Rulemaking Activity

DEED adopts rules to implement or make-specific a law applicable to DEED, helping DEED formulate policy necessary to administer a legislatively created program. The process includes notifying the public of intent to adopt rules and maintaining a current, public rulemaking docket.

  • DEED's public notices may be accessed through links in the Rulemaking Docket. People interested in receiving notices of DEED rulemaking activities may contact DEED's rule coordinator to be added to DEED's Rule Mailing List.
  • Proposed rules are published in the State Register. Copies of final DEED rules are available from the Minnesota Bookstore (call 800.657.3757).
  • DEED's rule coordinator is Katrina Gulstad (651.259.7269).

DEED RULEMAKING DOCKET

The DEED Rulemaking Docket is a summary of DEED rulemaking activities, including necessary notices and approvals.

Email or phone a "Rule Contact" to learn more about a particular rule; or to obtain a copy of proposed rules, written comments on proposed rules, names of persons who have made written requests for a public hearing, and time and location of public hearings.

New rule activity:

Rule Chapter, Title, and Subject: MN Statute 268A.15; Minnesota Rules: 3300.2005 – 3300.2055; Possible Amendment to Rules Governing Extended Employment Services.

Reason for Rulemaking: The Minnesota Department of Employment and Economic Development requests comments on possible amendments to the Extended Employment Program and Funding Rules. The Department is considering rules amendments and changes that align the services and outcomes of the Extended Employment program to meet the objectives contained in Minnesota’s Olmstead plan. Specifically, the amendments would seek to 1) align services and outcomes with support services that meet federal standards for Vocational Rehabilitation; 2) align services and outcomes with support services that meet federal standards for Medicaid-funded employment services; 3) set standards for eligible employment support services; 4) realign payments made to providers to support desired outcomes; and 5) eliminate archaic language and consider other items that may be relevant to agency policies if time is available.  

Rulemaking Status:

Rule Contact: John Sherman; 651-259-7349

Rule Chapter, Title, and Subject: Chapter 116J.8748, Parts 4301.0100-0800: Minnesota Job Creation Fund Rules.

Reason for Rulemaking: The new Minnesota Job Creation Fund is proposing exempt permanent rules relating to its policies and procedures. Major subject areas include definitions, eligibility, application procedures, application review and notification, business subsidy provisions, certification and disbursement, and reports.  

Rulemaking Status:

Rule Contact: Emily Johnson; 651-259-7450

Rule Chapter, Title, and Subject: Chapter 3325: State Services for the Blind (SSB) Proposed Administrative Rule.

Reason for Rulemaking: SSB amended Chapter 3325 in 2011. Since the promulgation of that rule, several items were discovered that needed to be revised or included. These items are categorized into four key areas:

  1. Conform state rule parts to federal laws and regulations. For example, conforming to the Code of Federal Regulations, title 34, section 361.57(g) by changing the term in one section "appellant" to "party". This allows both the appellant and SSB to seek a review of the impartial hearing officer's decision.  
  2. Clarify terms and processes. For example, more clearly outlining when a certified letter needs to be mailed to an individual. Current rule appears to indicate that a certified letter is only sent to those eligible individuals whose record of services is being closed who have an individualized plan for employment. SSB's intent is to provide a certified letter to all individuals whose record of services is being closed for reasons other than successful closure or death. 
  3. Correct oversights. For example, including the term "fees" in addition to tuition and materials required for training at an institution of higher learning. Fees are a standard charge included with tuition at an institution of higher learning. 
  4. Add policy to the rule. For example, defining the requirements of assistive technology trainers. Other types of trainers, including rehabilitation teachers and orientation and mobility instructors, are currently defined. As SSB frequently contracts with assistive technology trainers, it is important to include those requirements. This policy has been in effect for several years and known by staff and providers but needs to be committed to rule. 

Rulemaking Status:

Rule Contact: Natasha Lemler; 651-539-2344

Rule Chapter, Title, and Subject: Chapter 3310, Chapter 3315: Proposed Permanent Rules Relating to Technical and Terminology Changes to Unemployment Insurance Appeals and Employer Records; Determining Worker Status.

Reason for Rulemaking: The proposed amendments and repeal to the rules are necessary primarily to provide clarity and consistency within the rules and the relevant governing statutes.

The proposed amendments are also necessary to update the rules in light of the Department’s current practices, the Department’s expanded use of the online system for providing notices, scheduling hearings, and providing access to documents, the fact that nearly all appeal hearings are conducted by telephone, and the financial constraints of the Department.

The proposed amendments to the procedures governing appeals are also necessary in order to offer guidance to participants in the appeal process and to ensure that the rules adequately explain the existing procedures. In many places in the current rules, the process is detailed only up to a certain point, which can cause confusion or surprise for participants. The Department aims to completely explain the process and procedure for appeals hearings with these amendments.

The proposed amendments and repeal to the rules related to record-keeping requirements are for the purpose of alleviating the burden on employers. The current rules require that employers keep many more records than the Department actually uses. The changes to the rules would eliminate unnecessary mandates for employers.

Rulemaking Status:

Rule Contact: Katrina Gulstad; 651-259-7241


Older rule activity:

Rule Chapter, Title, and Subject: Chapter 3310, Chapter 3315: Adopted Exempt Permanent Rules Relating to Technical and Terminology Changes to Unemployment Insurance Appeals and Employer Records

Reason for Rulemaking: The amendments update the language of the rules to be consistent with statute and current department practices and reorganize some of the rules for clarity. The amendments are necessary to provide employers and applicants accurate information regarding unemployment insurance appeals and employer record-keeping requirements.

Rulemaking Status:

Rule Contact: Christine Hinrichs; 651-259-7269


Most-recently enacted rule:

Rule Chapter, Title, and Subject: Chapter 3321.0100 to 3321.1400: Possible Rule Amendment to Rules Governing Vending Stands and Business Enterprises-Services for the Blind

Reason for Rulemaking: This Rule has not been updated since 1990 and requires change. The department is interested in removing and updating archaic language; clarifying terms and processes; ensuring consistent use of terminology; modifying rule format; and considering policy changes. Comments on other areas of the current rule are welcome but will only be considered for this rule revision as the agency has time.

Advisory Committee: The department appointed an advisory committee to comment on the possible rules and it has completed its work. The advisory committee consisted of the Operator Management Committee, an elected body representing all current licensed blind vendors operating vending stands and business enterprises in the Business Enterprises Program. The Operator Management Committee is constituted pursuant to Code of Federal Regulations, title 34, section 395.14, to, among other duties, actively participate with the State licensing agency in major administrative decisions and policy and program development decisions affecting the overall administration of the State's vending facility program."

The department has published a Notice of Intent to Adopt Rules Without a Public Hearing in the State Register. The Notice, draft rules, and Statement of Need and Reasonableness (SONAR) can be accessed via the links below.

Rulemaking Status:

Rule Contact: Chuk Hamilton; 651-649-5452