Minnesota Statutes

Minn. Stat. § 97A.0451 (2026)

Authority For Using Emergency Rules Procedure; Expiration Of Authority

✓ current as of May 2026

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Subdivision 1.When to use emergency rulemaking.

When the commissioner is directed by statute, federal law, or court order to adopt, amend, suspend, or repeal a rule in a manner that does not allow for compliance with sections 14.14 to 14.28, or if the commissioner is expressly required or authorized by statute to adopt emergency rules, the commissioner shall adopt emergency rules in accordance with sections 97A.0451 to 97A.0459.

Subd. 2.180-day time limit.

Unless the commissioner is directed by federal law or court order to adopt, amend, suspend, or repeal a rule in a manner that does not allow for compliance with sections 14.14 to 14.28, the commissioner may not adopt an emergency rule later than 180 days after the effective date of the statutory authority, except as provided in section 84.027, subdivision 13. If emergency rules are not adopted within the time allowed, the authority for the rules expires. The time limit of this section does not include any days used for review by the attorney general. If the 180-day period expires while the attorney general is reviewing the rule and the attorney general disapproves the rule, the commissioner may resubmit the rule to the attorney general after taking corrective action. The resubmission must occur within five working days after the commissioner receives written notice of disapproval. If the rule is again disapproved by the attorney general, it is withdrawn.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2015–2023 · leading case: Save Mille Lacs Sportsfishing, Inc. v. Minnesota Dep't of Nat. Resources, 859 N.W.2d 845 (Minn. Ct. App. 2015).

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Save Mille Lacs Sportsfishing, Inc. v. Minnesota Dep't of Nat. Resources, 859 N.W.2d 845 (Minn. Ct. App. 2015). · cites it 4× “See generally Minn. Stat. §§ 97A.0451–.0459 (2014) (establishing procedures for 3 Federal administrative law requires federal agencies to expressly cite relevant legal authority when the agency publishes notice of general rulemaking in the Federal Register.”

Ctr. for Biological Diversity v. Strommen (D. Minnesota 2023). · cites it 4× “1 The Trappers characterize the proposed decree as requiring “‘expedited emergency rulemaking’” under Minn. Stat. § 97A.0451, subdiv. 1. ECF No.”

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