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1400.2100 STANDARDS OF REVIEW.

A rule must be disapproved by the judge or chief judge if the rule:

A.

was not adopted in compliance with procedural requirements of this chapter, Minnesota Statutes, chapter 14, or other law or rule, unless the judge decides that the error must be disregarded under Minnesota Statutes, section 14.15, subdivision 5, or 14.26, subdivision 3, paragraph (d);

B.

is not rationally related to the agency's objective or the record does not demonstrate the need for or reasonableness of the rule;

C.

is substantially different than the proposed rule, and the agency did not follow the procedures of part 1400.2110;

D.

exceeds, conflicts with, does not comply with, or grants the agency discretion beyond what is allowed by, its enabling statute or other applicable law;

E.

is unconstitutional or illegal;

F.

improperly delegates the agency's powers to another agency, person, or group;

G.

is not a "rule" as defined in Minnesota Statutes, section 14.02, subdivision 4, or by its own terms cannot have the force and effect of law; or

H.

is subject to Minnesota Statutes, section 14.25, subdivision 2, and the notice that hearing requests have been withdrawn and written responses to it show that the withdrawal is not consistent with Minnesota Statutes, section 14.001, clauses (2), (4), and (5).

Statutory Authority:

MS s 14.386; 14.388; 14.51

History:

20 SR 2058

Published Electronically:

August 6, 2013