Virtual File - Item

Text: Minnesota Legislation on Rulemaking Authority
Compiled 3/6/2020 by Elaine Settergren, Legislative Reference Library. Some of the links below are "temporary" - only available for about 6 months or so.
Highlights through History
1939:
"1939 legislation had given virtually unlimited substantive rulemaking authority to agencies." - Johnson's A History of Minnesota Administrative Procedure and the Office of Administrative Hearings, 2011.
See Laws of Minnesota 1939, chapter 431, art. 8, sec. 6.
1945:
The Minnesota Legislature began uniform rulemaking processes for state agencies. - Johnson's A History of Minnesota Administrative Procedure and the Office of Administrative Hearings, 2011.
See Laws of Minnesota 1945, chapter 452.
1946:
U.S. APA - see 5 U.S.C. section 551.
1957:
Minnesota legislature addressed uniformity of process for agency administrative hearings (see Laws of Minnesota 1957, chapter 806).
1974:
House and Senate Governmental Operations committees held interim meetings to review MAPA (Minnesota Administrative Procedures Act).
1975:
This was a major change to rulemaking laws. The terms "rule" and "regulation" were now defined - see Laws of Minnesota 1975, chapter 380.

1976:
Legislative Commission to Review Administrative Rules (LCRAR) began work (established in 1974).
1981:
Substantive changes to rulemaking laws - see Laws of Minnesota 1981, chapter 109.
1982:
Recodified sections of chapter 15 to chapter 14. (Laws of Minnesota 1982, chapter 424, sec. 130.
1995:
The LCRAR was eliminated, effective 1996 and rule approval authority transferred from attorney general to the Office of Administrative Hearings. (in Laws of Minnesota 1995, chapter 248, art. 2, sec. 6, subd. 1).
1998:
The LCC was required to review "broad statutory delegations of rulemaking authority to state agencies) - see Laws of Minnesota 1998, chapter 303, sec. 5.
2000:
Rules Reform Task Force established in 2000 Minn. Laws Chap. 469 Sec. 5. (and was active 2000-2001)
2001:
Laws of Minnesota 2001, chapter 179 made some changes related to the recommendations of the Rules Reform Task Force.
Resources consulted:
Nobles, James R., and Thomas J. Triplett. A Staff Report to the House and Senate Governmental Operations Committee on the Minnesota Administrative Procedures Act and Its Current Application. St. Paul, Minn: House Research, 1975. [and supplement] KFM5840 .N62 1975
Triplett, Thomas J. and Nobles, James. "Rule-Making Under Minnesota's Administrative Procedure Act: 1975 Amendments." Hennepin Lawyer, July- August 1975. Vertical File A 5.5
Minnesota Association of Commerce and Industry. "Facts on an Issue: The Expanding Authority of State Agencies." Feb. 1975. Vertical File A 5.5
1974-1976 news clippings. Vertical File A 5.5
Triplett, Thomas J., and Sandra S. Gardebring. Survey of Agency Opinions on the Administrative Procedure Act (APA). St. Paul, Minn: State of Minnesota, Office of the Governor, 1978. KFM5840 .T75 1978
Auerbach, Carl A. "Administrative Rulemaking in Minnesota." Minnesota Law Review 151, 1979. Vertical File A 5.5
Keppel, William J. and Gilbert, Dayton. Minnesota Administrative Practice and Procedure [a selection from this book], 1982. KFM5840 .K46
Explains types of rules and how rules have the "force of law" and some relationships between Minnesota law and federal law on administrative rulemaking.
Frickley, Philip P. "The Constitutionality of Legislative Committee Suspension of Administrative Rules: The Case of Minnesota." Minnesota Law Review, June 1986. Vertical File A 5.5
Hamilton, Neil W. and Prince, J. David. "Legislative Oversight of Administrative Agencies in Minnesota." William Mitchell Law Review, 12(2), 1986. Vertical File A 5.5
Legislative Coordinating Commission: Subcommittee on Generic Rulemaking: Report on broad statutory delegations of rulemaking authority, 1998. KFM5840 .M562 1998
Reforming Rule Making: Building a More Accountable, Open and Less Burdensome Process: Final report. St. Paul, Minn: The Taskforce, 2001. KFM5840 .R44 2001
Maeda, David. "Clarifying Changes: Task Force Recommends Bill that Would Change the Way State Departments Develop Administrative Rules." Session Weekly, March 16, 2001. Vertical File A 5.5
Johnson, Bruce H. A History of Minnesota Administrative Procedure and the Office of Administrative Hearings, 2011. KFM5840 .J64 2011