Minnesota Rules — Administration Department

Chapter 1200 MOTOR POOL VEHICLE INSURANCE CLAIMS

Minn. R. 1200.0200 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1200.0300 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Chapter 1205 DATA PRACTICES

Minn. R. 1205.0100 How These Rules Apply

Subpart 1. Scope.

Parts 1205.0100 to 1205.2000 relate to and shall apply to the provisions of Minnesota Statutes, chapter 13.

Subp. 2. Purpose.

The purpose of this chapter is to aid governmental entities in implementing and administering Minnesota Statutes, chapter 13, as those sections relate to data on individuals. This chapter is intended to guide entities so that while protection is given to individual privacy, neither necessary openness in government nor the orderly and efficient operation of government is curtailed.

Subp. 3. Government agencies.

This chapter shall apply to those governmental entities as defined by Minnesota Statutes, section 13.02, subdivisions 11, 17, and 18, which collect, create, use, store, and disseminate data on individuals as defined in Minnesota Statutes, section 13.02, subdivision 5.

This chapter shall only apply to data on individuals, as defined by Minnesota Statutes, section 13.02, subdivision 5, which is created, collected, maintained, used, or disseminated by governmental entities.

This chapter shall not apply to any government data collected, created, used, stored, or disseminated which is not data on individuals as defined in Minnesota Statutes, section 13.02, subdivision 5, except this chapter shall apply to summary data.

Subp. 4. Social service agencies.

Nonprofit social service agencies meeting the requirements of Minnesota Statutes, section 13.02, subdivision 11 shall include, but are not limited to, agencies providing mental health, physical health, counseling, and day-activities services.

This chapter shall only apply in the instance where such an agency is required by the terms of a written contract with a state agency, political subdivision, or statewide system to collect, create, store, use, or disseminate data on individuals.

In the event of such a contract, this chapter shall only apply to the data on individuals that is actually generated by the social service agency because of the contract.

Any data generated by activities of the social service agency that are independent of the contractually based activities shall not be subject to these rules.

This chapter shall not apply to personnel data maintained on employees of such social service agencies.

Subp. 5. Legal proceedings.

Nothing in these rules shall limit the discovery procedures available at law to any party in a civil or criminal action or administrative proceeding as described in the Minnesota Rules of Civil Procedure and the Minnesota Rules of Criminal Procedure as adopted by the Minnesota Supreme Court or in Minnesota Statutes and rules adopted thereunder.

Nothing in this chapter shall restrict or limit the scope or operation of any judicial order or rule issued by a state or federal court.

In the event of the issuance of a subpoena duces tecum for any private or confidential data or a subpoena requiring any agent of an entity to testify concerning any private or confidential data, the court's attention shall be called, through the proper channels, to those statutory provisions, rules, or regulations which restrict the disclosure of such information.

Nothing in this chapter shall be construed to diminish the rights conferred on subjects of data by Minnesota Statutes, section 13.04, or any other statute.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.0200 Definitions

Subpart 1. Scope.

All terms shall have the meanings given them by Minnesota Statutes, section 13.02. Those terms and additional terms as used in this chapter shall have the meanings as follows.

Subp. 2. Act.

"Act" means Minnesota Statutes, chapter 13, as amended, officially entitled the "Minnesota Government Data Practices Act."

Subp. 3. Confidential data.

"Confidential data," as defined in Minnesota Statutes, section 13.02, subdivision 3 shall only include data which is expressly classified as confidential by either a state statute, including the provisions of Minnesota Statutes, section 13.06, or federal law.

Data is confidential only if a state statute or federal law provides substantially that certain data shall not be available either to the public or to the data subject; or certain data shall not be available to anyone for any reason except agencies which need the data for agency purposes. Certain data shall be confidential if a state statute or federal law provides that the data may be shown to the data subject only at the discretion of the person holding the data, and if such state statute or federal law provides standards which limit the exercise of the discretion of the person maintaining the data.

Data is not confidential if a state statute or federal law provides that the data is confidential, but the context of the statute or federal law, in which the term confidential appears, reasonably indicates the data is accessible by the data subject, or if the data subject is given access to the data only upon the discretion of the person holding the data and the state statute or federal law does not provide any standards which limit the exercise of such discretion. In such cases, the proper classification of the data is private.

A state agency rule, an executive order, an administrative decision, or a local ordinance shall not classify data as "confidential" or use wording to make data inaccessible to the data subject unless there is a state statute or federal law as the basis for the classification.

Subp. 4. Data.

"Data" means "data on individuals" as defined in Minnesota Statutes, section 13.02, subdivision 5, unless stated otherwise.

Data can be maintained in any form, including, but not limited to, paper records and files, microfilm, computer medium, or other processes.

The duration of the existence of data, including whether certain data is temporary rather than permanent, is not relevant to compliance with this chapter.

All data, in whatever form it is maintained, is "data on individuals" if it can in any way identify any particular individual.

Code numbers, which are used to represent particular individuals, constitute "data on individuals" if a list or index of any type is available by which the code number can be cross referenced to a name or other unique personal identifier so that any individual's identity is revealed. Code numbers, lists of code numbers, or data associated with code numbers may qualify for treatment as summary data, pursuant to part 1205.0700.

"Code number" means the labeling or enumeration of data by use of a letter, number, or combination thereof, which is used in place of an individual's name, including but not limited to index numbers, dummy numbers, SOUNDEX codes, and Social Security numbers.

Data is "data on individuals" if it identifies an individual in itself, or if it can be used in connection with other data elements to uniquely identify an individual. Such data shall include, but is not limited to, street addresses, job titles, and so forth where the particular data could only describe or identify one individual.

Subp. 5. Designee.

"Designee" shall have the meaning given that term by Minnesota Statutes, section 13.02, subdivision 6.

Subp. 6. Entity.

"Entity" means any governmental agency subject to the requirements of the act, including state agencies, political subdivisions, and statewide systems as those terms are defined in Minnesota Statutes, section 13.02.

"State agency" shall include any entity which is given power of statewide effect by statute or executive order.

"Political subdivision" shall include those local government entities which are given powers of less than statewide effect by statute or executive order.

"Statewide systems" shall include, but are not limited to, record keeping and data-administering systems established by statute, federal law, administrative decision or agreement, or joint powers agreement. "Statewide systems" shall include, but are not limited to, the Criminal Justice Information System administered by the Bureau of Criminal Apprehension, the Statewide Accounting System, and the various welfare systems primarily administered by the Department of Human Services.

Subp. 7. Federal law.

"Federal law" means United States Code, rules and regulations of federal agencies as published in the Code of Federal Regulations, and federal case law, including decisions of any court in the federal judicial system.

Subp. 8. Individual.

"Individual" means any living human being. "Individual" shall not include any fictional entity or business such as a corporation, association, partnership, or sole proprietorship even in those instances where the name of such an entity or business includes the name of a natural person.

Subp. 9. Private data.

"Private data," as defined in Minnesota Statutes, section 13.02, subdivision 12 shall only include data which is expressly classified by either a state statute, including the provisions of Minnesota Statutes, section 13.06, or federal law.

Data is private if a state statute or federal law provides substantially that:

A. Certain data shall not be available to the public but shall be available to the subject of that data.

B. Certain data shall not be available to anyone, except the data subject or the subject's designated representative such as an attorney.

C. Certain data shall be confidential and the person the data is about may view the data at reasonable times.

D. Certain data shall be confidential and may be shown to the data subject at the discretion of the person holding the data. Such data shall be private if the state statute or federal law does not provide standards which limit the exercise of the discretion of the person maintaining the data.

E. Certain data is confidential, but the context of the statute or federal law in which the term confidential appears reasonably indicates the data is accessible by the individual who is the subject of the data. Data is not private if a federal agency rule provides substantially that as a part of its plan for implementation of a certain federal program, a state agency, statewide system, or political subdivision must provide for the confidentiality of data obtained from program subjects. A state agency rule, an executive order, an administrative decision, or a local ordinance shall not classify data as "private" or use wording to make data inaccessible to the public unless there is a state statute or federal law as the basis for the classification.

Subp. 10. Public data.

"Public data" shall mean "data on individuals," not classified by state statute, including Minnesota Statutes, section 13.06, or federal law as private or confidential data. This subpart shall not limit the ability of an entity to apply for temporary classifications of data pursuant to Minnesota Statutes, section 13.06.

Subp. 11. Records Management Act.

"Records Management Act" means Minnesota Statutes, section 138.17.

Subp. 12. Responsible authority.

"Responsible authority" means the individual in each entity who is designated or appointed pursuant to Minnesota Statutes, section 13.02, subdivision 16.

Subp. 13. Responsible authority in state agencies.

In state agencies, the responsible authority shall be as follows, unless otherwise provided by state law: for departments, the commissioner of the department; for constitutional offices, the constitutional officer; for the University of Minnesota, the individual appointed by the Board of Regents; for all other state agencies, the chief executive officer, or if none, then an individual chosen by the agency's governing body.

Subp. 14. Responsible authority in political subdivisions.

In political subdivisions, the responsible authority shall be as follows, unless otherwise provided by state law:

A. For counties, each elected official of the county shall be the responsible authority for the official's office. An individual who is an employee of the county shall be appointed by the county board to be the responsible authority for any data administered outside the offices of elected officials.

B. For cities, the city council shall appoint an individual who is an employee of the city.

C. For school districts, the school board shall appoint an individual who is an employee of the school district.

D. For nonprofit corporations or nonprofit social service agencies, unless a statute or the governmental entity which created the corporation or agency appoints an individual, the governing body of the corporation or agency shall appoint an individual. If no appointment is made, the chief executive officer of the nonprofit corporation or agency shall be the responsible authority. If the corporation or agency is part of a statewide system, the responsible authority for the statewide system shall be the responsible authority for the corporation or agency as determined by this part.

E. For all other political subdivisions, the governing body shall appoint an individual who is an employee of the political subdivision.

Subp. 15. Responsible authority in statewide systems.

In "statewide systems," the responsible authority shall be as follows, unless otherwise provided by state law:

A. the commissioner of any state department or any executive officer designated by statute or executive order as responsible for such a system; or

B. if a state statute or executive order does not designate an individual as responsible authority, the commissioner of administration shall appoint the responsible authority after the entities which participate in the system jointly apply for such an appointment in a form provided by the commissioner of administration.

Subp. 16. Summary data.

"Summary data," as defined in Minnesota Statutes, section 13.02, subdivision 19, means data which has been extracted, manipulated, or summarized from private or confidential data, and from which all data elements that could link the data to a specific individual have been removed. "Summary data" includes, but is not limited to, statistical data, case studies, reports of incidents, and research reports. Once it is summarized from private or confidential data, summary data remains summary if the responsible authority maintains any list of numbers or other data which could uniquely identify any individual in the summary data physically separated from the summary data and the responsible authority does not make such list or other data available to persons who gain access to, or possession of the summary data.

History

• Statutory Authority: MS s 13.07
• History: L 1984 c 654 art 5 s 58; 17 SR 1279

Minn. R. 1205.0300 Access to Public Data

Subpart 1. General.

The responsible authority shall comply with the following general rules governing access to public data.

Subp. 2. Who may see public data.

The responsible authority shall provide access to public data to any person, without regard to the nature of that person's interest in the data.

Subp. 3. Access procedures.

The responsible authority shall establish procedures to describe how such access may be gained. The procedures established shall be in compliance with Minnesota Statutes, section 13.03. In such procedures, the responsible authority may limit the time during which access to public data is available to the time during which the normal operations of the agency are conducted. In such procedures, the responsible authority shall provide for a response to a request for access within a reasonable time.

Subp. 4. Determining fee for copies.

The responsible authority may charge a reasonable fee for providing copies of public data.

In determining the amount of the reasonable fee, the responsible authority shall be guided by the following:

A. the cost of materials, including paper, used to provide the copies;

B. the cost of the labor required to prepare the copies;

C. any schedule of standard copying charges as established by the agency in its normal course of operations;

D. any special costs necessary to produce such copies from machine based record keeping systems, including but not limited to computers and microfilm systems; and

E. mailing costs.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.0400 Access to Private Data

Subpart 1. General.

Pursuant to Minnesota Statutes, sections 13.02, subdivision 12; and 13.05, the responsible authority shall comply with the following rules concerning access to private data.

Subp. 2. Who may see private data.

Access to private data shall be available only to the following: the subject of such data, as limited by any applicable statute or federal law; individuals within the entity whose work assignments reasonably require access; entities and agencies as determined by the responsible authority who are authorized by statute, including Minnesota Statutes, section 13.05, subdivision 4, or federal law to gain access to that specific data; and entities or individuals given access by the express written direction of the data subject.

Subp. 3. Access procedure.

The responsible authority shall establish written procedures to assure that access is gained only by those parties identified in subpart 2.

In those procedures, the responsible authority shall provide for reasonable measures to assure, in those instances where an individual who seeks to gain access to private data asserts that he or she is the subject of that data or the authorized representative of the data subject, that the individual making the assertion is in fact the subject of the data or the authorized representative of the data subject. Examples of such reasonable measures include, but are not limited to, the following:

A. requiring the person seeking to gain access to appear at the offices of the entity to gain such access or, in lieu of a personal appearance, requiring the signature of any data subject who is unable to appear at the offices of the entity; and

B. requiring the person to provide reasonable identification.

Subp. 4. Time limits.

The responsible authority may limit the time that access is available to the data subject to the normal working hours of the agency.

Subp. 5. Fees.

The responsible authority shall not charge the data subject any fee in those instances where the data subject only desires to view private data. The responsible authority may charge the data subject a reasonable fee for providing copies of private data.

In determining the amount of the reasonable fee, the responsible authority shall be guided by the criteria set out in part 1205.0300 concerning access to public data.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.0500 Access to Private Data Concerning Data Subjects Who Are Minors

Subpart 1. General.

Pursuant to Minnesota Statutes, sections 13.02, subdivisions 8 and 12; and 13.05, the responsible authority shall comply with the following rules concerning access.

In addition to the particular requirements of this part, access to private data concerning a minor data subject shall be subject to the requirements of part 1205.0400 concerning access to all private data.

Subp. 2. Who may see private data concerning minors.

Access to private data concerning minors shall be available only to the following:

A. Those parties identified as having access to private data under part 1205.0400, subpart 2.

B. Subject to the provisions of Minnesota Statutes, section 13.02, subdivision 8, any other applicable statute, and the exception set out at subpart 3, item A, the parents of the minor data subject. For purposes of this part, the responsible authority shall presume the parent has the authority to exercise the rights inherent in the act unless the responsible authority has been provided with evidence that there is a state law or court order governing such matters as divorce, separation, or custody, or a legally binding instrument which provides to the contrary.

Subp. 3. Access procedures for parents.

Pursuant to the provisions of Minnesota Statutes, section 13.02, subdivision 8, the responsible authority shall establish procedures to provide access by the parents of a minor data subject to private data concerning that minor, subject to the following:

A. The responsible authority may deny parental access to private data when the minor, who is the subject of that data, requests that the responsible authority deny such access. The responsible authority shall provide minors from whom the entity collects private or confidential data with a notification that the minor individual has the right to request that parental access to private data be denied. The responsible authority may require the minor data subject to submit a written request that the data be withheld. The written request shall set forth the reasons for denying parental access and shall be signed by the minor.

B. Upon receipt of such a request, the responsible authority shall determine if honoring the request to deny parental access would be in the best interest of the minor data subject. In making the determination, the responsible authority shall be guided by at least the following:

Subp. 4. Parents' access to educational records.

The responsible authority shall not deny access by parents to data that is considered an "education record," as that term is defined in Code of Federal Regulations, title 45, part 99, section 99.3, unless the minor to whom the data pertains is enrolled as a full-time student in a postsecondary educational institution or the student has attained the age of 18. As of the date of the adoption of these rules, the term "education records" was defined by Code of Federal Regulations, title 45, part 99, section 99.3 as follows:

(a) "Education records" means those records which:

(1) are directly related to a student; and

(2) are maintained by an educational agency or institution or by a party acting for the agency or institution.

(b) The term does not include:

(1) Records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which:

(i) are in the sole possession of the maker thereof; and

(ii) are not accessible or revealed to any other individual except a substitute. For the purpose of this definition, a "substitute" means an individual who performs on a temporary basis the duties of the individual who made the record, and does not refer to an individual who permanently succeeds the maker of the record in his or her position.

(2) Records of a law enforcement unit of an educational agency or institution which are:

(i) maintained apart from the records described in paragraph (a) of this definition;

(ii) maintained solely for law enforcement purposes; and

(iii) not disclosed to individuals other than law enforcement officials of the same jurisdiction; provided that education records maintained by the educational agency or institution are not disclosed to the personnel of the law enforcement unit.

(3)(i) Records relating to an individual who is employed by an educational agency or institution which:

(A) are made and maintained in the normal course of business;

(B) relate exclusively to the individual in that individual's capacity as an employee; and

(C) are not available for use for any other purpose.

(ii) This paragraph does not apply to records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student.

(4) Records relating to an eligible student which are:

(i) created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity;

(ii) created, maintained, or used only in connection with the provision of treatment to the student; and

(iii) not disclosed to anyone other than individuals providing the treatment; provided that the records can be personally reviewed by a physician or other appropriate professional of the student's choice. For the purpose of this definition, "treatment" does not include remedial educational activities or activities which are part of the program of instruction at the educational agency or institution.

(5) Records of an educational agency or institution which contain only information relating to a person after that person was no longer a student at the educational agency or institution. An example would be information collected by an educational agency or institution pertaining to the accomplishments of its alumni.

Subp. 5. Denying access without a request from a minor.

Without a request from a minor, the responsible authority may deny parental access to private data on a minor, pursuant to the provisions of Minnesota Statutes, sections 144.291 to 144.298 or any other statute or federal law that allows or requires the responsible authority the authority to do so, if such state statute or federal law provides standards which limit the exercise of the discretion of the responsible authority.

History

• Statutory Authority: MS s 13.07
• History: L 2007 c 147 art 10 s 15

Minn. R. 1205.0600 Access to Confidential Data

Subpart 1. General.

Pursuant to Minnesota Statutes, sections 13.02, subdivision 3; and 13.05, the responsible authority shall comply with the following rules concerning access to confidential data.

Subp. 2. Who may see confidential data.

Access to confidential data is available only to the following:

A. individuals within the entity whose work assignments reasonably require access; and

B. entities and agencies who are authorized by statute, including Minnesota Statutes, section 13.05, or federal law to gain access to that specific data.

Subp. 3. Access procedures.

The responsible authority shall establish written procedures to assure that access may be gained only by those parties identified in subpart 2.

In the drafting and administration of those procedures, the responsible authority shall provide measures by which data subjects or their authorized representatives shall be informed, upon request, if they are the subjects of confidential data.

The responsible authority shall not disclose the actual confidential data to the data subjects, but shall inform them whether confidential data concerning them is or is not retained.

The responsible authority shall take reasonable measures to assure that the person making inquiry is actually the individual data subject or the authorized representative of the data subject. Reasonable measures include, but are not limited to:

A. requiring the inquiring person to appear at the office of the entity to make his/her request;

B. requiring the inquiring person to provide identification; or

C. requiring the notarized signature of any data subject who is unable to appear at the offices of the entity.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.0700 Access to Summary Data

Subpart 1. General.

Pursuant to Minnesota Statutes, section 13.05, subdivision 7, the responsible authority shall comply with the following general rules concerning access to summary data. Summary data is public data, unless classified by statute, federal law, or temporary classification as not public. The responsible authority shall comply with part 1205.0300 concerning access to public data.

Subp. 2. Definitions.

For the purposes of administering Minnesota Statutes, section 13.05, subdivision 7, the following terms shall have the meanings given them:

A. "Administrative officer" includes, but is not limited to, the entity's research director, statistician, or computer center director.

B. "Person outside" the entity includes the person requesting the summary data or any other person designated by the person requesting the data.

Subp. 3. Access procedures.

The responsible authority shall prepare and implement procedures in his/her agency to assure that access to summary data is provided pursuant to Minnesota Statutes, section 13.05, subdivision 7. In the preparation and administration of such procedures, the responsible authority shall comply with the following.

Subp. 4. Responding to requests for summary data.

Preparation of summary data may be requested by any person. The request shall be in writing in a form provided by the responsible authority. Within ten days of the receipt of such a request, the responsible authority shall inform the requester of the estimated costs if any, pursuant to subpart 7 and subject to the provisions of that subpart either:

A. provide the summary data requested; or

B. provide a written statement to the requester, describing a time schedule for preparing the requested summary data, including reasons for any time delays; or

C. provide access to the requester to the private or confidential data for the purpose of the requester's preparation of summary data, pursuant to Minnesota Statutes, section 13.05, subdivision 7, and subpart 5; or

D. provide a written statement to the requester stating reasons why the responsible authority has determined that the requester's access would compromise the private or confidential data.

Subp. 5. Nondisclosure agreement.

A nondisclosure agreement, as required by Minnesota Statutes, section 13.05, subdivision 7 shall contain at least the following:

A. a general description of the private or confidential data which is being used to prepare summary data;

B. the purpose for which the summary data is being prepared; and

C. a statement that the preparer understands he/she may be subject to the civil or criminal penalty provisions of the act in the event that the private or confidential data is disclosed.

Subp. 6. Methods of preparing summary data.

Methods of preparing summary data include but are not limited to the following:

A. removing from a set of data, a file, or a record keeping system all unique personal identifiers so that the data that remains fulfills the definition of summary data as defined by Minnesota Statutes, section 13.02, subdivision 19; and

B. removing from the entity's report of any incident, or from any collection of data similar to an incident report, all unique personal identifiers so that the resulting report fulfills the definition of summary data in Minnesota Statutes, section 13.02, subdivision 19. For the purpose of this part, "removing all unique personal identifiers" includes but is not limited to blacking out personal identifiers on paper records, tearing off or cutting out the portions of paper records that contain the personal identifiers, and programming computers in such a way that printed, terminal, or other forms of output do not contain personal identifiers.

Subp. 7. Paying for preparation of summary data.

Any costs incurred in the preparation of summary data shall be borne by the requesting person. In assessing the costs associated with the preparation of summary data, the responsible authority shall:

A. be guided by the provisions of part 1205.0300 in determining costs;

B. provide to the requesting person an estimate of the costs associated with the preparation of the summary data;

C. prior to preparing or supplying the summary data, collect any funds necessary to reimburse the entity for its costs;

D. charge no more than reasonable copying costs when the summary data being requested requires only copying and no other preparation; and

E. take into account the reasonable value to the entity of the summary data prepared and where appropriate reduce the costs assessed to the requesting person.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.0800 Classification of Data

In order to comply with the provisions of Minnesota Statutes, sections 13.02, 13.04, and 13.05, the responsible authority shall:

A. review and identify all of the types of data maintained by the entity, including data retained as active and inactive;

B. determine what types of data maintained by the entity are classified as private or confidential, according to the definitions of those terms pursuant to part 1205.0200 and Minnesota Statutes, section 13.02;

C. identify either a state statute or provisions of federal law supporting any determination that certain data is either private or confidential; and

D. administer all agency data in accordance with the determinations made under item B.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.0900 Authority of the Responsible Authority

Pursuant to Minnesota Statutes, sections 13.02 to 13.06, the responsible authority shall have the authority to:

A. implement the act and these rules in each entity;

B. make good faith attempts to resolve all administrative controversies arising from the entity's practices of creation, collection, use, and dissemination of data;

C. prescribe changes to the administration of the entity's programs, procedures, and design of forms to bring those activities into compliance with the act and with this chapter;

D. take all administrative actions necessary to comply with the general requirements of the act, particularly Minnesota Statutes, section 13.04, and this chapter; and

E. where necessary, direct designees to perform the detailed requirements of the act and this chapter under the general supervision of the responsible authority.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.1000 Appointment of the Responsible Authority

Pursuant to Minnesota Statutes, section 13.02, subdivision 16, the governing body of each political subdivision and the governing body of each state agency whose activities are subject to the direction of a governing body shall, by September 30, 1981, if it has not done so, appoint a responsible authority. This part shall not affect the appointments of responsible authorities made previous to the adoption of these rules. The governing body shall confer on the responsible authority full administrative authority to carry out the duties assigned by the act and by this chapter. Governing bodies may use the forms set forth in part 1205.2000 to appoint the responsible authority.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.1100 Appointment Power of the Responsible Authority

Subpart 1. Power to appoint designees.

Pursuant to Minnesota Statutes, section 13.03, subdivision 2, the responsible authority shall, on deeming it to be in the best interest of the administration and enforcement of the act, appoint designees who shall be members of the staff of the entity. In the exercise of this appointment power, the responsible authority shall comply with the following.

Subp. 2. Appointment order.

The appointment order shall be in writing and copies of the order constitute public data on individuals, pursuant to Minnesota Statutes, section 13.02, subdivision 15.

Subp. 3. Instructing designees.

The responsible authority shall instruct any designees in the requirement of the act and of this chapter. If the responsible authority deems it necessary, such instruction shall include:

A. distribution to designees of written materials describing the requirements of the act and of this chapter;

B. preparation of training programs whose objective is to familiarize agency personnel with the requirements of the act and of this chapter; and

C. requiring attendance of designees and other entity personnel at training programs held within or outside the entity.

History

• Statutory Authority: MS s 13.07
• History: 17 SR 1279

Minn. R. 1205.1200 Duties of the Responsible Authority Relating to Public Accountability

Subpart 1. General.

Pursuant to Minnesota Statutes, section 13.05, the duties of the responsible authority shall include but not be limited to the following.

Subp. 2. Informing public where to direct inquiries.

For the purposes of public accountability, the responsible authority shall, by October 31, 1981, or until August 1 of each year when the requirements of subpart 3 are fully complied with, place his/her name, job title and business address, and the name(s) and job titles of any designees selected by the responsible authority on a document. Such document shall be made available to the public and/or posted in a conspicuous place by each entity. The document shall identify the responsible authority or designees as the persons responsible for answering inquiries from the public concerning the provisions of the act or of this chapter.

Subp. 3. Information required by public notice.

In the public document to be prepared or updated by August 1 of each year as required by Minnesota Statutes, section 13.05, the responsible authority shall identify and describe by type all records, files, or processes maintained by his/her entity, which contain private or confidential data. In addition to the items to be placed in the public document as required by Minnesota Statutes, section 13.05, the responsible authority shall include the following: the name, title, and address of designees appointed by the responsible authority; identification of the files or systems for which each designee is responsible; and a citation of the state statute or federal law which classifies each type of data as private or confidential.

Subp. 4. Required readability in public notice.

The responsible authority shall draft the descriptions of the types of records, files, and processes in easily understandable English. Technical or uncommon expressions understandable only by a minority of the general public shall be avoided, except where required by the subject matter.

Subp. 5. Form of public notice.

The responsible authority may use the form set forth in part 1205.2000 to prepare this public document.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.1300 Duties of the Responsible Authority in Administering Private and Confidential Data

Subpart 1. Determining collection date.

In order to administer the requirements of Minnesota Statutes, section 13.05, subdivision 4, the responsible authority shall determine for each type of record, file, or process identified in part 1205.1200 whether the data contained therein was collected prior to, on, or subsequent to August 1, 1975.

Subp. 2. Reviewing earlier records.

For each type of record, file, or process containing data collected prior to August 1, 1975, the responsible authority shall:

A. review the federal, state, or local legal enabling authority which mandated or necessitated the collection of the private or confidential data;

B. based on that review, determine the lawful purpose for the collection of the data at the time it was originally collected; and

C. direct the staff of the entity that private or confidential data collected prior to August 1, 1975, shall not be used, stored, or disseminated for any purpose, unless that purpose was authorized by the enabling authority which was in effect at the time the data was originally collected.

Subp. 3. Reviewing later records.

For each type of record, file, or process containing private or confidential data collected on or subsequent to August 1, 1975, the responsible authority shall:

A. review the legal enabling authority which mandates or necessitates the collection of the data; and

B. identify the purposes for the collection of and the intended uses of all private or confidential data that have been communicated to data subjects or should have been communicated to data subjects at the time of data collection, pursuant to Minnesota Statutes, section 13.04, subdivision 2.

Subp. 4. Preparing lists.

Using the purposes and uses identified in subparts 2 and 3, the responsible authority shall:

A. prepare lists which identify the uses of and purposes for the collection of private or confidential data for each type of record, file, or process identified in part 1205.1500. Each list shall identify all persons, agencies, or entities authorized by state or federal law to receive any data disseminated from the particular record, file, or process.

B. Pursuant to Minnesota Statutes, section 13.04, subdivision 2 either:

Subp. 5. Making policy.

In administering the entity's private or confidential data consistent with the provisions of these rules, the responsible authority shall:

A. educate entity personnel as to authorized purposes and uses;

B. prepare administrative procedures that will acquaint entity personnel with authorized purposes and uses; and

C. distribute policy directives requiring compliance with the entity's determination of authorized purposes and uses.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.1400 Authorizing New Purposes for Data Collection

Subpart 1. General conditions.

The responsible authority shall authorize a new purpose for the collection of private or confidential data or a new use for private or confidential data under any one of the following conditions: if subsequent passage of federal or state legislation requires initiation of a new or different purpose or use pursuant to Minnesota Statutes, section 13.05, subdivision 4, clause (b), or the responsible authority, prior to initiation of the new or different purpose or use, complies with the provisions of either Minnesota Statutes, section 13.05, subdivision 4, clause (a), (c), or (d).

Subp. 2. Statement.

For the purposes of administration of Minnesota Statutes, section 13.05, subdivision 4, clause (a) or (c), the responsible authority shall file a statement in a form prescribed by the commissioner.

Subp. 3. Informed consent.

For the purposes of Minnesota Statutes, section 13.05, subdivision 4, clause (d) the following term shall have the meaning given it.

"Informed consent" means the data subject possesses and exercises sufficient mental capacity to make a decision which reflects an appreciation of the consequences of allowing the entity to initiate a new purpose or use of the data in question.

Subp. 4. Restrictions.

For the purposes of the administration of Minnesota Statutes, section 13.05, subdivision 4, clause (d), the responsible authority shall comply with the following:

A. The responsible authority shall not take any action to coerce any data subject to give an "informed consent." The responsible authority shall explain the necessity for or consequences of the new or different purpose or use.

B. All informed consents shall be given in writing. Prior to any signature being affixed to it by the data subject, such writing shall identify the consequences of the giving of informed consent.

C. If the responsible authority makes reasonable efforts to obtain the informed consent of a data subject and if those efforts are not acknowledged in any way, the responsible authority shall interpret the silence of the data subject as the giving of an implied consent to the new or different purpose or use of the data. For purposes of this item, "reasonable efforts" shall include:

D. The data subject may give informed consent to less than all of the data elements in any list of data elements presented by a responsible authority, thereby giving only partial consent. Only those elements that the data subject has expressly consented to shall become part of the new or different purpose or use.

Subp. 5. Seeking informed consent for dissemination to insurer.

If the responsible authority seeks an individual's informed consent to the release of private data to an insurer or the authorized representative of an insurer, the responsible authority shall comply with the provisions of Minnesota Statutes, section 13.05, subdivision 4, paragraph (d), clauses (1) to (7).

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.1500 Duties of Responsible Authority in Administering All Entity Data

Subpart 1. Plan to review and analyze data administration.

Pursuant to Minnesota Statutes, section 13.05, subdivision 3, the responsible authority shall, by March 1, 1983, formulate a plan that will provide for the review and analysis of the data administration practices of the entity.

Subp. 2. Definitions.

In the formulation of the plan described in subpart 3, the responsible authority shall provide for the establishment of administrative mechanisms and procedures that comply with Minnesota Statutes, section 13.05, subdivision 5. For purposes of this part:

A. "Accurate" means that the data in question is reasonably correct and free from error.

B. "Complete" means that the data in question reasonably reflects the history of an individual's transactions with the particular entity. Omissions in an individual's history that place the individual in a false light shall not be permitted.

C. "Current" means that the data in question must be logically related to the entity's required and actual use of the data in its day to day operations.

Subp. 3. List or index.

In the formulation of this plan, the responsible authority shall at least provide for the preparation of a list of or index to all data or types of data currently collected, stored, used, or disseminated by the entity. The list or index developed shall include the identification of the state statute(s), federal law(s), or local ordinance(s) that authorize(s) the programs or functions for which data or types of data are collected, or which authorize(s) the actual collection, storage, use, or dissemination of data or types of data. The plan shall further provide for the list or index to be updated when new or different data collection, storage, use, or dissemination is authorized. This list or index shall be available to members of the general public, upon request.

Subp. 4. Determining need for data.

The responsible authority shall use this plan and the list or index developed to aid in the determination of whether collection and storage of data and use and dissemination of private or confidential data is necessary. For purposes of this part, data is necessary if:

A. the particular data is both required to carry out programs and functions that are expressly or impliedly authorized by a provision of state statute, federal law, or a local ordinance; and periodically examined, updated, modified, or referred to by the entity; or

B. the entity would be unable to fulfill its duties without undue or increased burden or expense, if the particular data were not collected, stored, used, or disseminated; or

C. retention of the particular data is required in the event that a legal action is brought against or by the entity; or

D. retention of the particular data is essential to comply with a state or federal requirement that data be retained for a specified period for the purposes of auditing, records retention, historical interest, and other similar purposes.

Subp. 5. Treating unnecessary data.

For any data determined to be not necessary pursuant to subpart 4, the responsible authority shall provide for the following activities in the entity's plan:

A. Taking all actions, including modification of the entity's data collection forms and data collection procedures, to assure that all unnecessary data is no longer collected and stored and all private and confidential data determined to be not necessary is no longer used and disseminated. Private data shall continue to be disseminated upon request by the data subject.

B. Disposing of data determined to be not necessary pursuant to the procedures of the Records Management Act. Inquiries concerning procedures for disposition of data may be directed to the Records Management Division, Department of Administration, Saint Paul, Minnesota 55155.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.1600 Administrative Appeal

Subpart 1. Procedure.

Pursuant to Minnesota Statutes, section 13.04, subdivision 4 an individual may appeal an adverse determination of a responsible authority to the commissioner of administration. The appeal shall follow the procedures established in Minnesota Statutes, chapter 14, as amended, and the rules of the Office of Administrative Hearings relating to contested case proceedings.

Subp. 2. Submitting an appeal; time limits.

Notice of an appeal must be submitted to the commissioner within a reasonable time of the determination made by the responsible authority pursuant to Minnesota Statutes, section 13.04, subdivision 4. For purposes of this subpart, "reasonable time" shall mean 180 days unless the responsible authority has provided the individual with a written statement which informs the individual of the right to appeal the determination to the commissioner. In the event this statement is provided, "reasonable time" for purposes of this subpart shall mean 60 days.

Subp. 3. Contents of appeal notice.

The notice shall be in writing and addressed to: Commissioner of Administration, State of Minnesota, 50 Sherburne Avenue, Saint Paul, Minnesota 55155.

The notice shall contain the following information:

A. the name, address, and phone number, if any, of the appealing party;

B. the name of the responsible authority and the entity which he or she represents;

C. a description of the nature of the dispute, including a description of the data; and

D. a description of the desired result of the appeal; upon written request of the data subject stating reasons, the appeal may be processed under the name of a pseudonym.

Subp. 4. Grounds for dismissing appeals.

The administrative law judge, at any stage of the proceedings, after all parties have had an opportunity to present their views, may recommend dismissal of any sham, capricious, or frivolous case, or any case not within the jurisdiction of the Department of Administration.

Subp. 5. Repaying cost of appeal.

The Department of Administration shall be reimbursed for all costs associated with the contested case proceeding by the entity whose responsible authority has been the impetus for the individual's appeal to the commissioner. The commissioner shall establish appropriate accounting procedures to provide to the entity an itemized invoice.

History

• Statutory Authority: MS s 13.07
• History: L 1984 c 640 s 32

Minn. R. 1205.1700 General Powers of the Commissioner

Pursuant to Minnesota Statutes, section 13.05, subdivision 2 and to assist in the general implementation and enforcement of the act, the commissioner shall have the following powers:

A. If the commissioner determines that certain information is relevant to monitoring any entity's data collection and handling practices, policies, and procedures, the commissioner shall require the responsible authority of such entity to submit the information.

B. Any inquiries concerning the act or these rules and any information submissions required to be made by item A shall be directed to: Data Privacy Division, Department of Administration, State of Minnesota, 50 Sherburne Avenue, Saint Paul, Minnesota 55155.

C. The Data Privacy Division shall respond promptly to all inquiries within personnel and budgetary limitations.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.1800 [Repealed, L 2010 c 365 art 1 s 12]

[Repealed, L 2010 c 365 art 1 s 12]

Minn. R. 1205.1900 Severable Provisions

If any provisions of this chapter are found invalid for any reason, the remaining provisions shall remain valid.

History

• Statutory Authority: MS s 13.07

Minn. R. 1205.2000 Advisory Forms

Subpart 1. Advisory form A:

resolution appointing a county responsible authority.

State of Minnesota

County of (name of county) _________________

WHEREAS, Minnesota Statutes, section 13.02, subdivision 16, requires that (name of county) _______________ County appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals within the county and,

WHEREAS, the (name of county) _______________ County Board of Commissioners shares the concern expressed by the legislature on the responsible use of all County data and wishes to satisfy this concern by immediately appointing an administratively and technically qualified Responsible Authority as required under the statute.

BE IT RESOLVED, the County Board of Commissioners appoints (name of individual) _______________ as the Responsible Authority for the purpose of meeting all requirements of Minnesota Statutes, chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register on (insert appropriate date) __________.

ADOPTED BY (name of county) __________ COUNTY COMMISSIONERS ON (date) _______.

Subp. 2. Advisory form B:

resolution appointing a city responsible authority.

State of Minnesota

City of (insert name of city) ___________________

Resolution Title: Appointment of Responsible Authority

WHEREAS, Minnesota Statutes, section 13.02, Subdivision 16, as amended, requires that the City of (insert name of city) _______________ appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, within the City and,

WHEREAS, the (insert name of city) _______________ City Council shares concern expressed by the legislature on the responsible use of all City data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the statute.

BE IT RESOLVED, the City Council of (insert name of city) ____________ appoints (name of individual appointed) _______________ as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register on (insert appropriate date) _______________.

ADOPTED BY (insert name of city) _______________ CITY COUNCIL ON (date) _______________.

ATTESTED TO BY THE:

Subp. 3. Advisory form C:

resolution appointing a school district responsible authority.

State of Minnesota

(name of district) _______________ School District

School District Number ____

Pursuant to the provisions of Minnesota Statutes, section 13.02, subdivision 16, as amended, (insert name of individual) ____________________, is hereby appointed Responsible Authority for the (insert name of district) _______________ School District Number ____.

(insert name of individual appointed) ____________________ is hereby authorized to take all actions necessary to assure that all programs, administrative procedures and forms used within School District (insert number) ____ are administered in compliance with the provisions of Minnesota Statutes, chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register on (insert appropriate date) __________.

Subp. 4. Advisory form D:

resolution appointing a responsible authority for state or local boards or commissions.

State of Minnesota

(insert name of board or commission) ___________________

Under the provisions of Minnesota Statutes, section 13.02, Subdivision 16, as amended, (name of individual) ____________________ is hereby appointed Responsible Authority for (insert name of board or commission) ____________________.

(insert name of individual appointed) _________________________ is hereby authorized to take all actions necessary to assure that all programs, administrative procedures and forms used by the (insert name of board or commission) _________________________ are administered in compliance with the provisions of Minnesota Statutes, chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration and published in the State Register on (insert date) ____.

Subp. 5. Advisory form E:

public document as required by Minnesota Statutes, section 13.05.

History

• Statutory Authority: MS s 13.07

Chapter 1215 EMERGENCY 911 COMMUNICATION SYSTEMS

Minn. R. 1215.0100 [Renumbered 7580.0200]

[Renumbered 7580.0200]

Minn. R. 1215.0200 Repealed by subpart

Subpart 1.

[Renumbered 7580.0100, subpart 1]

Subp. 1a.

[Renumbered 7580.0100, subp 2]

Subp. 1b.

[Renumbered 7580.0100, subp 3]

Subp. 2.

[Renumbered 7580.0100, subp 4]

Subp. 3.

[Renumbered 7580.0100, subp 5]

Subp. 3a.

[Renumbered 7580.0100, subp 6]

Subp. 4.

[Renumbered 7580.0100, subp 7]

Subp. 4a.

[Renumbered 7580.0100, subp 8]

Subp. 4b.

[Renumbered 7580.0100, subp 9]

Subp. 5.

[Renumbered 7580.0100, subp 10

Subp. 6.

[Renumbered 7580.0100, subp 11]

Subp. 7.

[Renumbered 7580.0100, subp 12]

Subp. 8.

[Renumbered 7580.0100, subp 13]

Subp. 8a.

[Renumbered 7580.0100, subp 14]

Subp. 9.

[Renumbered 7580.0100, subp 15]

Subp. 10.

[Renumbered 7580.0100, subp 16]

Minn. R. 1215.0300 [Renumbered 7580.0300]

[Renumbered 7580.0300]

Minn. R. 1215.0400 [Repealed, L 2002 c 372 s 21]

[Repealed, L 2002 c 372 s 21]

Minn. R. 1215.0500 [Renumbered 7580.0400]

[Renumbered 7580.0400]

Minn. R. 1215.0600 [Repealed, L 2002 c 372 s 21]

[Repealed, L 2002 c 372 s 21]

Minn. R. 1215.0700 [Repealed, L 2002 c 372 s 21]

[Repealed, L 2002 c 372 s 21]

Minn. R. 1215.0800 [Renumbered 7580.0500]

[Renumbered 7580.0500]

Minn. R. 1215.0900 [Renumbered 7580.0600]

[Renumbered 7580.0600]

Minn. R. 1215.1000 [Renumbered 7580.0700]

[Renumbered 7580.0700]

Minn. R. 1215.1100 [Renumbered 7580.0800]

[Renumbered 7580.0800]

Minn. R. 1215.1200 Repealed by subpart

Subpart 1.

[Renumbered 7580.0900, subpart 1]

Subp. 2.

[Renumbered 7580.0900, subp 2]

Subp. 3.

[Repealed, L 2002 c 372 s 21]

Minn. R. 1215.1300 [Renumbered 7580.1000]

[Renumbered 7580.1000]

Minn. R. 1215.1400 [Renumbered 7580.1100]

[Renumbered 7580.1100]

Minn. R. 1215.1500 [Repealed, L 2002 c 372 s 21]

[Repealed, L 2002 c 372 s 21]

Chapter 1220 INFORMATION SYSTEMS GRANT PROPOSALS

Minn. R. 1220.0200 [Repealed, L 2004 c 228 art 1 s 76]

[Repealed, L 2004 c 228 art 1 s 76]

Minn. R. 1220.0300 [Repealed, L 2004 c 228 art 1 s 76]

[Repealed, L 2004 c 228 art 1 s 76]

Minn. R. 1220.0400 [Repealed, L 2004 c 228 art 1 s 76]

[Repealed, L 2004 c 228 art 1 s 76]

Minn. R. 1220.0500 [Repealed, L 2004 c 228 art 1 s 76]

[Repealed, L 2004 c 228 art 1 s 76]

Minn. R. 1220.0600 [Repealed, L 2004 c 228 art 1 s 76]

[Repealed, L 2004 c 228 art 1 s 76]

Minn. R. 1220.0700 [Repealed, L 2004 c 228 art 1 s 76]

[Repealed, L 2004 c 228 art 1 s 76]

Minn. R. 1220.0800 [Repealed, L 2004 c 228 art 1 s 76]

[Repealed, L 2004 c 228 art 1 s 76]

Minn. R. 1220.0900 [Repealed, L 2004 c 228 art 1 s 76]

[Repealed, L 2004 c 228 art 1 s 76]

Chapter 1225 STATE GROUNDS; LOST PROPERTY AND PARKING

Minn. R. 1225.0200 Lost Property

Pursuant to Minnesota Statutes, section 16B.25, personal property found in the Capitol complex or other buildings under the custodial control of the commissioner of administration shall be sent to: Plant Management Division, Department of Administration, Room G-9, State Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota 55155.

Each article shall be labeled indicating the date, the place where the article was found, and the name and telephone number of the finder.

Articles sent to the Plant Management Division shall be disposed of in accordance with Minnesota Statutes, section 16B.25.

Any person wishing to recover any personal property which may have been lost in the Capitol complex or other buildings under the custodial control of the commissioner of administration shall contact the Plant Management Division at the above-noted address, giving a description of the lost property, the approximate time, and the location where it may have been lost.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1225.0300 Parking

Subpart 1. Scope.

Pursuant to Minnesota Statutes, section 16B.58, subdivision 2, this part governs the parking of motor vehicles in parking facilities owned or operated by the state of Minnesota and under the control of the commissioner of administration.

Subp. 2. Lots and facilities.

Parking lots or facilities governed by these rules are located within the Capitol complex, the city of Saint Paul, and the city of Minneapolis, and including the following:

A. outdoor lots within the Capitol complex; at the Department of Employment and Economic Development, 332 Minnesota Street, Suite E200, Saint Paul; 1246 University Avenue, Saint Paul; and at the State Department of Health Building, 717 Delaware Avenue Southeast, Minneapolis;

B. indoor parking facilities located in the Department of Transportation Building in the Capitol complex; the Department of Employment and Economic Development, 332 Minnesota Street, Suite E200, Saint Paul; 1246 University Avenue, Saint Paul; and the State Department of Health Building, 717 Delaware Avenue Southeast, Minneapolis;

C. ramp parking facilities located in the state Administration Building and adjacent to the Centennial Building, both in the Capitol complex; and

D. street parking facilities located on Aurora Street between Cedar Avenue and Park Avenue.

Subp. 3. Prohibited parking.

All parking of motor vehicles is prohibited across driveway entrances; upon sidewalks; along yellow painted curbing; within 15 feet of fire hydrants; within 20 feet of crosswalks or intersections; in stalls assigned to other persons unless permission is granted by such persons; in driveways; and in restricted zones of lots, ramps, or other posted areas.

Subp. 4. Application for parking.

Applications for contract parking shall be made in writing to: Director of Plant Management Division, Room G-9, State Administration Building, Saint Paul, Minnesota 55155.

The application shall bear the written signature of the person applying and contain the following information: employing agency, telephone number at place of work, type of vehicle (compact or regular), motor vehicle license number, and all other relevant information requested by the director. Additional information may be required, including the name of each passenger, if car pooling, the employing agency of each passenger, and location if other than in the Capitol complex. If a desired facility is requested, the facility shall be identified. The applicant shall not submit payment with the application.

Subp. 5. Priority for granting permits.

Permits shall be granted to applicants in the following priority order:

A. applicants qualifying for a disability parking permit per subpart 9 or demonstrating special needs or circumstances arising from position, nature of work, and/or travel requirements;

B. applicants with riders with the applicant with the highest number of riders first, the applicant with the second highest number of riders second, etc.; and

C. all other applicants on a first-come, first-served basis.

Subp. 6. Stickers.

All authorized parking contract recipients shall be issued a sticker of proper identifying color. Stickers shall be displayed on the reverse side of the rearview mirror.

Subp. 7. Fees.

Fees for parking shall be set by the commissioner of administration with the approval of the commissioner of management and budget and shall be based on consideration of, but not limited to, the following factors: administrative overhead and operating cost; surcharge required pursuant to Minnesota Statutes, section 16B.58, subdivision 7; and number of car pool passengers, if any.

Subp. 8. Exemptions from parking surcharge.

Pursuant to Minnesota Statutes, section 16B.58, subdivision 7, the following are exempt from surcharge:

A. parking contract holders whose work shift is other than the customary daytime work hours, including those individuals employed on rotating shifts; and

B. parking contract holders whose work activity does not conform to the customary hours or patterns of work so as to preclude the opportunity to participate in a car pool. Any person wishing to apply for exemption from the surcharge shall apply in writing on the forms provided to the Division of Plant Management, Department of Administration. Notice of approval or denial for the exemption of the surcharge shall be sent in writing to the applicant.

Subp. 9. Disabled.

To receive a disability parking permit, a written application shall be submitted to the director of the Plant Management Division at the above-noted address stating the circumstances and extent of the disability. Certification of disability eligibility pursuant to Minnesota Statutes, section 169.345, shall be deemed sufficient showing to authorize vehicles bearing proper identification of such certification to use disability designated parking facilities in the Capitol complex and other facilities. Upon receipt of an application from a noncertified person, the director shall instruct the applicant to contact the nurse in the Transportation or Centennial Building for verification of the disability. A written recommendation from the nurse is required stating the estimated length of time required to accommodate the disability. Disability parking shall be available on a first-come, first-served basis. Regular parking rates shall apply.

Subp. 10. Special temporary permits.

For departments or agencies having individuals or groups visiting the Capitol complex for meetings or hearings, temporary reserved hooded meter parking may, if available, be obtained upon request to the director of the Plant Management Division, for which a per day per unit fee shall be paid by the requesting organization. The amount of the fee shall be set by the commissioner of administration and approved by the commissioner of management and budget.

Subp. 11. Violations.

Pursuant to Minnesota Statutes, section 16B.58, subdivisions 3 and 4, when any motor vehicle is parked in violation of this part a traffic warning or summons ticket shall be issued to the vehicle or person deemed as the violator.

Subp. 12. Removal and impounding.

Any vehicle parked upon any parking lot or facility owned or operated by the state, not in conformity with the aforementioned rules, state law, or local ordinances, may be declared a public nuisance and removed or impounded as set forth in Minnesota Statutes, section 16B.58, subdivision 3. The cost of such removal or impounding shall be a lien against the motor vehicle until paid.

Subp. 13. Legislative parking resolutions.

Pursuant to Minnesota Statutes, section 16B.58, subdivision 6, this part shall not affect regulation of parking of certain vehicles as provided by resolution of the legislative bodies during legislative sessions.

History

• Statutory Authority: MS s 16B.58
• History: L 1985 1Sp14 art 9 s 75; L 1994 c 483 s 1; L 2005 c 56 s 2; L 2005 c 112 art 2 s 41; L 2009 c101 art 2 s 109

Chapter 1230 STATE CONTRACTS

Minn. R. 1230.0100 Scope

Pursuant to Minnesota Statutes, chapters 16B and 16C, parts 1230.0100 to 1230.1910 govern the procurement of materials and services for the state.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.0150 Definitions

Subpart 1. Scope.

Within parts 1230.0100 to 1230.1910, the following apply, unless clearly indicated otherwise by the context.

Subp. 2. Affiliation.

"Affiliation" has the meaning given in the Small Business Administration (SBA) regulations, Code of Federal Regulations, title 13, part 121.

A. Except as otherwise provided in Code of Federal Regulations, title 13, part 121, businesses are affiliates of each other when, either directly or indirectly:

B. In determining whether affiliation exists, it is necessary to consider all appropriate factors, including common ownership, common management, and contractual relationships. Affiliates must be considered together in determining whether a business meets small business size criteria and the statutory cap on the participation of businesses in the Minnesota small business procurement program.

Subp. 2a. Best value.

"Best value" describes a result intended in the acquisition of all goods and services unless otherwise provided for by law. Except as otherwise provided by law, price must be one of the evaluation criteria when acquiring goods and services. Other evaluation criteria may include, but are not limited to, environmental considerations, quality, and vendor performance.

Subp. 2b. Bid.

"Bid" means an offer extended by a vendor in response to a request for bids.

Subp. 3. Broker.

"Broker" means a business that does not take legal title to the product, does not add value to the product, and has no written authorization to represent the manufacturer of the product.

Subp. 4. Business.

"Business" means a contractor, subcontractor, supplier, consultant, or provider of technical, administrative, or physical services organized as a sole proprietorship, partnership, association, corporation, or other entity formed for the purpose of doing business for profit.

Subp. 4a. Competitive bidding.

"Competitive bidding" means a process by which an award is made to the lowest responsible bidder meeting all terms, conditions, and specifications of the solicitation document.

Subp. 5. Contractor.

"Contractor" means a business that is engaged in construction such as general, mechanical, or electrical contracting, or that provides a specific service such as trash removal, snow removal, janitorial services, or professional or technical services.

Subp. 6. Dealer, jobber, or distributor.

"Dealer," "jobber," or "distributor" means a business that maintains a store, warehouse, or other establishment in which a line or lines of products are kept in inventory and are sold to the public on a wholesale or retail basis.

Subp. 7. Debarment.

"Debarment" means the disqualification of a person from receiving solicitations, the award of a contract by a governmental body, or selling any products or services to state agencies for a specified time commensurate with the seriousness of the offense, the failure, or the inadequacy of performance.

Subp. 8. Director.

"Director" means director of the Office of State Procurement or a procurement manager with written delegation of authority from the director.

Subp. 9. Division.

"Division" means Office of State Procurement, Department of Administration, Room 112, State Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota 55155 and its successor divisions.

Subp. 9a. Dominant in its field of operation.

"Dominant in its field of operation" means exceeding the annual gross revenues or sales specified in Minnesota Statutes, section 16C.16, subdivision 2.

Subp. 10. Franchise.

"Franchise" means an operating agreement obtained from a franchiser to conduct a business entity that does not provide the operator with the exclusive right to profit from the operator's effort, commensurate with ownership and to bear the risk of loss or failure and does not meet the test of ownership outlined in subpart 26 and parts 1230.1601 to 1230.1607.

Subp. 11. Joint venture.

"Joint venture" means the temporary association of two or more businesses to secure and fulfill a contract. For contracts awarded under the preference or set-aside provisions of the small business procurement program in parts 1230.1400 to 1230.1910, all parties in the joint venture must be certified as targeted group, economically disadvantaged area, or veteran-owned businesses.

Subp. 12. Liquidated damages.

"Liquidated damages" means a specific sum of money, agreed to as part of a contract to be paid by one party to the other in the event of a breach of contract in lieu of actual damages, unless otherwise provided by law.

Subp. 13. Manufacturer.

"Manufacturer" means a business that makes or processes raw materials into a finished product.

Subp. 14. Manufacturer's representative.

"Manufacturer's representative" means a business that has a written agreement or agreements with one or more manufacturers or manufacturer's authorized distributors to sell the products of the manufacturer, but that is not an employee of the manufacturer.

Subp. 15. Material variance or material deviation.

"Material variance" or "material deviation" means a variance in a response from specifications or conditions that allows a responder a substantial advantage or benefit not enjoyed by all other responders or gives the state something significantly different from what the state requested in the solicitation document.

Subp. 15a. NAICS or North American Industry Classification System.

"NAICS" or "North American Industry Classification System" is a system developed for use in the classification of business establishments by type of activity for the purpose of facilitating the collection, tabulation, presentation, and analysis of data collected by various agencies of the United States government, state agencies, trade associations, and private research organizations for promoting uniformity and comparability in the presentation of statistical data relating to those establishments and their fields of endeavor.

Subp. 16. Open market.

"Open market" means purchases made in the marketplace without the need for competitive solicitations.

Subp. 17. Person.

"Person" means a natural person or a business and includes both if the natural person is engaged in a business.

Subp. 18. Principal place of business.

"Principal place of business" means the business location where the individuals who manage the business's day-to-day operations spend most working hours. If the offices from which management is directed and where the business records are kept are in different locations, the division shall determine the principal place of business.

Subp. 18a. Proposal.

"Proposal" means an executed document submitted by a vendor in response to a request for proposals.

Subp. 19. Reinstatement.

"Reinstatement" means a process by which a debarred vendor is restored to the state vendor list.

Subp. 19a. Responder.

"Responder" means a person who provides an offer in response to a solicitation.

Subp. 20. Responsible vendor.

"Responsible vendor" means a vendor who:

A. is a manufacturer of, deals in, but is not a broker of, or is the agent of a manufacturer with full knowledge of supplies to be furnished; or

B. if services are to be provided, has the necessary skills or is in the business of supplying these services; and

C. can demonstrate a satisfactory credit standing, lack of delinquent tax liability, and the financial capability to perform a contract as evidenced by the ability to obtain bonding when required; and

D. has no unresolved record of failure to perform, or of unsatisfactory performance of, contracts for the state or other customers; and

E. is not currently debarred by another government entity for any cause including defaults on contracts, late deliveries, products not meeting specifications, substandard installation, or service; and

F. is otherwise qualified under rule and law, including incorporation in or registration to do business in Minnesota; and

G. has not engaged in unlawful practices, associated with organized crime, or operated under false names or fronts as a small business or a socially or economically disadvantaged small business; and

H. is in compliance with all tax laws of Minnesota, as evidenced by timely filing of all required returns, reports, payments, and possession of all applicable stamps, licenses, or other permits, and freedom from any judgment, lien, or seizure of assets or property to satisfy tax payments or duties; and

I. is willing to furnish all information necessary to determine responsibility as outlined in items A to H within 30 calendar days or less or within a reasonable amount of time determined by prior consensus between the bidder and the division.

Subp. 20a. Small Business Administration.

"Small Business Administration" or "SBA" means the United States Small Business Administration.

Subp. 21.

[Repealed, 42 SR 543]

Subp. 21a. Solicitation.

"Solicitation" means a request for bids or a request for proposals.

Subp. 22. Suspension.

"Suspension" means to be temporarily suspended by the director of the Office of State Procurement from receiving solicitations, the award of a contract, or selling any products or services to state agencies while the director determines if there is probable cause for debarment.

Subp. 23. Targeted group business.

"Targeted group business" or "TG" means certified businesses designated by the commissioner of administration that are at least 51 percent owned and operated by women, persons with substantial physical disabilities, or specific minorities who provide goods, products, or services within purchasing categories designated by the commissioner.

Subp. 24. Terms governing socially and economically disadvantaged persons.

The terms in items A to D have the meanings given them for purposes of administering the small business procurement program of which members are rebuttably presumed to be socially and economically disadvantaged.

A. "Racial minority" means an individual in one or more of the categories in subitems (1) to (9).

B. "Women" means persons of the female gender.

C. "Substantial physical disability" means with respect to an individual:

D. This subpart includes any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective.

Subp. 25. Third-party lessor.

"Third-party lessor" means a business that as a lessee acts as a lessor to a third party.

Subp. 26. Small business eligible for certification as socially and economically disadvantaged, economically disadvantaged area, or veteran-owned business.

"Small business eligible for certification as socially and economically disadvantaged, economically disadvantaged area, or veteran-owned business" means a small business entity with its principal place of business in Minnesota organized for profit, including an individual, partnership, corporation, joint venture, association, or cooperative that is at least 51 percent owned and is operationally controlled on a day-to-day basis by citizens or lawfully admitted permanent residents of the United States. Certified rehabilitation facilities and extended employment providers need not be organized for profit to be eligible for certification.

Subp. 26a. Socially and economically disadvantaged individual.

"Socially and economically disadvantaged individual" means any individual who is a citizen, or lawfully admitted permanent resident of the United States, and who has been subjected to racial or ethnic prejudice or cultural bias because of the individual's identity as a member of a group or groups and without regard to the individual's own qualities. The disadvantage must stem from circumstances beyond the individual's control.

A. Any individual the commissioner finds to be a socially and economically disadvantaged individual is on a case-by-case basis. An individual must demonstrate that the individual has identified as a member of a designated group under subpart 24.

B. Being born in a particular country is not the only criteria used to determine that an individual is a member of one of the groups listed in subpart 24.

Subp. 27. Vendor.

"Vendor" means a natural person or a business and includes both if the natural person is engaged in a business.

Subp. 28. Veteran-owned business.

"Veteran-owned business" or "VO" means a for-profit business:

A. that is at least 51 percent owned by one or more veterans as defined in Minnesota Statutes, section 16C.16, or in the case of a corporation in which 51 percent of the stock is owned by one or more such individuals; and

B. whose management and daily business operations are controlled by one or more of the veterans who own it.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499; 42 SR 543

Minn. R. 1230.0200 [Repealed, 16 SR 194]

[Repealed, 16 SR 194]

Minn. R. 1230.0300 Soliciting Responses

Subpart 1. Publication.

Notice of solicitations estimated to exceed the limits established by Minnesota Statutes, section 16C.06, subdivision 1, must be advertised at least seven calendar days prior to the opening date. Responses must also be solicited by announcing solicitations to prospective responders registered with the division pursuant to subpart 3.

Subp. 2.

[Repealed, 28 SR 499]

Subp. 3. Vendor list.

A record of potential responders must be maintained by the division for various commodities and services. Persons desiring to sell commodities or provide services to the state may request a vendor registration application. Upon approval of the application by the division as meeting the requirements in part 1230.0150, subpart 20, the vendor's name must be placed on appropriate lists to receive solicitations. The name of a vendor who fails to respond to three consecutive solicitations may be removed from the vendor list. The name of the vendor so removed will be restored only through specific written request from the vendor.

History

• Statutory Authority: MS s 16B.04; 16B.07; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 11 SR 1784; 16 SR 194; 28 SR 499

Minn. R. 1230.0400 Advertised Solicitations

Subpart 1.

[Repealed, 16 SR 194]

Subp. 2. Solicitation conditions.

General terms and conditions applicable to all state purchases must be stated in the standard solicitation document. Special terms and conditions applicable to specific commodities or types of purchase must also be stated in the solicitation document. In the event of conflict between general terms and conditions and special terms and conditions, the special terms and conditions will govern.

Subp. 3.

[Repealed, 16 SR 194]

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.0500 Security

Subpart 1. Payment.

Each solicitation must set forth the security required by the division, if any. The security may be a bid bond or a security check, such as a certified check, cashier's check, or money order, made payable to "State of Minnesota" and must be made upon the condition or guarantee that in the event the responder's offer is accepted, the responder must enter into a contract in accordance with the solicitation. Solicitations may stipulate that a security check may also be held as supply security for delivery or acceptance of merchandise, or satisfactory completion of the contract. A successful responder may substitute a supply bond or an irrevocable letter of credit from a bank for a security check.

Subp. 2. Forfeit.

Bid bonds or security checks of successful responders constitute liquidated damages for failure of a responder to enter into a contract. Security checks of successful responders that are held as supply security constitute liquidated damages for failure of the successful responder to make delivery, to have merchandise accepted, or to satisfactorily complete the contract.

Subp. 3. Return.

Security checks of unsuccessful responders must be returned to the responder by placing them in the mail within five working days after an award is made. Security checks of successful responders must be returned upon receipt of required supply bond or payment and performance bonds. Security checks of successful responders that are held as supply security must be returned within five working days after delivery is completed and notification to the division that acceptance is made by the agency, or the contract is satisfactorily completed. No interest may be paid on any money held as security.

Subp. 4.

[Repealed, 28 SR 499]

Subp. 5.

[Repealed, 28 SR 499]

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.0600 Responder Errors

Prior to the date and time responses are due, any person may withdraw a response or any part of a bid by notifying the director in writing of the desire to withdraw, by appearing in person at the division office and withdrawing the response, or by an electronic writing or facsimile received by the director requesting withdrawal of the response.

Subsequent to the date and time responses are due, a person may withdraw a response or any part of a bid only upon a showing that an obvious error exists in the response. The showing and request for withdrawal must be made in writing to the director within a reasonable time after the opening of the responses and prior to the state's detrimental reliance on the response.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.0700 Receipt and Opening of Responses

Subpart 1. Treatment of responses to solicitations.

Upon receipt, all bids and proposals must be time stamped, showing the date and hour received. Responses must be opened publicly and read aloud in accordance with Minnesota Statutes, section 13.591, subdivision 3, at the time and place established in the solicitation. Bids and proposals received after the time set for the opening must not be opened or considered. Written notification of a late response must be provided to the responding vendor. The division must, at the vendor's request, return the unopened response to the vendor at the vendor's expense if the request is made within ten working days of the opening.

Subp. 2.

[Repealed, 16 SR 194]

Subp. 3. Rejection of responses.

The state may reject any or all responses or portions thereof. Responses must be rejected for good and sufficient cause, including but not limited to, abandonment of the project by the state, insufficient state funds, correction of a process error, disclosure or discovery of an organizational conflict of interest, or a determination that the responder is not a responsible vendor. A vendor whose response is rejected must be given notice of the rejection and the reason(s) for rejection of the response.

Subp. 4. Informalities and minor deficiencies.

The state reserves the right to waive minor deficiencies or informalities in responses. Minor informalities must be waived if, in the judgment of the director, or delegate, the best interest of the state would be served without prejudice to the rights of the other responders. Examples of minor deficiencies include, but are not limited to, omission of the title of the signatory; failure to furnish required catalog cuts; and minor detail omissions.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.0750 Organizational Conflicts of Interest

Subpart 1. Disclosure requirements.

A vendor who is aware of an actual or potential conflict of interest as defined in Minnesota Statutes, section 16C.02, subdivision 10a, prior to the submission of a response to a solicitation or who becomes aware of an actual or potential conflict of interest during the term of a contract shall disclose the following information to the director of the division:

A. the identity of the parties involved in the actual or potential conflict;

B. the facts that give rise to the actual or potential conflict; and

C. any measures the vendor proposes to avoid, mitigate, or neutralize the conflict if possible.

Subp. 2. Cooperation required.

In the event an actual or potential organizational conflict of interest is identified with respect to a pending or existing contract, the vendor shall cooperate with the director to explore potential measures to avoid, mitigate, or neutralize the conflict. These measures include, but are not limited to, amending the scope of work to exclude the tasks that give rise to the conflict or disclosing information for distribution to other responding vendors.

Subp. 3. Remedies.

If an organizational conflict of interest for a particular contract cannot reasonably be avoided, mitigated, or neutralized, a vendor may be disqualified from participation in the solicitation process for that contract. If the conflict is identified after the contract has become effective, the contract is subject to immediate cancellation. Pursuant to Minnesota Statutes, section 16C.04, subdivision 3, paragraph (b), the commissioner may waive the requirement to avoid, mitigate, or neutralize an organizational conflict of interest if vital operations of the state will be jeopardized. Vital operations include contracts relating to public health, welfare or safety, or contracts that are necessary to avoid a disruption in essential state functions.

Subp. 4. Public data.

Data generated under this part becomes public in accordance with Minnesota Statutes, section 13.591.

History

• Statutory Authority: MS s 16B.04; 16C.03; 16C.16; 16C.19
• History: 28 SR 499

Minn. R. 1230.0800 Award of Contracts

Award of contracts must be made in conformity with Minnesota Statutes and with no material variance from the terms and conditions of the solicitation document. Unless otherwise provided for by law, awards for all acquisitions, except building and construction contracts, must be based on best value. Building and construction contracts must be awarded in accordance with Minnesota Statutes, sections 16C.25 to 16C.29.

History

• Statutory Authority: MS s 16B.04; 16C.03; 16C.16; 16C.19
• History: 28 SR 499

Minn. R. 1230.0900 Tied Bids

Subpart 1. Resolving tied bids.

Tied low bids for less than $2,500 must be resolved by a coin toss among the tied low bidders, except as provided in subpart 2.

Except as provided in subpart 2, tied low bids for $2,500 or more must be referred to the director for disposition. The methods used to resolve tie bids may include requesting second pricing from the vendors or negotiating with the tied low bidders.

Subp. 2. Preference for Minnesota firms.

Whenever a tie involves a Minnesota firm and one whose place of business is outside the state of Minnesota, preference shall be given to the Minnesota firm.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.1000 Contract Performance

Subpart 1. Shipment.

The director or authorized agents of state agencies shall place orders with successful responders using official state contract documents. Upon award, shipment must be made in accordance with delivery instructions in the ordering document.

Subp. 2. Inspection.

The state may require that the vendor permit inspection of the goods prior to shipment at the factory, plant, or establishment where produced, manufactured, or stored. Unless provision for inspection is made in the solicitation, costs incurred must be paid by the state.

Subp. 3. Grounds for rejection.

All deliveries must conform to all terms, conditions, and specifications of the solicitation. Failure in this respect is cause for rejection of the goods. Goods that fail to comply with specifications, fail to conform to the vendor's sample, are not as provided on the purchase order, or arrive in an unsatisfactory condition must be rejected except as provided in subpart 7.

Subp. 4. Notice of rejection.

Notice of rejection, based upon apparent deficiencies disclosed by ordinary methods of inspection, must be given by the receiving agency to both vendor and the carrier (if f.o.b. shipping point) within a reasonable time after delivery, with a copy of this notice to the division. A revocation of acceptance for latent deficiencies that would make the goods unsatisfactory for the purpose intended must be given by the state within reasonable time after discovery. The contractor shall satisfactorily repair or replace such goods within a reasonable time.

Subp. 5. Removal of rejected goods.

The vendor shall remove at the vendor's expense any goods rejected by the state. If the vendor fails to remove the goods and instead forwards shipping instructions to the agency concerned, the state need not comply, but may sell the goods and remit the proceeds of sale, less the expense involved, in accordance with law, including, but not limited to, Minnesota Statutes, section 336.2-603.

Subp. 6. Replacing rejected goods.

If the needs of a state agency do not permit time to replace rejected goods, or if deliveries are not made within the time specified in the contract, the agency may, with the approval of the director, buy on the open market goods of the nature required. The vendor shall be liable for all additional costs and expenses.

Subp. 7. Adjusting price of nonconforming goods.

If it is determined that goods do not conform strictly to specifications, but can be used satisfactorily, the director, with written acquiescence of the vendor, may adjust the price and authorize the agency to keep and use that part of the order when it is determined by the director to be in the best interest of the state.

Subp. 8. Laboratory tests.

The director may require that a laboratory analysis or other tests be made to determine the acceptability of the delivered goods and to ensure that those goods meet specifications. When analyses or tests are required, acceptance by the state must not occur nor be deemed to have been made until testing is completed and affirmative results are obtained. Any discount time applicable begins after affirmative results are obtained. Vendors must be notified of unsatisfactory test results. Unless provisions for laboratory analysis or tests are contained within the solicitation document, costs incurred for them must be paid by the state.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.1100 Failure to Perform

Subpart 1. Penalties.

If a responder who is awarded a contract fails to perform as specified, the security as described in part 1230.0500, subpart 1, must be retained by the state as liquidated damages. The vendor may also be determined not to be a responsible vendor and may be subject to suspension or debarment pursuant to part 1230.1150. The state may also pursue all other remedies permitted by rule or provided by law.

If the security is in the form of a bond, the bonding company must be notified in writing of the default. A vendor awarded a contract who fails to enter into the contract may be determined not to be a responsible vendor regardless of whether security was required. The state may seek further damages and shall not be limited by the absence or existence of a bond. In all cases of default, the vendor may be determined not to be a responsible vendor and may be subject to suspension or debarment pursuant to part 1230.1150.

Subp. 2. Failure to furnish security.

After the award of a contract, if performance security is required and the vendor fails to furnish satisfactory performance security, the vendor shall be considered in default and subject to subpart 1.

Subp. 3. Types of failure to conform to contract requirements.

A vendor must be held in default for failure to conform to contract requirements, solicitation terms, conditions, and specifications, or standard commercial practices including, but not limited to, the following:

A. failure to make deliveries within the time specified in the contract; or

B. deliveries of goods or materials that do not conform to samples or specifications; or

C. delivery of goods or materials that are rejected; or

D. misbranding or materially misrepresenting goods or materials purchased under the contract.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 17 SR 1279; L 2003 c 112 art 2 s 50; 28 SR 499

Minn. R. 1230.1150 Authority to Debar or Suspend Vendors

Subpart 1. Suspension.

After written notice to the person involved and providing for a reasonable opportunity for that person to be heard, the director shall have the authority to suspend a person from eligibility to receive solicitations, the award of contracts, or selling any products or services to state agencies if the director determines that the person has engaged in an activity that might lead to debarment. A suspension must not exceed six months unless the vendor is proposed for debarment by the federal government and in that event, the suspension must not exceed the length of time necessary for the federal government to issue a final order.

Subp. 2. Debarment causes.

A. A person shall be debarred if one or more of the following occurs:

B. The following must occur in cases in which a vendor is debarred by other governmental entities:

Subp. 3. Written notice.

A written notice of debarment or suspension must be furnished to the affected parties and must:

A. state the reasons for the action taken;

B. give the length of time the vendor will be debarred or suspended; and

C. inform the debarred or suspended person of the person's rights to administrative and judicial review according to subpart 4.

Subp. 4. Suspension or debarment appeals.

If suspended or debarred, a person may file an appeal in writing with the commissioner of administration within 30 calendar days of receipt of a decision to suspend or debar. The commissioner shall, within 45 calendar days, decide whether the actions taken were according to statutes and regulations and were fair and in the best interest of the state.

Any person receiving an adverse decision from the commissioner may appeal in any appropriate court of the state.

Subp. 5. Length of debarment.

A vendor may be debarred from receiving solicitations and submitting responses for not less than one year, nor more than three years unless a longer time is in effect under subpart 2, item B, subitem (1). The length of the debarment must depend on the vendor's past performance, the number and seriousness of the current complaints, and the cost to the state associated with correcting the problem.

Subp. 6. Public list of debarred and suspended.

The division shall maintain a master list of all suspensions and debarments. The master list must retain all information concerning suspensions and debarments as a public record. The records must be maintained for at least three years following the end of a suspension or debarment. Such public information may be considered in responsible vendor determinations according to part 1230.0150, subpart 20.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.1175 Reinstatement and Probation

Subpart 1. Review of reinstatement applications.

The director shall review vendor applications for reinstatement.

Subp. 2. Application for reinstatement time limits.

A person who has been debarred may not seek reinstatement until one year from the end of the debarment period.

Subp. 3. Information in reinstatement application.

A request for reinstatement must be made to the director in writing and include:

A. all information necessary to qualify as a responsible vendor, as defined in part 1230.0150, subpart 20;

B. an explanation of the steps taken by the applicant to resolve the production, financial, or technical problems that caused its previous failure to perform;

C. evidence of successful completion of at least four other contracts, including contracts with two public entities in the same commodity class, field, or type of work; and

D. a written narrative outlining all steps taken to ensure that the cause for debarment has been corrected with appropriate supporting documentation.

Subp. 4. Actions following decision.

The director shall determine if the person can be reinstated as a responsible vendor and be added to the vendor list. If, after investigation, the applicant's request for reinstatement is denied, the person cannot reapply for reinstatement for one year from the date of denial. If reinstated, the applicant must be placed on the vendor list and be subject to a one-year probationary period.

Subp. 5. Probationary periods and conditions.

Vendor probationary periods apply to formally debarred persons who have been reinstated as responsible vendors.

The length of the probationary period is one year from the date of reinstatement.

During the probationary period, the party on probation must respond to all solicitations received from the division. An indication of an intent not to respond is considered a response for purposes of this subpart.

If a response from a vendor on probation is accepted and the vendor refuses to perform or enters into a contract and performance is substandard, the performance or supply bond, if any, will be retained and the vendor must be deemed not to be a responsible vendor and must be permanently removed from the vendor list.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.1180 Termination of Debarment or Award During Debarment

The commissioner may terminate a debarment by order or may award a contract to a debarred or suspended vendor when:

A. the vendor is the sole supplier of a material or service required by the state;

B. the commissioner determines that an emergency exists as defined in Minnesota Statutes, section 16C.10, subdivision 2; or

C. the commissioner determines that the vendor's ineligibility would cause the state undue hardship.

History

• Statutory Authority: MS s 16B.04; 16C.03; 16C.16; 16C.19
• History: 28 SR 499

Minn. R. 1230.1200 Contract Cancellation

The director may cancel a purchase or contract under any one of the following conditions including, but not limited to:

A. the vendor agrees to the cancellation;

B. the vendor has obtained the contract by fraud, collusion, conspiracy, or in conflict with any statutory or constitutional provision of the state of Minnesota;

C. failure to conform to contract requirements or standard commercial practices including, but not limited to, all instances of failure to perform in part 1230.1100, subpart 3;

D. the existence of an organizational conflict of interest is identified; or

E. funds are not appropriated or an appropriation is discontinued by the legislature for the acquisition.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499

Minn. R. 1230.1300 Rehabilitation Facility

Any rehabilitation facility wishing to apply to receive notice of available solicitations shall apply in writing to the director of the Minnesota Association of Community Rehabilitation Organizations.

History

• Statutory Authority: MS s 16B.04; 16C.03; 16C.16; 16C.19
• History: L 1988 c 689 art 2 s 268; 28 SR 499

Minn. R. 1230.1400 Purpose

Parts 1230.1400 to 1230.1910 are adopted pursuant to Minnesota Statutes, sections 16C.16 to 16C.21, for the purpose of governing procurement procedures relating to the programs for small businesses and socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small businesses. These programs are administered by the Office of State Procurement, Department of Administration, 50 Sherburne Avenue, Saint Paul, Minnesota 55155.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499; 42 SR 543

Minn. R. 1230.1450 Scope

In the event of irreconcilable conflict between the general procurement rules in parts 1230.0100 to 1230.1300 and 1230.1400 to 1230.1910, parts 1230.1400 to 1230.1910 shall govern. The definitions contained in part 1230.0150 apply in the administration of these programs.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499; 42 SR 543

Minn. R. 1230.1500 [Repealed, 16 SR 194]

[Repealed, 16 SR 194]

Minn. R. 1230.1600 Eligibility for Socially and Economically Disadvantaged, Economically Disadvantaged Area, or Veteran-Owned Small Business Program

Subpart 1. Eligible businesses.

The following businesses are eligible for participation in the socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business program: manufacturer, manufacturer's representative, dealer, jobber, distributor, contractor, and businesses engaged in a joint venture.

Subp. 2. Ineligible businesses.

The following businesses are not eligible for participation in the socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business program: brokers, third-party lessors, and franchises.

Subp. 3.

[Repealed, 42 SR 543]

Subp. 4. Definitions.

For purposes of parts 1230.1600 to 1230.1910, the following definitions apply.

A. "Assets" mean all the property of a person available for paying debts or for distribution, including the person's respective share of jointly held assets. This includes, but is not limited to, cash on hand and in banks, savings accounts, individual retirement accounts or other retirement accounts, accounts receivable, life insurance, stocks and bonds, real estate, and personal property.

B. "Contingent liability" means a liability that depends on the occurrences of a future and uncertain event. This includes, but is not limited to, guaranty for debts owed by the applicant business, legal claims and judgments, and provisions for federal income tax.

C. "Immediate family member" means father, mother, husband, wife, son, daughter, brother, sister, grandfather, grandmother, father-in-law, mother-in-law, sister-in-law, brother-in-law, and domestic partner and civil unions recognized under Minnesota law.

D. "Liabilities" mean financial or pecuniary obligations. This includes, but is not limited to, accounts payable, notes payable to a bank or others, installment accounts, mortgages on real estate, and unpaid taxes.

E. "Minnesota small business procurement program" or "program" refers to the programs described in parts 1230.1400 to 1230.1910.

F. "Personal net worth" means the net value of the assets of an individual remaining after total liabilities are deducted. An individual's personal net worth does not include the individual's ownership interest in an applicant or participating socially and economically disadvantaged or economically disadvantaged area small business or the individual's equity in the individual's primary place of residence. An individual's personal net worth includes only the individual's share of assets held jointly or as community property with the individual's spouse.

G. "Primary industry classification" means the most current NAICS designation as specified in the United States North American Industry Classification System Manual that best describes the primary enterprise of a business.

H. "Spouse" means a married person, including a person in a domestic partnership or a civil union recognized under Minnesota law.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499; 42 SR 543

Minn. R. 1230.1601 Certification Standards; Burdens of Proof

A. In determining whether to certify a business as eligible to participate as a socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business, the standards in this part apply.

B. The business seeking certification has the burden of demonstrating, by a preponderance of evidence, that it meets the requirements in parts 1230.1601 to 1230.1607.

C. Members of the designated groups identified in part 1230.1603, subpart 1, item A, are deemed to be socially and economically disadvantaged. In order to obtain the benefit of the determination, individuals must submit a signed, notarized statement that they are a member of one of the groups in part 1230.1603, subpart 1, item A. Applicants must provide the division information concerning their economic disadvantage status as required in part 1230.1603, subpart 1, item B.

History

• Statutory Authority: MS s 16C.19
• History: 42 SR 543

Minn. R. 1230.1602 Group Membership Determinations

A. If, after reviewing the signed, notarized statement of membership in a socially and economically disadvantaged group as described in part 1230.1601, item C, the individual's claim of membership in that group is questionable, the division may require that the individual submit additional evidence that the individual is a member of the group.

B. In making such a determination, the division must consider whether the person has identified as a member of the group over a significant period of time prior to applying for certification and whether the person is regarded as a member of the group by the relevant community. The division may require the applicant to produce appropriate documentation of group membership.

History

• Statutory Authority: MS s 16C.19
• History: 42 SR 543

Minn. R. 1230.1603 Social and Economic Disadvantage

Subpart 1. Presumption of disadvantage.

A. Citizens of the United States or lawfully admitted permanent residents who are women, persons with substantial physical disabilities, Native Americans, Black Americans, Hispanic Americans, Asian-Pacific Americans, subcontinent Asian Americans, or other minorities found to be disadvantaged by the SBA are deemed to be socially and economically disadvantaged individuals. Applicants must submit a signed, notarized certification that each deemed disadvantaged owner is, in fact, socially and economically disadvantaged.

B. (1) Each individual owner of a business applying to participate as a socially and economically disadvantaged or economically disadvantaged area small business whose ownership and control are relied upon for certification must certify that the individual has a personal net worth that does not exceed the limit in Code of Federal Regulations, title 49, subtitle A, part 26.

Subp. 2. Rebuttal of presumption of disadvantage.

An individual's presumption of economic disadvantage may be rebutted in two ways.

A. If the standard of personal net worth and supporting documentation that an individual submits under subpart 1, item B, shows that the individual's personal net worth exceeds the limit in Code of Federal Regulations, title 49, subtitle A, part 26, the individual's determination of economic disadvantage is rebutted. For example, an individual with very high assets and significant liabilities may, in accounting terms, have a personal net worth of less than the limit in Code of Federal Regulations, title 49, subtitle A, part 26. However, the person's assets collectively, including high income level, an expensive house, a yacht, and extensive real or personal property holdings, may lead a reasonable person to conclude that the individual is not economically disadvantaged. The individual's determination of economic disadvantage may be rebutted under these circumstances, as provided in this subpart, even though the individual's personal net worth is less than the limit in Code of Federal Regulations, title 49, subtitle A, part 26.

B. If the statement of personal net worth and supporting documentation an individual submits under subpart 1, item B, demonstrates that the individual is able to accumulate substantial wealth, the individual's determination of economic disadvantage is rebutted. Factors that may be considered in making this determination include, but are not limited to, the following:

Subp. 3. Transfers within two years.

A. Except as set forth in item B, any assets that an individual has transferred to an immediate family member, to a trust that has a beneficiary who is an immediate family member, or to the applicant business for less than fair market value, within two years prior to a business's application for participation in the socially and economically disadvantaged or economically disadvantaged area small business program or within two years of the business's certification, will be attributed to the individual claiming disadvantaged status, unless the individual claiming disadvantaged status can demonstrate that the transfer is to or on behalf of an immediate family member for that individual's education, medical expenses, or some other form of essential support.

B. Any assets transferred by an individual to an immediate family member that are consistent with the customary recognition of special occasions, such as birthdays, graduations, anniversaries, and retirements, will not be attributed to the individual claiming disadvantaged status.

History

• Statutory Authority: MS s 16C.19
• History: 42 SR 543

Minn. R. 1230.1604 Ownership

Subpart 1. Determination of ownership.

In determining whether the qualifying participants in a business own the business, all the facts in the record will be viewed as a whole, including the origin of all assets and how and when they were used in obtaining the business. All transactions for the establishment and ownership, or transfer of ownership, must be in the normal course of business, reflecting commercial and arms-length practices.

Subp. 2. Eligibility.

A. To be an eligible socially and economically disadvantaged or veteran-owned small business, a business must be at least 51 percent owned by socially and economically disadvantaged individuals or veterans, respectively.

B. To be an eligible economically disadvantaged area business, if the business is not located in an economically disadvantaged area, the business must be at least 51 percent owned by individuals who reside in an economically disadvantaged area.

Subp. 3. Proof of contribution.

A. The business's ownership by qualifying individuals, including their contribution of capital or expertise to acquire their ownership interests, must be real, substantial, and continuing, going beyond pro forma ownership of the business as reflected in ownership documents. Proof of contribution of capital should be submitted at the time of the application. When the contribution of capital is through a loan, there must be documentation of the value of assets used as collateral for the loan.

B. Insufficient contributions include a promise to contribute capital, an unsecured note payable to the business or an owner who is not a qualifying individual, mere participation in a business's activities as an employee, or capitalization not commensurate with the value of the business.

C. The qualifying owners must enjoy the customary incidents of ownership, and share in the risks and be entitled to the profits and loss commensurate with their ownership interests, as demonstrated by the substance, not merely the form, of arrangements. Any terms or practices that give a nonqualifying individual or business a priority or superior right to a business's profits, compared to the qualifying owner or owners, are grounds for denial.

D. Debt instruments from financial institutions or other organizations that lend funds in the normal course of business do not render a business ineligible, even if the debtor's ownership interest is security for the loan. For example:

Subp. 4. Securities and assets.

All securities that constitute ownership of a business shall be held directly by a qualifying owner. Except as provided in this subpart, no securities or assets held in trust, or by any guardian for a minor, are considered as held by a qualifying individual in determining the ownership of a business. However, securities or assets held in trust are regarded as held by a qualifying individual for purposes of determining ownership of the business if:

A. the beneficial owner of securities or assets held in trust is a qualifying individual, and the trustee is the same or another such individual; or

B. the beneficial owner of a trust is a qualifying individual who, rather than the trustee, exercises effective control over management and policy making or daily operational activities of the business. Assets held in a revocable living trust may be counted only in the situation where the same qualifying individual is the sole grantor, beneficiary, and trustee.

Subp. 5. Contributions.

The contributions of capital or expertise by the qualifying individuals to acquire ownership interests must be real and substantial. Examples of insufficient contributions include a promise to contribute capital, an unsecured note payable to the business or an owner who is not a qualifying individual, or mere participation in a business's activities as an employee. Debt instruments from financial institutions or other organizations that lend funds in the normal course of business do not render a business ineligible, even if the debtor's ownership interest is security for the loan.

Subp. 6. Contribution requirements.

The following requirements apply to situations in which expertise is relied on as part of a qualifying individual's contribution to acquire ownership.

A. The owner's expertise must be:

B. The individual whose expertise is relied upon must have a significant financial investment in the business.

Subp. 7. Business interests or other assets.

For purposes of determining ownership, all interests in a business or other assets obtained by the individual under the following circumstances will be deemed as held by a qualifying individual:

A. as the result of a final property settlement or court order in a divorce or legal separation, provided that no term or condition of the agreement or divorce decree is inconsistent with this part; or

B. through inheritance, or otherwise upon the death of the former owner.

Subp. 8. Gift or transfer interest.

A. For purposes of determining ownership, all interests in a business or other assets obtained by the individual as the result of a gift, or transfer without adequate consideration, are not held by a qualifying individual if they were obtained from any nonqualifying individual or nonqualifying business that is:

B. To overcome this determination and permit the interests or assets to be counted, the qualifying individual must demonstrate, by clear and convincing evidence, that:

Subp. 9. Marital assets.

The division must apply the following rules in situations in which marital assets form a basis for ownership of a business.

A. When marital assets, other than the assets of the business in question, held jointly or as community property by both spouses, are used to acquire the ownership interest asserted by one spouse, the ownership interest in the business is deemed to have been acquired by that spouse with the spouse's own individual resources, provided that the other spouse irrevocably renounces and transfers all rights in the ownership interest in the manner sanctioned by the laws of the state in which either spouse or the business is domiciled. A greater portion of joint or community property assets will not be counted toward ownership than state law would recognize as belonging to the qualifying owner or the applicant business.

B. A copy of the document legally transferring and renouncing the other spouse's rights in the jointly owned business or community assets used to acquire an ownership interest in the business must be included as part of the business's application for certification.

Subp. 10. Factors used to determine ownership.

The following factors shall be considered in determining the ownership of a business. A contribution of capital is not regarded as failing to be real and substantial, and a business shall not be found ineligible, solely because:

A. a qualifying individual acquired the individual's ownership interest as the result of a gift, or transfer without adequate consideration, other than the types specified in subpart 8;

B. there is a provision for the cosignature of a nonqualifying spouse on financing agreements, contracts for the purchase or sale of real personal property, bank signature cards, or other documents; or

C. ownership of the business in question or its assets is transferred for adequate consideration from a nonqualifying spouse to a qualifying spouse. In this case, particularly close and careful scrutiny shall be given to the ownership and control of a business to ensure that it is owned and controlled, in substance as well as in form, by a qualifying individual.

History

• Statutory Authority: MS s 16C.19
• History: 42 SR 543

Minn. R. 1230.1605 Operating Control

A. In determining whether qualifying owners control a business, all the facts in the record will be considered and viewed as a whole.

B. Only an independent business may be certified as a socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business. An independent business is one in which the viability does not depend on its relationship with another business or businesses.

C. A socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business must not be subject to any formal or informal restrictions that limit the customary discretion of qualifying owners. There must not be any restrictions through corporate charter provisions, bylaw provisions, contracts, or any other formal or informal devices including cumulative voting rights, voting powers attached to different classes of stock, employment contracts, requirements for concurrence by nonqualifying partners, conditions precedent or subsequent, executory agreements, voting trusts, or restrictions on or assignments of voting rights, that prevent qualifying owners, without the cooperation or vote of any nonqualifying individual, from making any business decision of the business. This item does not preclude a spousal cosignature on documents as provided for in part 1230.1604, subpart 10, item B.

D. The qualifying owners must possess the power to direct or cause the direction of the management and policies of the business and to make day-to-day as well as long-term decisions on matters of management, policy, and operations.

E. Nonqualifying individuals or immediate family members may be involved in a socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business as owners, managers, employees, stockholders, officers, and directors. These individuals must not possess or exercise the power to control the business or be disproportionately responsible for the operation of the business.

F. The qualifying owners of the business may delegate various areas of management and policy making or daily operations of the business to other participants in the business, regardless of whether these participants are qualifying individuals. These delegations of authority must be revocable, and the qualifying owners must retain the power to hire and fire any person to whom such authority is delegated. The managerial role of the qualifying owners in the business's overall affairs must be such that it can be reasonably concluded that the qualifying owners actually exercise control over the business's operations, management, and policy.

G. The qualifying owners must have an overall understanding of, and managerial and technical competence and experience directly related to, the type of business in which the business is engaged and the business's operations. The qualifying owners are not required to have experience or expertise in every critical area of the business's operations, or to have greater experience or expertise in a given field than managers or key employees. The qualifying owners must have the ability to intelligently and critically evaluate information presented by other participants in the business's activities and to use this information to make independent decisions concerning the business's daily operations, management, and policy making. Generally, expertise limited to office management, administration, or bookkeeping functions unrelated to the principal business activities of the business is insufficient to demonstrate control.

H. If Minnesota or local law requires the owners to have a particular license or other credential in order to own or control a certain type of business, then the qualifying individuals who own and control a potential socially and economically disadvantaged or veteran-owned small business of that type must possess the required license or credential. If Minnesota or local law does not require a license or credential to own or control a business, certification will not be denied solely on the grounds that the owner lacks the license or credential. However, the division may take into account the absence of the license or credential as one factor in determining whether the qualifying owners actually control the business.

I. (1) Differences in remuneration between the qualifying owners and other participants in the business may be considered in determining whether to certify a business as a socially and economically disadvantaged or veteran-owned small business. Such consideration shall be in the context of the duties of the persons involved, normal industry practices, the business's policy and practice concerning reinvestment of income, and any other explanations from the business for the differences. It may be determined that a business is controlled by its qualifying owner although that owner's remuneration is lower than that of some other participants in the business.

J. In order to be viewed as controlling a business, a qualifying individual cannot engage in outside employment or other business interests that conflict with the management of the business or prevent the individual from devoting sufficient time and attention to the affairs of the business to control its activities. Absentee ownership of a business and part-time work in a full-time business are not viewed as constituting control. An individual could be viewed as controlling a part-time business that operates only on evenings and weekends if the individual controls it all the time it is operating.

K. (1) A qualifying individual may control a business even though one or more of the individual's immediate family members who are nonqualifying individuals participate in the business as a manager, employee, or owner, or in another capacity. Except as otherwise provided in this item, a judgment about the control the qualifying owner must exercise in relation to other persons involved in the business must be made without regard as to whether or not the other persons are immediate family members.

L. When a nonqualifying individual who may or may not be an immediate family member transfers ownership and control of a business to a qualifying individual, and the nonqualifying individual remains involved with the business in any capacity, there is a rebuttable presumption of control by the nonqualifying individual unless the qualifying individual now owning the business demonstrates, by clear and convincing evidence, that:

M. In determining whether a business is controlled by qualifying owners, whether the business owns equipment necessary to perform its work will be considered. Where leasing equipment is a normal industry practice and the lease does not involve a relationship with a prime contractor or other party that compromises the independence of the business, the business may be determined to be controlled by qualifying individuals.

N. A business shall be granted certifications only for specific types of work in which qualifying owners have the ability to control the business. To become certified in an additional type of work, the business must demonstrate that its qualifying owners are able to control the business with respect to that type of work. The qualifying owner's control of the business in the additional type of work must be verified.

O. A business operating under a franchise or license agreement may be certified if it meets the standards in this part and the franchiser or licenser is not affiliated with the franchisee or licensee. In determining whether affiliation exists, restraints relating to standardized quality, advertising, accounting format, and other provisions imposed on the franchisee or licensee by the franchise agreement or license should not be considered, provided that the franchisee or licensee has the right to profit from its efforts and bears the risk of loss commensurate with ownership. Alternatively, even though a franchisee or licensee may not be controlled by virtue of such provisions in the franchise agreement or license, affiliation could arise through other means, such as common management or excessive restrictions on the sale or transfer of the franchise interest or license.

P. In order for a partnership to be controlled by qualifying individuals, any nonqualifying partners must not have the power without the specific written concurrence of the qualifying partner or partners to contractually bind the partnership or subject the partnership to contract or tort liability.

Q. The qualifying individuals controlling a business may use an employee leasing company. The use of such a company does not preclude the qualifying individuals from controlling their businesses if they continue to maintain an employer-employee relationship with the leased employees. This includes being responsible for hiring, firing, training, assigning, and otherwise controlling the on-the-job activities of the employees, as well as ultimate responsibility for wage and tax obligations related to the employees.

History

• Statutory Authority: MS s 16C.19
• History: 42 SR 543

Minn. R. 1230.1606 Other Rules Affecting Certification

A. (1) The eligibility of a business must be evaluated on the basis of present circumstances. A business must not be denied certification based solely on historical information indicating a lack of ownership or control of the business by qualifying individuals in the past if the business currently meets the ownership and control standards of parts 1230.1601 to 1230.1607.

B. Certified socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small businesses and businesses seeking certification as socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small businesses shall cooperate fully with requests for information relevant to the certification process. Failure or refusal to provide such information is grounds for removal or denial of certification.

C. Except in the case of rehabilitation facilities and extended employment providers, only businesses organized for profit may be eligible.

D. An eligible socially and economically disadvantaged or veteran-owned small business must be owned by individuals who are socially and economically disadvantaged or by veterans, respectively. Except as provided in this item, a business that is not owned by such individuals, but instead is owned by another business, including a socially and economically disadvantaged or veteran-owned small business, is not an eligible socially and economically disadvantaged or veteran-owned small business.

E. Recognition of a business as a separate entity for tax or corporate purposes is not necessarily sufficient to demonstrate that a business is an independent business, owned and controlled by qualifying individuals.

F. Socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small businesses may not be required to be prequalified as a condition for certification.

G. A business that is owned by an Indian tribe rather than by Native Americans as individuals may be eligible for certification. Such a business must be controlled by qualifying individuals, as provided in parts 1230.1601 to 1230.1607.

History

• Statutory Authority: MS s 16C.19
• History: 42 SR 543

Minn. R. 1230.1607 Otherwise Disadvantaged Businesses

A. An individual business that is not a targeted group business but is owned by a socially and economically disadvantaged person, as defined in part 1230.0150, subpart 24, may be included as a targeted group business if the division determines that inclusion is necessary to remedy discrimination against the owner based on race, gender, or disability in attempting to operate a business that would provide goods or services to public agencies. The business must demonstrate that it is encountering the effects of discrimination as evidenced by the owner lacking adequate external support necessary to operate a competitive business enterprise through a diminished ability to secure:

B. In addition, for certification under item A, the information in this item must be provided for the most recent fiscal year and the preceding four years, if the applicant has operated as a business for four years. The applicant must identify the fiscal-year reporting system used and list in whole dollar amounts:

C. If the business seeking certification under item A is a contractor, the information in item B must be submitted in all categories except as modified as follows:

D. In separate schedules, all applicants applying under item B or C should show the amounts attributable to depreciation, depletion, amortization, interest income, interest expenses, officers' compensation, and miscellaneous income shown as passive or nonpassive income. A schedule of leased assets with a brief description of type and dollar value must be submitted. A brief outline describing shareholders equity must be submitted, when applicable, for the type of company organization. In addition, supportive documentation must be submitted when seeking certification under various provisions as follows:

E. Denials of certification under this part are subject to appeal under part 1230.1700, subpart 6.

History

• Statutory Authority: MS s 16C.19
• History: 42 SR 543

Minn. R. 1230.1608 Procedures

A. Eligibility of businesses as socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small businesses must be determined consistent with the standards of parts 1230.1601 to 1230.1607.

B. The following documentation and information must be provided in determining whether a socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business meets the standards of parts 1230.1601 to 1230.1607:

C. When seeking certification under any provision of item A, or any certification provision, the applicant shall provide all other relevant or supporting information requested by the division.

D. The applicant must attest to the accuracy and truthfulness of the information on the application form. This must be done either in the form of a signed, notorized affidavit or in the form of an unsworn declaration executed under penalty of law.

E. All information on the form must be reviewed prior to making a decision about the eligibility of the business. Clarification of information contained in the application may be requested at any time in the application process.

F. A certified business must inform the commissioner in writing of any change in circumstances affecting its ability to meet the requirements of parts 1230.1601 to 1230.1607 or any material change in the information provided in its application form.

G. If an applicant for certification withdraws an application before a decision on the application has been issued, the applicant can resubmit the application at any time.

History

• Statutory Authority: MS s 16C.19
• History: 42 SR 543

Minn. R. 1230.1609 Denials of Requests for Certification

A. When a request to be certified as a socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business is denied, a written explanation of the reasons for the denial must be provided to the applicant, specifically referencing the evidence in the record that supports each reason for the denial. All documents and other information on which the denial is based must be made available to the applicant on request.

B. When a business is denied certification, 12 months must lapse before the business may reapply for certification. The time period for reapplication begins to run on the date the explanation required by item A is received by the applicant. An applicant's appeal of the decision does not extend this period.

C. When an administratively final denial of certification is made concerning a business, the business may appeal the denial pursuant to part 1230.1700, subpart 6.

History

• Statutory Authority: MS s 16C.19
• History: 42 SR 543

Minn. R. 1230.1700 Certification of Eligibility

Subpart 1.

[Repealed, 42 SR 543]

Subp. 2.

[Repealed, 16 SR 194]

Subp. 3.

[Repealed, 16 SR 194]

Subp. 4.

[Repealed, 28 SR 499]

Subp. 5. Grounds for denying application.

An applicant must be notified in writing of the acceptance or denial of the application, within 60 calendar days of receipt of the application form and all supporting documents required by the division. An application must be denied on any of the following grounds:

A. the applicant is dominant in its field of operation or is an affiliate or subsidiary of a business dominant in its field of operation;

B. the applicant has failed to provide all relevant required information;

C. the applicant failed to establish that majority ownership and day-to-day operating control are held by qualifying individuals;

D. the applicant has failed to comply with laws and rules of the state relating to procurement;

E. the applicant has intentionally or negligently falsified application information;

F. the applicant is a broker and/or third-party lessor or operates as a franchiser or franchisee;

G. the applicant's principal place of business is not in Minnesota;

H. ownership of the applicant's business is shared with a previously certified participant who was removed from the vendor list or directory of certified businesses by operation of Minnesota Statutes, section 16C.19, paragraph (c), and part 1230.1850; and

I. the applicant's financial data profile does not fit within the parameters in subpart 5a, item C, when applying as an individual business under part 1230.1607.

Subp. 5a. Criteria for determinations.

A. In addition to the standards in parts 1230.1604 and 1230.1605, the following circumstances will be given special consideration in determining eligibility:

B. The combined gross sales or revenues from businesses operated by the same owners in related fields exceed the highest size standard for the field defined under Minnesota Statutes, section 16C.16, subdivision 2.

C. The following standards, along with supporting documentation, must be used in reaching a determination to certify an applicant under part 1230.1607:

D. Businesses seeking certification that operate in distinctly defined commodities, construction services, or product lines must be reviewed for certification under those distinctions. If the company operates in more than one classification, the review must be made under the primary industry segment if 75 percent or more of its net sales or contract revenues are generated by that segment. The business may seek certification for individual product, service, commodity, or construction activities if 25 percent or more of its net sales or contract revenues is generated by a given category. All other financial data required by this application process must be proportionately attributed to the categories for which certification is sought unless it can be conclusively demonstrated that the dollar amounts shown are directly attributable to specific elements. If the company is unable to provide the breakdown of financial data requested by this rule, it shall accept or request certification under the predominant category in its operation.

Subp. 6. Appeal of denial of application.

After an applicant has received written notice of denial of the application for certification as a socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business, the applicant may appeal the decision in writing to the commissioner of administration within 15 calendar days of receipt of the determination. The applicant has the burden of proof in establishing qualifications for certification. The commissioner shall, if time permits, refer the appeal to a panel designated by the commissioner, for a recommendation before reaching a final decision. If there are facts in dispute, the commissioner may refer the matter to the Office of Administrative Hearings for a contested case hearing under Minnesota Statutes, sections 14.57 to 14.62, or, if feasible, may affirm or reject the decision. The commissioner shall make a final decision in writing within 60 calendar days of receipt of the appeal. Any person receiving an adverse decision from the commissioner may appeal in any appropriate court of the state.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; L 1994 c 483 s 1; L 2003 1Sp4 s 1; 28 SR 499; L 2005 c 112 art 2 s 41; 42 SR 543

Minn. R. 1230.1800 [Repealed, 16 SR 194]

[Repealed, 16 SR 194]

Minn. R. 1230.1805 Procurements from Socially and Economically Disadvantaged, Economically Disadvantaged Area, and Veteran-Owned Small Businesses

Subpart 1. Directory.

A directory of certified businesses must be established and maintained by the division for various commodity classes.

Subp. 2. Manufacturers representatives.

Manufacturers representatives shall have written agreements with manufacturers or manufacturers' authorized distributors to sell the products of the manufacturers in place and approved by the division at the time responses are due in order to be eligible for consideration for award under parts 1230.1810 to 1230.1830.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499; 42 SR 543

Minn. R. 1230.1810 Proportional Utilization of Targeted Group, Economically Disadvantaged Area, and Veteran-Owned Small Businesses

The division shall attempt to achieve utilization of targeted group, economically disadvantaged area, and veteran-owned small businesses in proportion to their representation in the state's market area. In so doing, the division may use either of the following purchasing methods for making awards to businesses designated by the commissioner as targeted group, economically disadvantaged area, or veteran-owned small businesses.

A. When it is likely that three responses will be obtained from certified targeted group, economically disadvantaged area, or veteran-owned small businesses, the solicitation may be set aside for responses only from those businesses.

B. A certified targeted group, economically disadvantaged area, or veteran-owned small business may be awarded up to a six percent preference in the amount offered over the lowest responsible offer from another vendor.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499; 42 SR 543

Minn. R. 1230.1820 Required Subcontracting for Construction or Professional or Technical Services

Subpart 1. Goal setting.

The division may set goals that require prime contractors to subcontract a portion of any contract for construction or professional or technical services to targeted group, economically disadvantaged area, or veteran-owned small businesses.

A. Goals for subcontracting will depend on the type of work involved, location of project, size of project, and the availability of certified, willing, and able targeted group, economically disadvantaged area, or veteran-owned small businesses open to subcontracts from the prime contractor.

B. Credit toward the goal established for the contract shall be at 100 percent for subcontractors who provide labor, materials, and supplies and at 60 percent for subcontractors who provide supplies and materials only.

Subp. 2. Subcontracting.

No contractor receiving a subcontract under this program shall in turn subcontract more than 25 percent of the contract dollar amount. A targeted group, economically disadvantaged area, or veteran-owned small business may exceed the 25 percent limitation if the awarded subcontract is to another targeted group, economically disadvantaged area, or veteran-owned small business certified under the same eligibility criteria.

Subp. 3. Waivers.

Prime contractors may obtain waivers from the normal subcontracting goals according to the following procedure:

A. The prime contractor may request a waiver for some or all specialties based on a documented unsuccessful effort to obtain certified targeted group, economically disadvantaged area, or veteran-owned subcontractors. The request for waiver must be accompanied by documentation showing the effort and steps taken to secure certified targeted group, economically disadvantaged area, or veteran-owned subcontractors.

B. A prime contractor may request a waiver for a specific specialty if a certified targeted group, economically disadvantaged area, or veteran-owned subcontractor cannot or will not fulfill a subcontract and no suitable alternative subcontractor is available so as to prevent significant project delay.

Subp. 4. Incentives and penalties.

Solicitation documents must state whether or not the incentive rule applies for the project being solicited. If so:

A. Prime contractors who exceed the established goal on a given project for use of certified targeted group, economically disadvantaged area, or veteran-owned subcontractors by more than three percent may be awarded a financial incentive over and above the awarded project price, the incentive to be determined in the following manner:

B. Prime contractors who have been awarded a contract and fail to meet the project goal for certified targeted group, economically disadvantaged area, or veteran-owned subcontractor use without approved waiver shall be penalized up to six percent of the total project value, not to exceed $60,000. The penalty to be assessed will be proportionate to the actual underuse of certified targeted group, economically disadvantaged area, or veteran-owned subcontractors as compared to the project goal. The contractor involved shall be notified in writing of the proposed penalty and the reasons for the penalty. Within 15 calendar days of receipt of the notice the contractor may request a hearing before the director or the director's designee. The director may uphold, modify, or reject the penalty. The decision of the director may be appealed within 30 calendar days to the commissioner. If there are facts in dispute, the commissioner may refer the matter to the Office of Administrative Hearings for a contested case hearing under Minnesota Statutes, sections 14.57 to 14.62, or, if feasible, may affirm or reject the director's decision. Any person receiving an adverse decision from the commissioner may appeal in any appropriate court in this state.

C. If required in a solicitation, prime contractors who fail to meet the project goal without waiver for a project to be awarded and are the apparent low responder shall have a penalty of up to six percent, not to exceed $60,000, added to their total price when other prime contractors have submitted responses that meet the specified subcontracting goal. The penalty to be added must be proportionate to the underuse determined in the response as compared to the announced project goal.

D. The formula to be utilized in the application of this subpart is: Penalty (to be added to the response) = maximum penalty x (underuse ÷ project goal).

E. The division may cancel solicitations and resolicit the project when no responses meet the announced goal and the evidence available to the division indicated sufficient responsible certified targeted group, economically disadvantaged area, or veteran-owned subcontractors are willing and able to do the work.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499; 42 SR 543

Minn. R. 1230.1830 [Repealed, 42 SR 543]

[Repealed, 42 SR 543]

Minn. R. 1230.1850 Removal from Minnesota Small Business Procurement Program

Subpart 1. Removal for failure to fulfill contract.

A business may be removed from the certified directory and the vendor list and may be ineligible to be awarded contracts when it fails to satisfactorily fulfill the terms and conditions of a contract as specified in parts 1230.1000 and 1230.1100.

Subp. 2. Reinstatement.

An otherwise eligible business that was removed under subpart 1 may apply for reinstatement and participation in the preference program according to part 1230.1175.

Subp. 3. Removal from the Minnesota small business procurement program when a business no longer qualifies.

A business must be removed from the Minnesota small business procurement program when the business no longer qualifies for the programs under Minnesota Statutes, sections 16C.16 to 16C.19, and parts 1230.1400 to 1230.1910. Notice of removal and the reasons for removal must be given in writing to the business by the division. Removal is effective upon receipt of the notice by the business. When removal is for loss of status as an economically disadvantaged area, the business remains eligible for 120 calendar days after certified small businesses in the area are notified of the termination of the status by the division.

Subp. 4. Appeal of removal.

When a business is removed from the Minnesota small business procurement program under subpart 3, the business may appeal the removal and disqualification to the commissioner of administration in writing within 15 calendar days of the receipt of the notice of removal. Receipt of the appeal must be acknowledged by the commissioner in writing within 15 calendar days of receipt. The commissioner shall request that the business choose either an informal review of the disqualification under subpart 4a or a formal review under subpart 4b if facts of the matter are in dispute. If a business fails to choose either an informal or formal review within 15 calendar days of the receipt of the commissioner's request, the right to appeal lapses.

Subp. 4a. Informal review of removal.

A panel designated by the commissioner, shall consider whether the decision to remove a business from the socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business program was reasonable and whether the removal is in compliance with subpart 3. The panel will review the facts presented by the business and the division. Within 60 calendar days of receipt of a request for review, the panel shall recommend that the commissioner take one of the following actions:

A. reinstate the business to the socially and economically disadvantaged, economically disadvantaged area, or veteran-owned small business program;

B. affirm the removal of the business; or

C. refer the matter to the Office of Administrative Hearings for a contested case hearing under Minnesota Statutes, sections 14.57 to 14.62. The recommendation to the commissioner must be in writing and include the reasons for the decision. The commissioner shall consider the recommendation and make a final decision on the matter within 15 calendar days of receiving the recommendation. The commissioner shall include written reasons for the decision.

Subp. 4b. Formal review of removal.

Within 30 calendar days after a request by the business or panel for formal review, the commissioner will initiate a contested case hearing under Minnesota Statutes, sections 14.57 to 14.62, by filing a request for assignment of an administrative law judge with a notice of an order for hearing. When the commissioner receives the report of the administrative law judge, the commissioner shall forward the report to the council or panel for review, and the council or panel shall, within 45 calendar days, make a recommendation. The commissioner shall make a final decision on each appeal. Any person receiving an adverse decision from the commissioner may appeal in any appropriate court of this state.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499; 42 SR 543

Minn. R. 1230.1860 Limits to Program Participation

To ensure equitable distribution of awards and reduce the dependency of any given business on state awards for a major part of its annual revenues, the following limitations apply:

A. [Repealed, L 1999 c 232 s 2]

B. Eligibility for set-aside or preference for a specific business participating in the Minnesota small business procurement program must be terminated when the review of financial statements or the cumulative record of awards compiled by the division from reports submitted by agencies covered under the statute indicate that any of the following conditions exist:

C. No business may participate in the Minnesota small business procurement program indefinitely. A business shall graduate from the program when one of the following circumstances exists:

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; L 1999 c 232 s 2; 28 SR 499; 42 SR 543

Minn. R. 1230.1900 General Terms and Conditions

Subpart 1. Inability to perform.

An eligible business that finds it cannot produce, supply, or construct according to the terms and conditions of a contract shall immediately notify the division in writing of the reasons therefore. When the commissioner determines that the business is unable to perform for the reasons stated, the division shall notify the Department of Employment and Economic Development so that the commissioner of employment and economic development can assist the small business in attempting to remedy the causes of the inability to perform. The division shall notify the business of the referral to the Department of Employment and Economic Development and the notice must include a statement that any records of the Department of Employment and Economic Development in assisting the small business may be discoverable in a contested case or judicial procedure. Failure to enter into a contract, to accept an offered award, or to satisfactorily complete a contract for documented reasons beyond its control will not automatically disqualify a business from future participation in the solicitation process.

A. The division may, if circumstances permit, delay an award or completion of a contract to allow the commissioner of the Department of Employment and Economic Development to provide assistance or to allow the business to remedy the business's inability to perform. If the division decides that delay is inappropriate because of the nature of the bid or contract, the division may seek other solutions. The decision to proceed shall not be prejudicial to the record of the business in question.

B. Failure of the business in question to reasonably cooperate with either the division or the Department of Employment and Economic Development shall be considered a failure to fulfill the terms of a contract and shall be handled according to parts 1230.1000 and 1230.1100. The records of the division shall document the actions taken relative to each case of inability to perform handled under this subpart.

Subp. 2.

[Repealed, 16 SR 194]

Subp. 3.

[Repealed, 16 SR 194]

Subp. 4.

[Repealed, 16 SR 194]

Subp. 5. Dividing solicitations.

The director of the division shall divide solicitations by dollar amounts, units of production, or duration of contract to facilitate awarding set-aside or preference contracts where economically feasible.

Subp. 6.

[Repealed, 16 SR 194]

Subp. 7. Reporting requirements.

The following reporting requirements apply to the Minnesota small business procurement program:

A. Businesses eligible to participate in the program shall, within 30 calendar days of a request by the division, verify information on file with the division for that business, make any necessary changes, and submit a complete financial statement and personal net worth statement to the division. The information on file with the division will include:

B. Failure to provide the information required by item A may result in removal of the noncomplying business from the Minnesota small business procurement program.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: L 1983 c 289 s 115 subd 1; L 1987 c 312 art 1; 16 SR 194; L 2003 1Sp4 s 1; 28 SR 499; 42 SR 543

Minn. R. 1230.1905 Notice of Changes

All businesses shall notify the division in writing of any changes in information submitted in an application for certification or attached information within 30 calendar days of the changes. This section applies to changes in information occurring at any time and is not limited to changes occurring while an application is pending approval.

History

• Statutory Authority: MS s 16B.04; 16C.03; 16C.16; 16C.19
• History: 28 SR 499

Minn. R. 1230.1910 Professional and Technical Procurements

Subpart 1. Applicability.

Parts 1230.1400 to 1230.1910 apply to the award of professional and technical procurements under Minnesota Statutes, section 16C.16, subdivision 3.

Subp. 2. Awards.

Division certification is not required for individuals who provide consultant, professional, or technical services and who are not organized as a business, corporation, partnership, proprietorship, or other recognized business structure. An individual person may be awarded contracts under Minnesota Statutes, section 16C.16, provided that the contracting agency maintains records stating that the individual meets the terms governing socially and economically disadvantaged persons, economically disadvantaged area persons, or veterans established in part 1230.0150, subparts 24, 26, and 28, and reports the awards in the format required by the division.

History

• Statutory Authority: MS s 16B.04; 16B.18; 16B.19; 16B.22; 16C.03; 16C.16; 16C.19
• History: 16 SR 194; 28 SR 499; 42 SR 543

Minn. R. 1230.2000 [Repealed, 16 SR 194]

[Repealed, 16 SR 194]

Minn. R. 1230.2100 [Repealed, 16 SR 194]

[Repealed, 16 SR 194]

Minn. R. 1230.2200 [Repealed, 16 SR 194]

[Repealed, 16 SR 194]

Minn. R. 1230.2300 [Repealed, 16 SR 194]

[Repealed, 16 SR 194]

Minn. R. 1230.3000 Scope

Parts 1230.3000 to 1230.4300 apply to all Mn/DOT contracts.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.3100 Definitions

Subpart 1. Scope.

The terms used in parts 1230.3000 to 1230.4300 have the meanings given them in this part.

Subp. 2. Administrative law judge.

"Administrative law judge" means a person appointed under Minnesota Statutes, section 14.48 or 14.49, and assigned under Minnesota Statutes, section 14.50, to hear contested cases.

Subp. 3. Business.

"Business" means a sole proprietor doing business as a contractor, subcontractor, or supplier, or a partnership, association, corporation, or other entity formed for the purpose of doing business as a contractor, subcontractor, or supplier.

Subp. 4. Commissioner.

"Commissioner" means the commissioner of the Department of Administration.

Subp. 5. Contract crime.

"Contract crime" means a violation of state or federal antitrust law, fraud, theft, embezzlement, bribery, forgery, misrepresentation, making false statements, falsification or destruction of records, or other criminal offense in connection with obtaining, attempting to obtain, or performing a public or private contract or subcontract.

Subp. 6. Contractor.

"Contractor" means a person to whom the Minnesota commissioner of transportation has awarded a Mn/DOT contract for which competitive bids are required or taken.

Subp. 7. Conviction.

"Conviction" has the meaning given to it in Minnesota Statutes, section 609.02, subdivision 5.

Subp. 8. Debar.

"Debar" means to disqualify under parts 1230.3100 to 1230.4300 from entering into or receiving a Mn/DOT contract or from serving as a subcontractor or material supplier under a Mn/DOT contract.

Subp. 9. Mn/DOT contract.

"Mn/DOT contract" means a written instrument:

A. containing the elements of offer, acceptance, and consideration to which the Minnesota Department of Transportation is a party, or acts as an agent for a party under Minnesota Statutes, section 161.36, subdivisions 2 and 3, 360.016, subdivisions 2 and 3, or 360.039, subdivisions 2 and 3;

B. for which competitive bids are required or taken; and

C. which is subject to the approval of the commissioner.

Subp. 10. Person.

"Person" means a natural person or a business.

Subp. 11. Principal.

"Principal" means an officer, director, or partner, or an employee or shareholder engaged in management of the business.

Subp. 12. Suspend.

"Suspend" means to temporarily disqualify from entering into or receiving a Mn/DOT contract or from serving as a subcontractor or material supplier under a Mn/DOT contract.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.3200 Grounds for Debarment

Subpart 1. Contract crime.

A business must be debarred upon conviction in any jurisdiction, of the business or a principal of the business, for commission of a contract crime or when a conviction is imputed to the business under part 1230.3300.

Subp. 2. Violation of antitrust laws.

A business must be debarred upon conviction in any jurisdiction, of the business or a principal of the business, for violating Minnesota Statutes, sections 325D.49 to 325D.66, or federal antitrust laws, or when a conviction is imputed to the business under part 1230.3300.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.3300 Conviction of Person Imputed to Business

The conviction of a person for offenses listed in part 1230.3200 is imputed to a business when the conduct which gave rise to the conviction occurred in connection with the person's performance of duties for or on behalf of that business and in the course of employment or with the knowledge, approval, acquiescence, or subsequent ratification of the conduct by the business.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.3400 Debarment Procedure

Subpart 1. Requirement.

A business must be debarred by the Minnesota Department of Transportation when one or more of the grounds set forth in part 1230.3200 are established at a hearing or opportunity for hearing conducted under Minnesota Statutes, chapter 14.

Subp. 2. Three-year limitation.

A debarment or a suspension must be initiated within three years from the date of the conviction of a business for an offense described in part 1230.3200.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.3500 Term of Debarment

The administrative law judge shall recommend and the commissioner of transportation shall establish the term of debarment. The term of debarment depends upon: the seriousness of the offense; whether restitution has been made; whether the debarred person cooperated in civil or criminal lawsuits; the state's need to preserve the competitive bidding process; and whether the business is debarred or has been debarred in another jurisdiction. The length of the debarment period in another jurisdiction must be taken into account in determining the term of debarment in Minnesota.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.3600 Debarment Based on Affiliation

Subpart 1. Conviction of business imputed to person.

The conviction of a business in any jurisdiction, for offenses listed in part 1230.3200 is imputed to any principal or other person associated with the business subject to debarment or suspension, who participated in, knew of, or had reason to know of the conduct.

Subp. 2. Debarment.

A business must be debarred when it:

A. employs a former principal of a debarred or suspended business or person described in subpart 1 as an officer, director, manager, or in another significant decision-making capacity;

B. is owned by or associated in a joint venture with a debarred or suspended business or is controlled by a principal or former principal of a debarred or suspended business; or

C. is a business in which a former principal of a debarred or suspended business has a significant financial interest and the former principal has the authority to or will control, direct, manage, or influence any activities of the business with respect to the Mn/DOT contract in question.

Subp. 3. Procedure.

A business described in subpart 2 must be debarred after a hearing or opportunity for hearing conducted under Minnesota Statutes, chapter 14.

Subp. 4. Duration.

The period of debarment must be the same as that of the debarred former principal or business.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.3700 Debarment Limitation

A person may not be debarred for more than three years for conduct which gave rise to the grounds for debarment. If new or different grounds arise, a new debarment hearing must be held.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.3800 Effective Date of Debarment

A debarment takes effect on the date of the mailing of the order for debarment by the Minnesota Department of Transportation. The order for debarment must be sent by certified mail.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.3900 Termination of Debarment or Award During Debarment

The commissioner of transportation may terminate a debarment by order or may award a MnDOT contract to a debarred or suspended business when:

A. that business is the sole supplier of a material or service required by the Minnesota Department of Transportation;

B. the commissioner of transportation determines that an emergency exists as defined in Minnesota Statutes, section 161.32, subdivision 3;

C. the commissioner of administration determines that an emergency exists that for purposes of this part is an unforeseen occurrence or combination of circumstances that calls for immediate action in the public interest; or

D. the contract is for purchasing materials or renting equipment for routine road maintenance.

History

• Statutory Authority: MS s 16B.04; 16C.19; L 1984 c 654 art 2 s 8
• History: 9 SR 1186; 42 SR 543

Minn. R. 1230.4000 Continuation of Contracts

Mn/DOT contracts in existence at the time of debarment or suspension are not terminated by the debarment or suspension except as provided in part 1230.1200.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.4100 Prohibitions

Subpart 1. Mn/DOT contracts.

Except as provided in part 1230.3900, the Department of Transportation may not award a Mn/DOT contract to a debarred or suspended person and may not approve a contract under which a debarred or suspended person will serve as a subcontractor or material supplier.

Subp. 2. Subcontracts and purchase of materials.

Except as provided in part 1230.3900, a contractor to whom a Mn/DOT contract has been awarded by the Minnesota Department of Transportation may not subcontract with or purchase materials or services from a debarred or suspended person for performance of that contract.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.4200 Suspension

Subpart 1. Order of suspension.

The commissioner of transportation shall suspend a person or business by order upon receiving notice or learning of a conviction for conduct described in part 1230.3200 or upon receiving evidence of an affiliation described in part 1230.3600, subpart 2.

Subp. 2. Commencement of proceedings.

The commissioner of transportation shall start debarment proceedings within ten days of the mailing of the suspension order.

Subp. 3. Notice and content.

The order for suspension must describe the reason for suspension and must be sent by certified mail to the person suspended.

Subp. 4. Effective date of suspension; term.

The order for suspension takes effect on the date the order is mailed. No suspension may exceed 60 days.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Minn. R. 1230.4300 Notice to Public

Subpart 1. Notice to commissioner.

The Minnesota Department of Transportation shall provide to the commissioner a copy of each suspension, debarment, or termination order on the same day that the order is mailed to the debarred or suspended person.

Subp. 2. Publication.

The commissioner shall publish weekly, in the State Register, a list of debarred and suspended persons, the effective date of each suspension and debarment, and the term of each debarment. The commissioner shall also publish notice of debarment terminations under part 1230.3900 and the effective date of the termination.

History

• Statutory Authority: MS s 16B.04; L 1984 c 654 art 2 s 8
• History: 9 SR 1186

Chapter 1235 PUBLIC RALLIES ON CAPITOL GROUNDS

Minn. R. 1235.0100 Scope

Pursuant to Minnesota Statutes, section 16B.24, subdivision 1, the following rule governs the issuance of permits for public rallies in or on the Capitol complex buildings and grounds.

History

• Statutory Authority: MS s 16B.04; 16B.24

Minn. R. 1235.0200 Definition

"Public rallies" for the purpose of this rule means parades, gatherings, solicitations, concerts, speeches, or rotunda ceremonies, and other such related uses of the buildings, grounds, and state-owned streets in the Capitol complex.

History

• Statutory Authority: MS s 16B.04; 16B.24

Minn. R. 1235.0300 Purpose

This part defines the permissible time, place, duration, and manner of the use of the Capitol complex grounds, including the rotunda, sidewalks, Capitol building steps, and state-owned streets for public rallies, so as not to unreasonably interfere with the rights of others to the use of such public areas, to assure access to driveways and building entrances, to assure traffic movement in such a manner so as to not deprive the public and state employees of police and fire protection, and to assure the public of safe use and enjoyment of such public places.

History

• Statutory Authority: MS s 16B.04; 16B.24

Minn. R. 1235.0400 Applying for Rally Permit

Subpart 1. Form.

Any person, firm, partnership, association, corporation, company, or organization shall secure a permit from: Director of Plant Management Division, Department of Administration, Room G-10, State Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota 55155, to conduct a rally on the Capitol complex grounds prior to announcing or conducting such public rally.

Subp. 2. Written application.

Any such person seeking a permit for a public rally shall submit, not less than seven working days prior to the proposed date of the event, a written application identifying the person, firm, partnership, association, corporation, company, or organization; mailing address and telephone number; date; time; and name, address, and the telephone number of the contact person who shall be responsible for the public rally; and all other relevant information requested by the director of the Plant Management Division. The director, where compelling reasons are shown therefor, and if staff and time are available to make arrangements necessary to protect the public interest, shall have the authority to consider any application hereunder which is filed less than seven working days before the date such rally is proposed to be conducted.

Subp. 3. Workers' compensation and other insurance.

Proof of workers' compensation and public liability insurance shall be submitted when required by director.

History

• Statutory Authority: MS s 16B.04; 16B.24

Minn. R. 1235.0500 Grounds for Denying Rally Permit

Upon consideration of the request for the permit, and after written agreement is reached between the parties involved regarding security, police protection, liability for damages, and cleanup of the areas, the director of Plant Management shall approve the permit application unless any of the following is found to exist:

A. the conduct of the rally will substantially interrupt the safe and orderly movement of other traffic contiguous to its route or location;

B. the conduct of the rally would require the diversion of so great a number of the security force of the Capitol to properly police the line of movement and the areas contiguous thereto as to prevent normal security;

C. the concentration of persons, animals, and vehicles at assembly areas of the rally will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

D. the conduct of such rally will interfere with the movement of firefighting equipment en route to a fire;

E. the rally is not scheduled to move from its point of origin and to its point of termination expeditiously and without unreasonable delays en route;

F. the rally is to be held for the sole purpose of advertising any product or goods or is designed to be held all or in part for private profit; or

G. the rally will unreasonably disrupt the normal operations of state government and the public right to safe use or reasonable enjoyment of public spaces.

History

• Statutory Authority: MS s 16B.04; 16B.24

Minn. R. 1235.0600 General Rules for Rallies

A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The rally chairperson or other person heading or leading such activity shall be in possession of the permit during the conduct of the rally.

Whenever any rally is conducted in a manner substantially different from that indicated in the permit application and rules therefor, the permit shall be deemed to be automatically revoked and shall be forfeited.

No public rally in the Capitol complex shall be undertaken unless a permit has been obtained as required in this chapter. Any person violating this chapter, or applicable state or local law, may be subject to prosecution under applicable law.

History

• Statutory Authority: MS s 16B.04; 16B.24

Chapter 1240 LEGAL NOTICES

Minn. R. 1240.0100 [Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

[Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

Minn. R. 1240.0200 [Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

[Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

Minn. R. 1240.0300 [Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

[Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

Minn. R. 1240.0400 [Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

[Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

Minn. R. 1240.0500 [Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

[Repealed, L 1980 c 471 s 3; L 1984 c 543 s 69]

Chapter 1245 STATE-OWNED REAL PROPERTY

Minn. R. 1245.0200 Property Acquisition

Subpart 1. Scope.

Pursuant to Minnesota Statutes, chapter 16B, and specific legislative enactments, this part shall govern the state's acquisition of real property for the operation of state government.

Subp. 2. Request to acquire property.

Unless otherwise provided by law or by reorganization order issued pursuant to Minnesota Statutes, section 16B.37, a state department or agency needing real property shall make a request in writing to the Department of Administration to acquire property, specify the property to be acquired, and indicate the source and sufficiency of funds needed for the acquisition.

Subp. 3. Acquisition procedure.

Real Estate Management Division shall proceed with acquisition as follows:

A. The title to the property shall be examined by an attorney for the division, whereupon a field title report shall be prepared by the division. The field title report shall be based on information from the owner or a representative of the owner. The purpose and nature of the acquisition shall be explained to the owner at the time of the field title interview. Where there are occupied buildings involved, a relocation study shall be made to ensure that displacees can be relocated without undue hardship.

B. A legal description of the property to be acquired shall be written. Where necessary, a written engineering assessment shall be obtained from the state architect's office.

C. The property to be acquired shall be appraised. Appraiser(s) shall be selected by the director or the assistant director, and may be state employees or fee appraisers. Where fee appraisers are used, they shall be selected from a list of qualified fee appraisers, which list shall be maintained by the division. The fee to be paid to the appraiser shall be as agreed upon between the appraiser and the director or the assistant director.

D. The appraisal(s) shall be reviewed by members of the division staff. Where the appraisal(s) are deemed satisfactory, the appraisal amount which is deemed to represent value (and damages, where applicable) shall be certified by the director or the assistant director.

E. Instruments appropriate for the acquisition shall be requested from the Attorney General's Office.

F. A direct purchase offer shall be submitted to the property owner. Where possible and practical, the offer shall be submitted in person. A detailed explanation of the state's acquisition policies and of the owner's options shall be made to the owner, especially including, where applicable, a full explanation of relocation benefits available to the owner.

G. If the owner accepts the offer, the property shall be purchased. The division shall be responsible for proper execution of instruments, closing of transaction, recording of instruments, payment to owner, relocation assistance to the owner, and removal of buildings, where applicable.

H. If the owner rejects the offer, and the legislature has directed by law that acquisition by eminent domain proceedings shall or may be pursued, the division shall institute necessary proceedings to so acquire.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1245.0300 Issuance of Permits or Easements Across State Lands

Subpart 1. Scope.

Pursuant to Minnesota Statutes, section 16B.26, this part shall govern the availability to the public of permits or easements to cross state-owned land other than state-owned land expressly exempted.

Subp. 2. Permit or easement application.

An application for a permit or an easement to cross state-owned land shall be made in compliance with Minnesota Statutes, section 16B.26, subdivision 3, to: Director, Real Estate Management Division, Department of Administration, Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota 55155.

Subp. 3. Notice to applicant.

The Real Estate Management Division shall grant or deny the application in accordance with the provisions of Minnesota Statutes, section 16B.26. The applicant shall be informed in writing of granting or denial of the permit or easement. Where the application for permit or easement is denied, the applicant shall be informed of the reasons for such denial.

Subp. 4. Conditions.

Pursuant to subpart 3, where the application for permit or easement is granted, the permit or easement shall be granted only after agreement by the applicant to pay to the state an amount to be determined on the basis of an appraisal by the Real Estate Management Division, and to comply with all terms and conditions of the permit or easement. Except where the permit or easement is clearly a benefit to the state, no permit or easement shall be granted for less than the amount of $100.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1245.0400 Permits to Search for Lost Property; Scope and Purpose

Pursuant to Minnesota Statutes, section 16B.25, parts 1245.0400 to 1245.0900 govern the granting of permits to search upon lands owned by the state for abandoned or lost property and disposition of abandoned or lost property found thereunder.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1245.0500 Terms and Conditions

Permits shall be granted upon permittee's agreement to and performance of the following terms and conditions:

A. Permittee shall indemnify and hold the state of Minnesota harmless for any claim, meritorious or otherwise, and for any causes of action regardless of their nature arising directly or indirectly out of any permittee's activities. The state shall not be liable for any damage to property of permittee or injury to permittee or invitees.

B. If in the opinion of the director or the assistant director the activity to be conducted may endanger life or property, permittee shall purchase liability insurance which protects all persons and their property from injury or damage. The amount of such liability insurance shall be no less than $100,000 minimum coverage per person per occurrence and $500,000 minimum coverage per occurrence. The state of Minnesota shall be designated as sole payee in the event of loss.

C. Permittee shall obey and conform to all federal, state, and local laws, rules, and ordinances.

D. Permittee shall cause no damage to any property by virtue of its activities. In the event of any damage to any state property, permittee shall immediately repair same. Failure to immediately make such repairs when advised to do so in writing by the director or assistant director shall result in cancellation of permit.

E. Permittee shall conduct its activities in a manner so as not to adversely affect the environment and shall restore areas of activity to original conditions. Permittee shall remove all equipment relating to and debris resulting from permittee's activities from state land by the termination date of the permit.

F. Permittee shall limit its activities on state land to areas specified by the permit.

G. Unless otherwise specified, permits shall remain in effect for one year from effective date so long as conditions prescribed hereby and in the permit are met.

H. Permittee shall neither assign nor transfer any rights or obligations under the permit without the prior written consent of the commissioner or the commissioner's authorized designee.

I. Permittee shall not vary the permit without the prior written consent of the commissioner or designee.

J. Receipt of permit shall not constitute an exclusive grant, and the state may issue similar or identical permits for the same or overlapping areas of land.

K. The permit may be canceled by either party at any time, with or without cause, upon 30 days' written notice to the other party.

L. Unless specifically excepted for cause in the permit, all permits shall be granted with the understanding that the lost or abandoned property which is recovered from state lands shall be turned over to the Department of Administration for disposition as provided by statute. The permittee's share of the proceeds shall be agreed upon between the permittee and the state prior to issuance of the permit. The state's share shall be deposited in the general revenue fund.

History

• Statutory Authority: MS s 16B.04
• History: 17 SR 1279

Minn. R. 1245.0600 Application for Permit to Search

Applications for permits shall be made in writing to the division to the following address: Director, Real Estate Management Division, Department of Administration, State Administration Building, Saint Paul, Minnesota 55155. Application shall include the following items: applicant name, mailing address, and phone number; description of proposed search; written acceptance of the specified terms and conditions; and specification of area within which activity will take place.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1245.0700 Granting of Permits

Upon receipt of application, the commissioner or designee shall undertake the following action:

A. determination as to department jurisdiction over the lands concerned in the application;

B. determination as to the necessity for liability insurance as specified in part 1245.0500, items A and B;

C. preparation of a written agreement between the state and the applicant; and

D. submission of permit (written agreement) for review and signature by Department of Management and Budget and attorney general. Upon execution of the written agreement, the permit shall be in effect under the terms and conditions thereof.

History

• Statutory Authority: MS s 16B.04
• History: L 2009 c 101 art 2 s 109

Minn. R. 1245.0800 Disposition of Found Property

Upon discovery of lost or abandoned property, permittee shall, within 30 days of discovery, place such property at the disposal of the commissioner. The commissioner or designee shall determine the method and location of maintenance and storage of property. Property will be disposed of under the procedure specified by Minnesota Statutes, section 16B.25, subdivision 3. Upon disposition, the commissioner or designee shall, in a timely manner, authorize payment to the finder the share due under the terms and conditions of the permit.

History

• Statutory Authority: MS s 16B.04
• History: 17 SR 1279

Minn. R. 1245.0900 Property Leasing (where State Is Lessor)

Subpart 1. Scope.

Pursuant to Minnesota Statutes, section 16B.24, subdivision 5, this part governs the leasing out of state-owned real property which is temporarily not needed by the state.

Subp. 2. Requesting notice of available property.

All persons wishing to be notified of the availability for leasing of state-owned property shall request in writing such notification. Requests shall be sent to: Director, Real Estate Management Division, Department of Administration, Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota 55155.

A list of persons having requested such notification shall be maintained by the Real Estate Management Division. The list shall indicate the particular area in the state and the type of property (i.e., farm, office, etc.) the interested party has expressed an interest in. Notice shall be sent to all appropriate parties on the list when state-owned property is leased out.

Subp. 3. Bids.

At least 15 calendar days prior to the bid return deadline, bid solicitations shall be mailed to appropriate parties who have requested notification of the availability of property for leasing. In addition to mailing of bid solicitation to all parties known to have an interest in leasing the property, the Department of Administration may, where circumstances merit, advertise the property for lease in a newspaper having general circulation in the area in which the property to be leased is located. The property shall be leased to the highest responsible bidder, consistent with the state's intended use and management of the property. The department expressly reserves the right to reject any or all bids or to waive informalities therein.

Subp. 4. Grounds for not using competitive bidding.

Competitive bidding shall not be used when the commissioner or designee determines that one or more of the following circumstances exist.

A. there is only one interested party that can feasibly use the property;

B. factors other than bid price, such as maintenance of the property, are paramount;

C. the contemplated rental term is of short duration;

D. other governmental entities have expressed the desire to lease the property; or

E. factors exist which make the taking of competitive bids impractical or not in the best interest of the state of Minnesota.

History

• Statutory Authority: MS s 16B.04

Chapter 1250 STATE PUBLICATIONS

Minn. R. 1250.0200 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.0300 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.0400 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.0500 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.0600 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.0700 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.0800 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.0900 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.1000 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.1100 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1250.1200 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Chapter 1255 STATE SURPLUS PROPERTY SALES SECTION

Minn. R. 1255.0200 Authority and Scope

Pursuant to Minnesota Statutes, chapter 16B, the State Surplus Property Sales Section, Division of Materials Management, Department of Administration, is responsible for managing a statewide surplus property sales program in order to ensure the effective ultimate disposition of all surplus personal property. Parts 1255.0200 to 1255.0700 govern the disposition of all such obsolete, surplus, and recyclable state property. Sales are conducted via public auction, sealed bid, or negotiation, as set forth below.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1255.0300 General Terms and Requirements of Purchase

Subpart 1. Waiver of warranty.

The state of Minnesota shall make no warranty as to the fitness, merchantability, or other condition of any item sold pursuant to these rules. The purchaser bidding shall agree to purchase said items, conditions "as is -- where is." This waiver includes, but is not limited to a waiver of any purchaser's claim pursuant to Minnesota Statutes, sections 336.2-312 to 336.2-315.

Subp. 2. Transfer requirements and costs.

The purchaser shall assume all cost of title transfer and required vehicle registration fees, if any. Items shall not be removed from the premises until the full purchase price and sales tax have been paid, insurance information provided (insurance company and policy number or binder), and the required license plates are attached to the vehicles, where applicable.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1255.0400 Auction Sales

Subpart 1. General.

Pursuant to Minnesota Statutes, section 16B.08, subdivision 3, surplus personal property may be sold by auction as follows.

Subp. 2. Notification of auctions.

Persons wishing to be notified of state public auction sales shall contact the State Surplus Property Sales Section, 671 N. Robert, Saint Paul, Minnesota 55101, giving their name and complete address. All interested persons shall be placed on an auction mailing list and shall receive bulletins of all public auctions held by the state. State auctions shall also be advertised in news media at least seven days prior to the sale. News media used may include the Minneapolis and Saint Paul papers and/or local papers in the immediate vicinity of the sale.

Subp. 3. Auction terms and requirements.

The full amount of the bid price shall be paid at the time of sale for each item selling for less than $500. A minimum of ten percent of the bid price shall be paid at the time of the sale for each item selling for $500 or more. All personal checks shall be accepted for the full amount or the ten percent down on the day of the sale. A successful bidder shall pay any balance due on the sale, including sales tax, within five days from the date of the sale. Such balance due payments shall be in the form of cash, money order, certified check, or bank draft, made payable to the "Minnesota Commissioner of Management and Budget." Full payment shall be received prior to release of merchandise. Failure on the part of the purchaser to remit the balance due on the amount of the bid within five days shall constitute forfeiture of the amount paid at the time of the sale.

Subp. 4. Application for auctioneers.

All auctioneers interested in providing their services to the state shall submit their name and address to the State Surplus Property Sales Section, 671 N. Robert, Saint Paul, Minnesota 55101. Sealed bid invitations for auctioneering services shall be mailed to all interested persons for each scheduled auction. Contracts for auctioneering services shall be awarded to a qualified, licensed auctioneer based on the bid requirements, and the lowest percentage fee of each sale's proceeds. In the event of tied commission fee bids, auctioneer shall be chosen on the basis of a draw or by bid negotiation.

History

• Statutory Authority: MS s 16B.04
• History: L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109

Minn. R. 1255.0500 Sealed Bid Sales

Subpart 1. General.

Pursuant to Minnesota Statutes, chapter 16B, surplus personal property may be sold by sealed bid as follows.

Subp. 2. Notification of sealed bid sales.

Persons interested in bidding on the purchase of state surplus personal property shall contact the State Surplus Property Sales Section, 671 N. Robert, Saint Paul, Minnesota 55101, giving their name and complete address. All interested persons shall be required to indicate the types of property they desire to purchase and shall then be placed on mailing lists by commodity group(s). Applicants shall be advised by sealed bid invitation of all applicable commodities for sale in their respective commodity groups.

Subp. 3. Conditions for sealed bid sales.

The estimated number or weight of the items listed for sale is for the general guidance of bidders and the state shall assume no responsibility for any variance therefrom. In accordance with the bid requirements, certified checks, cashier's checks, or money orders of successful bidders submitted with the bid may constitute liquidated damages for failure of bidder to enter into contract. Sealed bid sales shall be awarded to the highest responsible bidder.

Subp. 4. Removal from mailing lists.

Applicants on sealed bid mailing lists who have not bid for the purchase of state surplus property for a period of two or more years may be removed from all applicable mailing lists. Applicants shall be reinstated upon written request.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1255.0600 Negotiated Sales

Subpart 1. Value limit.

Pursuant to Minnesota Statutes, section 16B.07, subdivision 4, surplus property sales estimated to be $5,000 or less may be made either upon competitive bids or in the open market.

Subp. 2. Notification of negotiated sales.

Persons wishing to be notified of a proposed negotiated sale of specific state surplus personal property shall contact the State Surplus Property Sales Section, 671 N. Robert, Saint Paul, Minnesota 55101.

Subp. 3. Conditions for negotiated sales.

If the state is unable to secure sealed bids for the sale of property or it is deemed to be in the best interest of the state, sales may be negotiated with persons who have indicated an interest in the purchase of a specific commodity. So far as practicable, the sales shall be based on at least three competitive bids, shall be permanently recorded and awarded to the highest responsible bidder. The full amount of the purchase price shall be paid at the time of sale. All personal checks shall be accepted for the full amount of sale.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1255.0700 Public Employee Purchase of State Surplus Property

Pursuant to Minnesota Statutes, section 15.054, employees of the state and its political subdivisions are permitted to purchase state surplus personal property including one motor vehicle within each 12-month period via public auction or sealed bid process. Public employees directly involved in the sales process shall not be eligible to purchase state surplus personal property for which they have specific disposition responsibility.

History

• Statutory Authority: MS s 16B.04

Chapter 1260 FEDERAL SURPLUS PROPERTY

Minn. R. 1260.0100 Authority and Scope

The Federal Surplus Property Division, Department of Administration, was created and operates pursuant to Minnesota Statutes, sections 16B.28 and 16B.29. The Federal Surplus Property Division maintains a distribution center for federal surplus property made available by the federal government, or any department or agency thereof, for transfer to governmental or nonprofit organizations for any purpose authorized by federal and state law and in accordance with any rules and regulations promulgated thereunder.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1260.0200 Definitions

Subpart 1. Scope.

As used in parts 1260.0100 to 1260.0900, the following terms shall have the meanings given them.

Subp. 2. Acquisition cost.

"Acquisition cost" means original purchase price of property paid by the federal government.

Subp. 3. Donee.

"Donee" means public agency or nongovernmental organization qualified or authorized to acquire federal surplus property as provided in part 1260.0300.

Subp. 4. FPMR.

"FPMR" means federal property management regulations.

Subp. 5. FSP activity.

"FSP activity" means the Minnesota Federal Surplus Property Section, 5420 Highway 8, Arden Hills, Minnesota 55112.

Subp. 6. Utilization restriction.

"Utilization restriction" means restrictions on the use and disposition of federal surplus property, including required use for one or more public purposes and nondisposal restrictions for stated period of time, as required pursuant to federal and state law, and rules and regulations promulgated pursuant thereto.

Subp. 7. Federal surplus property utilization and sales coordinator.

"Federal surplus property utilization and sales coordinator" means FSP activity person designated to audit the utilization of federal surplus property acquired by donees and to coordinate sales of property that has no further utility value.

Subp. 8. General Services Administration.

"General Services Administration" means the federal agency responsible for the transfer of federal surplus personal property.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1260.0300 Eligibility

Subpart 1. Standards.

Standards and guidelines for the determination of eligibility are established pursuant to the requirements of FPMR 101-44.207. Eligibility to acquire federal surplus property may include public agencies involved in carrying out or promoting for the residents of a given political area one or more public purposes, including, but not limited to, conservation, economic development, education, parks and recreation, public health, and public safety; or to nonprofit educational or public health institutions or organizations, such as medical institutions, hospitals, clinics, health centers, schools, colleges, universities, schools for persons with developmental disabilities, schools for persons with physical disabilities, child care centers, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, museums attended by the public, and libraries serving free all residents of a community, district, state, or region, which are exempt from taxation under section 501 of the Internal Revenue Code of 1954, as amended, for purposes of education or health, including research for any such purpose. Interested participants shall request on forms obtainable for the FSP activity, a determination of eligibility from the FSP activity at the address listed in part 1260.0200, subpart 5.

Subp. 2. Written determination.

The FSP activity within a reasonable period of time of receipt of request shall make a written determination of eligibility pursuant to federal and state laws and rules, and such determination shall be sent to the applicant.

History

• Statutory Authority: MS s 16B.04
• History: L 2005 c 56 s 2

Minn. R. 1260.0400 Financing and Service Charge

Subpart 1. Fund.

A revolving fund, established pursuant to Minnesota Statutes, section 16B.28, subdivision 3, shall finance the acquisition, storage, and distribution of surplus federal property. The fund shall be maintained by the collection of service and handling charges.

Subp. 2. Determination of charges.

Service charges shall be assessed at a rate taking into consideration costs involved in acquiring, storing, and distributing surplus property as required by Minnesota Statutes, section 16B.28. Factors considered in determining service charges shall be original acquisition costs, present value, screening cost, quantity, condition, desirability of property, transportation cost, loading and unloading cost, packing and crating, administrative cost, repair and rehabilitation, utilization and compliance, and delivery to donees when required.

Subp. 3. Special costs.

When special or extraordinary costs occur, such costs will be added to the service charge. Costs which shall be added are as follows:

A. Direct costs for rehabilitating property shall be added to the service charge.

B. Additional direct costs for returning overseas property may be added to the service charge.

C. Charges for major items with unusual costs may be added to the service charge.

D. An additional charge may be made for dismantling, packing, crating, shipping, delivery, and other extraordinary handling charges.

E. Extraordinary costs incurred in screening property may be added.

Subp. 4. Direct transfer of property.

Where direct transfer of property to eligible donee is made, the service charge may be reduced taking into consideration savings made because of direct shipment to donee or other savings in the above-listed cost categories.

Subp. 5. If program ends.

In the event the program is terminated, assets shall be converted to cash in accordance with these rules and all funds not used to pay outstanding obligations of the FSP activity shall revert to the general fund of the state of Minnesota.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1260.0500 Terms and Conditions on Donable Property

Subpart 1. Items worth $2,000 or more.

The following general conditions, in conjunction with conditions imposed by the terms of an individual sale of items, are imposed by the state of Minnesota and are applicable to items with a unit acquisition cost of $2,000 or more:

A. There shall be a period of utilization restriction which shall expire after the property has been used for the purpose for which acquired for a period of four years, except that all state of Minnesota agencies shall be required to manage federal surplus property in accordance with statewide inventory management programs.

B. From the date it receives the property, the donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property or remove it permanently for use outside the state, without prior written approval of the FSP activity, until expiration of all utilization restrictions.

C. If at any time from the date it receives the property until expiration of utilization restrictions, any of the property is no longer suitable, usable, or further needed by the donee, the donee shall promptly notify, in writing, the FSP activity and shall be directed, in writing, by the FSP activity to return the property to the FSP activity, release the property to another donee or another state agency, sell, or otherwise dispose of the property.

D. In the event that any property acquired through the FSP activity is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of contrary to state or federal law or regulation, relating but not limited to the General Services Administration special handling or use regulations, the donee shall pay the FSP activity the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal as determined by the FSP activity. "Fair market value" and "fair rental value" as used herein shall mean the value of obtaining a like item in the local industrial, retail, or other market.

E. The proceeds from any authorized sale or transfer shall be reimbursed pursuant to part 1260.0800, subparts 1 to 3.

Subp. 2. Items worth less than $2,000.

The following conditions are imposed by the state of Minnesota, applicable to items with a unit acquisition cost of less than $2,000:

A. Appropriate inventory controls shall be established by each donee to ensure optimum property utilization and control in conformance with federal and state law and rules.

B. Except as listed in item C, property with acquisition cost of less than $2,000 which is no longer needed or suitable for use in the federal surplus program may be sold or junked by the donee possessing such property, consistent with any laws and internal policies and procedures governing such disposition. Donees shall be authorized to retain all revenues derived from such sale of surplus property, assuming that all aforementioned criteria have been met.

C. Consistent with federal statutory requirements, all property must be placed in use within one year and be used for one year after being placed in use. Donees in violation of this requirement shall return such property to the FSP activity.

Subp. 3. Penalty.

Failure to comply with all terms, conditions, and provisions of state and federal law and regulation may subject donee to removal from FSP eligibility.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1260.0600 Fair Distribution

Subpart 1. Who will receive property.

Factors considered in the distribution of property are based on relative needs, relative resources, and ability to utilize the property and include the following:

A. In considering requests of potential recipients, the criteria for determining the relative needs shall be size and type of program conducted; contemplated use and frequency of use; economic condition of agency, activity, or institution; critical or urgent need; geographical location (urban, suburban, or rural); and interest and expression of need on the part of the donee in the property available.

B. In considering requests of potential recipients, the criteria for determining relative resources shall be funding source and availability (grants, donations, taxes, etc.); and equipment availability.

C. In considering requests of potential recipients, the criteria for evaluating ability to utilize property shall be length of time of contemplated usage; date by which item can be put in use; availability of funds to repair or maintain property in use; ability of the donee to select and remove property from the distribution center or federal activity on a timely basis; and type and quantity of property received by the donee to date.

Subp. 2. Distribution center.

The FSP activity shall operate a distribution center to serve the eligible donees in the distribution of available property. Any donee may submit, in writing, a list of major items needed by the donee, such as vehicles, construction equipment, materials handling equipment, machine tools, generators, air compressors, business machines, boats, aircraft, large electronic, and scientific type items. FSP employees shall be guided by these requests in their search for and selection of property. This equipment shall be distributed as outlined in subpart 1. Donee shall be notified by telephone by the FSP activity when a listed major item is acquired.

Subp. 3. Help yourself plan.

Small miscellaneous items, less than $20 per item in value, will be available on the "help yourself plan," with quantity limited to any one donee depending upon the total quantity on hand.

Subp. 4. Bulletins.

Federal Surplus Property Bulletins listing property available for distribution shall be mailed to all donees registered pursuant to part 1260.0300.

Subp. 5. Screening donees.

The FSP activity shall recommend to General Services Administration the certification of donee screeners, as qualified and needed.

The FSP activity will, insofar as practical, economical, and equitable select that property requested by the donees, and the FSP activity will arrange for direct pickup or shipment of the property to the donee if requested to do so.

Subp. 6. Disaster victims.

Donees which suffer or experience a local disaster and/or major loss of property due to fire, flood, tornado, etc., may apply for a temporary priority for all requested items of property by telephoning the FSP activity or writing the FSP activity at the address noted in part 1260.0200, subpart 5. Special efforts shall be made to locate and distribute needed property to such donees.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1260.0700 Compliance, Use, and Disposition

Subpart 1. Field audits.

In order to obtain optimum federal surplus property utilization within Minnesota, obsolete and surplus property liability and utilization procedures have been established for statewide application. In order to ensure the integrity of the statewide property utilization program, donee field audits shall be periodically conducted by the FSP activity of the Materials Management Division. All donees shall cooperate with auditors and all audit requests or be subject to removal from FSP eligibility.

Subp. 2. Reporting obsolete or surplus property.

When property becomes obsolete or surplus to a donee's needs, it shall be reported to the FSP activity on forms provided by the FSP activity, as required in part 1260.0800, subpart 1.

Subp. 3. Evaluating obsolete or surplus property.

Property reported as obsolete or surplus by donee on forms provided by the FSP activity shall be evaluated by the federal surplus property utilization and sales coordinator to determine the most feasible means of disposition. If the property is considered to have further utility value within the utilization restriction period, this information shall be circulated to all donees via the Federal Surplus Property Bulletin, published periodically, and made available pursuant to part 1260.0600, subpart 4.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1260.0800 Property Sales

Subpart 1. General.

All obsolete, surplus, and recyclable personal property which no longer provides any utility value to the federal surplus property program shall be sold. Local sale of personal property may be authorized, in writing, by the FSP activity or sales shall be conducted centrally by the state Surplus Property Sales Section pursuant to parts 1255.0200 to 1255.0700.

Subp. 2. Procedure.

Personal property sales may be transacted via the sealed bid process, public auction, or on a negotiated basis. All local personal property sales shall be authorized in writing, by the FSP activity, Division of Materials Management. Application forms for local sale shall be provided by the FSP activity.

Subp. 3. Reimbursement.

The FSP activity shall determine the maximum amount of reimbursement allowed the donee selling the property pursuant to part 1260.0500, subpart 1, item E. Any revenue from such sale in excess of the authorized reimbursement amount, shall be submitted to the FSP activity, accompanied by a copy of the forms required by the FSP activity for reporting disposition results, a buyer-acknowledged (signed) copy of the sales receipt, and a copy of the donee deposit form. Reimbursement to donee shall be on a prorated basis for the following expenses:

A. service charge paid to the FSP activity;

B. transportation charges paid by the donee in initially acquiring the property;

C. initial costs of repair required to make the items usable; and

D. administrative costs incurred in the sale or transfer of such property.

Subp. 4. Sealed bid sales.

Locally authorized bid sales may be used by all donees in the sealed bid sale of federal surplus property when authorized, in writing, by the FSP activity pursuant to subpart 2.

Whenever practicable, at least three competitive bids shall be solicited in the sale of federal surplus personal property via the sealed bid process.

Sealed bid sales which are not authorized locally shall be processed by the FSP activity pursuant to part 1255.0500.

Any employee directly involved in the sales process shall not be eligible to purchase surplus property for which they have specific responsibility.

Subp. 5. Auction sales.

The FSP activity shall coordinate all federal surplus personal property auction sales for all donees of the state.

When a donee has reported property, pursuant to subpart 2, to the FSP activity, which cannot be transferred to another donee, the FSP activity shall determine the most effective means of disposal. If an auction sale is warranted, the auction sale shall be processed pursuant to part 1255.0400.

Subp. 6. Negotiated sales.

Pursuant to Minnesota Statutes, section 16B.07, subdivision 7, sale of federal surplus personal property estimated to be $5,000 or less may be made either upon competitive bids or in the open market. All negotiated sales shall receive prior approval, in writing, from the FSP activity.

Whenever practicable, at least three competitive bids shall be solicited in the sale of federal surplus personal property via the negotiated process.

No employee of any donee organization may purchase federal surplus property via the negotiated sale process.

The disposition of all negotiated sales shall be reported to the FSP activity on the form provided by the FSP activity, accompanied by a buyer acknowledged (signed) sales receipt and a copy of the donee deposit form.

A copy of the buyer-acknowledged signed sales receipt shall be maintained in the donee(s) files for seven years from the date the sales transaction was consummated.

History

• Statutory Authority: MS s 16B.04

Minn. R. 1260.0900 Consultation with Advisory Groups, Public and Private Groups

The FSP activity shall consult with advisory bodies and public and private groups which can assist in determining relative needs and resources. A private or public body wishing to be a party to the above consultation, shall, in writing, contact the FSP activity manager, 5420 Highway 8, Arden Hills, Minnesota 55112.

History

• Statutory Authority: MS s 16B.04

Chapter 1265 INTERCITY TELEPHONE SERVICES

Minn. R. 1265.0100 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1265.0200 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1265.0300 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1265.0400 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1265.0500 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 1265.0600 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Chapter 1310 BUILDING SECURITY

Minn. R. 1310.0100 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.0200 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.0300 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.0400 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.0500 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.0600 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.0700 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.0800 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.0900 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1000 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1100 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1200 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1300 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1400 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1500 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1600 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1700 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1800 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.1900 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2000 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2100 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2200 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2300 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2400 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2500 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2600 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2700 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2800 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.2900 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3000 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3100 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3200 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3300 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3400 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3500 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3600 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3700 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3800 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.3900 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.4000 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.9000 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.9100 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.9200 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Minn. R. 1310.9300 [Repealed, 20 SR 2290(NO. 43)]

[Repealed, 20 SR 2290(NO. 43)]

Chapter 1320 ELEVATORS AND RELATED DEVICES

Minn. R. 1320.0100 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0200 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0300 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0400 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0500 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0600 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0605 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0610 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0615 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0620 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0625 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0630 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0635 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0638 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0640 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0645 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0650 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0655 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0660 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0665 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0670 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0675 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0680 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0700 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Minn. R. 1320.0710 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Minn. R. 1320.0720 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Minn. R. 1320.0785 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.0800 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Minn. R. 1320.0900 [Renumbered 1320.0630]

[Renumbered 1320.0630]

Minn. R. 1320.1000 [Renumbered 1320.0635]

[Renumbered 1320.0635]

Minn. R. 1320.1100 [Renumbered 1320.0640]

[Renumbered 1320.0640]

Minn. R. 1320.1200 [Renumbered 1320.0645]

[Renumbered 1320.0645]

Minn. R. 1320.1300 [Renumbered 1320.0650]

[Renumbered 1320.0650]

Minn. R. 1320.1400 [Renumbered 1320.0655]

[Renumbered 1320.0655]

Minn. R. 1320.1500 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Minn. R. 1320.1600 [Repealed by amendment, 9 SR 1557]

[Repealed by amendment, 9 SR 1557]

Minn. R. 1320.1650 [Renumbered 1320.0660]

[Renumbered 1320.0660]

Minn. R. 1320.1700 [Renumbered 1320.0665]

[Renumbered 1320.0665]

Minn. R. 1320.1800 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Minn. R. 1320.1850 [Renumbered 1320.0670]

[Renumbered 1320.0670]

Minn. R. 1320.1900 [Renumbered 1320.0680]

[Renumbered 1320.0680]

Minn. R. 1320.2000 [Renumbered 1320.0785]

[Renumbered 1320.0785]

Minn. R. 1320.2001 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2005 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2010 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2015 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2020 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2025 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2030 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2035 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2100 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2200 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2300 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2400 [Repealed, 15 SR 70]

[Repealed, 15 SR 70]

Minn. R. 1320.2500 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Minn. R. 1320.2600 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Minn. R. 1320.2700 [Repealed, 11 SR 1405]

[Repealed, 11 SR 1405]

Chapter 1340 FACILITIES FOR THE HANDICAPPED

Minn. R. 1340.0100 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.0200 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.0300 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.0400 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.0500 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.0600 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.0700 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.0800 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.0900 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.1100 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.1102 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1103 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1104 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1105 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1106 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1107 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1110 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1120 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1130 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1140 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1150 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1155 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1160 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1170 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1180 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1190 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1200 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.1205 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1210 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1220 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1230 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1240 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1250 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1260 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1270 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1280 [Repealed, 23 SR 2042]

[Repealed, 23 SR 2042]

Minn. R. 1340.1300 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.1400 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.1500 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.1600 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.1700 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.1800 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.1900 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9000 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9100 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9200 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9300 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9400 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9500 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9600 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9700 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9800 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Minn. R. 1340.9900 [Repealed, 20 SR 1991]

[Repealed, 20 SR 1991]

Chapter 1345 MECHANICAL SYSTEMS

Minn. R. 1345.0010 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0020 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0030 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0060 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0070 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0080 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0090 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0100 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0110 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0120 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0130 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0140 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0200 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0210 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0220 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0230 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0240 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0250 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0260 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0270 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0280 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0290 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0300 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0310 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0320 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0330 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0340 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0350 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0360 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0400 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0410 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0420 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0430 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0440 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0450 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0460 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0470 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0480 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0490 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0500 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0510 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0520 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0530 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0540 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0550 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0560 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0570 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0580 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0590 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0600 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0610 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0620 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0630 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0640 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0650 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0660 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0670 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0680 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0690 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0700 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0710 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0720 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0730 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0740 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0750 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0760 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0770 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0780 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0790 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0800 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0810 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0820 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0830 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0840 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0850 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0860 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0870 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0880 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0890 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0900 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0910 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0920 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0930 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0940 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0950 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0960 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0970 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0980 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0981 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.0990 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1000 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1010 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1020 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1030 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1040 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1050 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1060 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1070 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1080 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1090 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1091 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1100 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1110 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1120 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1130 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1140 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1150 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1160 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1170 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1180 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1190 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1200 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1210 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1220 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1230 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1260 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1270 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1280 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1290 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1300 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1310 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1320 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1330 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1340 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1350 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1360 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1370 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1371 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1380 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1390 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1400 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1410 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1420 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1430 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1440 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1450 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1460 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1470 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1480 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1490 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1500 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1510 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1520 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1530 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1540 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1550 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1560 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1570 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1580 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1590 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1600 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1610 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1620 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1630 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1640 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1650 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1660 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1670 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1680 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1690 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1700 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1710 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1720 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1730 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1740 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1760 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1770 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1780 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1790 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1800 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1810 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1820 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1830 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1840 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1850 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1860 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1870 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1880 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1890 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1900 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1901 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1910 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1920 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1930 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1940 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1950 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1960 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1970 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1980 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.1990 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2000 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2010 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2020 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2030 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2040 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2050 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2060 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2070 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2080 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2090 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2100 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2110 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2120 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2130 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2140 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2150 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2160 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2170 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2180 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2190 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2200 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2210 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2220 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2230 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2240 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2250 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2260 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2270 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2280 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2290 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2300 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2310 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2320 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2330 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2340 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2350 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2360 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2370 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2380 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2390 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2400 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2410 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2420 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2430 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2440 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2441 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2442 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2443 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2444 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2445 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2450 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2460 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2470 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2480 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2490 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2500 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2510 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2520 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2530 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2540 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2550 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2560 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2570 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2580 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2590 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2600 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2610 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2620 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2630 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2640 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2650 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2660 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2670 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2680 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2690 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2700 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2710 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2720 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2730 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2740 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2750 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2760 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2770 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2780 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2790 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2800 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2810 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2820 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2830 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2840 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2850 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2860 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2870 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2880 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2885 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2890 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2900 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2910 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2920 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2925 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2930 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2940 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2950 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2960 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2970 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2980 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.2990 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3000 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3010 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3020 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3030 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3040 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3050 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3060 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3070 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3080 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3090 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3100 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3110 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3120 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3130 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3140 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3150 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3160 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3170 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3180 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3190 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3200 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3210 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3220 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3230 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3240 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3250 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3260 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3270 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3280 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3290 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Minn. R. 1345.3300 [Repealed, 15 SR 71]

[Repealed, 15 SR 71]

Chapter 1355 PLUMBING

Minn. R. 1355.0100 [Repealed, 19 SR 1340]

[Repealed, 19 SR 1340]

Chapter 1365 APPENDIX ON SNOW LOADS

Minn. R. 1365.0050 [Repealed, 23 SR 683]

[Repealed, 23 SR 683]

Minn. R. 1365.0100 [Repealed, 23 SR 683]

[Repealed, 23 SR 683]

Minn. R. 1365.0200 [Repealed, 23 SR 683]

[Repealed, 23 SR 683]

Minn. R. 1365.0300 [Repealed, 23 SR 683]

[Repealed, 23 SR 683]

Minn. R. 1365.0400 [Repealed, 23 SR 683]

[Repealed, 23 SR 683]

Minn. R. 1365.0500 [Repealed, 23 SR 683]

[Repealed, 23 SR 683]

Minn. R. 1365.0600 [Repealed, 23 SR 683]

[Repealed, 23 SR 683]

Minn. R. 1365.0700 [Repealed, 23 SR 683]

[Repealed, 23 SR 683]

Minn. R. 1365.0800 [Repealed, 23 SR 683]

[Repealed, 23 SR 683]