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14.14 HEARING ON RULE.
    Subdivision 1. Required hearing. When a public hearing is required under section 14.25
or when an agency decides to proceed directly to a public hearing, the agency shall proceed
under the provisions of sections 14.14 to 14.20 and hold a public hearing affording all affected
interests an opportunity to participate.
    Subd. 1a. Notice of rule hearing. (a) Each agency shall maintain a list of all persons who
have registered with the agency for the purpose of receiving notice of rule proceedings. The
agency may inquire as to whether those persons on the list wish to maintain their names on it and
may remove names for which there is a negative reply or no reply within 60 days. The agency
shall, at least 30 days before the date set for the hearing, give notice of its intention to adopt rules
by United States mail to all persons on its list, and by publication in the State Register. The mailed
notice must include either a copy of the proposed rule or an easily readable and understandable
description of its nature and effect and an announcement that a free copy of the proposed rule is
available on request from the agency. In addition, each agency shall make reasonable efforts to
notify persons or classes of persons who may be significantly affected by the rule being proposed
by giving notice of its intention in newsletters, newspapers, or other publications, or through other
means of communication. The notice in the State Register must include the proposed rule or an
amended rule in the form required by the revisor under section 14.07, together with an easily
readable and understandable summary of the overall nature and effect of the proposed rule, a
citation to the most specific statutory authority for the proposed rule, a statement of the place,
date, and time of the public hearing, a statement that persons may register with the agency for the
purpose of receiving notice of rule proceedings and notice that the agency intends to adopt a rule
and other information required by law or rule. When an entire rule is proposed to be repealed, the
agency need only publish that fact, along with an easily readable and understandable summary of
the overall nature of the rules proposed for repeal, and a citation to the rule to be repealed.
(b) The chief administrative law judge may authorize an agency to omit from the notice of
rule hearing the text of any proposed rule, the publication of which would be unduly cumbersome,
expensive, or otherwise inexpedient if:
(1) knowledge of the rule is likely to be important to only a small class of persons;
(2) the notice of rule hearing states that a free copy of the entire rule is available upon
request to the agency; and
(3) the notice of rule hearing states in detail the specific subject matter of the omitted rule,
cites the statutory authority for the proposed rule, and details the proposed rule's purpose and
motivation.
    Subd. 1b. Farming operations. When a public hearing is conducted on a proposed rule that
affects farming operations, at least one public hearing must be conducted in an agricultural
area of the state.
    Subd. 2. Establishment of need and reasonableness of rule. At the public hearing the
agency shall make an affirmative presentation of facts establishing the need for and reasonableness
of the proposed rule and fulfilling any relevant substantive or procedural requirements imposed on
the agency by law or rule. The agency may, in addition to its affirmative presentation, rely upon
facts presented by others on the record during the rule proceeding to support the rule adopted.
    Subd. 2a. Hearing procedure. When a hearing is held on a proposed rule, it shall be
conducted by an administrative law judge assigned by the chief administrative law judge. The
administrative law judge shall ensure that all persons involved in the rule hearing are treated fairly
and impartially. The agency shall submit into the record the jurisdictional documents, including
the statement of need and reasonableness, and any written exhibits in support of the proposed rule.
The agency may also present additional oral evidence. Interested persons may present written and
oral evidence. The administrative law judge shall allow questioning of agency representatives
or witnesses, or of interested persons making oral statements, in order to explain the purpose
or intended operation of a proposed rule, or a suggested modification, or for other purposes if
material to the evaluation or formulation of the proposed rule. The administrative law judge may
limit repetitive or immaterial oral statements and questioning.
    Subd. 3. Hearing transcript. If the agency, the chief administrative law judge, or the
attorney general requests, the administrative law judge shall cause a transcript to be prepared
of the hearing.
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; 1983 c 210 s 4; 1983 c 301 s 64; 1984 c 640 s 8,9,32; 1995 c 233 art 1 s
2; art 2 s 14; 1997 c 98 s 7; 2001 c 106 s 8

Official Publication of the State of Minnesota
Revisor of Statutes