Purpose of the Bill

The bill aims to modify the procedures and authority related to the creation and implementation of rules by state agencies. It seeks to ensure that any new rules have clear statutory authorization and to restrict the emergency rule-making powers of the governor. Additionally, it proposes changes to how courts interpret agency rules.

Main Provisions

• Statutory Authorization: The bill emphasizes that all agency rules must have explicit statutory authorization. This means that agencies can only enforce rules directly related to laws passed by the legislature.

• Emergency Rule-Making: It rescinds the governor's ability to authorize rule-making in emergency situations. This limits the executive branch's power to enact rules without going through the legislative process.

• Court Deference: The bill prevents courts from deferring to an agency's interpretation of its rules. This means that courts should independently interpret the rules rather than relying on the agency's understanding.

• Amendments to Current Statutes: It proposes amendments to several sections of Minnesota Statutes (2024) that deal with the administrative procedures and the legal framework for rule adoption and enforcement.

Significant Changes to Existing Law

• Removes the governor's statutory authority to make emergency rules, which changes the balance of power between the legislative and executive branches in emergency situations.

• Alters judicial procedure by requiring courts to independently interpret agency rules rather than giving deference to the agencies, shifting the burden of interpretation.

Relevant Terms

administrative procedure, statutory authorization, emergency rule-making, governor's authority, court deference, agency rules, Minnesota Statutes, legislative process.