Minnesota Immunization Rule Revision Rulemaking Basics - Minnesota Dept. of Health

Minnesota Immunization Rule Revision
Rulemaking Basics

Rule Revision Process Progress Chart (PDF)
Flowchart showing the process explained below.

The Rulemaking Process, Documents, and Time Line
The rulemaking process is governed by Minnesota Statutes, chapter 14, and Minnesota Rules, chapter 1400. This is a short summary of the main parts of the process, important documents, and time line for developing and adopting rules. If you have questions about the process, ask Patti Segal Freeman at 651-201-5414 or health.immrule@state.mn.us

Request for Comments. The Request for Comments initiates the rulemaking process. For this project, the Request for Comments will be published on April 30, 2012.

Proposed Rules. The Revisor of Statutes will review the rules draft and edit, as necessary, for form and style.

Statement of Need and Reasonableness. The Departments are required to justify that each rule requirement is needed and reasonable. “Needed” means that there are problems or a legislative directive that requires us to adopt or amend rules. “Reasonable” means that a proposed requirement is a reasonable solution to a problem. The justification will be in a document called the Statement of Need and Reasonableness (SONAR). Along with our analysis of each requirement in the rules, the SONAR also sets out our statutory authority for the rules and contains a modified cost/benefit analysis.

Notice of Intent to Adopt Rules. When we have finished writing the rules, we will publish in the State Register a Notice of Intent to Adopt Rules, along with the proposed rules. We will also mail the Notice and proposed rules to interested persons and to certain legislative committees.

30-Day Comment Period. After the Notice of Intent to Adopt Rules is published, there is a 30-day comment period, during which persons may submit written comments on the proposed rules. Persons may also request a hearing on the rules during the 30-day comment period.

Rules Hearing. If there are 25 hearing requests, the department is required to hold a hearing on the rules before an Administrative Law Judge (ALJ).

Review by Administrative Law Judge. Whether or not there is a hearing, an ALJ review the proposed rules and all the documents from the rulemaking. The ALJ will approve the rules if the Departments have statutory authority for the rules, have shown the rules to be needed and reasonable, have given proper notice of the proposed rules, and has complied with all other rulemaking requirements.

Governor Veto. After the rules are adopted by MDH and approved by the ALJ, the Governor has 14 days to review them. The Governor may veto the rule amendments or let them become effective.

Notice of Adoption. After the Governor’s review period, MDH will publish a Notice of Adoption in the State Register.

Effective Date. The amendments to the rules become effective five days after the Notice of Adoption is published.

Time Line. This process of drafting amendments to the rules can be open-ended and we do not know when we will have a draft rule. The formal part of the rulemaking process, from publishing the Notice of Intent to Adopt Rules until the date the rules become effective, takes about three months if there is no hearing and about five months if there is a hearing.

Minnesota Immunization Rule Revision
Contact Us

For questions or comments regarding the possible rule amendments, or to submit comments or information, please contact:

Minnesota Department of Health (MDH)
Patti Segal Freeman
Minnesota Department of Health
Freeman Building
625 Robert Street North
PO Box 64975
St. Paul, Minnesota 55164-0975

Email: health.immrule@state.mn.us
Phone: 651-201-5414 or 1-800-201-5414
Fax: 651-201-5501

Updated Monday, March 14, 2016 at 03:40PM