Chapter 14 — Administrative Procedure Act

14.001 Statement of Purpose This section explains why Minnesota has the Administrative Procedure Act. The law exists to make sure state agencies … 14.002 State Regulatory Policy The legislature wants state agencies to make rules that are flexible and focus on getting good results, rather than … 14.01 Citation This section provides the official name for sections 14.001 through 14.69. They are called the 'Administrative Procedure … 14.02 Definitions This section defines the key terms used throughout the Administrative Procedure Act. An 'agency' is a state body with … 14.03 Nonapplicability This section lists the agencies and situations where the Administrative Procedure Act does not apply. The APA does not … 14.04 This section has been repealed and is no longer in effect. It was repealed by Laws 2014, chapter 248, section 19. 14.045 Agencies; Limits on Penalties and Fines State agencies cannot fine someone more than $700 for a single violation through a rule, unless the legislature … 14.05 General Authority Agencies can only create rules when the legislature gives them the authority to do so. If the authorizing law is … 14.055 Rule Variances; Standards Any person or organization can ask a state agency for a variance (exception) from one of the agency's rules. The agency … 14.056 Rule Variances; Procedures This section explains how to ask a state agency for a variance from its rules. Your petition must include your name and … 14.06 Required Rules Every state agency must adopt formal rules that explain its procedures to the public. If someone asks, the agency must … 14.07 Form of Rule The Revisor of Statutes helps agencies write their rules and must approve the form of every rule before it takes effect. … 14.08 Approval of Rule and Rule Form; Costs After an agency adopts a rule, it must submit the rule to the chief administrative law judge, who also gets the … 14.09 Petition for Adoption of Rule Any person can ask a state agency to create, change, or remove a rule by filing a petition. The petition must explain … 14.091 Petition; Unit of Local Government Cities, counties, and sanitary districts can petition to change or remove a state agency rule by passing a formal … 14.10 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.101 Advice on Possible Rules Before an agency formally proposes a new rule, it must publish a notice in the State Register at least 60 days in … 14.11 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.111 Farming Operations When a state agency wants to create or remove a rule that affects farming, it must give the Commissioner of Agriculture … 14.115 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.116 Notice to Legislature Agencies must send their rulemaking records and dockets to the legislature by January 15 each year. When an agency … 14.12 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.125 Time Limit on Authority to Adopt, Amend, or Repeal Rules When the legislature gives an agency authority to make rules, the agency must publish notice of intent to adopt those … 14.126 Committee Authority Over Rule Adoption If both the House and Senate committees that oversee a subject area vote against a proposed agency rule, the agency … 14.127 Legislative Approval Required If a proposed rule would cost more than $25,000 in the first year for any small business (under 50 employees) or small … 14.128 Effective Date for Rules Requiring Local Implementation If a state agency rule would require a local government to change its ordinances or regulations, the rule cannot take … 14.13 This section has been repealed and is no longer in effect. It was repealed by Laws 1984, chapter 640, section 33. 14.131 Statement of Need and Reasonableness Before proposing a rule, an agency must prepare a detailed statement explaining why the rule is needed and reasonable. … 14.1311 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.14 Hearing on Rule When a public hearing is required or chosen for a proposed rule, the agency must notify everyone on its mailing list at … 14.15 Administrative Law Judge's Report After a rule hearing, the administrative law judge writes a report evaluating the proposed rule. There is a five-day … 14.16 Adoption of Rule; Chief Administrative Law Judge; Filing of Rule After the administrative law judge's report finds no problems, the agency can adopt the rule. If the agency modifies the … 14.17 This section has been repealed and is no longer in effect. It was repealed by Laws 1984, chapter 640, section 33. 14.18 Publication of Adopted Rule; Effective Date A rule takes effect five working days after the notice of adoption is published in the State Register. If the adopted … 14.19 Deadline to Complete Rulemaking An agency has 180 days after the administrative law judge's report to finish adopting a rule by publishing its notice of … 14.20 Approval of Form No rule can be filed with the Secretary of State or published in the State Register unless the Revisor of Statutes has … 14.21 This section has been repealed and is no longer in effect. It was repealed by Laws 1984, chapter 640, section 33. 14.22 Notice of Proposed Adoption of Rules When an agency proposes a rule without a public hearing, it must publish notice in the State Register and mail or email … 14.225 Dual Notice Rules The chief administrative law judge must create rules that set the form and content for dual notices. Dual notices … 14.23 Statement of Need and Reasonableness When an agency proposes a rule without a hearing, it must still prepare a statement of need and reasonableness and make … 14.235 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.24 Modifications of Proposed Rule An agency can modify a proposed rule based on public comments and data, as long as the changes do not make it … 14.25 Public Hearing If 25 or more people submit written requests during the 30-day comment period, the agency must hold a public hearing on … 14.26 Adoption of Proposed Rule; Submission to Administrative Law Judge When no hearing is required, the agency submits the proposed rule and supporting materials to an administrative law … 14.27 Publication of Adopted Rule; Effective Date A rule adopted without a public hearing takes effect when the notice of adoption is published in the State Register, … 14.28 Approval of Form No rule can be filed with the Secretary of State or published in the State Register unless the Revisor of Statutes has … 14.29 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.30 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.305 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.31 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.32 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.33 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.34 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.35 This section has been repealed and is no longer in effect. It was repealed by Laws 1995, chapter 233, article 2, section … 14.36 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 14.365 Official Rulemaking Record Each agency must keep an official rulemaking record for every rule it adopts. This record must be available for public … 14.366 Public Rulemaking Docket Each agency must maintain a public rulemaking docket that lists all rules being considered and all pending rulemaking … 14.3691 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 14.37 Effect of Publication Publication of a rule in the State Register creates a legal presumption that it was properly adopted. Publication of a … 14.38 Effect of Adoption of Rules A properly adopted and filed rule has the force of law five working days after its adoption notice is published in the … 14.381 Unadopted Rules If a state agency enforces a policy, guideline, or standard as if it were a rule without formally adopting it, any … 14.385 Effect of Nonpublication of Exempt Rules Rules that are exempt from the normal rulemaking process lost their legal force after January 1, 1985, unless they were … 14.386 Procedure for Adopting Exempt Rules; Duration Exempt rules (those the legislature excluded from normal rulemaking) must still be approved by the Revisor, signed by … 14.387 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 14.388 Good Cause Exemption An agency can skip the normal rulemaking process for good cause, such as addressing a serious public health threat, … 14.389 Expedited Process The expedited process allows agencies to adopt rules more quickly when the legislature specifically authorizes it. The … 14.3895 Process for Repealing Obsolete Rules Agencies can use a streamlined process to repeal rules they identified as obsolete in their annual report. The agency … 14.39 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 14.40 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 14.41 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 14.42 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 14.43 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 14.431 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 14.44 Determination of Validity of Rule Anyone whose legal rights are affected by a rule can ask the Court of Appeals for a declaratory judgment on whether the … 14.45 Rule Declared Invalid A court must declare a rule invalid if it violates the constitution, goes beyond the agency's authority, or was adopted … 14.46 Publication in State Register The Commissioner of Administration publishes the State Register, which contains all rule hearing notices, adopted rules, … 14.47 Publication in Compiled Form The Revisor of Statutes publishes all rules in a compiled form called Minnesota Rules. The Revisor can make minor … 14.48 Office of Administrative Hearings This section creates the Court of Administrative Hearings (formerly the Office of Administrative Hearings). It is led by … 14.49 Temporary Administrative Law Judges The chief administrative law judge may hire temporary administrative law judges when needed to handle the workload. … 14.50 Hearings Before Administrative Law Judge Administrative law judges conduct hearings for agencies and prepare reports with findings of fact, conclusions of law, … 14.51 Procedural Rules The Office of Administrative Hearings adopts its own procedural rules for hearings it conducts. These rules govern how … 14.52 Court Reporters; Audio Recordings A court reporter or audio recording is used to create a record of proceedings before administrative law judges. Parties … 14.525 Interpreters The chief administrative law judge must provide an interpreter when a party or witness in a contested case hearing does … 14.53 Costs Assessed The chief administrative law judge assesses agencies for the actual cost of providing administrative law judges and … 14.54 Administrative Hearings Account The administrative hearings account in the state treasury holds money collected from agencies for hearing services. This … 14.55 Contracts With Political Subdivisions The Office of Administrative Hearings can contract with cities, counties, and other political subdivisions to provide … 14.56 Employees Transferred When the Office of Administrative Hearings was created, employees from other agencies who previously handled hearing … 14.57 Initiation; Decision; Agreement to Arbitrate An agency must start a contested case hearing when required by law. The agency can decide to make the administrative law … 14.58 Notice and Hearing In a contested case, all parties must receive notice and a chance to be heard. The agency must give reasonable notice of … 14.59 Informal Disposition A contested case can be resolved informally through settlement, stipulation, consent order, or other agreement at any … 14.60 Evidence in Contested Case Hearings In a contested case hearing, agencies and parties can present evidence including testimony, documents, and other … 14.61 Final Decision in Contested Case After the hearing, the administrative law judge prepares a report with findings of fact, conclusions of law, and a … 14.62 Decisions, Orders Every agency decision in a contested case must be in writing with findings of fact and legal conclusions. If the agency … 14.63 Application Any person or agency aggrieved by a final decision in a contested case can seek judicial review. The petition for review … 14.64 Petition; Service To seek judicial review of a contested case decision, you must file a petition with the Court of Appeals and serve a … 14.65 Stay of Decision; Stay of Other Appeals Filing a petition for judicial review does not automatically stop the agency's decision from taking effect. However, the … 14.66 Transmittal of Record When judicial review is sought, the agency must transmit the complete record of the contested case to the Court of … 14.67 New Evidence, Hearing by Agency In limited situations, the court can allow new evidence to be presented that was not available during the original … 14.68 Procedure on Review The Court of Appeals reviews contested case decisions based on the record and the arguments of the parties. The court … 14.69 Scope of Judicial Review A court can reverse or modify an agency decision if it violates the constitution, exceeds the agency's authority, was … 14.70 This section has been repealed and is no longer in effect. It was repealed by subsequent legislation. 3.841 Legislative Coordinating Commission This section defines the word 'commission' as used in sections 3.842 and 3.843, which govern legislative oversight of … 3.842 Review of Rules by Commission or Committee This section gives the Legislative Coordinating Commission and designated legislative committees the power to review … 3.843 Public Hearings by State Agencies This section gives the Legislative Coordinating Commission the power to require a state agency to hold a public hearing … 3.844 This section has been repealed and is no longer in effect. 3.845 This section has been repealed and is no longer in effect.