reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.08 — Approval Of Rule And Rule Form; Costs.

14.08 APPROVAL OF RULE AND RULE FORM; COSTS.
(a) One copy of a rule adopted under section 14.26 must be submitted by the agency to the chief administrative law judge. The chief administrative law judge shall request from the revisor certified copies of the rule when it is submitted by the agency under section 14.26. Within five days after the request for certification of the rule is received by the revisor, excluding weekends and holidays, the revisor shall either return the rule with a certificate of approval of the form of the rule to the chief administrative law judge or notify the chief administrative law judge and the agency that the form of the rule will not be approved.
If the chief administrative law judge disapproves a rule, the agency may modify it and the agency shall submit one copy of the modified rule, approved as to form by the revisor, to the chief administrative law judge.
(b) One copy of a rule adopted after a public hearing must be submitted by the agency to the chief administrative law judge. The chief administrative law judge shall request from the revisor certified copies of the rule when it is submitted by the agency. Within five working days after receipt of the request, the revisor shall either return the rule with a certificate of approval to the chief administrative law judge or notify the chief administrative law judge and the agency that the form of the rule will not be approved.
(c) If the revisor refuses to approve the form of the rule, the revisor's notice must revise the rule so it is in the correct form.
(d) After the agency has notified the chief administrative law judge that it has adopted the rule, the chief administrative law judge shall promptly file four paper copies or an electronic copy of the adopted rule in the Office of the Secretary of State. The secretary of state shall forward one copy of each rule filed to the agency, to the revisor of statutes, and to the governor.
(e) The chief administrative law judge shall assess an agency for the actual cost of processing rules under this section. Each agency shall include in its budget money to pay the assessments. Receipts from the assessment must be deposited in the administrative hearings account established in section 14.54.
History:
1980 c 615 s 50; 1981 c 253 s 19; 1982 c 424 s 130; 1983 c 210 s 2; 1984 c 640 s 4; 1Sp1985 c 13 s 81; 1987 c 404 s 70; 1988 c 686 art 5 s 6; 1991 c 345 art 1 s 47; 1995 c 233 art 2 s 9; 2001 c 106 s 3; 2015 c 63 s 2
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.09 — Petition For Adoption Of Rule.

14.09 PETITION FOR ADOPTION OF RULE.
Any person may petition an agency requesting the adoption, amendment, or repeal of any rule. The petition shall be specific as to what action is requested and the need for the action. Upon receiving a petition an agency shall have 60 days in which to make a specific and detailed reply in writing as to its planned disposition of the request and the reasons for its planned disposition of the request. If the agency states its intention to hold a public hearing on the subject of the request, it shall proceed according to sections 14.05 to 14.28. The chief administrative law judge shall prescribe by rule the form for all petitions under this section and may prescribe further procedures for their submission, consideration, and disposition.
History:
1945 c 452 s 3; 1957 c 806 s 5; 1975 c 380 s 6; 1981 c 253 s 21; 1982 c 424 s 130; 1995 c 233 art 2 s 10
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.101 — Advice On Possible Rules.

14.101 ADVICE ON POSSIBLE RULES.
Subdivision 1.
Required notice.
In addition to seeking information by other methods designed to reach persons or classes of persons who might be affected by the proposal, an agency, at least 60 days before publication of a notice of intent to adopt or a notice of hearing, shall solicit comments from the public on the subject matter of a possible rulemaking proposal under active consideration within the agency by causing notice to be published in the State Register. The notice must include a description of the subject matter of the proposal and the types of groups and individuals likely to be affected, and must indicate where, when, and how persons may comment on the proposal and whether and how drafts of any proposal may be obtained from the agency.
This notice must be published within 60 days of the effective date of any new or amendatory law requiring rules to be adopted, amended, or repealed.
Subd. 2.
Advisory committees.
Each agency may also appoint committees to comment, before publication of a notice of intent to adopt or a notice of hearing, on the subject matter of a possible rulemaking under active consideration within the agency.
Subd. 3.
Effect of good faith compliance.
If an agency has made a good faith effort to comply with this section, a rule may not be invalidated on the grounds that the contents of this notice are insufficient or inaccurate.
Subd. 4.
Reduction of time period.
The chief administrative law judge shall reduce the time period before publication from 60 to 30 days for good cause.
History:
1995 c 233 art 2 s 11; 2001 c 106 s 4-6
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.111 — Farming Operations.

14.111 FARMING OPERATIONS.
Before an agency adopts or repeals rules that affect farming operations, the agency must provide a copy of the proposed rule change to the commissioner of agriculture, no later than 30 days prior to publication of the proposed rule in the State Register.
A rule may not be invalidated for failure to comply with this section if an agency has made a good faith effort to comply.
History:
1995 c 233 art 1 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.116 — Notice To Legislature.

14.116 NOTICE TO LEGISLATURE.
(a) By January 15 each year, each agency must submit its rulemaking docket maintained under section 14.366, and the official rulemaking record required under section 14.365 for any rule adopted during the preceding calendar year, to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rule.
(b) When an agency mails notice of intent to adopt rules under section 14.14 or 14.22, the agency must send a copy of the same notice and a copy of the statement of need and reasonableness to the chairs and ranking minority party members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission.
(c) In addition, if the mailing of the notice is within two years of the effective date of the law granting the agency authority to adopt the proposed rules, the agency shall make reasonable efforts to send a copy of the notice and the statement to all sitting legislators who were chief house of representatives and senate authors of the bill granting the rulemaking authority. If the bill was amended to include this rulemaking authority, the agency shall make reasonable efforts to send the notice and the statement to the chief house of representatives and senate authors of the amendment granting rulemaking authority, rather than to the chief authors of the bill.
History:
1998 c 303 s 3; 2001 c 179 s 4; 2012 c 238 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.125 — Time Limit On Authority To Adopt, Amend, Or Repeal Rules.

14.125 TIME LIMIT ON AUTHORITY TO ADOPT, AMEND, OR REPEAL RULES.
An agency shall publish a notice of intent to adopt rules or a notice of hearing within 18 months of the effective date of the law authorizing or requiring rules to be adopted, amended, or repealed. If the notice is not published within the time limit imposed by this section, the authority for the rules expires. The agency shall not use other law in existence at the time of the expiration of rulemaking authority under this section as authority to adopt, amend, or repeal these rules.
An agency that publishes a notice of intent to adopt rules or a notice of hearing within the time limit specified in this section may subsequently amend or repeal the rules without additional legislative authorization.
History:
1995 c 233 art 2 s 12
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.126 — Committee Authority Over Rule Adoption.

14.126 COMMITTEE AUTHORITY OVER RULE ADOPTION.
Subdivision 1.
Delay action.
If the standing committee of the house of representatives and the standing committee of the senate with jurisdiction over the subject matter of a proposed rule both vote to advise an agency that a proposed rule should not be adopted as proposed, the agency may not adopt the rule until the legislature adjourns the annual legislative session that began after the vote of the committees. The speaker of the house and the president of the senate shall determine if a standing committee has jurisdiction over a rule before a committee may act under this section.
Subd. 2.
Vote.
A committee vote under this section must be by a majority of the committee. The vote may occur any time after the publication of the rulemaking notice under section 14.14, subdivision 1a, 14.22, 14.389, subdivision 2, or 14.3895, subdivision 3, and before notice of adoption is published in the State Register under section 14.18, 14.27, 14.389, subdivision 3, or 14.3895, subdivision 3. A committee voting under this section shall notify the agency, the revisor of statutes, and the chief administrative law judge of the vote as soon as possible. The committee shall publish notice of the vote in the State Register as soon as possible.
History:
2001 c 179 s 5
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.128 — Effective Date For Rules Requiring Local Implementation.

14.128 EFFECTIVE DATE FOR RULES REQUIRING LOCAL IMPLEMENTATION.
Subdivision 1.
Determination.
An agency must determine if a local government will be required to adopt or amend an ordinance or other regulation to comply with a proposed agency rule. An agency must make this determination before the close of the hearing record or before the agency submits the record to the administrative law judge if there is no hearing. The administrative law judge must review and approve or disapprove the agency's determination. "Local government" means a town, county, or home rule charter or statutory city.
Subd. 2.
Effective dates.
If the agency determines that the proposed rule requires adoption or amendment of an ordinance or other regulation, or if the administrative law judge disapproves the agency's determination that the rule does not have this effect, the rule may not become effective until:
(1) the next July 1 or January 1 after notice of final adoption is published in the State Register; or
(2) a later date provided by law or specified in the proposed rule.
Subd. 3.
Exceptions.
Subdivision 2 does not apply:
(1) to a rule adopted under section 14.388, 14.389, or 14.3895, or under another law specifying that the rulemaking procedures of this chapter do not apply;
(2) if the agency has been directed by law to adopt the rule or to commence the rulemaking process;
(3) if the administrative law judge approves an agency's determination that the rule has been proposed pursuant to a specific federal statutory or regulatory mandate that requires the rule to take effect before the date specified in subdivision 1; or
(4) if the governor waives application of subdivision 2.
History:
2009 c 152 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.16 — Adoption Of Rule; Chief Administrative Law Judge; Filing Of Rule.

14.16 ADOPTION OF RULE; CHIEF ADMINISTRATIVE LAW JUDGE; FILING OF RULE.
Subdivision 1.
Review of modifications.
If the report of the administrative law judge finds no defects, the agency may proceed to adopt the rule. After receipt of the administrative law judge's report, if the agency makes any modifications to the rule, it must return the rule, approved as to form by the revisor, to the chief administrative law judge for a review of legality, including the issue of whether the rule as modified is substantially different, as determined under section 14.05, subdivision 2, from the rule as originally proposed. If the chief administrative law judge determines that the modified rule is substantially different from the rule that was originally proposed, the chief administrative law judge shall advise the agency of actions that will correct the defects. The agency may not adopt the modified rule until the chief administrative law judge determines that the defects have been corrected or, if applicable, that the agency has satisfied the rule requirements for the adoption of a substantially different rule.
The agency shall give notice to all persons who requested to be informed that the rule has been adopted and filed with the secretary of state. This notice must be given on the same day that the rule is filed.
Subd. 2.
Correction of defects.
If the chief administrative law judge approves the administrative law judge's finding of a defect and advises the agency of actions which will correct the defect pursuant to subdivision 3 of section 14.15, the agency must either withdraw the rule or make the modifications required. The agency shall then resubmit the rule to the chief administrative law judge for a determination as to whether the defects have been corrected.
Subd. 3.
Filing.
After the agency has provided the chief administrative law judge with a signed order adopting the rule, the chief administrative law judge shall promptly file four paper copies or an electronic copy of the adopted rule in the Office of the Secretary of State. The secretary of state shall forward one copy of each rule filed to the agency, to the revisor of statutes, and to the governor.
History:
1975 c 380 s 2; 1977 c 443 s 2; 1980 c 615 s 6,44; 1981 c 253 s 11; 1982 c 424 s 130; 1984 c 640 s 11,32; 1995 c 233 art 2 s 17; 1999 c 129 s 2; 2001 c 106 s 10; 2015 c 63 s 3
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.18 — Publication Of Adopted Rule; Effective Date.

14.18 PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE.
Subdivision 1.
Generally.
A rule is effective after it has been subjected to all requirements described in sections 14.131 to 14.20 and five working days after the notice of adoption is published in the State Register unless a later date is required by section 14.126 or other law or specified in the rule. If the rule adopted is the same as the proposed rule, publication may be made by publishing notice in the State Register that the rule has been adopted as proposed and by citing the prior publication. If the rule adopted differs from the proposed rule, the portions of the adopted rule that differ from the proposed rule must be included in the notice of adoption together with a citation to the prior State Register publication of the remainder of the proposed rule. The nature of the modifications must be clear to a reasonable person when the notice of adoption is considered together with the State Register publication of the proposed rule, except that modifications may also be made that comply with the form requirements of section 14.07, subdivision 7.
If the agency omitted from the notice of proposed rule adoption the text of the proposed rule, as permitted by section 14.14, subdivision 1a, paragraph (b), the chief administrative law judge may provide that the notice of the adopted rule need not include the text of any changes from the proposed rule. However, the notice of adoption must state in detail the substance of the changes made from the proposed rule, and must state that a free copy of the portion of the adopted rule that was the subject of the rulemaking proceeding, not including any material adopted by reference as permitted by section 14.07, is available upon request to the agency.
Subd. 2.
Pollution Control Agency fees.
A new fee or fee increase adopted by the Pollution Control Agency is subject to legislative approval during the next biennial budget session following adoption. The commissioner shall submit a report of fee adjustments to the legislature as a supplement to the biennial budget. Any new fee or fee increase remains in effect unless the legislature passes a bill disapproving the new fee or fee increase. A fee or fee increase disapproved by the legislature becomes null and void on July 1 following adjournment.
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 6,45; 1981 c 253 s 12; 1982 c 424 s 130; 1983 c 210 s 9; 1987 c 384 art 2 s 1; 1991 c 254 art 2 s 1; 1995 c 233 art 2 s 18; 1997 c 98 s 9; 2001 c 179 s 6
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.19 — Deadline To Complete Rulemaking.

14.19 DEADLINE TO COMPLETE RULEMAKING.
Within 180 days after issuance of the administrative law judge's report or that of the chief administrative law judge, the agency shall submit its notice of adoption, amendment, or repeal to the State Register for publication. If the agency has not submitted its notice to the State Register within 180 days, the rule is automatically withdrawn. The agency may not adopt the withdrawn rules without again following the procedures of sections 14.05 to 14.28, with the exception of section 14.101, if the noncompliance is approved by the chief administrative law judge. The agency shall report to the Legislative Coordinating Commission, other appropriate committees of the legislature, and the governor its failure to adopt rules and the reasons for that failure. The 180-day time limit of this section does not include:
(1) any days used for review by the chief administrative law judge or the commission if the review is required by law;
(2) days during which the rule cannot be adopted, because of votes by legislative committees under section 14.126; or
(3) days during which the rule cannot be adopted because approval of the legislature is required under section 14.127.
History:
1980 c 615 s 11; 1981 c 253 s 18; 1982 c 424 s 130; 1983 c 210 s 10; 1984 c 640 s 32; 1995 c 233 art 2 s 19,56; 1997 c 98 s 10; 2001 c 106 s 11; 2001 c 179 s 7; 2005 c 156 art 2 s 10
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.20 — Approval Of Form.

14.20 APPROVAL OF FORM.
No rule shall be filed with the secretary of state or published in the State Register unless the revisor of statutes has certified that the rule's form is approved.
History:
1980 c 615 s 46; 1981 c 253 s 13; 1982 c 424 s 130
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.225 — Dual Notice Rules.

14.225 DUAL NOTICE RULES.
The chief administrative law judge shall adopt rules prescribing the form and content of the notice authorized by section 14.22, subdivision 2. The rules may provide for a consolidated notice that satisfies the requirements of sections 14.14, 14.22, and 14.50, and the requirements of the rules of the Office of Administrative Hearings.
History:
1992 c 494 s 9; 1997 c 98 s 12
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.23 — Statement Of Need And Reasonableness.

14.23 STATEMENT OF NEED AND REASONABLENESS.
By the date of the section 14.22 notice, the agency shall prepare a statement of need and reasonableness, which must be available to the public. The statement of need and reasonableness must include the analysis required in section 14.131. The statement must also describe the agency's efforts to provide additional notification under section 14.22 to persons or classes of persons who may be affected by the proposed rules or must explain why these efforts were not made. For at least 30 days following the notice, the agency shall afford the public an opportunity to request a public hearing and to submit data and views on the proposed rule in writing.
The agency shall send a copy of the statement of need and reasonableness to the Legislative Reference Library when the notice of intent to adopt is mailed.
History:
1980 c 615 s 7; 1981 c 253 s 14; 1982 c 424 s 130; 1984 c 640 s 13; 1990 c 422 s 6; 1995 c 233 art 2 s 21; 1997 c 98 s 13; 1999 c 250 art 3 s 2; 2001 c 106 s 13
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.24 — Modifications Of Proposed Rule.

14.24 MODIFICATIONS OF PROPOSED RULE.
The proposed rule may be modified if the modifications are supported by the data and views submitted to the agency and do not result in a substantially different rule, as determined under section 14.05, subdivision 2, from the rule as originally proposed. An agency may adopt a substantially different rule after satisfying the rule requirements for the adoption of a substantially different rule.
History:
1977 c 443 s 2; 1980 c 615 s 6,44; 1981 c 253 s 5,10,11; 1982 c 424 s 130; 1995 c 233 art 2 s 22
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.25 — Public Hearing.

14.25 PUBLIC HEARING.
Subdivision 1.
Requests for hearing.
If, during the 30-day period allowed for comment, 25 or more persons submit to the agency a written request for a public hearing of the proposed rule, the agency shall proceed under the provisions of sections 14.14 to 14.20. The written request must include: (1) the name and address of the person requesting the public hearing; and (2) the portion or portions of the rule to which the person objects or a statement that the person opposes the entire rule. If not previously published under section 14.22, subdivision 2, a notice of the public hearing must be published in the State Register and mailed to those persons who submitted a written request for the public hearing. Unless the agency has modified the proposed rule, the notice need not include the text of the proposed rule but only a citation to the State Register pages where the text appears.
A written request for a public hearing that does not comply with the requirements of this section is invalid and may not be counted by the agency for purposes of determining whether a public hearing must be held.
Subd. 2.
Withdrawal of hearing requests.
If a request for a public hearing has been withdrawn so as to reduce the number of requests below 25, the agency must give written notice of that fact to all persons who have requested the public hearing. No public hearing may be canceled by an agency within three working days of the hearing. The notice must explain why the request is being withdrawn, and must include a description of any action the agency has taken or will take that affected or may have affected the decision to withdraw the requests. The notice must also invite persons to submit written comments within five working days to the agency relating to the withdrawal. The notice and any written comments received by the agency is part of the rulemaking record submitted to the administrative law judge under section 14.14 or 14.26. The administrative law judge shall review the notice and any comments received and determine whether the withdrawal is consistent with section 14.001, clauses (2), (4), and (5).
This subdivision applies only to a withdrawal of a hearing request that affects whether a public hearing must be held and only if the agency has taken any action to obtain the withdrawal of the hearing request.
History:
1980 c 615 s 7,47; 1981 c 253 s 14; 1982 c 424 s 130; 1984 c 640 s 14; 1990 c 422 s 8; 1995 c 233 art 2 s 23; 2001 c 106 s 14
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.27 — Publication Of Adopted Rule; Effective Date.

14.27 PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE.
The rule is effective upon publication of the notice of adoption in the State Register in the same manner as provided for adopted rules in section 14.18.
History:
1980 c 615 s 6,45; 1981 c 253 s 12,14; 1982 c 424 s 130
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.28 — Approval Of Form.

14.28 APPROVAL OF FORM.
No rule shall be filed with the secretary of state or published in the State Register unless the revisor of statutes has certified that the rule is approved as to form.
History:
1980 c 615 s 46; 1981 c 253 s 14,15; 1982 c 424 s 130
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.365 — Official Rulemaking Record.

14.365 OFFICIAL RULEMAKING RECORD.
The agency shall maintain the official rulemaking record for every rule adopted under sections 14.05 to 14.389. The record must be available for public inspection. The record required by this section constitutes the official and exclusive agency rulemaking record with respect to agency action on or judicial review of the rule. The record must contain:
(1) copies of all publications in the State Register pertaining to the rule;
(2) all written petitions, and all requests, submissions, or comments received by the agency or the administrative law judge after publication of the notice of intent to adopt or the notice of hearing in the State Register pertaining to the rule;
(3) the statement of need and reasonableness for the rule;
(4) the official transcript of the hearing if one was held, or the tape recording of the hearing if a transcript was not prepared;
(5) the report of the administrative law judge, if any;
(6) the rule in the form last submitted to the administrative law judge under sections 14.14 to 14.20 or first submitted to the administrative law judge under sections 14.22 to 14.28;
(7) the administrative law judge's written statement of required modifications and of approval or disapproval by the chief administrative law judge, if any;
(8) any documents required by applicable rules of the Office of Administrative Hearings;
(9) the agency's order adopting the rule;
(10) the revisor's certificate approving the form of the rule; and
(11) a copy of the adopted rule as filed with the secretary of state.
History:
1984 c 640 s 23,32; 1995 c 233 art 2 s 25; 2001 c 106 s 17
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.366 — Public Rulemaking Docket.

14.366 PUBLIC RULEMAKING DOCKET.
(a) Each agency shall maintain a current, public rulemaking docket.
(b) The rulemaking docket must contain a listing of the precise subject matter of each possible proposed rule currently under active consideration within the agency for proposal, the name and address of agency personnel with whom persons may communicate with respect to the matter, and an indication of its present status within the agency.
(c) The rulemaking docket must list each pending rulemaking proceeding. A rulemaking proceeding is pending from the time it is begun, by publication of the notice of solicitation, the notice of intent to adopt, or notice of hearing, to the time it is terminated, by publication of a notice of withdrawal or the rule becoming effective. For each rulemaking proceeding, the docket must indicate:
(1) the subject matter of the proposed rule;
(2) a citation to all published notices relating to the proceeding;
(3) where written comments on the proposed rule may be inspected;
(4) the time during which written comments may be made;
(5) the names of persons who have made written requests for a public hearing, where those requests may be inspected, and where and when the hearing will be held;
(6) the current status of the proposed rule and any agency determinations with respect to the rule;
(7) any known timetable for agency decisions or other action in the proceeding;
(8) the date of the rule's adoption;
(9) the date the rule was filed with the secretary of state; and
(10) when the rule will become effective.
History:
1995 c 233 art 2 s 26
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.37 — Effect Of Publication.

14.37 EFFECT OF PUBLICATION.
Subdivision 1.
State Register publication.
The publication or citation of a rule or order in the State Register in a manner as required by sections 14.001 to 14.69 raises a rebuttable presumption that:
(1) the rule or order was duly adopted, issued, or promulgated;
(2) the rule or order was duly filed with the secretary of state and available for public inspection at the day and hour endorsed thereon; and
(3) the copy of the rule or order published in the State Register is a true copy of the original.
Judicial notice shall be taken of material published in the State Register.
Subd. 2.
Compiled rules.
The text of the rules in the first compilation published by the revisor is prima facie evidence of the text of the rules as against any previous documents. However, the previous documents may be used to construe the text of a rule. Except as provided in section 14.47, subdivision 6, the compilation shall not be construed as repealing any unpublished rule. The rules published in the compilation shall be construed as continuations of prior rules and not as new rules.
Any subsequent compilation or supplement published by the revisor and containing the revisor's certificate is prima facie evidence of the administrative rules in all courts and proceedings. Except as provided in section 14.47, subdivision 6, a compilation or supplement shall not be construed as repealing an unpublished rule. If there is any material inconsistency through omission or otherwise between the first compilation, a subsequent compilation or supplement, the State Register, and a rule filed with the secretary of state, and the omission or change was not due to the provisions of section 14.47, subdivision 6 or the correction of an obvious error or unintentional omission as required by subdivision 3, the rule filed with the secretary shall prevail.
History:
1945 c 590 s 4,5; 1975 c 380 s 10,11; 1977 c 443 s 6; 1980 c 615 s 57; 1981 c 253 s 37-46; 1982 c 424 s 130; 1986 c 444; 1987 c 384 art 2 s 1; 1990 c 422 s 10
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.381 — Unadopted Rules.

14.381 UNADOPTED RULES.
Subdivision 1.
Petition.
(a) A person may petition the Office of Administrative Hearings seeking an order of an administrative law judge determining that an agency is enforcing or attempting to enforce a policy, guideline, bulletin, criterion, manual standard, or similar pronouncement as though it were a duly adopted rule. The petition must be supported by affidavit and must be served upon the agency. The agency shall respond in writing to the petition within ten working days. The administrative law judge may order oral argument on the petition, but only if necessary to a decision.
(b) An agency determination is not considered an unadopted rule when the agency enforces a law or rule by applying the law or rule to specific facts on a case-by-case basis.
Subd. 2.
Order.
The order of the administrative law judge must direct the agency to cease enforcement of the unadopted rule that is the subject of the petition. The order must be served upon the parties and the Legislative Coordinating Commission by first class mail and must be published by the agency in the State Register. The decision of the administrative law judge may be appealed under sections 14.44 and 14.45.
Subd. 3.
Costs.
The agency is liable for all Office of Administrative Hearings costs associated with review of the petition. If the administrative law judge rules in favor of the agency, the agency may recover all or a portion of the costs from the petitioner unless the petitioner is entitled to proceed in forma pauperis under section 563.01 or the administrative law judge determines that the petition was brought in good faith and that an assessment of the costs would constitute an undue hardship for the petitioner. If an agency has reason to believe it will prevail in the consideration of a petition, and that an effort to recover costs from the petitioner will be unsuccessful, it may request the chief administrative law judge to require the petitioner to provide bond or a deposit to the agency in an amount the chief administrative law judge estimates will be the cost to the Office of Administrative Hearings to review the petition.
History:
2001 c 179 s 8
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.385 — Effect Of Nonpublication Of Exempt Rules.

14.385 EFFECT OF NONPUBLICATION OF EXEMPT RULES.
No rule, as defined in section 14.02, subdivision 4, which is exempt from the rulemaking provisions of this chapter has the force and effect of law as of January 1, 1985, unless prior to that date it has been submitted to the revisor for publication in Minnesota Rules.
The revisor has the same editorial powers over these rules as the revisor has over nonexempt rules.
History:
1984 c 640 s 25
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.386 — Procedure For Adopting Exempt Rules; Duration.

14.386 PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.
(a) A rule adopted, amended, or repealed by an agency, under a statute enacted after January 1, 1997, authorizing or requiring rules to be adopted but excluded from the rulemaking provisions of chapter 14 or from the definition of a rule, has the force and effect of law only if:
(1) the revisor of statutes approves the form of the rule by certificate;
(2) the person authorized to adopt the rule on behalf of the agency signs an order adopting the rule;
(3) the Office of Administrative Hearings approves the rule as to its legality within 14 days after the agency submits it for approval and files four paper copies or an electronic copy of the adopted rule with the revisor's certificate in the Office of the Secretary of State; and
(4) a copy is published by the agency in the State Register.
The secretary of state shall forward one copy of the rule to the governor.
A statute enacted after January 1, 1997, authorizing or requiring rules to be adopted but excluded from the rulemaking provisions of chapter 14 or from the definition of a rule does not excuse compliance with this section unless it makes specific reference to this section.
(b) A rule adopted under this section is effective for a period of two years from the date of publication of the rule in the State Register. The authority for the rule expires at the end of this two-year period.
(c) The chief administrative law judge shall adopt rules relating to the rule approval duties imposed by this section and section 14.388, including rules establishing standards for review.
(d) This section does not apply to:
(1) any group or rule listed in section 14.03, subdivisions 1 and 3, except as otherwise provided by law;
(2) game and fish rules of the commissioner of natural resources adopted under section 84.027, subdivision 13, or sections 97A.0451 to 97A.0459;
(3) experimental and special management waters designated by the commissioner of natural resources under sections 97C.001 and 97C.005;
(4) game refuges designated by the commissioner of natural resources under section 97A.085; or
(5) transaction fees established by the commissioner of natural resources for electronic or telephone sales of licenses, stamps, permits, registrations, or transfers under section 84.027, subdivision 15, paragraph (a), clause (3).
(e) If a statute provides that a rule is exempt from chapter 14, and section 14.386 does not apply to the rule, the rule has the force of law unless the context of the statute delegating the rulemaking authority makes clear that the rule does not have force of law.
History:
1995 c 233 art 2 s 27; 1Sp1995 c 3 art 16 s 13; 1996 c 410 s 1; 1997 c 187 art 5 s 4; 1999 c 129 s 4; 1999 c 231 s 19; 2001 c 106 s 19; 2015 c 63 s 6
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.44 — Determination Of Validity Of Rule.

14.44 DETERMINATION OF VALIDITY OF RULE.
The validity of any rule may be determined upon the petition for a declaratory judgment thereon, addressed to the court of appeals, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair the legal rights or privileges of the petitioner. The agency shall be made a party to the proceeding. The declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question, and whether or not the agency has commenced an action against the petitioner to enforce the rule.
History:
1957 c 806 s 6; 1982 c 424 s 130; 1984 c 640 s 26
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.45 — Rule Declared Invalid.

14.45 RULE DECLARED INVALID.
In proceedings under section 14.44, the court shall declare the rule invalid if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was adopted without compliance with statutory rulemaking procedures. Any party to proceedings under section 14.44, including the agency, may appeal an adverse decision of the court of appeals to the supreme court as in other civil cases.
History:
1957 c 806 s 7; 1977 c 443 s 4; 1982 c 424 s 130; 1983 c 247 s 7; 1984 c 640 s 27
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.49 — Temporary Administrative Law Judges.

14.49 TEMPORARY ADMINISTRATIVE LAW JUDGES.
When regularly appointed administrative law judges are not available, the chief administrative law judge may contract with qualified individuals to serve as administrative law judges. Such temporary administrative law judges shall not be employees of the state. Compensation judges must be employees of the state, except in the following instances: (1) when all available regularly appointed compensation judges are disqualified from a specific case under the Code of Judicial Conduct, the chief administrative law judge may contract with a workers' compensation attorney or former workers' compensation judge to serve as a compensation judge for that case; and (2) when regularly appointed workers' compensation judges are not available to hear pending cases on a timely basis, the chief administrative law judge may contract with a retired workers' compensation judge, formerly an employee of the state, to serve as a workers' compensation judge.
History:
1975 c 380 s 16; 1977 c 443 s 9,10; 1980 c 509 s 2; 1980 c 615 s 26-33; 1981 c 346 s 2-6; 1Sp1981 c 4 art 4 s 40; 1982 c 424 s 130; 1984 c 640 s 32; 2011 c 89 s 3; 2015 c 26 s 1
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.50 — Hearings Before Administrative Law Judge.

14.50 HEARINGS BEFORE ADMINISTRATIVE LAW JUDGE.
All hearings of state agencies required to be conducted under this chapter shall be conducted by an administrative law judge assigned by the chief administrative law judge or by a workers' compensation judge assigned by the chief administrative law judge as provided in section 14.48. All hearings required to be conducted under chapter 176 shall be conducted by a compensation judge assigned by the chief administrative law judge. In assigning administrative law judges or compensation judges to conduct hearings under this chapter, the chief administrative law judge shall attempt to utilize personnel having expertise in the subject to be dealt with in the hearing. It shall be the duty of the judge to: (1) advise an agency as to the location at which and time during which a hearing should be held so as to allow for participation by all affected interests; (2) conduct only hearings for which proper notice has been given; (3) see to it that all hearings are conducted in a fair and impartial manner. Except in the case of workers' compensation hearings involving claims for compensation it shall also be the duty of the judge to make a report on each proposed agency action in which the administrative law judge functioned in an official capacity, stating findings of fact and conclusions and recommendations, taking notice of the degree to which the agency has (i) documented its statutory authority to take the proposed action, (ii) fulfilled all relevant procedural requirements of law or rule, and (iii) in rulemaking proceedings, demonstrated the need for and reasonableness of its proposed action with an affirmative presentation of facts.
History:
1975 c 380 s 16; 1977 c 443 s 9,10; 1980 c 509 s 2; 1980 c 615 s 26-33; 1981 c 346 s 2-6; 1Sp1981 c 4 art 4 s 40; 1982 c 424 s 130; 1984 c 640 s 32; 1986 c 444; 2000 c 355 s 2; 2005 c 16 s 2; 2011 c 89 s 4
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.51 — Procedural Rules.

14.51 PROCEDURAL RULES.
The chief administrative law judge shall adopt rules to govern: (1) the procedural conduct of all hearings, relating to both rule adoption, amendment, suspension or repeal hearings, contested case hearings, and workers' compensation hearings, and to govern the conduct of voluntary mediation sessions for rulemaking and contested cases other than those within the jurisdiction of the Bureau of Mediation Services; and (2) the review of rules adopted without a public hearing. The chief administrative law judge may adopt rules to govern the procedural conduct of other hearings conducted by the Office of Administrative Hearings. The procedural rules shall be binding upon all agencies and shall supersede any other agency procedural rules with which they may be in conflict. The procedural rules shall include in addition to normal procedural matters provisions relating to the procedure to be followed when the proposed final rule of an agency is substantially different, as determined under section 14.05, subdivision 2, from that which was proposed. The procedural rules shall establish a procedure whereby the proposed final rule of an agency shall be reviewed by the chief administrative law judge on the issue of whether the proposed final rule of the agency is substantially different than that which was proposed or failure of the agency to meet the requirements of chapter 14. The rules must also provide: (1) an expedited procedure, consistent with section 14.001, clauses (1) to (5), for the adoption of substantially different rules by agencies; and (2) a procedure to allow an agency to receive prior binding approval of its plan regarding the additional notice contemplated under sections 14.101, 14.131, 14.14, 14.22, and 14.23. Upon the chief administrative law judge's own initiative or upon written request of an interested party, the chief administrative law judge may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents as are material to any matter being heard by the Office of Administrative Hearings. The subpoenas shall be enforceable through the district court in the district in which the subpoena is issued.
History:
1975 c 380 s 16; 1977 c 443 s 9,10; 1980 c 509 s 2; 1980 c 615 s 26-33; 1981 c 346 s 2-6; 1Sp1981 c 4 art 4 s 40; 1982 c 424 s 130; 1984 c 640 s 32; 1Sp1985 c 13 s 87; 1986 c 444; 1987 c 384 art 2 s 1; 1995 c 233 art 2 s 31; 2005 c 16 s 3
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.52 — Court Reporters; Audio Recordings.

14.52 COURT REPORTERS; AUDIO RECORDINGS.
The Office of Administrative Hearings may maintain a court reporter system and in addition to or in lieu thereof may contract with nongovernmental sources for court reporter services. The court reporters may additionally be utilized as the chief administrative law judge directs. Unless the chief administrative law judge determines that the use of a court reporter is more appropriate, an audio magnetic recording device shall be used to keep a record at any hearing which takes place under this chapter. In all cases, the chief administrative law judge shall use audio magnetic recording devices to keep the record of hearings except when there are more than two primary parties in a case and the chief administrative law judge determines that the use of a court reporter is more appropriate. If the chief administrative law judge determines that the use of a court reporter is more appropriate, the cost of the court reporter shall be paid by the state. If the chief administrative law judge determines that the use of an audio magnetic recording device is more appropriate in a hearing, any party to that hearing may provide a court reporter at the party's expense. Court reporters provided by a party shall be selected from the chief administrative law judge's list of nongovernmental sources.
The fee charged by a court reporter to a party shall not exceed the fee which would be charged to the state pursuant to the court reporter's contract with the state.
Court reporters serving in the court reporter system of the Office of Administrative Hearings shall be in the classified service. Notwithstanding the provisions of section 15.17, subdivision 4, copies of transcriptions of hearings conducted pursuant to sections 14.48 to 14.56 may be obtained only through the Office of Administrative Hearings.
The departmental and classification seniority of an individual who was employed as a court reporter in state service prior to appointment as a court reporter in the Office of Administrative Hearings pursuant to Laws 1975, chapter 380, section 16, shall carry forward and be credited to the individual's employment with the Office of Administrative Hearings.
History:
1975 c 380 s 16; 1977 c 443 s 9,10; 1980 c 509 s 2; 1980 c 615 s 26-33; 1981 c 346 s 2-6; 1Sp1981 c 4 art 4 s 40; 3Sp1981 c 2 art 1 s 10; 1982 c 424 s 130; 1982 c 568 s 11; 1983 c 210 s 18; 1984 c 640 s 32; 1986 c 444
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.53 — Costs Assessed.

14.53 COSTS ASSESSED.
Except as otherwise specifically provided by statute, the chief administrative law judge, in consultation with the commissioner of management and budget, shall assess agencies the cost of services rendered to them. All agencies shall include in their budgets provisions for such assessments.
History:
1975 c 380 s 16; 1977 c 443 s 9,10; 1980 c 509 s 2; 1980 c 615 s 26-33; 1981 c 346 s 2-6; 1Sp1981 c 4 art 4 s 40; 1982 c 424 s 130; 1984 c 640 s 32; 2005 c 16 s 4; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 14 - 15A — State Agencies › Chapter 14 — Administrative Procedure › Section 14.54 — Administrative Hearings Account.

14.54 ADMINISTRATIVE HEARINGS ACCOUNT.
A state Office of Administrative Hearings account is hereby created in the state treasury. All receipts from services rendered by the state Office of Administrative Hearings shall be deposited in the account, and all funds in the account shall be annually appropriated to the state Office of Administrative Hearings for carrying out the duties specified in sections 14.48 to 14.56.
History:
1975 c 380 s 16; 1977 c 443 s 9,10; 1980 c 509 s 2; 1980 c 615 s 26-33; 1981 c 346 s 2-6; 1Sp1981 c 4 art 4 s 40; 1982 c 424 s 130