Report to the legislature of court decisions on rules interpretation or validity requirement

A bill for an act

relating to state government; requiring a report to the legislature of court decisions

on rules interpretation or validity; amending Minnesota Statutes 2024, sections

14.44; 14.45; 14.63.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 14.44, is amended to read:

14.44 DETERMINATION OF VALIDITY OF RULE.

new text begin

(a)
new text end
The validity of any rule may be determined upon the petition for a declaratory

judgment thereon, addressed to the court of appeals, when it appears that the rule, or its

threatened application, interferes with or impairs, or threatens to interfere with or impair

the legal rights or privileges of the petitioner. The agency shall be made a party to the

proceeding. The declaratory judgment may be rendered whether or not the petitioner has

first requested the agency to pass upon the validity of the rule in question, and whether or

not the agency has commenced an action against the petitioner to enforce the rule.

new text begin

(b) The commissioner or head of an agency that adopted a rule subject to petition under

this section must report to the chairs and ranking minority members of the legislative

committees with jurisdiction over the agency or the subject matter of the rule within 30

days of the filing of a petition. The report must identify the rule subject to the petition and

include a copy of the petition.

new text end

Sec. 2.

Minnesota Statutes 2024, section 14.45, is amended to read:

14.45 RULE DECLARED INVALID.

new text begin

(a)
new text end
In proceedings under section
14.44
, the court shall declare the rule invalid if it finds

that it violates constitutional provisions or exceeds the statutory authority of the agency or

was adopted without compliance with statutory rulemaking procedures. Any party to

proceedings under section
14.44
, including the agency, may appeal an adverse decision of

the court of appeals to the supreme court as in other civil cases.

new text begin

(b) The commissioner or head of an agency that adopted a rule declared invalid under

this section must report to the chairs and ranking minority members of the legislative

committees with jurisdiction over the agency or the subject matter of the rule. The report

must be made within 30 days of the decision of the court. The report must identify the rule

declared invalid and provide a copy of the court's decision.

new text end

Sec. 3.

Minnesota Statutes 2024, section 14.63, is amended to read:

14.63 APPLICATION.

new text begin

(a)
new text end
Any person aggrieved by a final decision in a contested case is entitled to judicial

review of the decision under the provisions of sections
14.63
to
14.68
, but nothing in sections

14.63
to
14.68
shall be deemed to prevent resort to other means of review, redress, relief,

or trial de novo provided by law. A petition for a writ of certiorari by an aggrieved person

for judicial review under sections
14.63
to
14.68
must be filed with the court of appeals and

served on all parties to the contested case not more than 30 days after the party receives the

final decision and order of the agency. Sections
572B.01
to
572B.31
govern judicial review

of arbitration awards entered under section
14.57
.

new text begin

(b) The commissioner or head of an agency that made a final decision in a contested

case for which a petition for a writ of certiorari is filed under this section must provide a

copy of the writ of certiorari to the chairs and ranking minority members of the legislative

committees with jurisdiction over the agency or the subject of the rule not more than 30

days after the writ is filed with the court. The commissioner or head of the agency that made

a final decision in a contested case for which a petition for a writ of certiorari is filed under

this section must provide the court's decision on the petition for a writ of certiorari within

30 days of the court issuing its decision.

new text end