Minnesota Administrative Code

1400.2020 ASSIGNMENT AND DISQUALIFICATION OF JUDGE. Subpart 1. Assignment. The chief judge must promptly assign a judge to a rule proceeding after the chief judge receives a request to schedule a rule hearing, or a filing from an agency under parts 1400.2060, 1400.2300, 1400.2400…

1400.2030 COUNTING TIME AND FILING DOCUMENTS. Subpart 1. Counting time. To count a time period, the day of filing, mailing, publication, or other action is not counted and the last day of the time period is counted. Saturdays, Sundays, and legal holidays are included in calendar …

1400.2040 PETITION FOR RULEMAKING. Subpart 1. Content of petition. A petition to an agency requesting rulemaking under Minnesota Statutes, section 14.09, must contain the following information: A. the name and address of the petitioner; B. the specific action (adoption, amendment…

1400.2050 REQUEST FOR COMMENTS ON POSSIBLE RULE. An agency must comply with Minnesota Statutes, section 14.101, before publishing a notice of intent to adopt rules or notice of hearing. Part 1400.2510 is a recommended form for the published request for comments. Statutory Authori…

1400.2060 APPROVAL OF ADDITIONAL NOTICE PLAN. Subpart 1. Optional prior approval. An agency may ask the office for approval of its plan for giving additional notice of its request for comments on possible rulemaking under Minnesota Statutes, section 14.101, or of its plan for giv…

1400.2070 STATEMENT OF NEED AND REASONABLENESS. Subpart 1. General content. The statement of need and reasonableness must summarize the evidence and argument that the agency is relying on to justify both the need for and the reasonableness of the proposed rules, and must state ho…

1400.2080 NOTICE OF PROPOSED RULE. Subpart 1. General content. A notice of intent to adopt rules under Minnesota Statutes, section 14.22, must contain the information in subparts 2 and 3. A notice of hearing under Minnesota Statutes, section 14.14, must contain the information in…

1400.2085 NOTICE OF PROPOSED EXPEDITED RULE. 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 u…

1400.2090 ORDER ADOPTING RULE. An agency order adopting a rule must contain the following: A. if any changes were made to the proposed rule in the adopted rule, a description of the changes, and an explanation of the reasons for the changes and why they do not make the rule subst…

1400.2100 STANDARDS OF REVIEW. A rule must be disapproved by the judge or chief judge if the rule: A. was not adopted in compliance with procedural requirements of this chapter, Minnesota Statutes, chapter 14, or other law or rule, unless the judge decides that the error must be …

1400.2110 PROCEDURE TO ADOPT SUBSTANTIALLY DIFFERENT RULES. Subpart 1. Required procedure. An agency may adopt a substantially different rule if it has complied with the procedures in this part. Subp. 2. Notice. The agency must mail or deliver to each person or group that made a …

1400.2200 APPLICABILITY. Parts 1400.2200 to 1400.2240 apply to rule hearings and review of rules adopted by agencies under Minnesota Statutes, sections 14.131 to 14.20. Statutory Authority: MS s 14.386; 14.388; 14.51 History: 20 SR 2058 Published Electronically: August 6, 2013

1400.2210 CONDUCT OF HEARING. Subpart 1. Registration of participants. All persons who present evidence or ask questions must register with the judge before presenting evidence or asking questions at the hearing. Any person may register whether or not they speak at the hearing. T…

1400.2220 AGENCY PRESENTATION AT HEARING. Subpart 1. Rulemaking documents. The agency must place into the hearing record the following documents: A. the request for comments published in the State Register; B. the petition for rulemaking, if the rule was proposed in response to i…

1400.2230 WRITTEN COMMENTS AFTER HEARING AND CLOSE OF HEARING RECORD. Subpart 1. Written comments. The judge must allow written comments to be submitted into the hearing record by the agency and all interested persons for five working days after the hearing ends, and may extend t…

1400.2240 ADMINISTRATIVE LAW JUDGE'S REPORT. Subpart 1. Report. The judge must prepare a report on the rule within 30 days after the hearing record closes, unless an extension is granted by the chief judge under Minnesota Statutes, section 14.15, subdivision 2. Subp. 2. Standard …

1400.2300 REVIEW OF RULES ADOPTED WITHOUT A PUBLIC HEARING. Subpart 1. Applicability. Parts 1400.2300 and 1400.2310 apply to review of rules adopted by agencies under Minnesota Statutes, sections 14.22 to 14.28. Subp. 2. Filing. The agency must file with the office the documents …

1400.2310 DOCUMENTS TO BE FILED. The agency must file the following documents with the office: A. the request for comments published in the State Register; B. the petition for rulemaking, if the rule was proposed in response to it; C. the proposed rule, including the revisor's ap…

1400.2400 REVIEW OF EXEMPT RULES. Subpart 1. Applicability. This part applies to review of rules adopted by agencies under Minnesota Statutes, sections 14.386 and 14.388. Subp. 2. Filing. The agency must file with the office: A. the rule, including the revisor's approval; and B. …

1400.2410 REVIEW OF EXPEDITED RULES ADOPTED WITHOUT A PUBLIC HEARING. Subpart 1. Applicability. This part applies to review of expedited rules adopted by agencies under Minnesota Statutes, section 14.389, where no public hearing is held. Subp. 2. Filing. The agency must file the …

1400.2450 MEDIATION. Subpart 1. Request. An agency may ask the chief judge to assign a judge to be a neutral party assisting in mediating or negotiating a resolution to disputes relating to proposed rules. The chief judge must assign a judge and notify the agency of the assignmen…

1400.2500 PETITION FOR RULEMAKING. PETITION FOR RULEMAKING TO THE MINNESOTA DEPARTMENT OF ____________ Name:_______________________________________________ Group Represented or Title:_________________________ Address:____________________________________________ __________________…

1400.2510 RECOMMENDED REQUEST FOR COMMENTS ON POSSIBLE RULE. Minnesota Department of ___________________ REQUEST FOR COMMENTS Possible (Amendment to) (Repeal of) Rule Governing ____________, Minnesota Rules ___________ (citation to rule). Subject of Rule. The ______________ (name…

1400.2520 RECOMMENDED NOTICE OF INTENT TO ADOPT A RULE WITHOUT A PUBLIC HEARING. Minnesota Department of ________________________ NOTICE OF INTENT TO ADOPT A RULE WITHOUT A PUBLIC HEARING Proposed (Amendment to) (Repeal of) Rule Governing ________________________, Minnesota Rules…

1400.2530 RECOMMENDED NOTICE OF HEARING. Minnesota Department of _________________________ NOTICE OF HEARING Proposed (Amendment to) (Repeal of) Rule Governing ______________, Minnesota Rules _________________ (citation to rule). Public Hearing. The (department name) intends to a…

1400.2540 RECOMMENDED DUAL NOTICE. Minnesota Department of ____________________ DUAL NOTICE: NOTICE OF INTENT TO ADOPT A RULE WITHOUT A PUBLIC HEARING UNLESS 25 OR MORE PERSONS REQUEST A HEARING, AND NOTICE OF HEARING IF 25 OR MORE REQUESTS FOR HEARING ARE RECEIVED Proposed (Amen…

1400.2550 RECOMMENDED CERTIFICATES. NOTE: This part contains the format of a certificate and language that: certifies the accuracy of the rulemaking mailing list, certifies the mailing of a notice or proposed rule, certifies the mailing of the statement of need and reasonableness…

1400.2560 RECOMMENDED ORDER ADOPTING RULES. Minnesota Department of ____________________ ORDER ADOPTING RULE Adoption of Rule Governing _____________________, Minnesota Rules ___________ WHEREAS: 1. All notice and procedural requirements in Minnesota Statutes, chapter 14, Minneso…

1400.2570 RECOMMENDED NOTICE OF INTENT TO ADOPT EXPEDITED RULE WITHOUT A PUBLIC HEARING. Minnesota Department of ___________________ NOTICE OF INTENT TO ADOPT EXPEDITED RULES WITHOUT A PUBLIC HEARING Proposed (Amendment to) (Repeal of) Rule Governing ____________ (topic), Minneso…

1400.5010 SCOPE. The procedures in parts 1400.5010 to 1400.8400 govern all contested cases conducted by the office under Minnesota Statutes, chapter 14. Statutory Authority: MS s 14.51; 15.474 History: 26 SR 391 Published Electronically: August 6, 2013

1400.5100 DEFINITIONS. Subpart 1. Administrative law judge or judge. "Administrative law judge" or "judge" means the person or persons assigned by the chief administrative law judge pursuant to Minnesota Statutes, section 14.50, to hear the contested case. Subp. 2. Agency. "Agenc…

1400.5275 DOCUMENTS FILED. Forms, documents, or written materials prepared specifically for and used or filed in contested proceedings before the office must be on standard size 8-1/2-inch by 11-inch paper. Statutory Authority: MS s 14.06; 14.131; 14.51; 363.06; 363A.28 History: …

1400.5300 REQUEST FOR ADMINISTRATIVE LAW JUDGE. Before issuing a notice of and order for hearing, an agency must first file with the docket coordinator a request for assignment of an administrative law judge. The request must include a proposed time, date, and place for the heari…

1400.5400 ASSIGNMENT OF ADMINISTRATIVE LAW JUDGE. Within ten days of the receipt of a request pursuant to part 1400.5300, the chief judge shall assign a judge to hear the case and set the time, date, and place for hearing or prehearing conference, taking into account the agency's…

1400.5500 DUTIES OF ADMINISTRATIVE LAW JUDGE. Consistent with law, the judge shall perform the following duties: A. grant or deny a demand for a more definite statement of charges; B. grant or deny requests for discovery including the taking of depositions; C. receive and recomme…

1400.5550 SERVICE AND FILING PROCEDURE. Subpart 1. Certificate of service. A certificate of service must be made by the person making the service. A certificate of service must bear the name of the person certifying that service has been made, but need not be signed or notarized.…

1400.5600 NOTICE AND ORDER FOR HEARING. Subpart 1. Commencing a contested case. A contested case is commenced, subsequent to the assignment of a judge, by the service of a notice of and order for hearing by the agency. Subp. 2. Contents of notice and order. Unless otherwise provi…

1400.5700 NOTICE OF APPEARANCE. Each party intending to appear at a contested case hearing shall file with the judge and serve upon all other known parties a notice of appearance which shall advise the judge of the party's intent to appear and shall indicate the title of the case…

1400.5800 RIGHT TO COUNSEL. Parties may be represented by an attorney throughout the proceedings in a contested case, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law. Persons appearing in contested case proceedings in …

1400.5900 CONSENT ORDER, SETTLEMENT, OR STIPULATION. Informal disposition may be made of any contested case or any issue therein by stipulation, agreed settlement, or consent order at any point in the proceedings. Parties may enter into these agreements on their own or may utiliz…

1400.5950 MEDIATION. Subpart 1. Definition. "Mediation" is a voluntary process where parties to a dispute jointly explore and resolve all or a part of their differences with the assistance of a neutral person. The mediator's role is to assist the parties in resolving the dispute …

1400.6000 DEFAULT. The agency or the judge, where authorized, may dispose of a contested case adverse to a party which defaults. Upon default, the allegations of or the issues set out in the notice of and order for hearing or other pleading may be taken as true or deemed proved w…

1400.6100 TIME. Subpart 1. Computation. In computing any period of time prescribed by parts 1400.5100 to 1400.8400 or the procedural rules of any agency, the day of the last act, event, or default from which the designated period of time begins to run shall not be included. The l…

1400.6200 INTERVENTION IN PROCEEDINGS AS PARTY. Subpart 1. Petition. Any person not named in the notice of hearing who desires to intervene in a contested case as a party shall submit a timely written petition to intervene to the judge and shall serve the petition upon all existi…

1400.6350 CONSOLIDATION OF CASES. Subpart 1. Standards for consolidation. Whenever two or more separate contested cases present substantially the same issues of fact and law, that a holding in one case would affect the rights of parties in another case, that consolidating the cas…

1400.6400 ADMINISTRATIVE LAW JUDGE DISQUALIFICATION. The judge shall withdraw from participation in a contested case at any time if he or she deems himself or herself disqualified for any reason. Upon the filing in good faith by a party of an affidavit of prejudice, the chief jud…

1400.6500 PREHEARING CONFERENCE. Subpart 1. Purpose. The purpose of the prehearing conference is to simplify the issues to be determined, to consider amendment of the agency's order if necessary, to obtain stipulations in regard to foundation for testimony or exhibits, to obtain …