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    Subdivision 1. Application. This section applies when a law requiring or authorizing rules to
be adopted states that this section must or may be used to adopt the rules. When a law refers to this
section, the process in this section is the only process an agency must follow for its rules to have
the force and effect of law. Sections 14.19 and 14.366 apply to rules adopted under this section.
    Subd. 2. Notice and comment. The agency must publish notice of the proposed rule in the
State Register and must mail the notice to persons who have registered with the agency to receive
mailed notices. The mailed notice must include either a copy of the proposed rule or a description
of the nature and effect of the proposed rule and a statement that a free copy is available from
the agency upon request. The notice in the State Register must include the proposed rule or the
amended rule in the form required by the revisor under section 14.07, an easily readable and
understandable summary of the overall nature and effect of the proposed rule, and a citation to
the most specific statutory authority for the rule, including authority for the rule to be adopted
under the process in this section. The agency must allow 30 days after publication in the State
Register for comment on the rule.
    Subd. 3. Adoption. The agency may modify a proposed rule if the modifications do not
result in a substantially different rule, as defined in section 14.05, subdivision 2, paragraphs (b)
and (c). If the final rule is identical to the rule originally published in the State Register, the
agency must publish a notice of adoption in the State Register. If the final rule is different from
the rule originally published in the State Register, the agency must publish a copy of the changes
in the State Register. The agency must also file a copy of the rule with the governor. The rule is
effective upon publication in the State Register.
    Subd. 4. Legal review. Before publication of the final rule in the State Register, the agency
must submit the rule to an administrative law judge in the Office of Administrative Hearings. The
administrative law judge shall within 14 days approve or disapprove the rule as to its legality and
its form to the extent the form relates to legality.
    Subd. 5. Option. A law authorizing or requiring rules to be adopted under this section may
refer specifically to this subdivision. If the law contains a specific reference to this subdivision, as
opposed to a general reference to this section:
(1) the notice required in subdivision 2 must include a statement that a public hearing will
be held if 100 or more people request a hearing. The request must be in the manner specified
in section 14.25; and
(2) if 100 or more people submit a written request for a public hearing, the agency may
adopt the rule only after complying with all of the requirements of chapter 14 for rules adopted
after a public hearing.
History: 1997 c 187 art 5 s 5; 1999 c 129 s 5; 2001 c 106 s 21

Official Publication of the State of Minnesota
Revisor of Statutes