11-2000-17994-1
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE
DEPARTMENT OF NATURAL RESOURCES
|
In the Matter of the Proposed Permanent Rules Relating to
Drainage Projects Impacting State-Owned Lands in Consolidated Conservation
Areas, |
REPORT OF
THE CHIEF ADMINISTRATIVE
LAW JUDGE |
The
above-entitled matter came on for review by the Chief Administrative Law Judge
pursuant to the provisions of Minn. Stat. § 14.15, subds. 3 and 4. Based upon a review of the record in this
proceeding, the Chief Administrative Law Judge hereby approves the Report of
the Administrative Law Judge in all respects.
In
order to correct the defects enumerated by the Administrative Law Judge, the
agency shall either take the action recommended by the Administrative Law
Judge, follow the procedure for adopting substantially different rules or
reconvene the rule hearing if appropriate.
If the agency chooses to reconvene the rule hearing, it shall do so as
if it is initiating a new rule hearing, complying with all substantive and
procedural requirements imposed on the agency by law or rule. The procedure for adopting substantially
different rules is set out in Minn. Rule 1400.2110.
If
the agency chooses to take the action recommended by the Administrative Law
Judge, it shall submit to the Chief Administrative Law Judge a copy of the
rules as initially published in the State Register, a copy of the rules as
proposed for final adoption in the form required by the State Register for
final publication, and a copy of the agency’s Order Adopting Rules. The Chief Administrative Law Judge will then
make a determination as to whether the defects have been corrected and whether
the modifications in the rules are substantially different.
Should
the agency make changes in the rules other than those recommended by the
Administrative Law Judge, it shall also submit the complete record to the Chief
Administrative Law Judge for a review on the issue of substantial difference.
|
Dated this |
18th |
day of |
September |
2007. |
|
s/Raymond R. Krause |
|
RAYMOND R. KRAUSE |
|
Chief Administrative Law Judge |