14.386 PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.
(a) A rule adopted, amended, or repealed by an agency, under a statute enacted after January
1, 1997, authorizing or requiring rules to be adopted but excluded from the rulemaking provisions
of chapter 14 or from the definition of a rule, has the force and effect of law only if:
(1) the revisor of statutes approves the form of the rule by certificate;
(2) the person authorized to adopt the rule on behalf of the agency signs an order adopting
(3) the Office of Administrative Hearings approves the rule as to its legality within 14
days after the agency submits it for approval and files four copies of the rule with the revisor's
certificate in the Office of the Secretary of State; and
(4) a copy is published by the agency in the State Register.
The secretary of state shall forward one copy of the rule to the governor.
A statute enacted after January 1, 1997, authorizing or requiring rules to be adopted but
excluded from the rulemaking provisions of chapter 14 or from the definition of a rule does not
excuse compliance with this section unless it makes specific reference to this section.
(b) A rule adopted under this section is effective for a period of two years from the date
of publication of the rule in the State Register. The authority for the rule expires at the end of
this two-year period.
(c) The chief administrative law judge shall adopt rules relating to the rule approval duties
imposed by this section and section
, including rules establishing standards for review.
(d) This section does not apply to:
(1) any group or rule listed in section
14.03, subdivisions 1 and 3
, except as otherwise
provided by law;
(2) game and fish rules of the commissioner of natural resources adopted under section
84.027, subdivision 13
, or sections
(3) experimental and special management waters designated by the commissioner of natural
resources under sections
(4) game refuges designated by the commissioner of natural resources under section
(5) transaction fees established by the commissioner of natural resources for electronic or
telephone sales of licenses, stamps, permits, registrations, or transfers under section
, paragraph (a), clause (3).
(e) If a statute provides that a rule is exempt from chapter 14, and section
apply to the rule, the rule has the force of law unless the context of the statute delegating the
rulemaking authority makes clear that the rule does not have force of law.
History: 1995 c 233 art 2 s 27; 1Sp1995 c 3 art 16 s 13; 1996 c 410 s 1; 1997 c 187 art 5 s
4; 1999 c 129 s 4; 1999 c 231 s 19; 2001 c 106 s 19