Minnesota Administrative Rules

7406.0350 COUNTY OFFICIAL AS DEPUTY REGISTRAR; PROCEDURE.

Subpart 1.

In general.

When a proposed office location is approved by the commissioner, the commissioner shall begin the process of appointing a deputy registrar for the approved office location. The commissioner shall refer the request for an appointment to the county auditor in the same county as the approved office location.

Subp. 2.

County action.

A.

The county auditor, with the approval of the county board, may designate a clerk or equivalent officer within the county to be appointed by the commissioner as a deputy registrar for the approved office location.

B.

If the county auditor does not accept the appointment, the county board may designate the director of the county licensing bureau established under Minnesota Statutes, section 373.33, as the deputy registrar or, if the licensing bureau director is already a deputy registrar, make the licensing bureau director responsible for the administration of the new office location.

C.

Regardless of whether the county auditor or licensing bureau director has been previously appointed a deputy registrar, the county board may decline to designate a deputy registrar for the approved office location.

Subp. 3.

Notice to commissioner required.

The county auditor shall notify the commissioner, in writing, of the option chosen under subpart 2 regarding the designation of a deputy registrar for the approved office location. The notice of the county board's decision must be received by the commissioner within 60 days of the referral to the county auditor by the commissioner.

Subp. 4.

Failure to notify commissioner; consequences.

If the county auditor fails to notify the commissioner within 60 days, the commissioner shall implement the appointment of a deputy registrar for the approved office location under parts 7406.0355 and 7406.0360.

Subp. 5.

[Repealed, 29 SR 97]

Subp. 6.

Change in county auditor appointment.

A county auditor appointed as a deputy registrar shall notify the commissioner, in writing, within ten days of vacating the county auditor office. If the county auditor position is vacated upon the death of a county auditor, a county official authorized by the county board must notify the commissioner within ten days of that vacancy.

Subp. 7.

Transfer of county appointments.

A.

The commissioner shall transfer a deputy registrar appointment of a county official to the successor county official if the position of the county official is taken or assumed by another individual and the county board verifies to the commissioner that the proposed successor deputy registrar meets the qualifications for a deputy registrar as specified in this chapter and Minnesota Statutes, section 168.33.

B.

A successor deputy registrar must not be appointed without certification of the appointment by the commissioner.

C.

A deputy registrar appointment in a county is transferred to the commissioner if:

(1)

the county official's appointment as a deputy registrar in that county is discontinued by the commissioner under parts 7406.0800 to 7406.1000; or

(2)

the county board notifies the commissioner that a successor official will not be designated upon the retirement, resignation, death, or discontinuance of the county official designated as the deputy registrar.

Statutory Authority:

MS s 14.06; 168.33; 299A.01

History:

20 SR 2784; 29 SR 97

Published Electronically:

August 17, 2004