Chapter 21

Exempt and Expedited Rules

21.6 Expedited Rules

Download a PDF of Section 21.6

The process for expedited rules was created by the legislature in 1997.[1] The expedited rule process may only be used when there is specific law requiring or authorizing its use.[2] The process is abbreviated like the process for exempt rules, but there are some differences including the possibility of a hearing if required by law and if a sufficient number of hearing requests are received.

Once the expedited process has been authorized by the legislature, the agency must publish notice of the proposed rule in the State Register and must mail the notice by United States mail or electronic mail to the persons who have registered with the agency to receive mailed notices.[3] Like permanent rules, the mailed notice must include either a copy of the proposed rule or a description of the nature and effect of the proposed rule and a statement that a free copy is available from the agency upon request. The rule is also published in the State Register. The public has 30 days after publication to comment on the rule.[4]

After receiving comments on the proposed rule, the agency may modify the rule if the modifications do not make the rule substantially different from the proposed rule.[5] Similar to exempt rules, an administrative law judge must review the rules for legality and within 14 days approve or disapprove the rule.[6] A rule adopted under the expedited process is effective upon publication in the State Register.[7]

What is unique about the expedited rule process is that the enabling legislation may require that the notice of intent to adopt rules include a statement that a public hearing will be held if 100 or more people request a hearing. If 100 or more people request a hearing, the agency is required to hold a public hearing and comply with the requirements of chapter 14 for rules adopted after a public hearing.[8]

[1] 1997 Minn. Laws ch. 187, art. 5, § 5, at 1327-28.

[2] Minn. Stat. § 14.389, subd. 1 (2014). In recent years, the legislature has authorized several expedited rulemakings. See, e.g., 2014 Minn. Laws ch. 285, § 8, at 6 (removing sunset on Board of Pharmacy’s authority to add additional substances to Schedule I using expedited rule process); 2014 Minn. Laws ch. 309, § 6, subd. 10(b), at 3 (authorizing Campaign Finance and Public Disclosure Board to adopt expedited rules related to audits and investigations); 2014 Minn. Laws ch. 311, § 6, at 5 (authorizing commissioner of health to adopt expedited rules related to medical cannabis if notice published before January 1, 2015); 2013 Minn. Laws ch. 9, § 7, subd. 8, at 11-12 (authorizing Minnesota Insurance Marketplace board of directors to adopt expedited rules related to the Marketplace); 2013 Minn. Laws ch. 85, art. 3, § 8, subd. 7, at 54 (authorizing commissioner of employment and economic development to adopt expedited rules related to the Minnesota Job Creation Fund); 2013 Minn. Laws ch. 116, art. 5, § 29, at 126 (authorizing commissioner of education to adopt expedited rules related to special education).

[3] Minn. Stat. § 14.389, subd. 2 (2014). Rules setting out the contents and form of the notice of intent to adopt an expedited rule were adopted in 2001. Minn. R. 1400.2085, .2570 (2013); 26 Minn. Reg. 391-92 (Sept. 17, 2001).

[4] Minn. stat. § 14.389, subd. 2 (2014).

[5] Id. § 14.389, subd. 3.

[6] Minn. Stat. § 14.389, subd. 4 (2014). A rule governing the review of expedited rules adopted without a public hearing was adopted in 2001. Minn. R. 1400.2410 (2013); 26 Minn. Reg. 391 (Sept. 17, 2001); 25 Minn. Reg. 1751-52 (May 7, 2001).

[7] Minn. Stat. § 14.389, subd. 3 (2014).

[8] Id., subd. 5.