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Minn. Stat. § 14.38

EFFECT OF ADOPTION OF RULES.

Known as the Administrative Procedure Act

The act spans §§ 14–14 (73 sections).

Applied in 16 court decisions — leading case Quam v. State (1986)

Most recently applied in In re Decision to Deny the Petitions for a Contested Case Hearing (February 2019)

1957 c 806 s 3; 1963 c 822 s 1; 1974 c 344 s 4 -7; 1975 c 380 s 3 -5; 1977 c 443 s 3; 1980 c 615 s 12,13,51; 1981 c 109 s 1 -3; 1981 c 253 s 20; 1Sp1981 c 4 art 4 s 9; 1982 c 42…

How often courts cite this section

1984199020002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Subdivision 1. Original rules.

Every rule, regardless of whether it might be known as a substantive, procedural, or interpretive rule, which is filed in the Office of the Secretary of State as provided in sections 14.05 to 14.28 shall have the force and effect of law five working days after its notice of adoption is published in the State Register unless a different date is required by statute or a later date is specified in the rule. The secretary of state shall keep a permanent record of rules filed with that office open to public inspection.

Subd. 2. Retroactive application.

Every existing rule, regardless of whether it might be known as a substantive, procedural, or interpretive rule, has the force and effect of law retroactive to the date on which the rule became effective if:

(1) the rule was adopted in compliance with the provisions of the Administrative Procedure Act in effect at the time the rule was adopted;

(2) the rule was approved by the attorney general or Office of Administrative Hearings before becoming effective; and

(3) the adopting agency had statutory authority to adopt the rule.

Subd. 3. Limitation.

Subdivisions 1 and 2 do not apply to any rule specifically held not to have the force and effect of law by the state supreme court before May 8, 1981.

Subd. 4. Amendments; repealers; suspended rules.

Each rule hereafter amended, suspended, or repealed is amended, suspended, or repealed five working days after the appropriate notice is published in the State Register unless a later date is required by law or specified in the rule.

Subd. 5.

[Repealed, 1997 c 187 art 5 s 36 ]

Subd. 6.

[Repealed, 1997 c 187 art 5 s 36 ]

Subd. 7.

[Repealed, 1997 c 187 art 5 s 36 ]

Subd. 8.

[Repealed, 1997 c 187 art 5 s 36 ]

Subd. 9.

[Repealed, 1997 c 187 art 5 s 36 ]

Subd. 10. Previously filed rules; previously exempt agencies.

Rules excluded from the Administrative Procedure Act in Minnesota Statutes 1978, section 15.0411, subdivision 2 , but included in the rulemaking provisions of the act in Minnesota Statutes 1980, section 15.0411, subdivision 2 , have the force and effect of law and shall be published by the revisor of statutes pursuant to section 14.47 , to the extent the rules are still in effect, if the rules were:

(1) adopted by an agency; and,

(2) filed with the secretary of state before April 25, 1980.

Subd. 11. Unfiled rules; previously exempt agencies.

Rules excluded from the Administrative Procedure Act in Minnesota Statutes 1978, section 15.0411, subdivision 2 , but included in the rulemaking provisions of the act in Minnesota Statutes 1980, section 15.0411, subdivision 2 , shall have the force and effect of law and be published by the revisor of statutes pursuant to section 14.47 , to the extent the rules are still in effect, if:

(1) the rules were adopted by an agency;

(2) the rules were not filed with the secretary of state before April 25, 1980; and,

(3) a copy of the rules which were effective on April 25, 1980, but unfiled with the secretary of state are filed with both the secretary of state and the revisor of statutes before September 1, 1981.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.