14.05 GENERAL AUTHORITY.
Subdivision 1. Authority to adopt original rules restricted.
Each agency shall adopt,
amend, suspend, or repeal its rules in accordance with the procedures specified in sections
, and only pursuant to authority delegated by law and in full compliance with its duties
and obligations. If a law authorizing rules is repealed, the rules adopted pursuant to that law
are automatically repealed on the effective date of the law's repeal unless there is another law
authorizing the rules. Except as provided in section
shall not be
authority for an agency to adopt, amend, suspend, or repeal rules.
Subd. 2. Authority to modify proposed rule.
(a) An agency may modify a proposed rule in
accordance with the procedures of the Administrative Procedure Act. However, an agency may
not modify a proposed rule so that it is substantially different from the proposed rule in the notice
of intent to adopt rules or notice of hearing.
(b) A modification does not make a proposed rule substantially different if:
(1) the differences are within the scope of the matter announced in the notice of intent to
adopt or notice of hearing and are in character with the issues raised in that notice;
(2) the differences are a logical outgrowth of the contents of the notice of intent to adopt or
notice of hearing and the comments submitted in response to the notice; and
(3) the notice of intent to adopt or notice of hearing provided fair warning that the outcome
of that rulemaking proceeding could be the rule in question.
(c) In determining whether the notice of intent to adopt or notice of hearing provided
fair warning that the outcome of that rulemaking proceeding could be the rule in question the
following factors must be considered:
(1) the extent to which persons who will be affected by the rule should have understood that
the rulemaking proceeding on which it is based could affect their interests;
(2) the extent to which the subject matter of the rule or issues determined by the rule are
different from the subject matter or issues contained in the notice of intent to adopt or notice
of hearing; and
(3) the extent to which the effects of the rule differ from the effects of the proposed rule
contained in the notice of intent to adopt or notice of hearing.
Subd. 3. Authority to withdraw proposed rule.
An agency may withdraw a rule any
time before filing it with the secretary of state. An agency may withdraw a portion of a rule
unless the remaining rule is substantially different from the rule as published. It shall publish
notice that the rule has been withdrawn in the State Register. If a rule is withdrawn, the agency
may again propose it for adoption, either in the original or modified form, but the agency shall
comply with all procedures of sections
, with the exception of section
, if the
noncompliance is approved by the chief administrative law judge.
Subd. 5. Review and repeal of rules.
By December 1 of each year, an agency must submit
to the governor, the Legislative Coordinating Commission, the policy and funding committees
and divisions with jurisdiction over the agency, and the revisor of statutes, a list of any rules or
portions of rules that are obsolete, unnecessary, or duplicative of other state or federal statutes or
rules. The list must also include an explanation of why the rule or portion of the rule is obsolete,
unnecessary, or duplicative of other state or federal statutes or rules. By December 1, the agency
must either report a timetable for repeal of the rule or portion of the rule, or must develop a bill for
submission to the appropriate policy committee to repeal the obsolete, unnecessary, or duplicative
rule. Such a bill must include proposed authorization to use the expedited procedures of section
to repeal or amend the obsolete, unnecessary, or duplicative rule. A report submitted under
this subdivision must be signed by the person in the agency who is responsible for identifying and
initiating repeal of obsolete rules. The report also must identify the status of any rules identified in
the prior year's report as obsolete, unnecessary, or duplicative. If none of an agency's rules are
obsolete, unnecessary, or duplicative, an agency's December 1 report must state that conclusion.
Subd. 6. Veto of adopted rules.
The governor may veto all or a severable portion of a rule
of an agency as defined in section
14.02, subdivisions 2 and 4
, by submitting notice of the veto
to the State Register within 14 days of receiving a copy of the rule from the secretary of state
14.16, subdivision 3
14.26, subdivision 3
or the agency under section
14.389, subdivision 3
, or section
. The veto is effective when the veto notice is submitted
to the State Register. This authority applies only to the extent that the agency itself would have
authority, through rulemaking, to take such action. If the governor vetoes a rule or portion of a
rule under this section, the governor shall notify the chairs of the legislative committees having
jurisdiction over the agency whose rule was vetoed.
History: 1957 c 806 s 2; 1974 c 344 s 1-3; 1975 c 380 s 2; 1975 c 413 s 1; 1976 c 138 s 1;
1977 c 443 s 2; 1980 c 615 s 3-7,9-11,39-50; 1981 c 253 s 5-19; 1981 c 357 s 25; 1Sp1981 c 4 art
2 s 1; 1982 c 424 s 130; 1987 c 384 art 2 s 1; 1990 c 422 s 10; 1995 c 233 art 2 s 6,7,56; 1997 c
98 s 5; 1998 c 303 s 2; 1999 c 129 s 1,6; 2001 c 106 s 1; 2001 c 179 s 1,10,11