14.25 PUBLIC HEARING.
Subdivision 1. Requests for hearing.
If, during the 30-day period allowed for comment,
25 or more persons submit to the agency a written request for a public hearing of the proposed
rule, the agency shall proceed under the provisions of sections
. The written request
must include: (1) the name and address of the person requesting the public hearing; and (2)
the portion or portions of the rule to which the person objects or a statement that the person
opposes the entire rule. If not previously published under section
14.22, subdivision 2
, a notice
of the public hearing must be published in the State Register and mailed to those persons who
submitted a written request for the public hearing. Unless the agency has modified the proposed
rule, the notice need not include the text of the proposed rule but only a citation to the State
Register pages where the text appears.
A written request for a public hearing that does not comply with the requirements of this
section is invalid and may not be counted by the agency for purposes of determining whether a
public hearing must be held.
Subd. 2. Withdrawal of hearing requests.
If a request for a public hearing has been
withdrawn so as to reduce the number of requests below 25, the agency must give written notice
of that fact to all persons who have requested the public hearing. No public hearing may be
canceled by an agency within three working days of the hearing. The notice must explain why the
request is being withdrawn, and must include a description of any action the agency has taken or
will take that affected or may have affected the decision to withdraw the requests. The notice must
also invite persons to submit written comments within five working days to the agency relating
to the withdrawal. The notice and any written comments received by the agency is part of the
rulemaking record submitted to the administrative law judge under section
administrative law judge shall review the notice and any comments received and determine
whether the withdrawal is consistent with section
, clauses (2), (4), and (5).
This subdivision applies only to a withdrawal of a hearing request that affects whether a
public hearing must be held and only if the agency has taken any action to obtain the withdrawal
of the hearing request.
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; 1984 c 640 s 14; 1990 c 422 s 8; 1995 c 233 art 2 s 23; 2001 c 106 s 14