§ 14.101 — Advice on Possible Rules
Plain-Language Summary
Before an agency formally proposes a new rule, it must publish a notice in the State Register at least 60 days in advance asking for public comments. The notice must describe what the agency is considering and who might be affected. Agencies can also create advisory committees to help develop rules. A rule will not be thrown out just because this notice was imperfect, as long as the agency tried in good faith.
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published within 60 days of the effective date of any new or amendatory law requiring rules to be adopted, amended, or repealed.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
**NOTE: **The Office of Administrative Hearings has been renamed the Court of Administrative Hearings. This terminology change will be implemented in the 2026 Statutes. Laws 2025, chapter 39, article 2, sections 17 and 68.
History: History: 1995 c 233 art 2 s 11; 2001 c 106 s 4-6