Minnesota Administrative Rules

1400.2400 REVIEW OF EXEMPT RULES.

Subpart 1.

Applicability.

This part applies to review of rules adopted by agencies under Minnesota Statutes, sections 14.386 and 14.388.

Subp. 2.

Filing.

The agency must file with the office:

A.

the rule, including the revisor's approval; and

B.

a proposed order adopting the rule, which must include any explanation needed to support the legality of the rule, and:

(1)

the citation to the rule's statutory exemption from the rulemaking procedures of Minnesota Statutes, chapter 14, and any argument needed to support the claim of exemption; or

(2)

an explanation of why the rule meets the requirements of the good cause exemption under Minnesota Statutes, section 14.388; and

(3)

any other information required by law or rule.

Subp. 3.

Review.

A judge must review the agency's filing and either approve or disapprove it within 14 days after the office receives it. In reviewing the filing, the judge must decide whether the rule meets the standards of part 1400.2100, items A and D to G, and whether the agency has established its exemption from rulemaking under Minnesota Statutes, section 14.386 or 14.388.

Subp. 4.

Approval.

If the rule is approved, the agency may publish it in the State Register. If the rule is approved either on initial review or on resubmission, the office must file three copies of the rule with the secretary of state. The office must also send a copy of the judge's decision to the Legislative Coordinating Commission, the revisor, and the attorney general. The office must send the agency a copy of the judge's decision and promptly return the agency's filing.

Subp. 4a.

Disapproval.

If the rule is disapproved, the judge must tell the agency why and what changes are necessary for approval or why the rule is not exempt from rulemaking procedures. The agency must resubmit the rule to the judge for review after changing it. The judge must review and approve or disapprove the rule within five working days after receiving it. A rule does not take effect unless approved.

Subp. 5.

Review by chief judge.

An agency may ask the chief judge to review a rule that has been disapproved by a judge. The agency must make this request within five working days of receiving the judge's decision. The chief judge must review the agency's filing and, within 14 days of receiving it, either approve or disapprove it under the standards in subpart 3.

Statutory Authority:

MS s 14.386; 14.388; 14.51; 15.474

History:

20 SR 2058; 26 SR 391

Published Electronically:

August 6, 2013