Minn. Stat. § 14.45

Rule Declared Invalid

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In proceedings under section 14.44, the court shall declare the rule invalid if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was adopted without compliance with statutory rulemaking procedures. Any party to proceedings under section 14.44, including the agency, may appeal an adverse decision of the court of appeals to the supreme court as in other civil cases.

Notes of Decisions
Cited in 25 cases, 1984–2016 · leading case: Mammenga v. State Department of Human Services
Mammenga v. State Department of Human Services (1989) minn · cites it 8× “69, list "arbitrary or capricious" as a ground for review because a pre-enforcement challenge does not involve review of an agency decision in a particular case.”
Manufactured Housing Institute v. Pettersen (1984) minn · cites it 8× “” Section 14.45 defines the scope of judicial review, stating that “[i]n proceedings under section 14.”
Save Mille Lacs Sportsfishing, Inc. v. Minnesota Department of Natural Resources (2015) minnctapp · cites it 12× “Minn. Stat. § 14.45 (2014). We do not possess the authority to expand the scope of judicial review at a pre-enforcement proceeding.”
Minnesota Chamber of Commerce v. Minnesota Pollution Control Agency (1991) minnctapp · cites it 6× “Minn.Stat. § 14.45 (1990) defines this court’s scope of review in a pre-en-forcement challenge.”
Contested Cases of St. Otto's Home v. Minnesota Department of Human Services (1989) minn · cites it 2× “See Minn.Stat. § 14.45 *43 (1988); White Bear Lake Care Center v.”
Contested Case of Christian Nursing Center v. Department of Human Services (1988) minnctapp · cites it 8× “Minn.Stat. § 14.45 (1986) provides the following scope of review: In proceedings under section 14.”
Minnesota League of Credit Unions v. Minnesota Department of Commerce (1992) minn · cites it 6× “Petitioner, Minnesota League of Credit Unions, seeks review of the court of appeals’ decision upholding an administrative rule pursuant to Minn.Stat. § 14.45 (1991). The court of appeals held that Minn.”
Jewish Community Action v. Commissioner of Public Safety (2003) minnctapp · cites it 8× “Minn.Stat. § 14.45 (2002). Although petitioners challenge the rules on all three grounds provided in section 14.”
Minnesota League of Credit Unions v. Minnesota Department of Commerce (1991) minnctapp · cites it 6× “Minn.Stat. § 14.45. See Minnesota-Dakotas Retail Hardware Ass’n v.”
Coalition of Greater Minnesota Cities v. Minnesota Pollution Control Agency (2009) minnctapp · cites it 2× “The reviewing court “shall declare the rule invalid if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was adopted without compliance with statutory rule-making procedures.”
Blocher Outdoor Advertising Co. v. Minnesota Department of Transportation (1984) minnctapp · cites it 2× “Minn.Stat. § 14.45 (in a pre-enforcement rule challenge the court shall declare a rule invalid if it violates constitutional provisions, exceeds the statutory authority of the agency, or was adopted without compliance with statutory rulemaking procedures).”
Broen Memorial Home v. Minnesota Department of Human Services (1985) minnctapp · cites it 2× “Minn.Stat. § 14.45 (in a pre-enforcement rule challenge the court shall declare a rule invalid if it violates constitutional provisions, exceeds the statutory authority of the agency, or was adopted without compliance with statutory rule-making procedures).”
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