Subdivision 1. Original rules. Every rule, regardless of whether it might be known as a substantive, procedural, or interpretive rule, which is filed in the Office of the Secretary of State as provided in sections 14.05 to 14.28 shall have the force and effect of law five working days after its notice of adoption is published in the State Register unless a different date is required by statute or a later date is specified in the rule. The secretary of state shall keep a permanent record of rules filed with that office open to public inspection.
Subd. 2. Retroactive application. Every existing rule, regardless of whether it might be known as a substantive, procedural, or interpretive rule, has the force and effect of law retroactive to the date on which the rule became effective if:
(1) the rule was adopted in compliance with the provisions of the Administrative Procedure Act in effect at the time the rule was adopted;
(2) the rule was approved by the attorney general or Office of Administrative Hearings before becoming effective; and
(3) the adopting agency had statutory authority to adopt the rule.
Subd. 3. Limitation. Subdivisions 1 and 2 do not apply to any rule specifically held not to have the force and effect of law by the state supreme court before May 8, 1981.
Subd. 4. Amendments; repealers; suspended rules. Each rule hereafter amended, suspended, or repealed is amended, suspended, or repealed five working days after the appropriate notice is published in the State Register unless a later date is required by law or specified in the rule.
Subd. 5. [Repealed, 1997 c 187 art 5 s 36]
Subd. 6. [Repealed, 1997 c 187 art 5 s 36]
Subd. 7. [Repealed, 1997 c 187 art 5 s 36]
Subd. 8. [Repealed, 1997 c 187 art 5 s 36]
Subd. 9. [Repealed, 1997 c 187 art 5 s 36]
Subd. 10. Previously filed rules; previously exempt agencies. Rules excluded from the Administrative Procedure Act in Minnesota Statutes 1978, section 15.0411, subdivision 2, but included in the rulemaking provisions of the act in Minnesota Statutes 1980, section 15.0411, subdivision 2, have the force and effect of law and shall be published by the revisor of statutes pursuant to section 14.47, to the extent the rules are still in effect, if the rules were:
(1) adopted by an agency; and,
(2) filed with the secretary of state before April 25, 1980.
Subd. 11. Unfiled rules; previously exempt agencies. Rules excluded from the Administrative Procedure Act in Minnesota Statutes 1978, section 15.0411, subdivision 2, but included in the rulemaking provisions of the act in Minnesota Statutes 1980, section 15.0411, subdivision 2, shall have the force and effect of law and be published by the revisor of statutes pursuant to section 14.47, to the extent the rules are still in effect, if:
(1) the rules were adopted by an agency;
(2) the rules were not filed with the secretary of state before April 25, 1980; and,
(3) a copy of the rules which were effective on April 25, 1980, but unfiled with the secretary of state are filed with both the secretary of state and the revisor of statutes before September 1, 1981.
1957 c 806 s 3; 1963 c 822 s 1; 1974 c 344 s 4-7; 1975 c 380 s 3-5; 1977 c 443 s 3; 1980 c 615 s 12,13,51; 1981 c 109 s 1-3; 1981 c 253 s 20; 1Sp1981 c 4 art 4 s 9; 1982 c 424 s 130; 1983 c 138 s 1; 1984 c 640 s 24; 1986 c 386 art 4 s 3; 1987 c 384 art 2 s 1; 1990 c 422 s 10; 1991 c 259 s 6; 1995 c 233 art 2 s 56; 2001 c 106 s 18
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.