Chapter 1

The Development of Administrative Procedure

Original Authors: Larry Bakken and Thomas Triplett

Revised December 2014 by Mark Shepard

1.1 Introduction

Download a PDF of Section 1.1

Minnesota administrative procedure has developed over many years. Major legislative milestones occurred in 1945, 1957, 1975 and 1995. Over the last twenty-five years, Minnesota’s administrative procedures have changed substantially. Legislative interest in this field remains high, due primarily to constituent concerns about state agency rulemaking. This chapter will recount the more important events of recent years that have helped shape the practice of administrative law in Minnesota.

The principal focus of this chapter is statutory history relating to administrative rulemaking. Passing reference will be made to contested case statutory changes and to rulemaking affecting the Administrative Procedure Act (APA) by the chief administrative law judge. More detailed information on these activities, and on major judicial actions affecting the practice of administrative law, will be found in later chapters of this book.