Published monthly in the Minnesota Bench & Bar's Notes & Trends section
Administrative Law | Legislation
by Michael Ahern and the Hon. George Beck
(August 2003) Perhaps taking their cue from the "just in time" inventory control of the manufacturing sector, the 2003 Legislature waited until the special session to pass the bulk of the administrative law modifications.
No major developments, just incremental changes:
RULEMAKING — SONAR ISSUES — Chapter 3 2003 Regular Session. Effective July 1, 2003.
This act modifies the cost analysis that an agency must address in a SONAR, requiring greater specificity in identifying affected classes of parties as well as a new requirement to address "the probable costs" of not adopting the rule.
LOCAL GOVERNMENTAL UNIT RULE PETITION — Chapter 1 2003 Special Session. Effective July 1, 2003.
Article 2, Section 29 deletes the 2006 sunset date from M.S. 14.091 which allows cities and other local governmental units to petition for a rule amendment or repeal.
GOOD CAUSE EXCEPTION — Chapter 6 2003 Special Session. Effective May 31, 2003.
This bill provides a number of public notice and other procedural directions to agencies and the Office of Administrative Hearings for future agency use of the "good cause" exemption from rulemaking. The bill also provides an appeal process to the Chief ALJ from an initial rule disapproval.