Legislative oversight of executive agency rulemaking in Minnesota (2025)

What are the five pillars of the administrative state?

Ballotpedia's five pillars of the administrative state provide a framework for understanding the authority, influence, and actions of administrative agencies, as well as the policies and arguments surrounding them. The five pillars focus on the control of administrative agencies related to the (1) legislative, (2) executive, and (3) judicial branches of government, (4) the public, and (5) other agencies or sub-agencies.

Five Pillars of the Administrative State

Legislative control
• Court cases • Major arguments • Reform proposals • Scholarly work • Timeline
More pillars
•Agency control • Executive control •Judicial control • Legislative control • Public control
Click here for more coverage of the administrative state on Ballotpedia.
Click here to access Ballotpedia's administrative state legislation tracker.

See also: 50-state research: Legislative oversight of executive agency rulemaking, Five pillars of the administrative state: Legislative control

Legislatures oversee executive agency rulemaking through a variety of mechanisms, including reviewing regulations, holding hearings, approving regulations prior to their adoption, or disapproving of or nullifying regulations, among other procedures. State laws and constitutions establish these legislative oversight requirements or authorizations. This page summarizes the legislative oversight of agency rulemaking mechanisms in Minnesota law.

This page contains the following sections:

Legislative oversight of agency rulemaking in Minnesota
This section details the legislative oversight mechanism in Minnesota.
Read more
How does Minnesota compare to other states?
This section compares the legislative oversight policies in Minnesota to those across the 50 states, specifically related to legislative oversight requirements, designated oversight entity, and scope of regulatory oversight.
Read more

Legislative oversight of agency rulemaking in Minnesota

Agencies must submit all of the rules promulgated to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rule. Committees can vote to delay the promulgation of a rule until the next adjournment of the general assembly. Regarding rules for which the cost of complying with a proposed rule in the first year after the rule takes effect will exceed $25,000 for: (1) any one business that has less than 50 full-time employees; or (2) any one statutory or home rule charter city that has less than ten full-time employees, businesses or affected entities may submit exemptions for compliance unless the legislature approves the rule for all businesses. Legislative approval of a rule is not required if an administrative law judge approves an agency's determination that the legislature has appropriated money to sufficiently fund the expected cost of the rule upon the business or city proposed to be regulated by the rule, the agency can prove that the rule was promulgated in compliance with a state or federal law, the governor submits a waiver to the legislature, or if the rule is subject to a good casue exemption from the rulemaking process under 14.388.

Minn. Stat. § 14.116

(a) By January 15 each year, each agency must submit its rulemaking docket maintained under section 14.366, and the official rulemaking record required under section 14.365 for any rule adopted during the preceding calendar year, to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rule.

(b) When an agency mails notice of intent to adopt rules under section 14.14 or 14.22, the agency must send a copy of the same notice and a copy of the statement of need and reasonableness to the chairs and ranking minority party members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission.

(c) In addition, if the mailing of the notice is within two years of the effective date of the law granting the agency authority to adopt the proposed rules, the agency shall make reasonable efforts to send a copy of the notice and the statement to all sitting legislators who were chief house of representatives and senate authors of the bill granting the rulemaking authority. If the bill was amended to include this rulemaking authority, the agency shall make reasonable efforts to send the notice and the statement to the chief house of representatives and senate authors of the amendment granting rulemaking authority, rather than to the chief authors of the bill.^[1]

MN Stat § 14.126

Subdivision 1.Delay action. If the standing committee of the house of representatives and the standing committee of the senate with jurisdiction over the subject matter of a proposed rule both vote to advise an agency that a proposed rule should not be adopted as proposed, the agency may not adopt the rule until the legislature adjourns the annual legislative session that began after the vote of the committees. The speaker of the house and the president of the senate shall determine if a standing committee has jurisdiction over a rule before a committee may act under this section. Subd. 2.Vote. A committee vote under this section must be by a majority of the committee. The vote may occur any time after the publication of the rulemaking notice under section 14.14, subdivision 1a, 14.22, 14.389, subdivision 2, or 14.3895, subdivision 3, and before notice of adoption is published in the State Register under section 14.18, 14.27, 14.389, subdivision 3, or 14.3895, subdivision 3. A committee voting under this section shall notify the agency, the revisor of statutes, and the chief administrative law judge of the vote as soon as possible. The committee shall publish notice of the vote in the State Register as soon as possible.^[2]

Minn. Stat. § 14.127

Subdivision 1.Cost thresholds. An agency must determine if the cost of complying with a proposed rule in the first year after the rule takes effect will exceed $25,000 for: (1) any one business that has less than 50 full-time employees; or (2) any one statutory or home rule charter city that has less than ten full-time employees. For purposes of this section, "business" means a business entity organized for profit or as a nonprofit, and includes an individual, partnership, corporation, joint venture, association, or cooperative.

Subd. 2.Agency determination. An agency must make the determination required by subdivision 1 before the close of the hearing record, or before the agency submits the record to the administrative law judge if there is no hearing. The administrative law judge must review and approve or disapprove the agency determination under this section. Subd. 3.Legislative approval required. If the agency determines that the cost exceeds the threshold in subdivision 1, or if the administrative law judge disapproves the agency's determination that the cost does not exceed the threshold in subdivision 1, any business that has less than 50 full-time employees or any statutory or home rule charter city that has less than ten full-time employees may file a written statement with the agency claiming a temporary exemption from the rules. Upon filing of such a statement with the agency, the rules do not apply to that business or that city until the rules are approved by a law enacted after the agency determination or administrative law judge disapproval. Subd. 4.Exceptions. (a) Subdivision 3 does not apply if the administrative law judge approves an agency's determination that the legislature has appropriated money to sufficiently fund the expected cost of the rule upon the business or city proposed to be regulated by the rule. (b) Subdivision 3 does not apply if the administrative law judge approves an agency's determination that the rule has been proposed pursuant to a specific federal statutory or regulatory mandate.

(c) This section does not apply if the rule is adopted under section 14.388 or under another law specifying that the rulemaking procedures of this chapter do not apply.

(d) This section does not apply to a rule adopted by the Public Utilities Commission.

(e) Subdivision 3 does not apply if the governor waives application of subdivision 3. The governor may issue a waiver at any time, either before or after the rule would take effect, but for the requirement of legislative approval. As soon as possible after issuing a waiver under this paragraph, the governor must send notice of the waiver to the speaker of the house and the president of the senate and must publish notice of this determination in the State Register.

Subd. 5.Severability. If an administrative law judge determines that part of a proposed rule exceeds the threshold specified in subdivision 1, but that a severable portion of a proposed rule does not exceed the threshold in subdivision 1, the administrative law judge may provide that the severable portion of the rule that does not exceed the threshold may take effect without legislative approval.^[3]

Minn. Stat. § 14.388

Subdivision 1.Requirements. If an agency for good cause finds that the rulemaking provisions of this chapter are unnecessary, impracticable, or contrary to the public interest when adopting, amending, or repealing a rule to:

(1) address a serious and immediate threat to the public health, safety, or welfare;

(2) comply with a court order or a requirement in federal law in a manner that does not allow for compliance with sections 14.14 to 14.28;

(3) incorporate specific changes set forth in applicable statutes when no interpretation of law is required; or

(4) make changes that do not alter the sense, meaning, or effect of a rule,

the agency may adopt, amend, or repeal the rule after satisfying the requirements of subdivision 2 and section 14.386, paragraph (a), clauses (1) to (4). The agency shall incorporate its findings and a brief statement of its supporting reasons in its order adopting, amending, or repealing the rule.

After considering the agency's statement and any comments received, the Office of Administrative Hearings shall determine whether the agency has provided adequate justification for its use of this section.

Rules adopted, amended, or repealed under clauses (1) and (2) are effective for a period of two years from the date of publication of the rule in the State Register.

Rules adopted, amended, or repealed under clause (3) or (4) are effective upon publication in the State Register.

Subd. 2.Notice. An agency proposing to adopt, amend, or repeal a rule under this section must give electronic notice of its intent in accordance with section 16E.07, subdivision 3, and notice by United States mail or electronic mail to persons who have registered their names with the agency under section 14.14, subdivision 1a. The notice must be given no later than the date the agency submits the proposed rule to the Office of Administrative Hearings for review of its legality and must include: (1) the proposed rule, amendment, or repeal;

(2) an explanation of why the rule meets the requirements of the good cause exemption under subdivision 1; and

(3) a statement that interested parties have five working days after the date of the notice to submit comments to the Office of Administrative Hearings.

Subd. 3.Review by chief judge. If a rule has been disapproved by an administrative law judge, the agency may ask the chief administrative law judge to review the rule. The agency must give notice of its request for review in accordance with subdivision 2. The notice must be given no later than the date the agency requests review by the chief judge and must include a summary of any information or arguments the agency intends to submit to the chief judge that were not submitted to the judge who disapproved the rule.

Subd. 4.Costs. The costs of any proceeding conducted by the Office of Administrative Hearings in accordance with this section must be paid by the agency seeking to adopt, amend, or repeal a rule under this section.^[4]

How does Minnesota compare to other states?

Is legislative oversight optional, required, or both?

Because many states have more than one mechanism of legislative oversight of agency regulations, some states have both optional and required legislative oversight mechanisms.

Thirty-four (34) states require legislative review of all or some agency regulations. Seven states include both optional and required legislative oversight mechanisms, and 27 states only have required legislative oversight mechanisms.
Ten (10) states authorize, but do not require, legislative oversight of agency regulations.
The law does not include provisions regarding legislative review of agency actions in six states.

Who reviews the regulations?

Generally, either the full legislature, legislative committees, legislative agencies, divisions, or offices, or any combination of these bodies, is authorized or required to review agency regulations. Thirty-three (33) states authorize or require more than one legislative entity to review agency regulations; therefore, the breakdown below exceeds 50.

Thirty-one (31) states authorize or require full legislative review of agency regulations.
Forty-one (41) states authorize or require legislative committees to review agency regulations.
Thirteen (13) states authorize or require legislative agencies, divisions, or offices to review agency regulations.

What is reviewed?

In states that don't require the legislature to review rules, review is optional, while other states do not have laws relating to legislative oversight of agency rules.

Thirty-two (32) states require legislative review of all rules. Some states require different levels of review for rules that meet different criteria.
Six states require legislative review of some rules. Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws. Other states require legislative review of rules that received a public complaint.
Six states do not require, but explicitly authorize, legislative review of rules.
Six states do not have laws regarding legislative review of agency rules.

Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws.

Footnotes

[1] Office of the Revisor of Statutes, "14.116 NOTICE TO LEGISLATURE." Accessed January 16, 2026

[2] Office of the Revisor of Statutes, "14.126 COMMITTEE AUTHORITY OVER RULE ADOPTION." Accessed January 16, 2026

[3] Office of the Revisor of Statutes, "14.127 LEGISLATIVE APPROVAL REQUIRED." Accessed January 16, 2026

[4] Office of the Revisor of Statutes, "14.388 GOOD CAUSE EXEMPTION." Accessed January 16, 2026

[1]

[2]

[3]

[4]

Legislative oversight of executive agency rulemaking in Minnesota (2025)

Contents

Legislative oversight of agency rulemaking in Minnesota

How does Minnesota compare to other states?

Is legislative oversight optional, required, or both?

Who reviews the regulations?

What is reviewed?

See also

Footnotes

Information about voting

2026 Elections

2025 Elections

Election analysis

Trending

Public Policy

Information for candidates

Get Engaged

Services

Additional analysis

SITE NAVIGATION