S.F. No. 30 - Rulemaking Notice Requirements
Author:	Senator Don Betzold
Prepared by:	George M. McCormick, Senate Counsel (651/296-6200)
Date:	January 27, 2003

Senate File No. 30 adds minimal notice requirements to Minnesota Statutes, section 14.388, the "good cause exception" to normal rulemaking requirements. The section allows agencies to adopt, amend, or repeal a rule without going through the usual procedures if the rule change is needed to comply with a court order or federal law, to incorporate statutory changes when no interpretation of law is needed, to make essentially editorial changes that are not substantive, or to address a serious and immediate threat to public health, safety, or welfare. Current law provides for no public notice until a rule has been adopted, amended, or repealed under the good cause exemption.

S.F. No. 30 has one section.

Subdivision 1 makes a cross-reference to a new subdivision 2 and requires the Office of Administrative Hearings (OAH) to act on a proposed rule after considering the agency's statement justifying need for use of the good cause exemption and any other comments received.

Subdivision 2 requires an agency proposing to use the good cause exemption to give electronic notice of its intent on its Web site and to notify persons who have requested notice by regular or electronic mail. The notice must state that interested parties have five business days to submit comments to the OAH.

Subdivision 3 requires similar notice if an administrative law judge disapproves the proposed rule and the agency intends to seek review by the chief administrative law judge.

Subdivision 4 requires the agency to pay the costs of any proceedings under the section authorizing use of the good cause exemption.

GMM:rdr

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