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65-3300-30200-Board of Water and Soil Resources Governing the Erosion Control and Water Management and the Reinvest in MN; Revisor's ID # 4013
December 14, 2012 - IT IS HEREBY ORDERED THAT: The Board has statutory authority to adopt the rules. By failing to amend and republish the Notice of Intent to Adopt Rules to include a later date for submission of comments, the Notice was technically deficient. Such procedural error was, however, corrected by the Board, and did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process. Accordingly, the procedural defect was harmless and does not impact the approval of the rules. By failing to notify all persons and entities who requested a hearing of their right to provide additional comment within five (5) working days in the Notice of Withdrawal, the Board did not comply with Minn. Stat. § 14.25, subd. 2. Such defect can be corrected if the Board, within the 30-day resubmission period, notifies all persons and entities who requested a hearing of their right to provide additional comment relating to the withdrawal within five (5) working days. The rules contain several substantive defects which render the rules adoption NOT in compliance with Minnesota Statutes Chapter 14 and Minnesota Rules Part 1400. Those defects are described in the Memorandum.
Last Modified: 12/14/2012
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