Administrative Law


ADMINISTRATIVE LAW
Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 107
mthugdahl@mnlsap.org


I. ATTORNEYS FEES IN STATE ACTIONS
Chapter 125 (HF 1529)
Amends Minn. Stat. § 15.471, subd. 5
Effective August 1, 2009

Lifts the cap of $125 per hour on attorneys fees awarded to prevailing parties in non-tort civil actions or contested case proceedings brought by or against the state.


II. RULEMAKING -- ELECTRONIC NOTICE
Chapter 71 (SF 532)
Amends Minn. Stat. §§ 14.07, subd. 6; 14.14, subd. 1a; 14.22, subd. 1; 14.389, subd. 2; and 14.3895, subd. 3
Effective August 1, 2009

A. Agencies

1. Publication of Notices
Allows agencies to send by e-mail notice of: (1) intent to adopt rules with or without a hearing; (2) proposed rules; and (3) a proposed repeal of a rule. Retains the requirement to publish the notices in the State Register.
Amends Minn. Stat. § 14.22, subd. 1 (notice of intent to adopt rules)
Amends Minn. Stat. § 14.389, subd. 2 (notice of proposed rules)
Amends Minn. Stat. § 14.3895, subd. 3 (notice of proposed repeal)

2. Registrant List
Requires agencies to include the name, mailing address, and e-mail address of those on the required list of persons registered to receive notice of rulemaking hearings.
Amends Minn. Stat. § 14.14, subd. 1a

B. Revisor of Statutes
Allows the Revisor's Office to use either United States Mail or e-mail to fulfill its statutory requirement to notify those registered of any hearing to clarify, modernize or simplify the text of an administrative rule.
Amends Minn. Stat. § 14.07, subd. 6