This manual explains the process of rule drafting to those who write administrative rules for Minnesota state agencies. It describes the work done by the revisor's office in preparing proposed and adopted rules for publication in the State Register, and it provides drafters with brief directions and ready examples of style and form in Minnesota Rules.
Minnesota Rules is the completely recompiled collection of the state's administrative rules. The old Minnesota Code of Agency Rules (MCAR), with its many printing formats and mixed numbering systems, was reorganized in a consistent format with a single numbering system, and the new version was published as Minnesota Rules 1983. New editions are published every odd-numbered year with supplements published in every even-numbered year. The form requirements in this manual are designed to make newly drafted rules fit cleanly into the rules format.
Two Rulemaking Tools: Manuals and
Because this manual is primarily about drafting, it does not present the complete process of rulemaking. That information appears in Rulemaking in Minnesota: A Guide by Paul M. Marinac, available from the revisor's office. Those who are new to rulemaking or who work with rules infrequently will need to use the two publications together in order to adopt a rule. Neither the manual nor the rulemaking guide discusses legal questions that bear on administrative rulemaking, and neither discusses in detail the work of the Office of Administrative Hearings. Drafters who want to learn more about these matters should consult Minnesota Statutes, chapter 14 and the rules of the Office of Administrative Hearings.
The Interagency Rules Committee has also put together a very useful manual on rulemaking. It contains many useful forms and checklists that can be used by rulemakers. Copies of the Minnesota Rulemaking Manual may be obtained from Dave Orren of the Minnesota Department of Health. An online version of this manual is available at http://www.health.state.mn.us/divs/hpsc/dap/rmanintr.htm.
Agencies Not Bound by the Administrative Procedure Act
Minnesota Statutes, chapter 14, exempts some agencies and some rules from the requirement to submit rules to the revisor and publish them in the State Register. The legislature from time to time also grants specific rulemaking exemptions for specific programs. If an exempt agency wants its rules to appear in Minnesota Rules, the agency must follow the form requirements in chapter 4 in this manual and submit its drafts to the revisor for form approval.
If an agency adopts an exempt rule under Minnesota Statutes, section 14.386 or 14.388, clauses (1) and (2), the rules are effective only for two years and will not be published in Minnesota Rules.
A Word About Notices
Minnesota Statutes, chapter 14, requires agencies to give notice to the public at several points in the rulemaking process. The revisor's office does not control the form of these notices. We do, however, approve the form of notices of adoption. See the examples. They are discussed only for clarity and completeness in explaining other matters, and they are not subject to the revisor's form review.
To find out what notices are required and when they are required, consult Rulemaking in Minnesota: A Guide. For information about the form of notices, consult copies of the State Register or Minnesota Rules, parts 1400.2000 to 1400.2560, the rules of the office of administrative hearings regarding rules review.
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