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Agency Rulemaking Petition - Minnesota

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PETITION FOR RULEMAKING — MINNESOTA

IMPORTANT NOTICE

This template is designed for use under Minnesota's Administrative Procedure Act (APA), codified at Minn. Stat. § 14.001 et seq. Under Minn. Stat. § 14.09, any person may petition an agency requesting the adoption, amendment, or repeal of any rule. The petition must be in the form prescribed by the Chief Administrative Law Judge under Minn. R. 1400.2040.

The agency must provide a specific and detailed written reply within 60 days of receipt, explaining its planned disposition of the request and the reasons therefor.

This document must be reviewed by a licensed Minnesota attorney before filing.

SECTION 1: COVER LETTER

[__/__/____]

[________________________________]
[Commissioner/Executive Director/Agency Head Title]
[________________________________]
[Agency Name]
[________________________________]
[Agency Street Address]
[________________________________]
[City], Minnesota [____]

Via: ☐ Hand Delivery ☐ U.S. Mail ☐ Certified Mail, Return Receipt Requested

Re: Petition for Adoption/Amendment/Repeal of Rule Under Minn. Stat. § 14.09

Dear [________________________________]:

On behalf of [________________________________] ("Petitioner(s)"), I respectfully submit the enclosed Petition for Rulemaking requesting that [________________________________] ("Agency") initiate rulemaking proceedings to:

☐ Adopt a new rule concerning [________________________________]
☐ Amend existing rule Minn. R. [________________________________]
☐ Repeal existing rule Minn. R. [________________________________]

This petition is filed pursuant to Minn. Stat. § 14.09 and Minn. R. 1400.2040, and is addressed to the executive director or head of the Agency as required by statute.

Petitioner(s) respectfully request that the Agency provide a specific and detailed written reply within 60 days, as required by § 14.09, explaining its planned disposition of this request and the reasons therefor.

Respectfully submitted,

[________________________________]
[Printed Name]
[________________________________]
[Attorney License No., if applicable]
[________________________________]
[Firm/Organization Name]
[________________________________]
[Street Address]
[________________________________]
[City], Minnesota [____]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

SECTION 2: FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF MINNESOTA

PETITION FOR ADOPTION / AMENDMENT / REPEAL OF RULE
Filed Pursuant to Minn. Stat. § 14.09 and Minn. R. 1400.2040

Petition No.: [________________________________] (Agency to assign)
Date Filed: [__/__/____]

2.1 Petitioner Information

(Required by Minn. R. 1400.2040)

Field Information
Petitioner Name(s) [________________________________]
Organization/Entity [________________________________]
Mailing Address [________________________________]
City, State, ZIP [________________________________], Minnesota [____]
Telephone [________________________________]
Email [________________________________]
Counsel (if any) [________________________________]
Attorney License No. [________________________________]

2.2 Nature of Petitioner's Interest

Describe the specific nature of the Petitioner's interest in the requested rulemaking:

☐ Individual directly affected by the existing or proposed rule
☐ Business or organization subject to the agency's regulatory jurisdiction
☐ Trade association or professional organization
☐ Labor union or employee organization
☐ Public interest organization
☐ Local government unit
☐ Other interested person (describe): [________________________________]

[________________________________]
[________________________________]
[________________________________]

2.3 Agency Identification

Field Information
Agency Name [________________________________]
Division/Bureau [________________________________]
Commissioner/Director [________________________________]
Minnesota Rules Chapter Minn. R. Ch. [____]

2.4 Specific Action Requested

(Minn. Stat. § 14.09 requires the petition to be "specific as to what action is requested")

Petitioner requests that the Agency:

☐ Adopt a new rule under Minn. R. Ch. [____]
☐ Amend existing rule Minn. R. [________________________________]
☐ Repeal existing rule Minn. R. [________________________________]

Brief description of the specific action requested:

[________________________________]
[________________________________]
[________________________________]

SECTION 3: STATEMENT OF NEED

(Minn. Stat. § 14.09 requires the petition to state "the need for the action")

3.1 Current Problem or Deficiency

Describe the current regulatory gap, problem, or outdated provision:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.2 Persons or Entities Affected

Identify who is adversely affected:

[________________________________]
[________________________________]
[________________________________]

3.3 Scope and Severity

Provide data, statistics, or specific examples:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.4 Inadequacy of Current Rules

Explain why existing rules are insufficient:

[________________________________]
[________________________________]
[________________________________]

3.5 Need for Rulemaking Specifically

Explain why the problem requires rulemaking (as opposed to legislation, guidance, or other action):

[________________________________]
[________________________________]
[________________________________]

3.6 Urgency

Describe any time-sensitive factors:

[________________________________]
[________________________________]

SECTION 4: PROPOSED RULE LANGUAGE

(Minn. R. 1400.2040 requires the petitioner to provide "specific proposed wording for the requested new rule or write a detailed description of the rule that they are requesting")

4.1 Proposed Wording of New or Amended Rule

Rule Reference: Minn. R. [________________________________]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4.2 Alternative: Detailed Description of Requested Rule

(If specific proposed wording is not provided, include a detailed description per Minn. R. 1400.2040)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4.3 Explanation of Proposed Text

Section Purpose and Effect
[________________________________] [________________________________]
[________________________________] [________________________________]
[________________________________] [________________________________]

4.4 Alternative Approaches Considered

[________________________________]
[________________________________]
[________________________________]

SECTION 5: LEGAL AUTHORITY ANALYSIS

5.1 Statutory Authority for Agency Rulemaking

Identify the specific statutory provisions authorizing the Agency to adopt the proposed rule:

Statute Provision Relevance
Minn. Stat. § [________________________________] [________________________________] [________________________________]
Minn. Stat. § [________________________________] [________________________________] [________________________________]
Minn. Stat. § [________________________________] [________________________________] [________________________________]

5.2 Minnesota APA Rulemaking Framework

  • Minn. Stat. § 14.09 — Any person may petition an agency for the adoption, amendment, or repeal of a rule
  • Minn. R. 1400.2040 — OAH rules prescribing the form and content of petitions
  • Minn. Stat. § 14.05 — Authorization to adopt rules; necessity requirement
  • Minn. Stat. § 14.14 — Notice requirements for rulemaking
  • Minn. Stat. § 14.15 — Public hearing procedures
  • Minn. Stat. § 14.22–14.28 — Rulemaking without public hearing procedures
  • Minn. Stat. § 14.131 — Statement of Need and Reasonableness (SONAR)
  • Minn. Stat. § 14.44–14.47 — Judicial review of rules

5.3 Office of Administrative Hearings (OAH) Role

The OAH plays a central role in Minnesota rulemaking:

  • Prescribes the form for rulemaking petitions
  • Assigns an Administrative Law Judge (ALJ) to preside over rulemaking hearings
  • Reviews proposed rules for legality and form
  • Issues reports on proposed rules

5.4 Federal Law Considerations

☐ No federal law considerations apply
☐ The proposed rule is consistent with applicable federal law:

[________________________________]
[________________________________]

5.5 Consistency with Existing Minnesota Rules

[________________________________]
[________________________________]
[________________________________]

SECTION 6: IMPACT ANALYSIS

6.1 Economic Impact

Impact Category Estimated Cost Estimated Benefit
Regulated entities $[________________________________] $[________________________________]
State government $[________________________________] $[________________________________]
Local government $[________________________________] $[________________________________]
Consumers/Public $[________________________________] $[________________________________]
Net Impact $[________________________________] $[________________________________]

6.2 Statement of Need and Reasonableness (SONAR) Considerations

Under Minn. Stat. § 14.131, the agency must prepare a SONAR when proposing rules. Petitioner provides the following information to assist the Agency:

Reasonableness of the proposed rule:
[________________________________]
[________________________________]

Classes of persons who will bear the cost:
[________________________________]
[________________________________]

Probable costs of compliance:
[________________________________]
[________________________________]

Less costly or less intrusive methods considered:
[________________________________]
[________________________________]

Comparison with federal standards and similar states:
[________________________________]
[________________________________]

6.3 Small Business Impact

Describe the impact on Minnesota small businesses (under 50 employees):

[________________________________]
[________________________________]

6.4 Environmental Impact

☐ No environmental impact anticipated
☐ Environmental impact analysis:

[________________________________]
[________________________________]

6.5 Agricultural Impact

☐ No agricultural impact anticipated
☐ Agricultural impact analysis:

[________________________________]
[________________________________]

SECTION 7: PUBLIC INTEREST ARGUMENTS

7.1 Public Health and Safety

[________________________________]
[________________________________]
[________________________________]

7.2 Consumer Protection

[________________________________]
[________________________________]

7.3 Environmental Protection

[________________________________]
[________________________________]

7.4 Economic Development

[________________________________]
[________________________________]

7.5 Equity and Fairness

[________________________________]
[________________________________]

7.6 Government Accountability

[________________________________]
[________________________________]

7.7 Summary of Public Interest Factors

[________________________________]
[________________________________]
[________________________________]

SECTION 8: SUPPORTING EVIDENCE

8.1 Exhibit List

Exhibit Description Pages
Exhibit A [________________________________] [____]
Exhibit B [________________________________] [____]
Exhibit C [________________________________] [____]
Exhibit D [________________________________] [____]
Exhibit E [________________________________] [____]

8.2 Types of Evidence Submitted

☐ Factual data and statistical analyses
☐ Technical studies or scientific reports
☐ Economic impact analyses
☐ Expert declarations or affidavits
☐ Stakeholder support letters
☐ Comparative analysis of other states' rules
☐ Federal regulatory comparisons
☐ Legislative history or committee reports
☐ Agency guidance documents or prior interpretations
☐ Court decisions interpreting relevant statutes
☐ Other: [________________________________]

8.3 Stakeholder Support

Name Organization Nature of Support
[________________________________] [________________________________] [________________________________]
[________________________________] [________________________________] [________________________________]
[________________________________] [________________________________] [________________________________]

SECTION 9: FILING INSTRUCTIONS

9.1 Minnesota-Specific Filing Requirements

Under Minn. Stat. § 14.09 and Minn. R. 1400.2040:

☐ The petition must be filed with the executive director or head of the agency in person or by United States mail
☐ The petition must be specific as to what action is requested and the need for the action
☐ The petition must be in the form prescribed by the chief administrative law judge (see Minn. R. 1400.2040)
☐ Provide specific proposed wording for the requested rule OR a detailed description of the requested rule
☐ Include complete petitioner contact information

9.2 OAH Petition Form

Minn. R. 1400.2040 prescribes the form for rulemaking petitions. Contact the Office of Administrative Hearings for the current form:

Office of Administrative Hearings (OAH)
600 North Robert Street
P.O. Box 64620
St. Paul, Minnesota 55164-0620
Phone: (651) 361-7900
Website: https://mn.gov/oah/

9.3 Filing Checklist

☐ Petition is complete and signed
☐ Petition follows the OAH-prescribed form (Minn. R. 1400.2040)
☐ Petition is specific as to action requested and need
☐ Proposed rule wording or detailed description included
☐ Legal authority citations verified
☐ All exhibits properly labeled and attached
☐ Filed with the executive director or head of the agency
☐ Filed in person or by U.S. mail
☐ Copy retained for Petitioner's records
☐ Calendar reminder set for 60-day agency response deadline

SECTION 10: AGENCY RESPONSE REQUIREMENTS

10.1 Statutory Timeline

Under Minn. Stat. § 14.09, the agency must provide a specific and detailed written reply within 60 days of receipt. The reply must include:

  1. The agency's planned disposition of the request (grant, deny, or modify)
  2. The reasons for its planned disposition
  3. Specific responses to all issues raised in the petition

10.2 Quality of Response Required

The statute requires more than a cursory response. The agency must:

  • Make a specific and detailed reply in writing
  • Address its planned disposition of the request
  • Explain the reasons for its planned disposition
  • Respond specifically to all issues raised in the petition
  • State the action it intends to take

10.3 If the Agency Grants the Petition

If the agency decides to initiate rulemaking, the process follows:

  1. SONAR Preparation — Agency prepares a Statement of Need and Reasonableness (Minn. Stat. § 14.131)
  2. Notice of Intent — Published in the State Register
  3. Public Comment Period — Minimum 30 days
  4. Public Hearing — Conducted before an OAH Administrative Law Judge (if requested or required)
  5. ALJ Report — Administrative Law Judge issues report on the proposed rule
  6. Agency Response — Agency responds to ALJ report
  7. Adoption and Filing — Rule adopted and filed with the Secretary of State

10.4 If the Agency Fails to Respond

If the agency does not respond within 60 days:

  • Send a formal follow-up letter demanding a response
  • File a complaint with the Office of Administrative Hearings
  • Contact the relevant legislative committee for oversight
  • Document the failure for potential judicial review

SECTION 11: APPEAL OF DENIAL

11.1 Judicial Review of Rules and Rulemaking Decisions

Under Minnesota law:

  • Minn. Stat. § 14.44 — Judicial review of rules in Minnesota Court of Appeals
  • Minn. Stat. § 14.45 — Declaratory judgment action regarding validity of a rule
  • Standard of Review: The court may declare a rule void if the agency violated procedural requirements, the rule is unconstitutional, it exceeds the agency's statutory authority, or it is arbitrary and capricious

11.2 Challenging a Denial of Petition

Options for challenging an agency's denial of a rulemaking petition:

☐ Mandamus Action — If the agency failed to respond within 60 days
☐ Declaratory Judgment — Challenge the legal basis for the denial
☐ Legislative Remedy — Seek legislative action mandating rulemaking
☐ Revised Petition — Resubmit addressing the agency's stated reasons for denial

11.3 Alternative Remedies After Denial

☐ Resubmit a revised petition addressing the agency's stated reasons
☐ Request a meeting with the Commissioner or agency head
☐ Contact the relevant legislative committee for oversight
☐ Contact the Governor's Office for executive intervention
☐ Pursue legislation mandating the regulatory change
☐ File an action in Minnesota Court of Appeals
☐ Seek a declaratory judgment in District Court

11.4 Timeline Summary

Action Deadline
Agency written reply due 60 days from receipt of petition
Petition for judicial review (Minn. Stat. § 14.44) Per applicable limitations period
Mandamus action No specific deadline; file promptly
Resubmission of revised petition No statutory limit

SECTION 12: DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Obtained the current OAH petition form (Minn. R. 1400.2040)
☐ Confirmed the agency has statutory authority for the proposed rule
☐ Verified no pending rulemaking addresses the same issue
☐ Checked the Minnesota State Register for related rulemaking activity
☐ Reviewed Minnesota Rules formatting conventions
☐ Consulted with affected stakeholders
☐ Prepared economic impact data
☐ Considered SONAR requirements (Minn. Stat. § 14.131)
☐ Had the petition reviewed by qualified Minnesota counsel

Petition Package Contents

☐ Cover letter
☐ Formal Petition for Rulemaking (in OAH-prescribed form, signed and dated)
☐ Statement of Need
☐ Proposed rule wording or detailed description
☐ Legal authority analysis
☐ Impact analysis
☐ Public interest arguments
☐ Supporting exhibits
☐ Stakeholder support letters (if any)

SECTION 13: PRACTICE TIPS FOR MINNESOTA PRACTITIONERS

Strategic Considerations

  1. OAH Form Requirement: Minnesota is one of few states that require rulemaking petitions to follow a form prescribed by the Chief Administrative Law Judge. Obtain the current form from the OAH before filing.

  2. Specificity Required: The statute requires the petition to be "specific as to what action is requested and the need for the action." Vague or general petitions are more likely to be denied.

  3. Detailed Response Required: Minnesota's statute is uniquely strong in requiring the agency to provide a "specific and detailed reply" that addresses "all issues raised in the petition." This provides significant leverage for petitioners.

  4. SONAR Framework: When drafting the petition, consider the Statement of Need and Reasonableness (SONAR) requirements that the agency would need to satisfy. Providing information aligned with SONAR criteria makes it easier for the agency to initiate rulemaking.

  5. State Register Monitoring: The Minnesota State Register publishes all rulemaking activity. Monitor it for related proposals at https://mn.gov/admin/bookstore/state-register/.

  6. OAH Role: The OAH plays a more significant role in Minnesota rulemaking than in many states. An ALJ will preside over any public hearing and issue a report. Understanding the ALJ's role helps frame effective petitions.

  7. Legislative Committees: Minnesota legislative committees exercise oversight over agency rulemaking. The relevant committee can pressure agencies to act on meritorious petitions.

  8. Gubernatorial Authority: The Governor has the authority to direct agencies to initiate rulemaking. If the agency denies the petition, consider engaging the Governor's Office.

  9. Rulemaking Without Hearing: For noncontroversial rules, Minnesota allows rulemaking without a public hearing under Minn. Stat. § 14.22–14.28. Note in the petition if the proposed rule may qualify for this streamlined process.

Common Grounds for Denial

  • Lack of statutory authority for the proposed rule
  • The proposed rule conflicts with existing law
  • Insufficient evidence of need
  • The agency is already addressing the issue
  • The proposed rule exceeds the agency's rulemaking authority
  • The SONAR requirements cannot be satisfied
  • Resource or budgetary constraints

SECTION 14: VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the facts stated in this petition are true and correct to the best of my knowledge and belief.

Signature: _______________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

SECTION 15: SOURCES AND REFERENCES

Minnesota Statutory Authorities

  • Minn. Stat. § 14.09 — Petition for Adoption of Rule
  • Minn. Stat. § 14.001 — Purpose (Administrative Procedure Act)
  • Minn. Stat. § 14.05 — Authorization to Adopt Rules
  • Minn. Stat. § 14.14 — Notice of Hearing
  • Minn. Stat. § 14.15 — Hearing Procedures
  • Minn. Stat. § 14.22–14.28 — Rulemaking Without Public Hearing
  • Minn. Stat. § 14.131 — Statement of Need and Reasonableness (SONAR)
  • Minn. Stat. § 14.44 — Judicial Review of Rules (Court of Appeals)
  • Minn. Stat. § 14.45 — Declaratory Judgment
  • Minn. Stat. § 14.47 — Judicial Review of Rules (Scope)

Minnesota Administrative Rules

  • Minn. R. 1400.2040 — Petition for Rulemaking (OAH Rules)
  • Minn. R. 1400.2000–1400.2240 — General Rulemaking Provisions

Minnesota Administrative Resources

  • Office of Administrative Hearings (OAH): https://mn.gov/oah/
  • Minnesota State Register: https://mn.gov/admin/bookstore/state-register/
  • Minnesota Revisor of Statutes: https://www.revisor.mn.gov
  • Minnesota Legislature: https://www.leg.mn.gov
  • Mitchell Hamline School of Law — Minnesota Administrative Procedure: https://mitchellhamline.edu/minnesota-administrative-procedure/

Additional Resources

  • Minnesota Attorney General's Office — Advisory opinions on rulemaking authority
  • Minnesota House Research Department — Administrative Rulemaking Publication
  • Minnesota Senate Counsel — Regulatory review guidance

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified Minnesota attorney. Laws and regulations are subject to change; verify all citations before filing.

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About This Template

Administrative law covers how you interact with government agencies, from filing a comment on a proposed rule to appealing a denied license or benefit. Agency processes have their own forms, deadlines, and evidence standards that are different from what courts use. Getting the paperwork wrong usually means missing a deadline or losing the right to appeal, so precision in these documents matters as much as it does in a courtroom filing.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: March 2026