Rules Task Force

The Minnesota rulemaking process contains many requirements and many protections. It has been called one of the most complex rulemaking processes of any state in the country. The Minnesota rulemaking process is also costly for agencies to go through.

There are many rulemaking projects involving important and controversial issues where the Minnesota rulemaking process is exactly what is needed to ensure adequate thought, justification, and public participation.

However, there are also many noncontroversial rules where the Minnesota rulemaking process is too much process for the task at hand. For noncontroversial rules, the Minnesota rulemaking process acts as a disincentive for agencies to adopt rules or amendments in a timely manner.

Consequently, please consider including a Task Force recommendation to allow agencies to use a notice and comment rulemaking process to expedite rulemaking. This process would be used at an agency’s discretion, but with the public’s ability to easily pull the rulemaking back into the regular process. The proposed statutory language was developed by:

C I started with the language from the expedited rulemaking process in Minnesota Statutes, section 14.389.

C I greatly beefed up the notice provisions to:

C require notice designed to reach affected persons; and

C require prior approval by an Administrative Law Judge of the agency’s notice plan.

C Agencies can choose to use this process for any rulemaking. However, as a practical matter, this process will be limited to noncontroversial rules because of the public’s ability to easily pull this back into the regular rulemaking process with the SONAR and regulatory analysis.

Subdivision 1. Application. An agency may use this section to adopt, amend, or repeal rules, unless a law specifically requires another process or unless 100 requests are received under subdivision 4. Rules adopted, amended, or repealed using the process in this section have the force and effect of law. Sections 14.116, 14.19, 14.20, 14.365, and 14.366 apply to rules adopted under this section.

Subd. 2. Notice plan; prior approval. The agency must draft a notice plan under which the agency will make reasonable efforts to notify persons or classes of persons who may be significantly affected by the rule by giving notice of its intention in newsletters, newspapers, or other publications, or through other means of communication. Before publishing the notice in the state register and implementing the notice plan, the agency must obtain prior approval of the notice plan by the chief administrative law judge.

Subd. 3. Notice and comment. The agency must publish notice of the proposed rule in the State Register and must mail the notice to persons who have registered with the agency to receive mailed notices. The mailed notice must include either a copy of the proposed rule or a description of the nature and effect of the proposed rule and a statement that a free copy is available from the agency upon request. The notice must include a statement that, if 100 or more people submit a written request, the agency will have to meet the requirements of sections 14.131 to 14.20 for rules adopted after a hearing or the requirements of sections 14.22 to 14.28 for rules adopted without a hearing, including the preparation of a statement of need and reasonableness and the opportunity for a hearing. The notice in the State Register must include the proposed rule or the amended rule in the form required by the revisor under section 14.07, and a citation to the most specific statutory authority for the rule, including authority for the rule to be adopted under the process in this section. The agency must allow 30 days after publication in the State Register for comment on the rule.

Subd. 4. Requests. If 100 or more people submit a written request, the agency may adopt the rule only after complying with sections 14.131 to 14.20 or the requirements of sections 14.22 to 14.28. The requests must be in the manner specified in section 14.25.

Subd. 5. Adoption. The agency may modify a proposed rule if the modifications do not result in a substantially different rule, as defined in section 14.05, subdivision 2, paragraphs (b) and (c). If the final rule is identical to the rule originally published in the State Register, the agency must publish a notice of adoption in the State Register. If the final rule is different from the rule originally published in the State Register, the agency must publish a copy of the changes in the State Register. The agency must also file a copy of the rule with the governor. The rule is effective upon publication in the State Register.

Subd. 6. Legal review. Before publication of the final rule in the State Register, the agency must submit the rule to the chief administrative law judge in the office of administrative hearings. The chief administrative law judge shall within 14 days approve or disapprove the rule as to its legality and its form to the extent the form relates to legality.

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www@commissions.leg.state.mn.us

Updated: (jhr)