2007 Minnesota Statutes

145A.07 DELEGATION OF POWERS AND DUTIES.
    Subdivision 1. Agreements to perform duties of commissioner. (a) The commissioner
of health may enter into an agreement with any board of health to delegate all or part of the
licensing, inspection, reporting, and enforcement duties authorized under sections 144.12;
144.381 to 144.387; 144.411 to 144.417; 144.71 to 144.74; 145A.04, subdivision 6; provisions
of chapter 103I pertaining to construction, repair, and abandonment of water wells; chapter
157; and sections 327.14 to 327.28.
(b) Agreements are subject to subdivision 3.
(c) This subdivision does not affect agreements entered into under Minnesota Statutes 1986,
section 145.031, 145.55, or 145.918, subdivision 2.
    Subd. 2. Agreements to perform duties of board of health. A board of health may
authorize a township board, city council, or county board within its jurisdiction to establish
a board of health under section 145A.03 and delegate to the board of health by agreement any
powers or duties under sections 145A.04, 145A.07, subdivision 2, and 145A.08. An agreement
to delegate powers and duties of a board of health must be approved by the commissioner and
is subject to subdivision 3.
    Subd. 3. Terms of agreements. (a) Agreements authorized under this section must be in
writing and signed by the delegating authority and the designated agent.
(b) The agreement must list criteria the delegating authority will use to determine if
the designated agent's performance meets appropriate standards and is sufficient to replace
performance by the delegating authority.
(c) The agreement may specify minimum staff requirements and qualifications, set
procedures for the assessment of costs, and provide for termination procedures if the delegating
authority finds that the designated agent fails to comply with the agreement.
(d) A designated agent must not perform licensing, inspection, or enforcement duties under
the agreement in territory outside its jurisdiction unless approved by the governing body for
that territory through a separate agreement.
(e) The scope of agreements established under this section is limited to duties and
responsibilities agreed upon by the parties. The agreement may provide for automatic renewal and
for notice of intent to terminate by either party.
(f) During the life of the agreement, the delegating authority shall not perform duties that
the designated agent is required to perform under the agreement, except inspections necessary to
determine compliance with the agreement and this section or as agreed to by the parties.
(g) The delegating authority shall consult with, advise, and assist a designated agent in the
performance of its duties under the agreement.
(h) This section does not alter the responsibility of the delegating authority for the
performance of duties specified in law.
History: 1987 c 309 s 7; 1989 c 209 art 2 s 18; 1990 c 426 art 2 s 1; 1993 c 206 s 12;
1995 c 186 s 43