Subdivision 1. Time of preparation. After allowing a comment period during which written material may be submitted and recorded in the hearing record for five working days after the public hearing ends, or for a longer period not to exceed 20 days if ordered by the administrative law judge, the administrative law judge assigned to the hearing shall write a report as provided for in section 14.50. Before writing the report, the administrative law judge shall allow the agency and interested persons a rebuttal period of five working days after the comment period ends to respond in writing to any new information submitted. During the comment period and five-day rebuttal period, the agency may indicate in writing whether there are amendments suggested by other persons which the agency is willing to adopt. Additional evidence may not be submitted during this five-day rebuttal period. The written responses must be added to the rulemaking record.
Subd. 2. Deadline to complete report; extensions. The report shall be completed within 30 days after the close of the hearing record unless the chief administrative law judge, upon written request of the agency or the administrative law judge, orders an extension. An extension shall not be granted if the chief administrative law judge determines that an extension would prohibit a rule from being adopted or becoming effective until after a date for adoption or effectiveness as required by statute. The report shall be available to all affected persons upon request for at least five working days before the agency takes any further action on the rule.
Subd. 3. Finding of substantial difference. If the report contains a finding that a rule has been modified in a way which makes it substantially different, as determined under section 14.05, subdivision 2, from that which was originally proposed, or that the agency has not met the requirements of sections 14.131 to 14.18, it shall be submitted to the chief administrative law judge for approval. If the chief administrative law judge approves the finding of the administrative law judge, the chief administrative law judge shall advise the agency and the revisor of statutes of actions which will correct the defects. The agency shall not adopt the 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.
Subd. 4. Need or reasonableness not established. If the chief administrative law judge determines that the need for or reasonableness of the rule has not been established pursuant to section 14.14, subdivision 2, and if the agency does not elect to follow the suggested actions of the chief administrative law judge to correct that defect, then the agency shall submit the proposed rule to the Legislative Coordinating Commission and to the house of representatives and senate policy committees with primary jurisdiction over state governmental operations for advice and comment. The agency may not adopt the rule until it has received and considered the advice of the commission and committees. However, the agency is not required to wait for advice for more than 60 days after the commission and committees have received the agency's submission.
Subd. 5. Harmless errors. The administrative law judge shall disregard any error or defect in the proceeding due to the agency's failure to satisfy any procedural requirement imposed by law or rule if the administrative law judge finds:
(1) that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process; or
(2) that the agency has taken corrective action to cure the error or defect so that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process.
1975 c 380 s 2; 1977 c 443 s 2; 1980 c 615 s 6; 1981 c 253 s 10; 1Sp1981 c 4 art 2 s 1; 1982 c 424 s 130; 1983 c 210 s 5-7; 1984 c 640 s 10,32; 1987 c 384 art 2 s 1; 1992 c 494 s 3,4; 1995 c 233 art 2 s 15,16; 1997 c 98 s 8; 2000 c 469 s 2; 2001 c 106 s 9
Structure Minnesota Statutes
Chapters 14 - 15A — State Agencies
Chapter 14 — Administrative Procedure
Section 14.001 — Statement Of Purpose.
Section 14.002 — State Regulatory Policy.
Section 14.03 — Nonapplicability.
Section 14.045 — Agencies; Limits On Penalties And Fines.
Section 14.05 — General Authority.
Section 14.055 — Rule Variances; Standards.
Section 14.056 — Rule Variances; Procedures.
Section 14.06 — Required Rules.
Section 14.08 — Approval Of Rule And Rule Form; Costs.
Section 14.09 — Petition For Adoption Of Rule.
Section 14.091 — Petition; Unit Of Local Government.
Section 14.101 — Advice On Possible Rules.
Section 14.111 — Farming Operations.
Section 14.116 — Notice To Legislature.
Section 14.125 — Time Limit On Authority To Adopt, Amend, Or Repeal Rules.
Section 14.126 — Committee Authority Over Rule Adoption.
Section 14.127 — Legislative Approval Required.
Section 14.128 — Effective Date For Rules Requiring Local Implementation.
Section 14.131 — Statement Of Need And Reasonableness.
Section 14.14 — Hearing On Rule.
Section 14.15 — Administrative Law Judge's Report.
Section 14.16 — Adoption Of Rule; Chief Administrative Law Judge; Filing Of Rule.
Section 14.18 — Publication Of Adopted Rule; Effective Date.
Section 14.19 — Deadline To Complete Rulemaking.
Section 14.20 — Approval Of Form.
Section 14.22 — Notice Of Proposed Adoption Of Rules.
Section 14.225 — Dual Notice Rules.
Section 14.23 — Statement Of Need And Reasonableness.
Section 14.24 — Modifications Of Proposed Rule.
Section 14.25 — Public Hearing.
Section 14.26 — Adoption Of Proposed Rule; Submission To Administrative Law Judge.
Section 14.27 — Publication Of Adopted Rule; Effective Date.
Section 14.28 — Approval Of Form.
Section 14.365 — Official Rulemaking Record.
Section 14.366 — Public Rulemaking Docket.
Section 14.37 — Effect Of Publication.
Section 14.38 — Effect Of Adoption Of Rules.
Section 14.381 — Unadopted Rules.
Section 14.385 — Effect Of Nonpublication Of Exempt Rules.
Section 14.386 — Procedure For Adopting Exempt Rules; Duration.
Section 14.388 — Good Cause Exemption.
Section 14.389 — Expedited Process.
Section 14.3895 — Process For Repealing Obsolete Rules.
Section 14.44 — Determination Of Validity Of Rule.
Section 14.45 — Rule Declared Invalid.
Section 14.46 — Publication In State Register.
Section 14.47 — Publication In Compiled Form.
Section 14.48 — Office Of Administrative Hearings.
Section 14.49 — Temporary Administrative Law Judges.
Section 14.50 — Hearings Before Administrative Law Judge.
Section 14.51 — Procedural Rules.
Section 14.52 — Court Reporters; Audio Recordings.
Section 14.53 — Costs Assessed.
Section 14.54 — Administrative Hearings Account.
Section 14.55 — Contracts With Political Subdivisions.
Section 14.56 — Employees Transferred.
Section 14.57 — Initiation; Decision; Agreement To Arbitrate.
Section 14.58 — Notice And Hearing.
Section 14.59 — Informal Disposition.
Section 14.60 — Evidence In Contested Case Hearings.
Section 14.61 — Final Decision In Contested Case.
Section 14.62 — Decisions, Orders.
Section 14.64 — Petition; Service.
Section 14.65 — Stay Of Decision; Stay Of Other Appeals.
Section 14.66 — Transmittal Of Record.
Section 14.67 — New Evidence, Hearing By Agency.