Subdivision 1. Requirements. If an agency for good cause finds that the rulemaking provisions of this chapter are unnecessary, impracticable, or contrary to the public interest when adopting, amending, or repealing a rule to:
(1) address a serious and immediate threat to the public health, safety, or welfare;
(2) comply with a court order or a requirement in federal law in a manner that does not allow for compliance with sections 14.14 to 14.28;
(3) incorporate specific changes set forth in applicable statutes when no interpretation of law is required; or
(4) make changes that do not alter the sense, meaning, or effect of a rule,
the agency may adopt, amend, or repeal the rule after satisfying the requirements of subdivision 2 and section 14.386, paragraph (a), clauses (1) to (4). The agency shall incorporate its findings and a brief statement of its supporting reasons in its order adopting, amending, or repealing the rule.
After considering the agency's statement and any comments received, the Office of Administrative Hearings shall determine whether the agency has provided adequate justification for its use of this section.
Rules adopted, amended, or repealed under clauses (1) and (2) are effective for a period of two years from the date of publication of the rule in the State Register.
Rules adopted, amended, or repealed under clause (3) or (4) are effective upon publication in the State Register.
Subd. 2. Notice. An agency proposing to adopt, amend, or repeal a rule under this section must give electronic notice of its intent in accordance with section 16E.07, subdivision 3, and notice by United States mail or electronic mail to persons who have registered their names with the agency under section 14.14, subdivision 1a. The notice must be given no later than the date the agency submits the proposed rule to the Office of Administrative Hearings for review of its legality and must include:
(1) the proposed rule, amendment, or repeal;
(2) an explanation of why the rule meets the requirements of the good cause exemption under subdivision 1; and
(3) a statement that interested parties have five business days after the date of the notice to submit comments to the Office of Administrative Hearings.
Subd. 3. Review by chief judge. If a rule has been disapproved by an administrative law judge, the agency may ask the chief administrative law judge to review the rule. The agency must give notice of its request for review in accordance with subdivision 2. The notice must be given no later than the date the agency requests review by the chief judge and must include a summary of any information or arguments the agency intends to submit to the chief judge that were not submitted to the judge who disapproved the rule.
Subd. 4. Costs. The costs of any proceeding conducted by the Office of Administrative Hearings in accordance with this section must be paid by the agency seeking to adopt, amend, or repeal a rule under this section.
1995 c 233 art 2 s 29; 2001 c 106 s 20; 2003 c 2 art 1 s 4; 1Sp2003 c 6 s 1
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.