HF3113

Purpose of the Bill

The bill is designed to modify Minnesota's Administrative Procedure Act to ensure that any rule-making by state agencies strictly adheres to statutory authority. It aims to reinforce the procedure for creating rules and limit emergency powers previously granted to the governor.

Main Provisions

• Rule-Making Authorization: The bill emphasizes that any new rules made by state agencies must have explicit statutory authorization. This means agencies need clear legal backing from existing laws to adopt new regulations.
• Emergency Powers: The bill proposes rescinding the governor’s authority to authorize rule-making during emergency situations, thereby limiting executive power in emergencies.
• Court Deference: There is a provision that eliminates judicial deference to agency interpretations of their own rules. Courts would no longer automatically side with agencies on how their rules should be interpreted.

Significant Changes to Existing Law

• The bill amends several sections (such as 14.02, 14.05, and others) of the Minnesota Statutes to incorporate these changes. It particularly changes how rules are defined, requiring a thorough rule-making process even for amendments or repeals.
• It challenges the current practice where courts often defer to agency expertise in rule interpretation, shifting instead toward independent judicial interpretation.

Relevant Terms

• Administrative Procedure Act
• Statutory Authorization
• Emergency Powers
• Rule-Making
• Judicial Deference
• Agency Rule Interpretation