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1. New sample letter
2. Relevant Minnesota Administrative Law [14.14 Hearing on rule; 14.25 Public hearing; 14.389 Expedited process; 14.366 Public rulemaking docket.]
1. Sample letter (Please legibly print full legal name, address, phone number, and date, and write signature as you normally do.)
Division of Accountability and Compliance
Department of Children, Families, & Learning
1500 Highway 36 West,
Roseville, MN 55113
Fax: (651) 582-8725
Re: Department of Children, Families and Learning
Proposed Expedited Permanent Rules Relating To Variances
I disagree with CFL proposed expedited permanent State Special Education Rules relating to variances for the following reasons:
1. If a school district requests a variance under the proposed new rules, and the CFL commissioner approves it, citizens who oppose the decision of the commissioner have no recourse except to submit written arguments against it to...the CFL commissioner. This is like having a fox guard the chicken coop. This appeal process is also unfair because the commissioner can easily change the rationale for a decision in response to arguments against it.
2.CFL will require no public input and no public process for the
renewal of an approved variance through the school district's
school board, Special Education Advisory Committee or site
based councils. With compulsory education, public input and
oversight is vital.
3. CFL has set no time limits on the provisions which authorize the CFL commissioner to approve requests for rule variances, and does notrequire the commissioner to set time limits on the variances granted. There is also no trigger that a citizen/entity can use to override a rule variance after it has been approved by CFL.
I therefore request a hearing.
State, Zip Code
Signature Date Signed
2. Relevant Minnesota Statutes
14.14 Hearing on rule.
Subdivision 1. Required hearing. When a public hearing is required under section 14.25 or when an agency decides to proceed directly to a public hearing, the agency shall proceed under the provisions of sections 14.14 to 14.20 and hold a public hearing affording all affected interests an opportunity to participate...
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14.25 Public hearing.
Subdivision 1. Requests for hearing. If, during the 30-day period allowed for comment, 25 or more persons submit to the agency a written request for a public hearing of the proposed rule, the agency shall proceed under the provisions of sections 14.14 to 14.20. The written request must include: (1) the name and address of the person requesting the public hearing; and (2) the portion or portions of the rule to which the person objects or a statement that the person opposes the entire rule. If not previously published under section 14.22, subdivision 2, a notice of the public hearing must be published
in the State Register and mailed to those persons who submitted a written request for the public hearing. Unless the agency has modified the proposed rule, the notice need not include the text of the proposed rule but only a citation to the State Register pages where the text appears.
A written request for a public hearing that does not comply with the requirements of this section is invalid and may not be counted by the agency for purposes of determining whether a public hearing must be held....
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14.389 Expedited process.
Subdivision 1. Application. This section applies when a law requiring or authorizing rules to be adopted states that this section must or may be used to adopt the rules. When a law refers to this section, the process in this section is the only process an agency must follow for its rules to have the force and effect of law. Sections 14.19 and 14.366 apply to rules adopted under this section.
[Subd. 2 - 4 omitted]
Subd. 5. Option. A law authorizing or requiring rules to be adopted under this section may refer specifically to this subdivision. If the law contains a specific reference to this subdivision, as opposed to a general reference to this section:
(1) the notice required in subdivision 2 must include a statement that a public hearing will be held if 100 or more people request a hearing. The request must be in the manner specified in section 14.25; and
(2) if 100 or more people submit a written request for a public hearing, the agency may adopt the rule only after complying with all of the requirements of chapter 14 for rules adopted after a public hearing.
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14.366 Public rulemaking docket.
(a) Each agency shall maintain a current, public rulemaking docket.
(b) The rulemaking docket must contain a listing of the precise subject matter of each possible proposed rule currently under active consideration within the agency for proposal, the name and address of agency personnel with whom persons may communicate with respect to the matter, and an indication of its present status within the agency.
(c) The rulemaking docket must list each pending rulemaking proceeding. A rulemaking proceeding is pending from the time it is begun, by publication of the notice of solicitation, the notice of intent to adopt, or notice of hearing, to the time it is terminated, by publication of a notice of withdrawal or the rule becoming effective. For each rulemaking proceeding, the docket must indicate:
(1) the subject matter of the proposed rule;
(2) a citation to all published notices relating to the proceeding;
(3) where written comments on the proposed rule may be inspected;
(4) the time during which written comments may be made;
(5) the names of persons who have made written requests for a public hearing, where those requests may be inspected, and where and when the hearing will be held;
(6) the current status of the proposed rule and any agency determinations with respect to the rule;
(7) any known timetable for agency decisions or other action in the proceeding;
(8) the date of the rule's adoption;
(9) the date the rule was filed with the secretary of state; and
(10) when the rule will become effective.