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2007 Minnesota Statutes
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Chapter 97A
Section 97A.0455
Topics
Recent History
- 1998 Subd. 2 Amended 1998 c 254 art 1 s 22
- 1995 97A.0455 New 1995 c 233 art 2 s 44
This is an historical version of this statute chapter. Also view the most recent published version.
97A.0455 SUBMISSION OF PROPOSED EMERGENCY RULE TO ATTORNEY
GENERAL.
Subdivision 1. Submission. The commissioner shall submit to the attorney general the
proposed emergency rule as published, with any modifications. On the same day that it is
submitted, the commissioner shall mail notice of the submission to all persons who requested
to be informed that the proposed emergency rule has been submitted to the attorney general. If
the proposed emergency rule has been modified, the notice must state that fact, and must state
that a free copy of the proposed emergency rule, as modified, is available upon request from the
commissioner.
Subd. 2. Review. The attorney general shall review the proposed emergency rule as to its
legality, review its form to the extent the form relates to legality, and shall approve or disapprove
the proposed emergency rule and any modifications on the tenth working day following the date
of receipt of the proposed emergency rule from the commissioner. The attorney general shall send
a statement of reasons for disapproval of the rule to the commissioner, the chief administrative
law judge, the Legislative Coordinating Commission, and to the revisor of statutes.
The attorney general shall disregard any error or defect in the proceeding due to the
commissioner's failure to satisfy any procedural requirement imposed by law or rule if the
attorney general 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 commissioner 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.
Subd. 3. Costs. The attorney general shall assess the commissioner for the actual cost of
processing rules under this section. The commissioner shall include in the department's budget
money to pay the attorney general's assessment. Receipts from the assessment must be deposited
in the state treasury and credited to the general fund.
History: 1995 c 233 art 2 s 44; 1998 c 254 art 1 s 22
GENERAL.
Subdivision 1. Submission. The commissioner shall submit to the attorney general the
proposed emergency rule as published, with any modifications. On the same day that it is
submitted, the commissioner shall mail notice of the submission to all persons who requested
to be informed that the proposed emergency rule has been submitted to the attorney general. If
the proposed emergency rule has been modified, the notice must state that fact, and must state
that a free copy of the proposed emergency rule, as modified, is available upon request from the
commissioner.
Subd. 2. Review. The attorney general shall review the proposed emergency rule as to its
legality, review its form to the extent the form relates to legality, and shall approve or disapprove
the proposed emergency rule and any modifications on the tenth working day following the date
of receipt of the proposed emergency rule from the commissioner. The attorney general shall send
a statement of reasons for disapproval of the rule to the commissioner, the chief administrative
law judge, the Legislative Coordinating Commission, and to the revisor of statutes.
The attorney general shall disregard any error or defect in the proceeding due to the
commissioner's failure to satisfy any procedural requirement imposed by law or rule if the
attorney general 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 commissioner 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.
Subd. 3. Costs. The attorney general shall assess the commissioner for the actual cost of
processing rules under this section. The commissioner shall include in the department's budget
money to pay the attorney general's assessment. Receipts from the assessment must be deposited
in the state treasury and credited to the general fund.
History: 1995 c 233 art 2 s 44; 1998 c 254 art 1 s 22
Official Publication of the State of Minnesota
Revisor of Statutes