2006 Minnesota Statutes

14.15 ADMINISTRATIVE LAW JUDGE'S REPORT.
    Subdivision 1. Time of preparation. After allowing a comment period during which written
material may be submitted and recorded in the hearing record for five working days after the
public hearing ends, or for a longer period not to exceed 20 days if ordered by the administrative
law judge, the administrative law judge assigned to the hearing shall write a report as provided for
in section 14.50. Before writing the report, the administrative law judge shall allow the agency and
interested persons a rebuttal period of five working days after the comment period ends to respond
in writing to any new information submitted. During the comment period and five-day rebuttal
period, the agency may indicate in writing whether there are amendments suggested by other
persons which the agency is willing to adopt. Additional evidence may not be submitted during
this five-day rebuttal period. The written responses must be added to the rulemaking record.
    Subd. 2. Deadline to complete report; extensions. The report shall be completed within 30
days after the close of the hearing record unless the chief administrative law judge, upon written
request of the agency or the administrative law judge, orders an extension. An extension shall not
be granted if the chief administrative law judge determines that an extension would prohibit a
rule from being adopted or becoming effective until after a date for adoption or effectiveness as
required by statute. The report shall be available to all affected persons upon request for at least
five working days before the agency takes any further action on the rule.
    Subd. 3. Finding of substantial difference. If the report contains a finding that a rule has
been modified in a way which makes it substantially different, as determined under section
14.05, subdivision 2, from that which was originally proposed, or that the agency has not met the
requirements of sections 14.131 to 14.18, it shall be submitted to the chief administrative law
judge for approval. If the chief administrative law judge approves the finding of the administrative
law judge, the chief administrative law judge shall advise the agency and the revisor of statutes
of actions which will correct the defects. The agency shall not adopt the rule until the chief
administrative law judge determines that the defects have been corrected or, if applicable, that the
agency has satisfied the rule requirements for the adoption of a substantially different rule.
    Subd. 4. Need or reasonableness not established. If the chief administrative law judge
determines that the need for or reasonableness of the rule has not been established pursuant to
section 14.14, subdivision 2, and if the agency does not elect to follow the suggested actions of the
chief administrative law judge to correct that defect, then the agency shall submit the proposed
rule to the legislative coordinating commission and to the house of representatives and senate
policy committees with primary jurisdiction over state governmental operations for advice and
comment. The agency may not adopt the rule until it has received and considered the advice of the
commission and committees. However, the agency is not required to wait for advice for more than
60 days after the commission and committees have received the agency's submission.
    Subd. 5. Harmless errors. The administrative law judge shall disregard any error or defect
in the proceeding due to the agency's failure to satisfy any procedural requirement imposed by
law or rule if the administrative law judge finds:
(1) that the failure did not deprive any person or entity of an opportunity to participate
meaningfully in the rulemaking process; or
(2) that the agency has taken corrective action to cure the error or defect so that the failure
did not deprive any person or entity of an opportunity to participate meaningfully in the
rulemaking process.
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; 1983 c 210 s 5-7; 1984 c 640 s 10,32; 1987 c 384 art 2 s 1; 1992 c 494 s
3,4; 1995 c 233 art 2 s 15,16; 1997 c 98 s 8; 2000 c 469 s 2; 2001 c 106 s 9