Subpart
1.
General content.
A notice of intent to adopt expedited rules under Minnesota
Statutes, section
14.389,
subdivisions 1 to 4, must contain the information in subpart
2. If an agency is accepting
requests for a public hearing under Minnesota Statutes, section
14.389,
subdivision 5, the notice must also contain the information in subpart
3. Part
1400.2570 contains recommended
forms for these notices.
Subp.
2.
Contents of expedited rule notices.
All notices of intent to adopt expedited rules must
state:
A. that the agency intends to
adopt, amend, or repeal rules under the expedited process and identify the
parts of this chapter and Minnesota Statutes, section
14.389;
B. a citation to the statutory authority for
the rule and the statutory authority for the rule to be adopted under the
expedited process;
C. that the
proposed rule is attached to the notice or if the text of the proposed rule is
not attached, a description of the nature and effect of the proposed rule and
how to obtain a free copy from the agency;
D. if applicable, that an entire rule is
being repealed and a citation to the rule;
E. that the public has 30 days to comment in
support of or in opposition to the rule or any part of it, and that comment is
encouraged;
F. how persons must
submit their comments, including whether the agency will accept e-mail
comments;
G. the calendar date that
the comment period ends;
H. that
each comment should identify the part of the rule addressed, any change
proposed, and the reason for the suggested change;
I. if no hearing is held, that the agency
must, after adopting the rule, submit the rule to the office for review for
legality;
J. that persons who wish
to comment on the legality of the rule must do so during the 30-day comment
period;
K. that persons may request
to be notified of the date that the rule is submitted to the office for review
and how to make that request;
L.
that the proposed rule may be modified if the modifications do not make the
rule substantially different as defined under Minnesota Statutes, section
14.05,
subdivision 2, paragraphs (b) and (c);
M. that persons may request to be placed on
the agency's mailing list to receive notice of future rule
proceedings;
N. any other
information required by law or rule to be included in the notice; and
O. the signature of the person authorized to
give notice of intent to adopt rules.
Subp. 3.
Additional notice contents
when agency accepts requests for public hearing.
If an agency publishes notice under Minnesota Statutes,
section
14.389,
subdivision 5, the notice must also state:
A. that if 100 or more persons submit a
written request for hearing during the comment period, a public hearing must be
held on the rules unless a sufficient number later withdraw their requests in
writing;
B. that any person
requesting a hearing must include that person's name and address, must identify
the portion of the rule to which the person objects or a statement that the
person objects to the entire rule, and that a request that does not provide
this information is invalid and will not count when determining whether a
public hearing must be held;
C.
that any person requesting a hearing is encouraged to propose changes to the
rule;
D. how persons must submit
their request for hearing; and
E.
that if a public hearing is held the agency must proceed under Minnesota
Statutes, sections
14.131
to
14.20.
Subp. 4.
Timing.
All notices for expedited rules must be mailed at least 33
days before the end of the comment period, and must be published in the State
Register at least 30 days before the end of the comment period. Depositing a
mailing in the state of Minnesota's central mail system for United States mail
satisfies the mailing requirement of this subpart.
Subp. 5.
Certificates of mailing and
accuracy of mailing list.
The agency must prepare a certificate of mailing the notice
to its rulemaking mailing list and a certificate of the accuracy of its mailing
list.
Subp. 6.
Procedure when public hearing is required.
If a public hearing is required, the rule may be adopted by
the agency only after complying with all of the requirements for rules adopted
after a public hearing, Minnesota Statutes, sections
14.131
to
14.20. This
includes preparing a statement of need and reasonableness and publishing and
mailing a notice of rule hearing under Minnesota Statutes, section
14.14,
subdivision 1a. In addition to the notice requirements in Minnesota Statutes,
section
14.14,
subdivision 1a, the agency must also send the notice of rule hearing to those
persons who requested a public hearing.
