11-3000-15593-1

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF TRANSPORTATION

 

In the Matter of Proposed Permanent Rules Relating to Special Transportation Service, Minnesota Rules Chapter 8840

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 with the following exceptions:

 

Conclusion No. 3 is amended to read: “Mn/DOT has demonstrated its statutory authority to adopt the proposed rules, and has fulfilled all other substantive requirements of law or rule within the meaning of Minn. Stat. §§ 14.05, subd. 1; 14.15, subd. 3; and 14.50 (i) and (ii), except as noted at Finding 48” rather than Finding 49.

 

Conclusion No. 6 is amended to read: “The Administrative Law Judge has suggested action to correct the defect cited in Conclusion No. 3 as noted at Finding 48” rather than Finding 49. 

 

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

day of

February,

2004.

 

                                                                             

 

RAYMOND R. KRAUSE

Chief Administrative Law Judge