97A.0451 AUTHORITY FOR USE OF EMERGENCY RULES PROCEDURE;
EXPIRATION OF AUTHORITY.
Subdivision 1. When to use emergency rulemaking.
When the commissioner is directed by
statute, federal law, or court order to adopt, amend, suspend, or repeal a rule in a manner that
does not allow for compliance with sections
, or if the commissioner is expressly
required or authorized by statute to adopt emergency rules, the commissioner shall adopt
emergency rules in accordance with sections
Subd. 2. 180-day time limit.
Unless the commissioner is directed by federal law or court
order to adopt, amend, suspend, or repeal a rule in a manner that does not allow for compliance
, the commissioner may not adopt an emergency rule later than 180
days after the effective date of the statutory authority, except as provided in section
. If emergency rules are not adopted within the time allowed, the authority for
the rules expires. The time limit of this section does not include any days used for review by
the attorney general. If the 180-day period expires while the attorney general is reviewing the
rule and the attorney general disapproves the rule, the commissioner may resubmit the rule to
the attorney general after taking corrective action. The resubmission must occur within five
working days after the commissioner receives written notice of disapproval. If the rule is again
disapproved by the attorney general, it is withdrawn.
History: 1995 c 233 art 2 s 40