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Some Administrative Law Notes on the 2008 Legislative Session

By Eric L. Lipman

Among the things that happened before the Minnesota Legislature adjourned on Monday were:

Chapter 196, a measure that reforms the municipal boundary adjustment process.

Chapter 215, a measure that increases the ceilings on the amount of civil penalties that may be imposed by Administrative Law Judges in matters arising under the Minnesota Human Rights Act.

Chapter 299, a measure that revises the requirements for Minnesota?s Predatory Offender Registry ? including a provision that (arguably) legislatively overturns the recent Court of Appeals ruling as to the receipt of Registry mailings.

Administrative law even played a role in the measures that did not become law. For example, Governor Pawleny grounded his veto of Senate File 3001, a measure relating to education policy, in part on his objection to a requirement that the Minnesota Department of Education undertake expedited rulemaking to promulgate "state and district technology standards." In his veto message, the Governor characterized this directive as an "unfunded mandate" because it was not accompanied by an appropriation for the costs of developing the new rules.

Full post as published by Within the Scope on May 21, 2008 (boomark / email).