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S.F. No. 603 - Administrative Rulemaking Provisions Modification - As Amended by the A-1 Amendment
Author: Senator Paul J. Utke
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
Date: February 14, 2019


Section 1 [Authority to adopt original rules restricted; 14.05, subdivision 1] modifies the Administrative Procedure Act. Requires that rules be adopted only under specific authority.

Section 2 [List of grants of rulemaking authority; invalidity and unforceability of certain rules; section 14.05, subd. 5a] requires agencies annually to prepare a report that lists all grants of rulemaking authority, with specified information. The report must be posted on the agency’s website and must be provided to the Revisor of Statutes to post the aggregated lists of all agencies.  If a rule is adopted under authority that doesn’t appear on the list or is adopted under authority that is not specific, the rule is invalid and unenforceable. This applies to rules adopted after December 1, 2019.

Section 3 [Option; 14.389, subdivision 5] lowers the number of people from 100 to 25 who need to make a request for a public hearing for rules adopted under the expedited rulemaking process.


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