Chapter 24

Judicial Review of Rules

Original Author: John Simonett

Revised 2014 by Kari Thoe Crone

24.1 Introduction

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The validity of a rule may be challenged in court after the rule has been adopted but before it is enforced against a particular party in a contested case. This chapter deals with “preenforcement rule challenges” made under sections 14.44 and 14.45 of the Minnesota Administrative Procedure Act (APA). The validity of a rule may sometimes also be challenged later when it is sought to be enforced in a contested case. The last section of this chapter briefly discusses such a “collateral” attack on a rule.