Subpart
1.
In general.
A move of an existing office must meet the requirements of
part
7404.0300, be within the same
county, and be approved by the commissioner before the move. This part does not
apply to the location of state-operated application or examination
sites.
Subp. 2.
Variance.
An agent may apply to the commissioner for a variance from
the requirements of subpart
1, except that no existing
office is allowed to move to a different county.
A. An agent may apply for a variance by
submitting a written request to the commissioner.
B. The variance request must specify and the
commissioner shall consider the following factors when reviewing the variance
request:
(1) each rule part from which the
variance is requested and why the proposed office location does not meet
requirements of part
7404.0300;
(2) the reasons for the request to move from
the existing office location;
(3)
the distance of the proposed office location from the agent's existing
office;
(4) whether the proposed
office location would serve the same community or neighborhood and is in close
proximity to the original location;
(5) whether the proposed office location is
in another county;
(6) any comments
in opposition or support from other existing agent offices of the proposed
office location;
(7) building
considerations of the proposed office location including:
(a) parking space; and
(b) compliance with part
7404.0400;
(8) destruction or other loss of the existing
office building, including loss of building lease;
(9) the number of previous moves of the
existing office and the reasons for the moves;
(10) whether the proposed move is a result of
or in connection with misfeasance or malfeasance on the part of the agent;
and
(11) other information
requested by the commissioner or supplied by the agent.
Subp. 3.
Commissioner's
decision.
The commissioner shall review the request for a variance and
grant or deny it within 60 days after its receipt or within 60 days after the
date of the commissioner's request for additional information, whichever is
later.
A. The commissioner shall give
the agent written justification for a decision to deny the variance.
B. Failure to submit the required information
under this subpart within 30 days of the commissioner's request for information
is cause to deny an agent's request for a variance.
Subp. 4.
Right to review commissioner's
decision.
An agent may contest the denial of a variance of the
commissioner by requesting a hearing.
A. The agent shall submit, within 15 days of
the receipt of the commissioner's decision, a request for a hearing.
B. The request for a hearing must set forth
in detail the reasons why the agent contends the decision of the commissioner
should be changed.
C. The hearing
must follow the hearing procedures in parts
7406.1100 to
7406.2600.
Notes
Minn. R. agency 171, ch. 7404, OFFICE LOCATION, pt. 7404.0330
23 SR 1454; 32 SR
1283
Statutory Authority: MS s
14.06;
171.06;
171.061;
373.35
