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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 coordinators are Kevin Arendt and Lossom Allen.

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.

Rule Chapter, Title, and Subject: Proposed Rules Governing the Extended Employment program, Minnesota Rules, chapters 3300.6000 – 3300.6070 and repeal of existing Rules Governing the Extended Employment program, Minnesota Rules, chapters 3300.2005 – 3300.3100.

Reason for Rulemaking: DEED is proposing changes to the state rules that govern the Extended Employment Program. The rule is being revised to prioritize Extended Employment program funding for services to support individuals working in competitive, integrated employment.

The proposed rule modifies the Extended Employment program to reflect principles such as Minnesota’s commitment to person-centered practices, informed choice, and Minnesota’s Employment First policy - especially its focus on competitive, integrated employment. The revision will also align the program with new practices in the broader disability services system driven by changing rules and requirements the federal Home and Community Based Services rule, the federal Workforce Innovation and Opportunity Act, and stepped up enforcement of the Olmstead decision.

The proposed rule caps funding for employment that is not competitive and integrated, and phases out funding for center-based (workshop) employment. Additionally, the proposed rule clarifies that for a job to be truly competitive and integrated, the employer cannot be an individual’s Extended Employment service provider. For further details on the proposed rule, please visit the Extended Employment website.

Rulemaking Status:

Rule Contact: Kim Babine; 651-259-7349

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

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