1999 Minnesota Statutes

     465.7971 Waivers of state rules; policies. 

    Subdivision 1.    Application.  A state agency may apply 
 to the board for a waiver from:  (1) an administrative rule or 
 policy adopted by the department of employee relations that 
 deals with the state personnel system; (2) an administrative 
 rule or policy of the department of administration that deals 
 with the state procurement system; or (3) a policy of the 
 department of finance that deals with the state accounting 
 system.  Two or more state agencies may submit a joint 
 application.  A waiver application must identify the rule or 
 policy at issue, and must describe the improved outcome sought 
 through the waiver. 

    Subd. 2.    Review process.  (a) The board shall review 
 all applications submitted under this section.  The board shall 
 dismiss an application if it finds that the application proposes 
 a waiver that would result in due process violations, violations 
 of federal law or the state or federal constitution, or the loss 
 of services to people who are entitled to them.  If a proposed 
 waiver would violate the terms of a collective bargaining 
 agreement effective under chapter 179A, the waiver is not 
 effective without the consent of the exclusive representative 
 that is a party to the agreement.  The board may approve a 
 waiver only if the board determines that if the waiver is 
 granted:  (1) services can be provided in a more efficient or 
 effective manner; and (2) services related to human resources 
 must be provided in a manner consistent with the policies 
 expressed in Laws 1995, chapter 248, article 13, section 2, and 
 in section 43A.01 and services related to procurement must be 
 provided in a manner consistent with the policies expressed in 
 Laws 1995, chapter 248, article 13, section 4. In the case of a 
 waiver from a policy of the department of finance, the board may 
 approve the waiver only if it determines that services will be 
 provided in a more efficient or effective manner and that state 
 funds will be adequately accounted for and safeguarded in a 
 manner that complies with generally accepted government 
 accounting principles. 

    (b) Within 15 days of receipt of the application, the board 
 shall send a copy of the application to:  (1) the agency whose 
 rule or policy is involved; and (2) all exclusive 
 representatives who represent employees of the agency requesting 
 the waiver.  The agency whose rule or policy is involved may 
 mail a copy of the application to all persons who have 
 registered with the agency under section 14.14, subdivision 1a. 

    (c) The agency whose rule or policy is involved or an 
 exclusive representative shall notify the board of its agreement 
 with or objection to and grounds for objection to the waiver 
 within 60 days of the date when the application was transmitted 
 to the agency or the exclusive representative.  An agency's or 
 exclusive representative's failure to do so is considered 
 agreement to the waiver. 

    (d) If the agency or the exclusive representative objects 
 to the waiver, the board shall schedule a meeting at which the 
 agency requesting the waiver may present its case for the waiver 
 and the objecting party may respond.  The board shall decide 
 whether to grant a waiver at its next regularly scheduled 
 meeting following its receipt of an agency's response, or the 
 end of the 60-day response period, whichever occurs first.  If 
 consideration of an application is not concluded at the meeting, 
 the matter may be carried over to the next meeting of the 
 board.  Interested persons may submit written comments to the 
 board on the waiver request. 

    (e) If the board grants a request for a waiver, the board 
 and the agency requesting the waiver shall enter into an 
 agreement relating to the outcomes desired as a result of the 
 waiver and the means of measurement to determine whether those 
 outcomes have been achieved with the waiver.  The agreement must 
 specify the duration of the waiver, which must be for at least 
 two years and not more than four years.  If the board determines 
 that an agency to which a waiver is granted is failing to comply 
 with the terms of the agreement, the board may rescind the 
 agreement. 

    Subd. 3.    Board.  For purposes of evaluating waiver 
 requests involving rules or policies of the department of 
 administration, the chief administrative law judge shall appoint 
 a third administrative law judge to replace the commissioner of 
 administration on the board. 

    HIST: 1995 c 248 art 16 s 1