1999 Minnesota Statutes

     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 14.14 to 
 14.28, 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 97A.0451 
 to 97A.0459. 

    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 with sections 14.14 to 14.28, 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 84.027, subdivision 13.  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 general, it is withdrawn.  

    HIST: 1995 c 233 art 2 s 40