§ 14.01
Citing Cases (21)
Minnesota Supreme Court
In Re the Occupational License of Haymes · 1989 1 citation
+ 1 more citation in this opinion.
Doe v. Minnesota State Board of Medical Examiners · 1989 1 citation
+ 1 more citation in this opinion.
Application of Peoples Natural Gas Co. · 1986 2 citations
+ 2 more citations in this opinion.
Senior Citizens Coalition of Northeastern Minnesota v. Minnesota Public Utilities Commission · 1984 1 citation
*303 However, we need not decide whether the legislature implicitly delegated to the PUC the legislative authority to establish a system for compensating intervenors. The problem here is that, even if the PUC had authority to do so, it failed to properly exercise that authority. To have the force and effect of law, an agency’s rules must be adopted pursuant to the formal rulemak-ing procedures of the Administrative Procedure Act (APA), Minn. Stat. §§ 14.01 to 14.70 (1982 & Supp.1983). See Swenson v. Department of Public Welfare, 329 N.W.2d 320, 324 (Minn.1983); McKee v. Likins, 261 N.W.2d 566, 576-78 (Minn.1977). While the PUC issued a “Statement of Policy” regarding intervenor compensation on July 21, 1981, the Senior Citizens concede that the policy statement was not promulgated pursuant to the APA. Therefore, it could not have the force and effect of law. Lacking a validly promulgated rule, the PUC had no authority to award intervenor compensation under state law. Accordingly, we uphold the PUC’s ruling that it lacked authority to award intervenor compensation under state law in this case.
Swenson v. State, Department of Public Welfare · 1983 1 citation
+ 1 more citation in this opinion.
Minnesota Court of Appeals
In re Pera Salary Determinations Affecting Retired & Active Employees · 2012 1 citation
+ 1 more citation in this opinion.
In Re Universal Underwriters Life Insurance Co. · 2004 1 citation
+ 1 more citation in this opinion.
Donovan Contracting of St. Cloud, Inc. v. Minnesota Department of Transportation · 1991 2 citations
+ 2 more citations in this opinion.
Hennepin County Community Services Department v. Hale · 1991 2 citations
+ 2 more citations in this opinion.
In Re the Appeal of Jongquist · 1990 1 citation
+ 1 more citation in this opinion.
In Re Sentry Insurance Payback Program Filing · 1989 1 citation
+ 1 more citation in this opinion.
Glencoe Area Health Center v. Minnesota Department of Human Services · 1989 1 citation
+ 1 more citation in this opinion.
Good Neighbor Care Centers, Inc. v. Minnesota Department of Human Services · 1988 1 citation
+ 1 more citation in this opinion.
Deerson v. Metal-Matic, Inc. · 1988 1 citation
+ 1 more citation in this opinion.
Norman v. Commissioner of Public Safety · 1987 1 citation
+ 1 more citation in this opinion.
Voettiner v. Commissioner of Education · 1985 1 citation
Janet Voettiner and the Stratford School seek review of the Commissioner of Education’s denial of Voettiner’s application for approval to teach two courses in medical office procedures. They contend Voettiner is entitled to a contested case hearing, the decision is not supported by substantial evidence, it is arbitrary and capricious, and the Department of Education revised its approval requirements without adopting rules as required by the Minnesota Administrative Procedures Act. Minn. Stat. §§ 14.01-69 (1984). We affirm.
Blanding v. Sports & Health Club, Inc. · 1985 1 citation
Minneapolis Civil Rights Ordinance and Minnesota Administrative Procedure Act 1. The Minneapolis Code of Ordinances provides for judicial review of decisions made by the Civil Rights Commission: Any person aggrieved by a final decision of a hearing committee or a review committee in a contested case, may seek judicial review in the district court as provided in Chapter 15 of Minnesota Statutes, the Administrative Procedure Act, and the District Court shall review the decision in conformance with the provisions of this Title. Minneapolis, Minn., Code § 141.60(b) (1976 & Supp. No. 6, 6-82). The Administrative Procedure Act formerly Chapter 15 of the Minnesota Statutes, has been renumbered and is now found at Minn. Stat. §§ 14.01-.70 (1982 & Supp.1983). In 1982, when the ordinance was promulgated, the APA provided for judicial review in the district court. See Minn. Stat. § 14.63 (1982). Effective August 1, 1983, however, the APA was amended to take into account this court's existence, and § 14.63 now provides for an appeal to this court. See 1983 Minn. Laws ch. 247, § 9, at 856 (amending Minn. Stat. § 14.63 (1982)). The statute defining this court's jurisdiction is consistent with the amended APA and gives this court jurisdiction to hear, inter alia, "the decisions of administrative agencies in contested cases, as provided in sections 14.63 to 14.69." Minn. Stat. § 480A.06, subd. 4 (Supp.1983). By its own terms the Administrative Procedure Act does not provide for review of local agency decisions. The APA, both formerly and as amended, provides for review of decisions in "contested cases." See Minn. Stat. §§ 14.63, 480A.06, subd. 4. A *794 "contested case" is defined as a "proceeding before an agency," § 14.02, subd. 3, and agencies are defined as bodies having "statewide jurisdiction." Minn. Stat. § 14.02, subd. 2. Because the Minneapolis Civil Rights Commission is an agency of local government rather than an agency with statewide jurisdiction, the decision appealed from was not a decision in a "contested case" as defined by the APA, and thus the combination of § 14.63 and § 480A.06 do not confer jurisdiction on this court to hear the matter.
Hanna Mining Co. v. Minnesota Public Utilities Commission · 1985 1 citation
+ 1 more citation in this opinion.
Benson v. Commissioner of Public Safety · 1984 1 citation
+ 1 more citation in this opinion.
County of Hennepin v. Civil Rights Commission of City of Minneapolis · 1984 1 citation
+ 1 more citation in this opinion.
Stony Ridge & Carlos View Terrace Ass'n v. Alexander · 1984 1 citation
+ 1 more citation in this opinion.