1. ADOPTIONS, MODIFICATIONS, AND WITHDRAWALS

This chapter explains the form required for adopted rules, modifications, withdrawals, and the notice of adoption.

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Amendments to Proposed Rules Before Adoption

In some cases, an agency will want to amend proposed rules before the adoption stage. This is done when the agency wants to make changes in the rules that would not be allowed as modifications because they are "substantially different" from the proposed rules. (See Minnesota Statutes, sections 14.05, subdivision 2, 14.16, and 14.24.) The amendments must be published in the State Register and the agency must wait until the end of the 30-day comment period before the rule as amended is adopted.

In form, amendments to proposed rules are like modifications. They show the changes from the text of the proposed rules, but tell the reader where to find the full text. They have a heading that labels them as amendments, not proposed rules or adopted rules. See the example on the following page.


Example: Proposed Amendment to Rules as Proposed

Proposed Amendments to Proposed Permanent Rules Governing Staffing Requirements for Principals

3500.0605 STAFFING REQUIREMENTS FOR PRINCIPALS.

Subpart 1. Licensed principal required. Every elementary, middle, and secondary school must be under the immediate direction of an appropriately licensed principal.

A. to I. [Unchanged from State Register, volume 9, page 1401, December 24, 1984.]

J. The commissioner of children, families, and learning may grant a school district an assignment exemption from the requirements of items A, B, and D to I. The exemption must be based on demonstrated hardship. "Hardship" means unique school district situations involving problems of geography, sparsity of population, distance, and enrollment. The exemption must be granted for a school year or a portion of a school year. A request for the exemption must be submitted by the superintendent to the commissioner of education with full documentation of the problems involved in full compliance. The exemption becomes effective when the request is reviewed by the State Board of Education.

Subp. 2. [Unchanged from State Register, volume 9, page 1401, December 24, 1984.]

3510.0600 [Unchanged from State Register, volume 9, page 1401, December 24, 1984.]

REPEALER. [Unchanged from State Register, volume 9, page 1401, December 24, 1984.]

EFFECTIVE DATE. [Unchanged from State Register, volume 9, page 1401, December 24, 1984.]

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Modifications

Often an agency proposes rules and adopts the text of the proposed rules without change. At times, however, an agency adopts rules that differ from the rules as proposed. The differences can be prompted by public comments or by the hearing or review process. See Rulemaking in Minnesota: A Guide.

Modifications is the technical term for changes made after rules have been proposed. Modifications are published in the State Register after the rules are adopted to give the public notice of changes in the rules. The rules as adopted, with or without modifications, must be approved by the revisor's office. A notice of adoption must be printed in the State Register. If modifications are made, the text of the modifications must be printed with the notice of adoption.

An agency may modify a rule so that it is substantially different if the procedures adopted by the Office of Administrative Hearings under Minnesota Statutes, section 14.51, are followed.

After a proposed rule is published in the State Register, the revisor's office prepares a stripped copy of the proposed rule draft, that is, a copy with the struck language and underscoring removed. The revisor's office sends this copy to the agency to be used to show what modifications, if any, should be made to the proposed rules. If modifications are needed, the agency drafter should write the necessary changes on the stripped copy, striking language to be removed and underscoring new language. The markings need only represent the modifications from the rules as proposed, not the total changes from the existing rules. See examples on page 86. The marked copy should be submitted to the revisor's office. The revisor's office will produce revised copies showing the agency's changes.

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Preparing Copy of Adopted Rules

If a rule is being adopted without a public hearing, the Office of Administrative Hearings will notify us of the agency submission of the rule for legal review. The form of the adopted rule must be approved by our office. We have five working days after receipt of the rule to approve its form.

If a rule is being adopted after a public hearing, the agency will submit a copy of the rule, with or without modification, at the end of the hearing. The form of the adopted rule must be approved by our office. We have five working days after receipt of the rule to approve its form.

The revisor's form approval certificate is attached to all adopted rules before they are delivered to the Office of Administrative Hearings for rules adopted without a public hearing, and the agency for rules adopted after a public hearing.


Example: Notice of Adoption for Adopted Rules without Modifications

Department of Human Services

Adopted Permanent Rules Relating to Adult Foster Care Services and Licensure of Adult Foster Homes

The rules proposed and published at State Register, Volume 11, Number 14, pages 650-668, December 6, 1986 (11 S.R. 650), are adopted as proposed.

Approved by Revisor ________



Example: Notice of Adoption for Adopted Rules with Modifications

Department of Human Services

Adopted Permanent Rules Relating to Adult Foster Care Services and Licensure of Adult Foster Homes

The rules proposed and published at State Register, Volume 11, Number 14, pages 650-668, December 6, 1986 (11 S.R. 650), are adopted with the following modifications:

9555.5105 DEFINITIONS.

Subp. 5. Adult foster home. "Adult foster home" means a residence operated by an operator who, for financial gain or otherwise, provides up to four functionally impaired residents with 24-hour foster care to no more than four functionally impaired residents.

Approved by Revisor ________

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Withdrawals of Rules

Modifications can include withdrawals of some of the rules that were proposed if the withdrawals do not substantially change the rules as proposed in the State Register. When withdrawals are included, the form for modifications changes slightly: the full text is shown for all rules that are not withdrawn, even if those parts are not modified. Strikeouts and underscoring are used to show changes, and notes show which parts have been withdrawn. If the rules as proposed contained repealers, they are also shown.


Example: Modifications Including Rules Withdrawn at Adoption Stage

Minnesota Board of Teaching

Proposed Permanent Rules Relating to Teaching Licenses; Continued Education and Miscellaneous Others

8700.0502 PROVISIONAL LICENSES; TEACHING IN UNLICENSED SUBJECTS OR FIELDS. [Withdrawn at 11 S.R. 1783]

8700.0900 CONTINUAL LICENSE. [Withdrawn at 11 S.R. 1783]

8700.1000 CLOCK HOURS. [Withdrawn at 11 S.R. 1783]

8700.1100 LOCAL COMMITTEES FOR CONTINUING EDUCATION AND RELICENSURE. [Withdrawn at 11 S.R. 1783]

8700.1300 TRANSFER OF CLOCK HOURS. [Withdrawn at 11 S.R. 1783]

8700.1400 GRANTOR OF CLOCK HOURS. [Withdrawn at 11 S.R. 1783]

8700.2200 RIGHT OF APPEAL. [Withdrawn at 11 S.R. 1783]

8700.7800 TEACHERS PREPARED IN STATES OTHER THAN MINNESOTA.

Subpart 1. In general. Licenses to teach in Minnesota shall grant licenses to teach in Minnesota to persons who otherwise meet applicable statutory requirements and who complete programs leading to teacher licensure in teacher preparation institutions located outside Minnesota. Such Licenses shall be granted only in licensure fields for which the Board of Teaching has established rules governing programs leading to teacher licensure. Such Licenses shall be issued according to either subpart 2 or 3.

[For text of subps 2 to 4, see M.R.]

Approved by Revisor _________


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