which are not equipped 
        with tanking facilities shall be disposed of by complete 
        incineration, or by thorough denaturing with a prescribed 
        denaturant, and then disposed of in accordance with the 
        requirements of the Board of Animal Health, who shall be 
        notified immediately by the inspector in charge. 
           Sec. 2.  Minnesota Rules, part 7001.0140, subpart 2, is 
        amended to read: 
           Subp. 2.  Agency findings.  The following findings by the 
        agency constitute justification for the agency to refuse to 
        issue a new or modified permit, to refuse permit reissuance, or 
        to revoke a permit without reissuance:  
           A.  that with respect to the facility or activity to be 
        permitted, the proposed permittee or permittees will not comply 
        with all applicable state and federal pollution control statutes 
        and rules administered by the agency, or conditions of the 
        permit; 
           B.  that there exists at the facility to be permitted 
        unresolved noncompliance with applicable state and federal 
        pollution control statutes and rules administered by the agency, 
        or conditions of the permit and that the permittee will not 
        undertake a schedule of compliance to resolve the noncompliance; 
           C.  that the permittee has failed to disclose fully all 
        facts relevant to the facility or activity to be permitted, or 
        that the permittee has submitted false or misleading information 
        to the agency or to the commissioner; 
           D.  that the permitted facility or activity endangers human 
        health or the environment and that the danger cannot be removed 
        by a modification of the conditions of the permit; 
           E.  that all applicable requirements of Minnesota Statutes, 
        chapter 116D and the rules adopted under Minnesota Statutes, 
        chapter 116D have not been fulfilled; 
           F.  that with respect to the facility or activity to be 
        permitted, the proposed permittee has not complied with any 
        requirement under parts 7002.0210 to 7002.0310, 7002.0410 to 
        7002.0490, or chapter 7046 to pay fees; or 
           G.  that with respect to the facility or activity to be 
        permitted, the proposed permittee has failed to pay a penalty 
        owed under Minnesota Statutes, section 116.072. 
           Sec. 3.  Minnesota Rules, part 7001.0180, is amended to 
        read: 
        7001.0180 JUSTIFICATION TO COMMENCE REVOCATION WITHOUT 
        REISSUANCE OF PERMIT. 
           The following constitute justification for the commissioner 
        to commence proceedings to revoke a permit without reissuance: 
           A.  existence at the permitted facility of unresolved 
        noncompliance with applicable state and federal pollution 
        statutes and rules or a condition of the permit, and refusal of 
        the permittee to undertake a schedule of compliance to resolve 
        the noncompliance; 
           B.  the permittee fails to disclose fully the facts 
        relevant to issuance of the permit or submits false or 
        misleading information to the agency or to the commissioner; 
           C.  the commissioner finds that the permitted facility or 
        activity endangers human health or the environment and that the 
        danger cannot be removed by a modification of the conditions of 
        the permit; 
           D.  the permittee has failed to comply with any requirement 
        under parts 7002.0210 to 7002.0310, 7002.0410 to 7002.0490, or 
        chapter 7046 to pay fees; or 
           E.  the permittee has failed to pay a penalty owed under 
        Minnesota Statutes, section 116.072. 
           Sec. 4.  Minnesota Rules, part 8130.3500, subpart 3, is 
        amended to read:  
           Subp. 3.  Motor carrier direct pay certificate.  A motor 
        carrier direct pay certificate will be issued to qualified 
        electing carriers by the commissioner of revenue and will be 
        effective as of the date shown on the certificate.  A facsimile 
        of the authorized motor carrier direct pay certificate is 
        reproduced at part 8130.9958.  
           Sec. 5.  Minnesota Rules, part 8130.6500, subpart 5, is 
        amended to read: 
           Subp. 5.  Sale of aircraft.  When the dealer sells the 
        aircraft, the selling price must be included in gross sales.  
        The fact that the aircraft commercial use permit has not expired 
        or that the dealer has reported and paid use tax on the aircraft 
        has no effect on the taxability of the sale.  The dealer must 
        return the aircraft commercial use permit (unless previously 
        returned) when the dealer files the sales and use tax return for 
        the month in which the sale was made.  No credit or refund is 
        given for the $20 fee originally paid. 
           A facsimile of the authorized aircraft commercial use 
        permit is reproduced at part 8130.9992. 
           Presented to the governor May 23, 1995 
           Signed by the governor May 25, 1995, 10:15 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569