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Agency Rulemaking

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Agency Rulemaking

The Office of State Procurement is currently engaged in agency rulemaking. The following notice will appear in the State Register Monday, December 12, 2016.

NOTICE OF INTENT TO ADOPT EXPEDITED RULES WITHOUT A PUBLIC HEARING.

Proposed Amendment to and Repeal of Rules Governing the Certification Process for Socially and Economically Disadvantaged, Economically Disadvantaged Area, and Veteran-owned Small Businesses, Minnesota Rules, part 1230.0150 to 1230.1910; Revisor's ID Number RD4385

Introduction. The Department of Administration intends to adopt rules under the expedited rulemaking process following the rules of the Office of Administrative Hearings, Minnesota Rules, part 1400.2410, and the Administrative Procedure Act, Minnesota Statutes, section 14.389. You may submit written comments on the proposed expedited rules until January 17, 2017.

Agency Contact Person. Submit comments or questions on the rules to:

Dorothy Lovejoy
Office of State Procurement
Department of Administration
Room 112, State Administration Building
50 Sherburne Avenue
Saint Paul, Minnesota 55155
Phone: (651) 201-2403
Fax: (651) 297.3996
Email: Dorothy.Lovejoy@state.mn.us

Subject of the Expedited Rules and Statutory Authority. During the 2015 and 2016 legislative sessions, Minnesota Statutes, sections 16C.16 through 16C.19, relating to procurements from small businesses was amended to include: 1) new size standards for small businesses, 2) changes to purchasing methods, 3) state-certification of veteran-owned small businesses, and 4) acceptance of minority- or woman-owned small business with their principal place of business in Minnesota that have been certified by the Minnesota Unified Certification Program under the provisions of Code of Federal Regulations, title 49, part 26. The proposed expedited rules include amendments to Minnesota Rules, parts 1230.0150 through 1230.1910 to align those parts with the recent changes to Minnesota Statutes, sections 16C.16 through 16C.19 and to more closely align those parts with similar subparts in Code of Federal Regulations, title 49, part 26. In addition, the proposed expedited rules will consolidate provisions of parts 1230.1820 and 1230.1830 and repeal part 1230.1830. The statutory authority to adopt the rules is Minnesota Statutes, section 16C.19, paragraph (a). The statutory authority to adopt the rules under the expedited rulemaking process is Minnesota Statutes, section 16C.19, paragraph (g). A copy of the proposed rules is published in the State Register and a free copy of the proposed expedited rules may be viewed at: http://www.mmd.admin.state.mn.us/pdf/2016ProposedRules.pdf.

Comments. You have until 4:30 p.m. on January 17, 2017, to submit written comment in support of or in opposition to the proposed expedited rules and any part or subpart of the rules. Your comment must be in writing and received by the agency contact person by the due date. The Department encourages comment. Your comment should identify the portion of the proposed expedited rules addressed and the reason for the comment. In addition, you are encouraged to propose any change desired. You must also make any comments that you have on the legality of the proposed rules during this comment period.

Modifications. The agency may modify the proposed expedited rules using either of two avenues: The agency may modify the rules directly so long as the modifications do not make them substantially different as defined in Minnesota Statutes, section 14.05, subdivision 2, paragraphs (b) and (c). Or the agency may adopt substantially different rules if it follows the procedure under Minnesota Rules, part 1400.2110. If the final rules are identical to the rules originally published in the State Register, the agency will publish a notice of adoption in the State Register. If the final rules are different from the rules originally published in the State Register, the agency must publish a copy of the changes in the State Register. If the proposed expedited rules affect you in any way, the agency encourages you to participate in the rulemaking process.

Alternative Format. Upon request, this information can be made available in an alternative format, such as large print, braille, or audio. To make such a request, please contact the agency contact person at the address or telephone number listed above.

Lobbyist Registration. Minnesota Statutes, chapter 10A, requires each lobbyist to register with the State Campaign Finance and Public Disclosure Board. You may direct questions regarding this requirement to the Campaign Finance and Public Disclosure Board at: Suite #190, Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155, telephone (651) 539-1180 or 1 800 657 3889.

Adoption and Review of Expedited Rules. The agency may adopt the rules at the end of the comment period. The agency will then submit rules and supporting documents to the Office of Administrative Hearings for review for legality. You may ask to be notified of the date that the agency submits the rules. If you want to be so notified, or want to receive a copy of the adopted rules, or want to register with the agency to receive notice of future rule proceedings, submit your request to the agency contact person listed above.

 


Information found on this website can be made available in alternative formats, such as large print, Braille, or on tape, by calling 651.296.2600. Persons with a hearing or speech disability can contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529.
The State of Minnesota is an Equal Opportunity Employer.

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