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1400.2090 ORDER ADOPTING RULE.

An agency order adopting a rule must contain the following:

A.

if any changes were made to the proposed rule in the adopted rule, a description of the changes, and an explanation of the reasons for the changes and why they do not make the rule substantially different, or, if the procedures in part 1400.2110 were followed, a statement that the agency followed the procedures in part 1400.2110 before adopting the changes;

B.

a statement that the agency has complied with all notice and procedural requirements. For multimember agencies, the order must state that proposal of the rule was authorized by the agency and provide either:

(1)

a copy of the authorization; or

(2)

the date of the agency meeting where the person was authorized to do so, and state that a quorum was present and authorized proposal of the rule;

C.

for rules adopted without a public hearing, the number of persons who requested a hearing, and the number of persons who withdrew their request;

D.

the number of persons who requested notice that the rule has been submitted to the office;

E.

a statement that the rule is needed and reasonable;

F.

a statement that the rule is adopted by the agency; and

G.

the signature of the person authorized to adopt the rule or sign the order and the date the person signed the order. For multimember agencies, the order must state that the person is authorized by the agency to sign the order and provide either:

(1)

a copy of the authorization; or

(2)

the date of the agency meeting where the rule was adopted, and state that a quorum was present and the agency authorized the person to sign the order adopting the rule.

Part 1400.2560 is a recommended form for an order adopting rules.

Statutory Authority:

MS s 14.386; 14.388; 14.51

History:

20 SR 2058

Published Electronically:

August 6, 2013