Minnesota Rules — Public Safety Department

Chapter 7400 MOTOR VEHICLE DEALERS

Minn. R. 7400.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Automatic telephone answering service.

"Automatic telephone answering service" means either a human operator or an automatic device that answers the dealer's telephone and is capable of taking messages.

Subp. 3. Board member.

"Board member" means a director in a corporation and a governor in a limited liability company.

Subp. 4. Days.

"Days" means calendar days when referring to the amount of time when the performance or doing of an act, duty, matter, payment, or thing is ordered, directed, or prescribed. A period of time measured in days, except as otherwise provided, must be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on a Saturday, Sunday, or legal holiday, that day must be omitted from the computation.

Subp. 5. Dealer.

"Dealer" has the meaning given it in Minnesota Statutes, section 168.27, subdivision 1, clause (5).

Subp. 6. Franchise.

"Franchise" has the meaning given it in Minnesota Statutes, section 80E.03, subdivision 8.

Subp. 7. High value vehicle.

"High value vehicle" means a vehicle that is six years old or older as calculated from the first day of January of the designated model year that had an actual cash value in excess of $5,000 before being damaged, or a vehicle with a manufacturer's rating of over 26,000 pounds gross vehicle weight.

Subp. 8. Late model vehicle.

"Late model vehicle" means a vehicle that is less than six years old as calculated from the first day of January of the designated model year.

Subp. 9. Motor vehicle.

"Motor vehicle" has the meaning given it in Minnesota Statutes, section 168.27, subdivision 1, clause (13).

Subp. 10. Motor vehicle transaction.

A "motor vehicle transaction" includes the transactions listed in Minnesota Statutes, section 168.27, subdivisions 2, 3, 3a, 3b, 3c, 4, 6, and 7, for which a person must be licensed as a motor vehicle dealer in order to conduct the transaction.

Subp. 11. New motor vehicle.

"New motor vehicle" has the meaning given it in Minnesota Statutes, section 168.27, subdivision 1, clause (11).

Subp. 12. Officer.

"Officer" means an officer of a corporation and a manager of a limited liability company.

Subp. 13. Owner.

"Owner" means:

A. the sole proprietor of a proprietorship;

B. a partner in a partnership;

C. a corporation shareholder holding five percent or more of voting power of the shares issued; or

D. a limited liability company member holding five percent or more of the voting power of the membership interests issued.

Subp. 14. Primarily engaged in the business of.

"Primarily engaged in the business of," as it applies to a used vehicle parts dealer who buys or otherwise acquires vehicles for dismantling and selling the used parts and remaining scrap metals, means that the dealer has acquired more than five of those vehicles in a 12-month period and that acquiring those vehicles is not incidental to the dealer's business.

Subp. 15. Registrar.

"Registrar" means the registrar of motor vehicles of Minnesota, acting directly or through authorized agents. Under Minnesota Statutes, section 168.33, the commissioner of public safety is the registrar of motor vehicles.

Subp. 16. Sale, sells, selling, purchase, purchased, or acquired.

"Sale," "sells," "selling," "purchase," "purchased," or "acquired" has the meaning given it in Minnesota Statutes, section 297B.01, subdivision 16.

Subp. 17. Sufficient cause to believe.

"Sufficient cause to believe" means grounds put forth in good faith that are not arbitrary, irrational, unreasonable, or irrelevant and that make the proposition asserted more likely than not, provided the grounds are based on at least one of the following sources:

A. written information from an identified person;

B. facts or statements supplied by the applicant or dealer;

C. court documents and police records; and

D. facts of which the registrar or the registrar's employees have personal knowledge.

Subp. 18. Used motor vehicle.

"Used motor vehicle" has the meaning given it in Minnesota Statutes, section 168.27, subdivision 1, clause (10).

Subp. 19. Vehicle.

"Vehicle" has the meaning given it in Minnesota Statutes, section 168A.01, subdivision 24.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.0200 Contents of Application for Dealer License

An initial application for a dealer license must be on a form provided by the registrar and must contain the following information:

A. The application must contain the name, street address, and telephone number of the applicant. The application must also contain each additional name and street address that the applicant will use to conduct motor vehicle transactions.

B. The application must indicate whether the applicant is an individual, partnership, corporation, or limited liability company. The application must also list each owner, officer, and board member.

C. The application must contain the full name, date of birth, and driver's license number of each person named on the application. If a person does not have a driver's license, the application must contain the identification card number of that person. If a person's driver's license or identification card was issued by another state or country, the application must list the name of the state or country.

D. The application must indicate the type of dealer license sought.

E. The application must contain a history of dealer licensure of each person, partnership, corporation, and limited liability company named on the application. The history must be of each dealer license applied for or issued by Minnesota or by another jurisdiction and must include the issuance and expiration dates of the license. If a dealer license application was denied, or a dealer license was suspended, canceled, or revoked, the history must give the date and the reason.

F. The application must contain the criminal history of each person named on the application and an authorization for the registrar to conduct an investigation to verify this information. The criminal history must include each injunction or conviction for a violation listed in Minnesota Statutes, section 168.27, subdivision 11.

G. The application must verify that the applicant meets the established place of business requirements of parts 7400.4000 to 7400.4300 and Minnesota Statutes, section 168.27, subdivision 10.

H. The application must give the name of the provider and the policy number of the applicant's insurance required under Minnesota Statutes, chapter 65B.

I. The application must list the applicant's normal business hours. For a new motor vehicle dealer, normal business hours are the hours personnel are normally available. For a dealer other than a new motor vehicle dealer, normal business hours are the hours personnel or a telephone answering service are normally available.

J. Each person named on the application shall sign the application, verifying that the information on the application is true. The signatures must be notarized.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.0300 Items Filed with Application

Subpart 1. Requirement.

The items described in this part must be filed as part of an initial application for a dealer license.

Subp. 2. Fees.

The application must be accompanied by the license fees and filing fees required by statute.

Subp. 3. Surety bond.

This subpart applies to the application for a new motor vehicle dealer, used motor vehicle dealer, vehicle salvage pool, motor vehicle lessor, motor vehicle wholesaler, or motor vehicle auctioneer license. The application must be accompanied by a surety bond, as required by Minnesota Statutes, section 168.27, subdivision 24. This subpart does not apply to the application for a used vehicle parts dealer license or a scrap metal processor license.

Subp. 4. Statement of zoning compliance.

This subpart applies to the application for a new motor vehicle dealer, used motor vehicle dealer, vehicle salvage pool, motor vehicle lessor, motor vehicle wholesaler, or motor vehicle auctioneer license. The application must be accompanied by a statement from each local zoning authority where the applicant owns or leases a commercial building or commercial office space. The statement must acknowledge that the commercial building or commercial office space conforms to local zoning regulations. This subpart does not apply to the application for a used vehicle parts dealer license or a scrap metal processor license.

Subp. 5. Tax information.

The application must be accompanied by a completed tax information form required by the commissioner of revenue under Minnesota Statutes, section 270C.72.

Subp. 6. Copy of contract or franchise.

The application for a new motor vehicle dealer license must be accompanied by a copy of or documentation of each contract or franchise required under Minnesota Statutes, section 168.27, subdivision 10, clause (1)(b).

Subp. 7. Proof of ownership of building.

This subpart applies to the application for a new motor vehicle dealer, used motor vehicle dealer, vehicle salvage pool, motor vehicle lessor, motor vehicle wholesaler, or motor vehicle auctioneer license. The application must be accompanied by a copy of the lease or proof of ownership covering each established place of business of the applicant. The proof of ownership may be in the form of a deed or tax identification statement or similar document. This subpart does not apply to the application for a used vehicle parts dealer license or a scrap metal processor license.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157; L 2005 c 151 art 1 s 116

Minn. R. 7400.0400 Temporary Dealer License

The registrar shall grant a temporary dealer license to the applicant unless the registrar determines there is a reason to deny the temporary license. The registrar shall deny the license if the registrar determines there is a reason to deny the license. The registrar shall make this determination based on the application and the items filed with the application. The period of the temporary dealer license is 90 days. The registrar may extend the temporary license 30 days.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.0500 Granting Dealer License

The registrar shall grant a motor vehicle dealer license to the applicant at the end of the temporary license period unless the registrar determines there is a reason to deny the license. If the registrar determines there is a reason to deny the license, the registrar shall deny the license at the time of making the determination. A denial does not preclude the registrar from pursuing revocation or suspension. A temporary license expires at the time a license is denied.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.0600 Reasons to Deny Dealer License

The registrar shall deny a temporary motor vehicle dealer license and a motor vehicle dealer license for any of the following reasons:

A. The application or the items filed with the application do not meet the requirements of parts 7400.0200 and 7400.0300.

B. A person named on the application was an owner, officer, or board member of a dealer whose license was revoked under part 7400.1600 or 7400.1900. After the revocation period has elapsed, an applicant is not disqualified from being licensed.

C. A person named on the application has been enjoined or convicted for a violation listed in Minnesota Statutes, section 168.27, subdivision 11. An applicant is not disqualified from being licensed if the applicant can show that the person has met the conditions of Minnesota Statutes, chapter 364.

D. The applicant's established place of business does not meet the requirements of parts 7400.4000 to 7400.4300 and Minnesota Statutes, section 168.27, subdivision 10.

E. The commissioner of revenue notifies the registrar under Minnesota Statutes, section 270C.72, that the applicant owes the state delinquent taxes, penalties, or interest.

F. The registrar has sufficient cause to believe that the applicant, while holding a temporary dealer license, has committed a violation that is grounds for revocation under part 7400.1600 or 7400.1900, suspension under part 7400.1700 or 7400.1900, or cancellation under part 7400.1800.

G. The registrar is unable to verify the applicant's compliance with location or record keeping requirements because the applicant has not given the registrar access to the location or records after a request by the registrar under part 7400.4300, subpart 2.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157; L 2005 c 151 art 1 s 116

Minn. R. 7400.0700 Dealer License Renewal

Subpart 1. Expiration of dealer licenses.

A dealer license expires at midnight on December 31 of each year. A dealer license is valid upon renewal for the next calendar year. A temporary dealer license expires at midnight on December 31 of each year. A temporary dealer license is valid upon renewal for the remainder of the temporary license period.

Subp. 2. Renewal application.

A renewal application for a dealer license must be on a form provided by the registrar and must contain the following information:

A. The application must contain the dealer name and dealer number.

B. The application must verify that dealer information is accurate as of the date of the renewal. Dealer information includes information or items submitted with the dealer's initial license application, as amended by a notice of change.

C. One person named on the application shall sign the application, verifying that the information on the application is true. The signature must be notarized.

Subp. 3. Renewing dealer license; reasons for denial.

A dealer license may be renewed any time on or before December 31. To renew a dealer license, the dealer shall submit a completed license renewal application and the license and filing fees required by statute. The registrar shall renew the dealer license unless the registrar determines there is a reason to deny the renewal. The registrar shall deny the renewal for any of the following reasons:

A. The application does not meet the requirements of subpart 2.

B. The license and filing fees required by statute are not paid.

C. The license has been revoked under part 7400.1600 or 7400.1900 or canceled under part 7400.1800.

D. The commissioner of revenue notifies the registrar under Minnesota Statutes, section 270C.72, that the dealer owes the state delinquent taxes, penalties, or interest.

Subp. 4. Application after lapse.

Within 60 days after a dealer license has lapsed, a former dealer may obtain another dealer license by following the renewal procedures of this part. A person who obtains a dealer license under this subpart shall pay both the initial application fee and the annual fee. A person loses all dealer privileges after the expiration of a license and before a new license is granted.

Subp. 5. Requirements when license not renewed.

When a dealer license expires without being renewed, the dealer shall immediately return to the registrar the dealer license certificate, all dealer license plates, and all temporary vehicle permits.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157; L 2005 c 151 art 1 s 116

Minn. R. 7400.0800 Change in Dealer License Conditions

Subpart 1. Notice of change.

A dealer shall notify the registrar of a change in dealer information. Dealer information is the current information that the registrar has concerning a dealer based upon the information or items submitted by the dealer in its initial license application, as updated by any notices of change.

Subp. 2. Form of notice.

A notice of change must be made on a form provided by the registrar and must meet the following conditions:

A. A notice of change must indicate the dealer information that has changed.

B. A notice of change must be accompanied by initial license items that have changed.

C. One owner, officer, or board member shall sign the notice, verifying that the information on the notice is true. The signature must be notarized.

D. A person who is removed as an owner, officer, or board member shall sign the notice, verifying that the person has been removed. The signature must be notarized. If it is not possible for this person to sign, the notice of change must contain the reason.

Subp. 3. Timing of notice.

The dealer shall submit a notice of change so that it is received by the registrar before the change occurs, unless this is not possible, in which case, the dealer shall give notice as soon as reasonable. When a dealer adds a new location, the dealer may not sell a vehicle at that location until the registrar approves the location.

Subp. 4. Approval of location.

The registrar shall approve a location if it meets the established place of business requirements of parts 7400.4000 to 7400.4300 and Minnesota Statutes, section 168.27, subdivision 10. The registrar shall make this determination based on the notice of change and the items filed with the notice of change.

Subp. 5. Dealer license not transferable.

A dealer license may not be transferred from one person or organization to another. Another dealer license must be obtained before a successor dealer may engage in motor vehicle transactions. In addition, if the successor dealer is required to have a bond, the bond must be separate and distinct from the bond under the original license.

A dealer license issued to a partnership becomes invalid when an original partner leaves the partnership or a new partner is brought into the partnership.

A dealer license issued to a corporation or limited liability company becomes invalid when the entity is dissolved. A dealer license remains valid when a shareholder of the corporation or the name of the corporation is changed. A dealer license remains valid when a member of the limited liability company or the name of the limited liability company is changed.

A dealer license issued to an individual, partnership, corporation, or limited liability company does not transfer to a new business entity created by a change in the form of ownership of the business.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.0900 Consignment Sales

Subpart 1. New motor vehicles.

A person who solicits, accepts, offers for sale, or sells new motor vehicles on consignment must be licensed as a new motor vehicle dealer and must have a franchise for each type of new motor vehicle sold on consignment.

Subp. 2. Used motor vehicles.

A person who solicits, accepts, offers for sale, or sells used motor vehicles on consignment must be licensed as a new motor vehicle dealer, a used motor vehicle dealer, a motor vehicle wholesaler, or a motor vehicle auctioneer.

Subp. 3. Auctioneers.

This part does not apply to a licensed auctioneer selling motor vehicles at an auction if, in the ordinary course of the auctioneer's business, the sale of motor vehicles is incidental to the sale of other real or personal property.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.1000 Motorized Bicycle or Certain Trailer Dealers

Subpart 1. Scope.

Subparts 2 to 4 apply to a seller of motorized bicycles, boat trailers, horse trailers, or snowmobile trailers.

Subp. 2. Requirement.

The seller shall obtain a motor vehicle dealer license under Minnesota Statutes, section 168.27.

Subp. 3. Sales of other vehicles.

If the seller sells other motor vehicles in addition to motorized bicycles, boat trailers, horse trailers, or snowmobile trailers, the seller shall obtain a new motor vehicle dealer, used motor vehicle dealer, vehicle salvage pool, motor vehicle wholesaler, or motor vehicle auctioneer license.

Subp. 4. Contract or franchise.

The seller must have a contract or franchise with a manufacturer or distributor of new vehicles the seller proposes to sell, broker, wholesale, or auction.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.1500 License Withdrawal; Acts Attributed to Dealer

Subpart 1. Acts of owner, officer, or board member.

The registrar shall revoke, suspend, or cancel the dealer license of a partnership, corporation, or limited liability company if an owner, officer, or board member acts or fails to act as would be cause for revoking, suspending, or canceling a dealer license of that person as an individual.

Subp. 2. Acts of employee or agent.

A dealer is responsible for an act of a person while that person is acting as an employee or agent of the dealer, if the dealer authorizes or ratifies the act or if the dealer retains the benefits of the act after actual knowledge of the act.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.1600 Dealer License Revocation

Subpart 1. Grounds for revocation.

Revocation is the long-term withdrawal of a dealer license under Minnesota Statutes, section 168.27, subdivision 12. The registrar shall revoke a dealer license when there is sufficient cause to believe that the dealer has been convicted of a crime, has been enjoined due to a violation, has committed an act, or has failed to perform a duty as follows:

A. The dealer is convicted of violating or is enjoined due to a violation of Minnesota Statutes, section 325F.69.

B. The dealer is convicted of violating the Minnesota odometer law, Minnesota Statutes, section 325E.14, 325E.15, or 325E.16, or the federal odometer law, United States Code, title 15, sections 1981 to 1991, as amended through December 31, 1984.

C. The dealer is convicted of a gross misdemeanor or felony under Minnesota Statutes, section 609.53, for receiving or selling stolen vehicles or stolen parts.

D. The dealer is convicted of a felony related to the business of buying or selling motor vehicles or motor vehicle parts. If the felony conviction is from another jurisdiction, the registrar may not revoke unless the action or omission of the dealer would constitute a felony under Minnesota Statutes.

E. The dealer fails to pay the registrar all taxes, fees, and arrears due from the dealer within ten days after notice that the taxes or fees are required to be paid.

F. The dealer commits an act or fails to perform a duty that is grounds for suspension of a dealer license under part 7400.1700 and there are three suspensions under part 7400.1700 on the dealer's record within the past five years.

G. The dealer violates a suspension imposed under part 7400.1700.

H. The dealer submits a fraudulent license application.

Subp. 2. Revocation period and effect.

A dealer license is not valid after it is revoked. An owner, officer, or board member of a revoked dealer may not be an owner, officer, or board member of another licensed dealer during the revocation. When a dealer license is revoked, the dealer shall immediately surrender the dealer license certificate, all dealer license plates, and all temporary vehicle permits. The length of revocation is as follows:

A. The registrar shall use this item to determine the length of a revocation if the revocation is based solely or in part on a conviction of a crime or crimes as defined in Minnesota Statutes, section 364.02, subdivision 5. The revocation lasts until competent evidence is presented to the registrar that the person convicted has been sufficiently rehabilitated under the criteria of Minnesota Statutes, section 364.03, subdivision 3.

B. If the length of a revocation is not determined under item A, the length of revocation is one year.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.1700 Dealer License Suspension

Subpart 1. Grounds for suspension.

Suspension is the short-term withdrawal of a dealer license under Minnesota Statutes, section 168.27, subdivision 12. The registrar shall suspend a dealer license when there is sufficient cause to believe that the dealer has been convicted of a crime, has committed an act, or has failed to perform a duty as follows:

A. The dealer willfully violates a provision of Minnesota Statutes, chapter 168, or this chapter that is not specifically set out in parts 7400.1600, 7400.1800, and 7400.1900.

B. The dealer willfully violates or refuses to comply with a lawful request or order of the registrar.

C. The dealer is convicted of a gross misdemeanor related to the business of buying or selling motor vehicles or motor vehicle parts. If the gross misdemeanor conviction is from another jurisdiction, the registrar may not revoke unless the action or omission of the dealer would constitute a gross misdemeanor under Minnesota Statutes.

Subp. 2. Description of willfully.

For purposes of this part, the term "willfully":

A. describes an intentional act or omission by a dealer when the dealer knows or should reasonably know that the act or omission violates a law, rule, request, or order and the dealer is able to comply with the law, rule, request, or order; and

B. also describes an act or omission by a dealer, whether intentional or unintentional, when:

Subp. 3. Suspension period and effect.

A dealer license is not valid during a suspension. When a dealer license is suspended, the dealer shall immediately surrender the dealer license certificate, all dealer license plates, and all temporary vehicle permits. After a suspension period ends, the registrar shall return the dealer license certificate, dealer license plates, and temporary vehicle permits. A suspension period ends after the last day of the period regardless of whether this day falls on a Saturday or legal holiday. The suspension period is as follows:

A. The suspension period is seven days, if there are no suspensions under subpart 1 on the dealer's record within the past five years. The suspension period may be shortened if mitigating circumstances indicate that a shorter suspension period is appropriate. The suspension period must be at least three days.

B. The suspension period is 14 days, if there is one suspension under subpart 1 on the dealer's record within the past five years. The suspension period may be shortened if mitigating circumstances indicate that a shorter suspension period is appropriate. The suspension period must be at least seven days.

C. The suspension period is 28 days, if there are two suspensions under subpart 1 on the dealer's record within the past five years. The suspension period may be shortened if mitigating circumstances indicate that a shorter suspension period is appropriate. The suspension period must be at least 14 days.

D. When a suspension period is shortened based on mitigating circumstances, the registrar shall in writing identify the mitigating circumstances and give the reason for shortening the suspension period.

E. The suspension of a dealer license is on the record of the suspended dealer. The suspension of a dealer license is also on the record of another dealer if an owner, officer, or board member of the other dealer was an owner, officer, or board member of the suspended dealer at the time of the acts leading to the suspension.

F. When a suspension is imposed for a continuing violation, the suspension must last until the suspension period determined under items A to E expires or until the violation is corrected, whichever is later.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.1800 Dealer License Cancellation

Subpart 1. Grounds for cancellation.

Cancellation is the withdrawal of a dealer license during the period of time the dealer does not meet all dealer license requirements. The registrar shall cancel a dealer license when there is sufficient cause to believe that the dealer does not meet a dealer license requirement as follows:

A. The dealer holds a new motor vehicle dealer, used motor vehicle dealer, vehicle salvage pool, motor vehicle lessor, motor vehicle wholesaler, or motor vehicle auctioneer license and the dealer fails to have a surety bond as required by Minnesota Statutes, section 168.27, subdivision 24.

B. The dealer fails to provide or maintain the insurance required under Minnesota Statutes, chapter 65B.

C. The dealer pays its dealer license fee with a negotiable instrument that is not honored by the financial institution on which it is drawn.

D. The dealer's established place of business fails to meet the requirements of parts 7400.4000 to 7400.4300 and Minnesota Statutes, section 168.27, subdivision 10.

E. An owner, officer, or board member of the dealer is an owner, officer, or board member of another licensed dealer whose license is revoked. The registrar shall not cancel a license if the revocation period has elapsed.

F. A person is added as an owner, officer, or board member of the dealer and the person has been enjoined or convicted for a violation listed in Minnesota Statutes, section 168.27, subdivision 11. If the dealer can show that the person has met the conditions of Minnesota Statutes, chapter 364, the registrar shall not cancel the license.

Subp. 2. Cancellation period and effect.

A dealer license is not valid after it is canceled and before it is reinstated. When a dealer license is canceled, the dealer shall immediately surrender the dealer license certificate, all dealer license plates, and all temporary vehicle permits. The registrar shall reinstate the dealer license if the dealer, within 60 days of the license cancellation, corrects the problem that caused the registrar to cancel the license.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.1900 Sale of Motor Vehicles on Sunday

The registrar shall use Minnesota Statutes, section 168.276, to revoke or suspend a dealer license for a violation of Minnesota Statutes, section 168.275. The registrar shall not use parts 7400.1600 and 7400.1700 to revoke or suspend a dealer license for a violation of Minnesota Statutes, section 168.275.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.2000 Sale of Vehicles After Dealer License Withdrawal

Except as provided in this part, a dealer whose license has been revoked, canceled, or surrendered shall not do business as a motor vehicle dealer after the license is no longer valid. Upon a written request by a dealer whose license has been revoked, canceled, or surrendered, the registrar shall issue a permit to allow the dealer up to 30 days after the license is no longer valid to sell motor vehicles owned by the dealer, provided the conditions of items A to G are met. During the 30-day period, the registrar shall immediately rescind the dealer's permit when there is sufficient cause to believe that the dealer has violated any of the conditions of items A to G.

A. The dealer agrees in writing to observe the conditions of items B to G and any special conditions imposed by the registrar, such as inspection of vehicles or other conditions imposed to protect the interests of the registrar or the public.

B. The dealer's written agreement includes a list of the motor vehicles that the dealer wishes to sell during the 30-day period, including the vehicle identification number of each.

C. The dealer physically possesses the title certificate for each vehicle to be offered for sale and each title certificate is in the dealer's name or is properly assigned to the dealer.

D. Each vehicle to be offered for sale was owned by the dealer while the license was valid.

E. The vehicles are sold only to licensed dealers.

F. The dealer does not offer or sell motor vehicles held by the dealer for consignment sale.

G. The dealer does not buy vehicles or accept motor vehicle trade-ins.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.2200 Withdrawal Procedures; Definitions

Subpart 1. Scope.

The terms used in parts 7400.2200 to 7400.3700 have the meanings given them in this part.

Subp. 2. Party.

"Party" means each person named as a party by the registrar in the notice of and order for hearing. The term party includes the registrar and the registrar's employees and agents, except for the hearing examiner.

Subp. 3. Person.

"Person" means an individual, partnership, corporation, limited liability company, joint stock company, unincorporated association or society, municipal corporation, or any government or governmental subdivision, unit, or agency other than a court of law.

Subp. 4. Service or serve.

"Service" or "serve" means personal service or service by first class United States mail. An affidavit of service must be made by the person making the service. Personal service may be accomplished either by delivering a document to the dealer or by leaving a document with someone of suitable age and discretion at the address of the dealer as listed in the dealer records of the registrar. Service by mail must be addressed to the dealer at the address of the dealer as listed in the dealer records of the registrar. Service by mail is complete upon placing the item to be served in the mail with postage prepaid or depositing the item with the Central Mailing Section, Publications Division, Department of Administration.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.2300 Hearing; Service of Notice

Subpart 1. Scope.

This part governs whether a hearing must be held to revoke, suspend, or cancel a motor vehicle dealer license and, if so, when the notice of and order for hearing must be served.

Subp. 2. Summary cancellation.

When the registrar has grounds for cancellation under part 7400.1800, subpart 1, item A or B, the registrar shall cancel the dealer license without a hearing.

Subp. 3. Summary revocation; request for hearing, notice.

When the registrar has grounds for revocation under part 7400.1600, subpart 1, item A, B, or C, the registrar shall immediately revoke the dealer license. If a hearing is requested by the dealer within 15 days after the summary revocation, the registrar shall hold a hearing within 30 days after the summary revocation. If a hearing is requested by the dealer more than 15 days after the summary revocation, the registrar shall hold a hearing within 15 days after the request for hearing. The registrar shall serve a notice of and order for hearing on the dealer within a reasonable time before the hearing.

Subp. 4. Hearing and notice.

Except as provided in subparts 2 and 3, the registrar shall conduct a hearing before revoking, suspending, or canceling a dealer license under parts 7400.1600 to 7400.1800. The registrar shall serve a notice of and order for hearing on the dealer to commence the proceedings. The notice must be served not less than 30 days before the hearing if the notice is personally served and not less than 34 days before the hearing if the notice is served by mail. However, a shorter time may be allowed when it can be shown to the registrar that a shorter time is in the public interest and that interested persons are not likely to be prejudiced.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.2400 Hearings Before Hearing Examiner

Dealer license revocation, suspension, and cancellation hearings required to be conducted under part 7400.2300 must be conducted by a hearing examiner appointed by the registrar.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.2500 Notice of and Order for Hearing; Content

The notice of and order for hearing must contain, among other things, the following:

A. a caption that includes the proposed action and the name and dealer license number of the dealer;

B. the time, date, and place for the hearing;

C. the name, address, and telephone number of the hearing examiner;

D. a citation to the registrar's statutory authority to hold the hearing and take the action proposed;

E. a statement of the allegations or issues to be determined together with a citation to the relevant statutes or rules allegedly violated or that control the outcome of the case, and the corrective action considered appropriate;

F. a statement that if corrective action is considered appropriate and corrective action is not taken, the dealer's license may be revoked, suspended, or canceled;

G. a statement that the registrar's proposed action may affect other motor vehicle dealer licenses in which the dealer or an owner, officer, or board member of the dealer is involved;

H. notification of the dealer's right of representation:

I. a citation to the procedural rules of the registrar in parts 7400.2200 to 7400.3700 and to the contested case provisions of Minnesota Statutes, chapter 14, and notification of how copies may be obtained;

J. a brief description of the procedure to be followed at the hearing;

K. a statement advising the dealer to bring to the hearing the documents, records, and witnesses needed to support the dealer's position;

L. a statement that subpoenas may be available to compel the attendance of witnesses or the production of documents, referring the dealer to Minnesota Statutes, section 168.27, subdivision 13;

M. a statement advising the dealer of the name of the registrar's staff member or attorney general's staff member to contact to discuss informal disposition;

N. a statement advising the dealer that failure to appear at the hearing may result in the allegations of the notice of and order for hearing being taken as true, or the issues set out being deemed proved, and a statement that explains the possible results of the allegations being taken as true or the issues proved; and

O. a statement advising the dealer that if not public data is admitted into evidence it may become public unless the dealer objects and asks for relief under Minnesota Statutes, section 14.60, subdivision 2.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.2600 Right to Counsel

In a dealer license revocation, suspension, or cancellation, each party may be represented throughout the proceedings personally, by an attorney, or by a person of the party's choice if not otherwise prohibited as the unauthorized practice of law.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.2700 Consent Order, Settlement, Stipulation

Informal disposition may be made of a dealer license revocation, suspension, or cancellation or any issue by stipulation, agreed settlement, or consent order at any point in the proceedings.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.2800 Default

The registrar or the hearing examiner may dispose of a dealer license revocation, suspension, or cancellation adverse to a dealer that defaults. Upon default, the allegations of or the issues set out in the notice of and order for hearing may be taken as true or deemed proved without further evidence. A default occurs when a dealer fails to appear at a hearing without the prior consent of the hearing examiner.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.2900 Rights and Responsibilities of Parties

Parties have the right to present evidence, rebuttal testimony, and argument with respect to the issues, and to cross-examine witnesses. A party shall have all evidence that the party wishes to present at the hearing, both oral and written, available on the date for hearing.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.3000 Witnesses and Testimony

A party may be a witness and may present witnesses on the party's behalf at the hearing. Oral testimony at the hearing must be under oath or affirmation. At the request of a party or upon the hearing examiner's own motion, the hearing examiner shall exclude witnesses from the hearing room so that they cannot hear the testimony of other witnesses.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.3100 Burden of Proof

The party proposing that certain action be taken must prove the facts at issue by a preponderance of the evidence. A party asserting an affirmative defense has the burden of proving the existence of the defense by a preponderance of the evidence.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.3200 Hearing Record

The hearing examiner shall maintain the official record in each dealer license revocation, suspension, or cancellation until issuance of the hearing examiner's final report, at which time the record must be certified to the registrar.

The record in a dealer license revocation, suspension, or cancellation must contain the evidence offered or considered; the documents, memoranda, or data submitted by any party in connection with the case; the audiomagnetic recording of the hearing; the transcript of the hearing, if one was prepared; and the hearing examiner's report.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.3300 Hearing Examiner's Conduct

The hearing examiner shall not communicate, directly or indirectly, in connection with an issue of fact or law with a person or party, including the registrar, concerning a pending case, except upon notice and opportunity for all parties to participate. The hearing examiner may respond to questions relating solely to procedures for the hearing without violating parts 7400.2200 to 7400.3700.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.3400 Hearing Examiner's Report

No factual information or evidence that is not a part of the record may be considered by the hearing examiner or the registrar in determining a dealer license revocation, suspension, or cancellation.

Following the close of the record, the hearing examiner shall report the findings of fact, conclusions, and a recommendation, taking notice of the degree to which the registrar has documented the statutory authority to take the proposed action and fulfilled the relevant substantive and procedural requirements of law or rule. Upon completion, the report must be delivered to the registrar who shall serve a copy of the report upon the parties.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.3500 Timing of Registrar's Decision

The registrar shall not make a final decision until at least ten days after service of the hearing examiner's report if the report was personally served or 14 days after service if the report was served by mail.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.3600 Registrar's Decision; Effective Date

In each dealer license revocation, suspension, and cancellation, the registrar shall render a written decision and order and serve the decision and order on all parties. Part 7400.2200, subpart 4, notwithstanding, the registrar shall serve the decision and order in the manner provided by Minnesota Statutes, section 168.27, subdivision 13. Unless a later date is stated in the order, the order is effective upon service.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.3700 Registrar's Decision; Content

The registrar's decision and order must contain, among other things, the following:

A. a caption that includes the proposed action and the name and dealer license number of the dealer;

B. findings of fact and conclusions on the material issues;

C. the action taken by the registrar; and

D. when the license has been revoked without a hearing, notice of any rights that the dealer may have to a postrevocation hearing.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.4000 Salvage Pools, Used Parts Dealers, Scrap Processors

Subpart 1. Vehicle salvage pool.

A vehicle salvage pool licensee must have an established place of business, which must include as a minimum a commercial building owned or under lease by the licensee. The lease must be for a minimum term of one year. The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or automatic telephone answering service during normal business hours. Dealership business hours must be conspicuously posted on the place of doing business and readily viewable by the public. The licensee must have an area to display motor vehicles that is owned or under lease by the licensee. The display area may be either indoors or outdoors. The licensee must have a sign that clearly identifies the dealership by name and that is readily viewable by the public.

If a salvage pool maintains more than one place of doing business in a county, the separate places must be listed on the application. If additional places of business are maintained outside of one county, separate licenses must be obtained for each county.

Subp. 2. Used parts dealer or scrap processor.

A used vehicle parts dealer or scrap metal processor licensee must have an established place of business, which must include as a minimum a street address where the books, records, and files necessary to conduct the business are kept and maintained and where there is available during normal business hours either personnel or an automatic telephone answering service.

If a used vehicle parts dealer or scrap metal processor maintains more than one permanent place of doing business, either in one or more counties, the separate places must be listed in the application, but only one used vehicle parts dealer or scrap metal processor license is required.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.4100 Location

Subpart 1. Commercial building.

This subpart applies to a dealer licensed as a new motor vehicle dealer, a used motor vehicle dealer, a motor vehicle auctioneer, or a vehicle salvage pool. The dealer shall own or lease a commercial office space that must be enclosed with floor to ceiling walls. The office space must be for the exclusive use of the dealer. No person, partnership, corporation, or limited liability company other than the dealer may conduct business in the office space unless the other business is in a separate office space enclosed with floor to ceiling walls. The dealer may, however, conduct any business in the office space, provided the dealer maintains separate records for purchasing or selling motor vehicles or for other motor vehicle transactions. The dealer shall maintain a separate and identifiable doorway to the office space that leads directly to the office space from the outdoors or from a public area. The dealer may maintain other doorways to the office space. If any of the other doorways leads from commercial or residential space in the same building, there must be a door that can be shut and locked to close off the entire doorway. The dealer shall maintain an address that is separate from the address of any other business or entity in the building.

Subp. 2. Commercial office space.

This subpart applies to a dealer licensed as a motor vehicle lessor or a motor vehicle wholesaler. The dealer shall own or lease a commercial office space that is enclosed with floor to ceiling walls. The office space must be for the exclusive use of the dealer. No person, partnership, corporation, or limited liability company other than the dealer may conduct business in the office space unless the other business is in a separate office space enclosed with floor to ceiling walls. The dealer may, however, conduct any business in the office space, provided the dealer maintains separate records for purchasing or selling motor vehicles or for other motor vehicle transactions. The dealer may have any number of doorways to the dealership. If a doorway leads from commercial or residential space in the same building, there must be a door that can be shut and locked to close off the entire doorway.

Subp. 3. Display area.

This subpart applies to a dealer licensed as a new motor vehicle dealer, a used motor vehicle dealer, or a vehicle salvage pool. The area for the display of motor vehicles offered for sale by the dealer must be at least large enough for the reasonable display of five of the vehicles the dealer is selling. The display area boundaries or markings must make it readily apparent that the dealer is separate and distinct from other businesses.

Subp. 4. Additional location.

If a dealer has an additional location in a commercial building or commercial office space, the location must conform to all of the commercial building or commercial office space requirements that apply to the dealer's original location. If the dealer has an additional location that is outdoors or in a public area, the dealer shall own or lease the location and it must be readily apparent that the dealer is separate and distinct from other businesses.

Subp. 5. Phase-in.

The registrar shall waive the location requirements in this part for a licensed dealer whose location met the registrar's requirements at the time it was approved by the registrar, but whose location does not meet the requirements contained in this chapter. The waiver ends July 25, 1996. Until the waiver period ends, the location must meet either the requirements under which it was approved or the requirements of this part.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.4200 Signs

Subpart 1. Locations.

This subpart applies to a dealer licensed as a new motor vehicle dealer, a used motor vehicle dealer, or a vehicle salvage pool. There must be a sign clearly identifying the dealership by name at each location of the dealer. If the dealer's display area is not adjacent to the sign for the dealer's commercial building, the sign at the display area must also indicate where the commercial building is located. The sign must be in letters that contrast sharply in color with the background on which the letters are placed. If the sign is on a commercial building or a display area, it must be readily legible during daylight hours from the nearest road or street. If the sign is on a commercial office space, the sign must be readily legible in the lighting commonly used in the area of the sign from the nearest access to the sign.

Subp. 2. Vehicles.

This subpart applies to a dealer that acquires vehicles to dismantle or destroy. There must be a sign clearly identifying the dealer by name on each vehicle of the dealer used to transport another vehicle that the dealer has acquired to dismantle or destroy. The sign must appear on both sides of the vehicle while it is being used to transport a vehicle that will be dismantled or destroyed. The sign must be in letters that contrast sharply in color with the background on which the letters are placed and must be readily legible during daylight hours from a distance of 50 feet while the vehicle is stationary.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.4300 Normal Business Hours

Subpart 1. Absence during normal business hours.

If a new motor vehicle dealer will not have personnel available during normal business hours or if any other dealer will not have personnel available or an automatic telephone answering service during normal business hours, the dealer shall notify the registrar. The dealer shall give notice so that it is received by the registrar at least seven days before the absence will occur, unless the reason for the absence is not known at that time, in which case, the dealer shall give notice as soon as reasonable. The dealer may notify the registrar in writing or by telephone. If the dealer notifies the registrar by telephone, the registrar shall give the dealer a verification number.

Subp. 2. Records and location availability.

The limitations of this subpart apply only to routine dealer inspections conducted by dealer examiners of the Driver and Vehicle Services Division of the Department of Public Safety. A dealer shall make its records and location available to the registrar for inspection, upon the request of the registrar. If the request is made when personnel responsible for maintaining the records and location are available to assist the registrar at a dealer's established place of business during business hours, the dealer shall make the records and location available for inspection at that time. If the request is made when personnel responsible for maintaining the records and location are not available to assist the registrar, the dealer shall inform the registrar and shall make arrangements to make the records and location available to the registrar within 30 days of the request. If the request is made by a written notice or by leaving a message with the automatic telephone answering service of the dealer, the dealer shall respond by contacting the registrar within 14 days of the request and shall make the records and location available for inspection by the registrar within 30 days of the request.

For nonroutine dealer inspections, a dealer shall make its records and location available for inspection upon request as required by Minnesota Statutes, section 168A.11, subdivision 3. Nonroutine inspections include inspections by:

A. a peace officer;

B. a dealer examiner conducted to follow up on findings of noncompliance from a previous inspection; and

C. a dealer examiner conducted in conjunction with an inspection by a peace officer.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5000 Acquiring New Motor Vehicle; Documentation

Subpart 1. Documentation required on file.

For each new vehicle acquired and held for resale by a dealer, the dealer must have on file the originals or copies of the purchase agreement or dealer invoice and of the manufacturer's statement or certificate of origin.

Subp. 2. Purchase agreement or dealer invoice.

The purchase agreement or dealer invoice must be maintained and made available for the registrar's inspection for three years after the vehicle is sold or otherwise disposed of by the dealer. The purchase agreement or dealer invoice must contain the following information:

A. the name and address of the dealer and every seller;

B. a complete description of the vehicle, including the model year, make, model, body style, and vehicle identification number;

C. the date of acquisition; and

D. where applicable, signatures on behalf of the sellers and the dealer.

Subp. 3. Manufacturer's statement or certificate of origin.

The manufacturer's statement or certificate of origin must be maintained and made available for the registrar's inspection until the vehicle is sold or otherwise disposed of by the dealer.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5100 Acquiring Used Motor Vehicle; Documentation

Subpart 1. Documentation required on file.

For each used vehicle acquired and held for resale by a dealer, the dealer must have on file the originals or copies of the purchase agreement, an odometer statement, the certificate of title, and, if the vehicle has a Minnesota certificate of title, a dealer purchase receipt as required by Minnesota Statutes, section 168A.11.

Subp. 2. Purchase agreement.

The purchase agreement must be maintained and made available for the registrar's inspection for three years after the vehicle is sold or otherwise disposed of by the dealer. For a purchase from a licensed dealer or motor vehicle owner, this information does not need to be on a document separate from the certificate of title. The purchase agreement must contain the following information:

A. the name and address of the dealer and every seller;

B. a complete description of the vehicle, including the model year, make, model, body style, vehicle identification number, license plate number, and state of registration;

C. the date of acquisition; and

D. signatures on behalf of the sellers and the dealer.

Subp. 3. Odometer statement.

The odometer statement must meet the requirements of chapter 7402, and Minnesota Statutes, section 325E.15. The odometer statement must be maintained and made available for the registrar's inspection for three years after the vehicle is sold or otherwise disposed of by the dealer. The odometer statement does not need to be on a document separate from the certificate of title.

Subp. 4. Certificate of title.

The dealer shall ensure that the certificate of title is properly assigned to the dealer and signed by all sellers. The original or a copy of the certificate of title must be maintained and made available for the registrar's inspection until the vehicle is sold or otherwise disposed of by the dealer.

Subp. 5. Dealer purchase receipt.

The dealer purchase receipt must be maintained and made available for the registrar's inspection for three years after the vehicle is sold or otherwise disposed of by the dealer. The dealer purchase receipt must contain the following information:

A. the title number of the vehicle, when it is available, or the license plate number and state of registration, when the title number is not available;

B. a complete description of the vehicle, including the model year, make, model, body style, and vehicle identification number;

C. the names and street addresses of all sellers and, if applicable, the seller's dealer number;

D. the name, street address, and dealer number of the dealer submitting the dealer purchase receipt;

E. the date of acquisition; and

F. a signature on behalf of the dealer.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5200 Selling New or Used Motor Vehicle

Subpart 1. Documentation required on file.

For each vehicle sold by a dealer, the dealer must have on file copies of the sales agreement, an odometer statement, and, if the vehicle is sold to a Minnesota retail customer, evidence that taxes and fees have been collected from the customer and paid to the registrar and that an application for a Minnesota certificate of title has been completed and filed.

Subp. 2. Sales agreement.

The sales agreement must be maintained and made available for the registrar's inspection for three years after the sale of the vehicle. For a sale to a licensed dealer, this information does not need to be on a document separate from the manufacturer's statement or certificate of origin or the certificate of title. The sales agreement must contain the following information:

A. the name and address of the dealer and every purchaser;

B. a complete description of the vehicle, including the model year, make, model, body style, vehicle identification number, and, if a used vehicle, the license plate number and state of registration;

C. if the vehicle is sold to a retail customer, the sale price of the vehicle;

D. the allowance for and the description of any trade-in;

E. an itemized list of all fees and taxes collected in connection with the vehicle transaction;

F. the date of sale; and

G. signatures on behalf of the purchasers and the dealer.

Subp. 3. Odometer statement.

The odometer statement must meet the requirements of chapter 7402, and Minnesota Statutes, section 325E.15. The odometer statement must be maintained and made available for the registrar's inspection for three years after the sale of the vehicle. The odometer statement does not need to be on a document separate from the certificate of title.

Subp. 4. Taxes, fees, and title application.

Except as provided in items A to D, the dealer shall complete a title and registration application and shall submit the application along with the excise and registration taxes and all applicable fees to the registrar within ten days of the sale of the vehicle. The dealer must have on file an itemized receipt showing a breakdown of the taxes and fees paid. The receipt must be stamped as paid by a deputy registrar. The receipt must be maintained and made available for the registrar's inspection for three years after the sale of the vehicle.

A. If the purchaser is not a Minnesota customer, the dealer is not required to complete an application or submit the application, taxes, and fees.

B. If the purchaser is eligible to pay a prorated tax and provides a prorate account number to the dealer, the dealer shall complete and file a title application, but the dealer is not required to collect and submit either the excise or registration tax.

C. If the vehicle is currently registered in Minnesota, the dealer is not required to collect and submit the registration tax.

D. If the vehicle must have an emissions inspection before registration, the dealer is not required to collect and submit the registration tax.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5300 Holding Vehicle for Consignment Sale

Subpart 1. Consignment agreement required; content.

When a dealer has possession of a vehicle belonging to another person and the dealer is holding the vehicle for sale, the dealer must have on file an original or copy of a written consignment agreement. The dealer shall give one copy of the consignment agreement to each owner of the vehicle. The consignment agreement must be maintained by the dealer and made available for the registrar's inspection for three years after the vehicle is sold or otherwise disposed of by the dealer. The consignment agreement must contain the following information:

A. the beginning date and termination date of the agreement;

B. the full name, address, and phone number of each owner of the vehicle;

C. the full name, address, phone number, and dealer number of each dealer involved in the agreement;

D. a complete description of the vehicle, including the model year, make, model, body style, vehicle identification number, license plate number, and state of registration;

E. the vehicle odometer reading at the time the agreement is signed, unless the vehicle is reported to the registrar under part 7400.5700;

F. the terms of the agreement, including the method of calculating the dealer's compensation;

G. a statement specifying which party is responsible for maintaining insurance on the vehicle in accordance with Minnesota Statutes, chapter 65B, during the time the dealer is holding the vehicle for sale;

H. the policy number and the name of the insurance company providing insurance on the vehicle;

I. signatures on behalf of each owner and the dealer; and

J. if the vehicle is returned to the owner, the date of return and a signature on behalf of each owner acknowledging the return.

Subp. 2. Multiple vehicles under one consignment agreement.

A consignment agreement may cover multiple vehicles owned by the same person or persons and consigned to the same dealer. The description, odometer reading, and insurance information for each vehicle must be contained in the agreement or in an addendum to the agreement. An addendum to the agreement must clearly refer to the agreement and must be signed on behalf of each owner and on behalf of the dealer. The agreement and each addendum to the agreement must be maintained by the dealer and made available for the registrar's inspection for three years after the last vehicle covered by the agreement is sold or otherwise disposed of by the dealer.

Subp. 3. Selling junked vehicle.

Before selling on consignment an unrepairable total loss vehicle with a junking certificate, a dealer licensed as a vehicle salvage pool or acting as an agent of an insurance company shall verify that the purchaser holds a used vehicle parts dealer license from Minnesota.

Subp. 4. Salvage vehicle sold on consignment.

If a vehicle sold on consignment is subject to the requirements of Minnesota Statutes, section 168A.151, subdivision 1, a dealer may not deliver the title to the buyer unless the title is a salvage certificate of title.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5400 Temporary Vehicle Permits for Buyers

Subpart 1. Permits issued to dealers.

A temporary vehicle permit is a permit issued under Minnesota Statutes, section 168.091 or 168.092, to a purchaser of a motor vehicle. Permits may be distributed to a dealer for issuance to purchasers of motor vehicles from the dealer. When the dealer sells a motor vehicle, the dealer shall not issue more than one permit for the vehicle. When requested by the registrar, the dealer shall submit to the registrar the dealer's copy of a permit.

Subp. 2. Contents of permit.

The dealer's copy of a temporary vehicle permit must be maintained and made available for the registrar's inspection until the copy is submitted to the registrar under subpart 1 or for three years, whichever comes first. The permit must contain the following information:

A. the issue date and the expiration date of the permit;

B. a description of the vehicle, including the model year, make, and vehicle identification number;

C. when applicable, the registered gross weight of the vehicle;

D. either the name and address or the Minnesota driver's license number of the purchaser;

E. the name of the insurance company with which the purchaser holds an automobile insurance policy conforming to Minnesota Statutes, chapter 65B, and either the policy number or a statement that the policy number has not yet been issued;

F. the name and dealer number of the dealer; and

G. for a resident permit, the address of the dealer and a signature on behalf of the dealer.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5500 Leasing Vehicles

Subpart 1. Documentation required on file.

For each Minnesota-registered vehicle leased by a dealer, the dealer must have on file copies of the purchase agreement or dealer invoice, the certificate of title or the registration card, and all lease agreements transacted in Minnesota. For each leased vehicle with out-of-state registration, the dealer must have on file records indicating the state of title and registration, the date that a licensed location of the dealer took delivery of the vehicle in Minnesota, and copies of all lease agreements transacted in Minnesota. These documents must be maintained and made available for the registrar's inspection for three years after the vehicle is sold or otherwise disposed of by the dealer.

Subp. 2. Selling leased vehicle.

For each leased vehicle that is subsequently sold by the dealer, the dealer shall meet the requirements of part 7400.5200.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5600 Acquiring Salvage Vehicle

If a dealer acquires a damaged motor vehicle with an out-of-state title and the cost of repairs exceeds the value of the damaged vehicle, the dealer shall apply for a salvage certificate of title. If a dealer acquires a motor vehicle with an out-of-state salvage title or certificate as proof of ownership, the dealer shall apply for a salvage certificate of title. The dealer shall apply for the salvage certificate of title within 48 hours of receiving the out-of-state title. If the dealer sells the vehicle before the 48-hour period lapses, the dealer shall nevertheless apply for the salvage certificate of title and shall not deliver the out-of-state title to the buyer.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5700 Acquiring Vehicle to Dismantle or Destroy

Subpart 1. Older model vehicle.

When a dealer buys an older model vehicle to be dismantled or destroyed, the dealer shall report to the registrar and shall surrender the certificate of title to the registrar. Completion of the title in the name of the seller is not required. The dealer shall complete the report and shall submit it to the registrar within 30 days of taking delivery of the vehicle. A dealer's obligation to report the vehicle is met if the title has previously been surrendered to an appropriate titling authority.

Subp. 2. Late model or high value vehicle.

When a dealer buys a late model or high value vehicle to be dismantled or destroyed, the dealer shall report to the registrar and shall surrender the certificate of title to the registrar. The "Assignment by Seller" portion of the title must be completed and all security interests must be released. A dealer's obligation to report the vehicle and surrender the title is met if the title has previously been surrendered to an appropriate titling authority.

A. This item applies to a dealer licensed as a used vehicle parts dealer or a scrap metal processor, but not licensed as any other type of dealer. Within ten days of taking delivery of the vehicle, the dealer shall either complete the report or have an authorization from the owner or insurer of the vehicle. The dealer shall submit the report and the title to the registrar within ten days of receiving the title.

B. This item applies to a dealer that is licensed as a new motor vehicle dealer, used motor vehicle dealer, vehicle salvage pool, motor vehicle lessor, motor vehicle wholesaler, or motor vehicle auctioneer. Within 48 hours of taking delivery of the vehicle, the dealer shall either complete the report as set out in subpart 3 or meet all the requirements of part 7400.5100 for holding a vehicle for resale.

Subp. 3. Report.

The dealer shall make the report on a form created or approved by the registrar. A copy of the report must be maintained and made available for the registrar's inspection for three years after the decision to dismantle or destroy the vehicle. The report must include the following information:

A. the dealer's name and dealer number;

B. a complete description of the vehicle, including the model year, make, model, body style, vehicle identification number, license plate number, and state of registration; and

C. the seller's name and driver's license number. When the seller is a corporation, limited liability company, or partnership, the dealer shall include on the report the full name of the seller and of the person authorizing the sale in place of the seller's driver's license number. When the person selling the vehicle does not have a driver's license number available, the dealer shall include on the report the seller's full name and date of birth. When a dealer holds a vehicle for resale and later decides to dismantle or destroy the vehicle, the dealer may write "NOT AVAILABLE" in place of the seller's driver's license number. The registrar's acceptance of information on the report in place of the driver's license number is only for meeting the reporting requirements of subparts 1 and 2. The reporting does not serve to relieve the dealer of liability to the owner of the vehicle if the seller of the vehicle did not have authority to sell the vehicle.

Subp. 4. Title.

A title acquired by the dealer must be maintained and made available for the registrar's inspection until the title is surrendered to the registrar.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5800 Selling Salvage Vehicle Taken Out of State; Report

When a dealer sells a salvage vehicle to a buyer who intends to remove the vehicle from the state, the dealer shall report to the registrar. The report must be on a form created or approved by the registrar. The report must be submitted to the registrar within ten days of the buyer receiving the title or of the buyer removing the vehicle from the state, whichever is earlier. A copy of the report must be maintained by the dealer and made available for the registrar's inspection for three years after the sale of the vehicle. The report must include:

A. the dealer's name and dealer number;

B. a complete description of the vehicle, including the model year, make, model, body style, vehicle identification number, license plate number, and state of registration; and

C. the buyer's name and address.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.5900 Record Keeping

Subpart 1. Records kept on paper.

This part applies to all records required to be maintained by a dealer under this chapter. Except as otherwise provided in subpart 2, a dealer shall make all records on paper of a quality to ensure permanent records.

Subp. 2. Records kept on other media.

A dealer may make records using a medium other than paper if the dealer applies for and receives approval from the registrar. The registrar shall approve the use of an alternate medium for maintaining records if the registrar determines that the following conditions are met:

A. those authorized by law to have access to information contained in the records will have access to the information;

B. the accuracy, security, and permanency of information contained in the records will be adequately protected; and

C. the records are not otherwise required by law or rule to be an original document.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Minn. R. 7400.6000 Dealer License Plates

Subpart 1. Use by dealer.

Under Minnesota Statutes, section 168.27, subdivision 16, clause (1), a motor vehicle owned by a dealer and bearing a dealer demonstration plate may be used by the dealer, or by the dealer's spouse, or by a full-time employee of the dealer for either private or business purposes. All owners, officers, and board members are dealers for purposes of the use of dealer demonstration plates.

Subp. 2. Use by prospective buyer.

Under Minnesota Statutes, section 168.27, subdivision 16, clause (3), a dealer demonstration plate may be used for demonstration purposes by a prospective buyer of a motor vehicle. During the demonstration period, the vehicle may be used for private or business purposes by the prospective buyer.

Subp. 3. Improper use of dealer plate.

The registrar shall immediately revoke a dealer demonstration plate or a dealer in-transit plate when the registrar has sufficient cause to believe that the plate was used on a vehicle other than as provided in subparts 1 and 2 or Minnesota Statutes, section 168.27, subdivisions 16 and 17. When a dealer plate is revoked, the dealer shall surrender the plate to a peace officer or to the registrar at the time notice of revocation is delivered to the dealer. If a revoked dealer plate is not at the dealer's place of business when a notice of the revocation is served, the dealer shall surrender the plate to the registrar within 48 hours after notice of the revocation is served. The vehicle on which the dealer plate was misused must be titled and registered within ten days of the revocation of the plate.

History

• Statutory Authority: MS s 299A.01
• History: 19 SR 157

Chapter 7402 MOTOR VEHICLE ODOMETERS

Minn. R. 7402.0100 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 7402.0200 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 7402.0300 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 7402.0400 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Minn. R. 7402.0500 [Repealed, L 2000 c 469 s 7]

[Repealed, L 2000 c 469 s 7]

Chapter 7403 VEHICLE LICENSE PLATES

Minn. R. 7403.0100 Definitions

Subpart 1. Scope.

For the purpose of this chapter, the following terms have the meanings given them.

Subp. 2. Division.

"Division" means the Driver and Vehicle Services Division of the Department of Public Safety of the state of Minnesota.

Subp. 2a. Naval zero.

"Naval zero" means a symbol or character depicted by a zero intersected with a virgule.

Subp. 3. Plate year.

"Plate year" means the first registration year of a multiyear issue plate.

Subp. 3a. Plates.

"Plates" means either regular plates or special plates unless otherwise specified.

Subp. 4. Registrar.

"Registrar" means the registrar of motor vehicles of the state of Minnesota.

Subp. 5.

[Repealed, 17 SR 1892]

Subp. 6. Regular plates.

"Regular plates" means standard issue, sequentially numbered and lettered plates.

Subp. 7. Special plates.

"Special plates" means plates that are specifically selected by the applicant. Special plates include personalized plate combinations and plates that commemorate, signify membership in, or raise revenue for selected organizations.

Subp. 8. Validation sticker.

"Validation sticker" means a license plate sticker, with a control number, which designates weight or expiration date.

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 168A.24; 299A.01
• History: 17 SR 1892; 21 SR 330

Minn. R. 7403.0200 Purpose

The purpose of this chapter is to implement and provide effective administration for issuing and transferring plates as provided by Minnesota Statutes, chapter 168.

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 299A.01
• History: 17 SR 1892

Minn. R. 7403.0300 Scope

The scope of this chapter is intended to be consistent with the provisions of Minnesota Statutes, chapter 168.

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 299A.01
• History: 17 SR 1892

Minn. R. 7403.0400 Plates; Format and Content

Subpart 1. Characters.

The characters displayed upon a plate may be only:

A. the following uppercase letters: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, and Z;

B. the following numbers: 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9; and

C. the naval zero.

Subp. 2. Statutory specifications.

The plates must be manufactured with the paint color, character size, character type style, reflective material, and other specifications used by the division for vehicles registered under Minnesota Statutes, section 168.017, for the appropriate plate year.

Subp. 3.

[Repealed, 17 SR 1892]

Subp. 4. Characters limited.

Plates must have all of the following character limitations:

A. Plates must have at least one full-size letter or number.

B. Stacked characters must count as one full-size character. Stacked characters are two letters or numbers that occupy one space in which one letter or number is placed directly above the second letter or number.

C. No characters other than those specified in subpart 1, items A and B, will be permitted on a personalized plate. Stacked characters are not permitted on a personalized plate. The naval zero will be restricted for use on amateur radio operator (ARO) special license plates exclusively.

Subp. 5. Duplication.

No plate may be a duplicate of any current plate or a duplicate of any plate in a numbering system used by the division. The number one (1) and the letter I, or the naval zero, the number zero (0), and the letter O are deemed to be the same character and may not be duplicated to create new combinations. For example, TIM and T1M would be considered duplicates.

Subp. 6. Division plate combinations.

No plate used or reserved by the division for a specific type of vehicle may be recalled from storage and destroyed in order that the combination may be issued again as a plate for another type of vehicle.

Subp. 7. Spacing and hyphenation.

An applicant may elect to group characters by spacing or hyphenation on a personalized plate. Hyphens must not be used consecutively. A space or hyphen is not a character. However, hyphens and spaces must count toward the total number of characters allowed on a plate. Combinations of characters, spaces, or hyphens totaling more than seven will be rejected. Motorcycle plates are limited to six characters. If the total of characters, spaces, or hyphens is less than these limits, the division shall have the right to center the characters, spaces, or hyphens on the plate.

Subp. 8. Unique symbols and weight designation stickers.

Unique symbols, determined by the department, and weight designation stickers may be required on a plate. A unique symbol or weight designation sticker is not a character. Unique symbols or weight designation stickers, when required, must count toward the total number of characters.

Subp. 9. Multiple owners; special plates.

If the original application for a special plate is for a vehicle owned or leased by more than one person, at least one owner or lessee must sign the application.

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 168A.24; 299A.01
• History: 17 SR 1892; 21 SR 330

Minn. R. 7403.0500 Personalized Plate Application; Contents, Review

Subpart 1. Combination choices.

An applicant may submit up to three character combinations to be designated as a personalized plate. The division will determine if the first combination of characters has not been issued and is not of an obscene, indecent, or immoral nature or such as would offend public morals or decency. If the applicant's first choice cannot be issued, the division will review, in the same manner, the other choices listed. If no plate can be issued, the application will be canceled and all appropriate fees will be refunded to the applicant.

Subp. 2.

[Repealed, 17 SR 1892]

Subp. 3. Reserved combinations.

Only those combinations of characters approved for manufacture and paid for will be considered reserved.

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 299A.01
• History: 17 SR 1892

Minn. R. 7403.0600 Replacing Personalized Plates

Subpart 1. Loss, theft, destruction, or scheduled replacement.

In the event of the loss, theft, destruction, or scheduled replacement of the personalized plate issued, the registrar, upon receiving a written statement from the owner setting forth the circumstances, may issue a new set of personalized plates with the same combination of characters. The written statement must be on a form prescribed by the division.

Subp. 2.

[Repealed, 17 SR 1892]

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 299A.01
• History: 17 SR 1892

Minn. R. 7403.0700 [Repealed, 17 SR 1892]

[Repealed, 17 SR 1892]

Minn. R. 7403.0800 Refunds for Special Plates

Subpart 1. Conditions.

Prorated refunds of the application fee for special plates may be made if the owner returns the unused special plates to the department, within 45 days of original issuance as indicated on department records.

Subp. 2. Reserved combinations.

When a refund is made, the combination of characters is no longer reserved.

Subp. 3.

[Repealed, 17 SR 1892]

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 299A.01
• History: 17 SR 1892

Minn. R. 7403.0850 Recall of Personalized Plates

If, as a result of a written complaint, the division considers a personalized character combination currently in use to be obscene, indecent, or immoral, the owner of the character combination must be notified, in writing, of the following:

A. that a complaint has been received regarding the character combination;

B. the nature of the complaint;

C. that the division finds the complaint to be valid;

D. the reason the division finds the complaint to be valid;

E. that the character combination is no longer valid after 30 days from the date the notice was mailed; and

F. that the owner of the plate is entitled to:

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 299A.01
• History: 17 SR 1892

Minn. R. 7403.0900 Special Plates Assignment, Retention, Transfer

Subpart 1. In general.

Special plates, as specified in Minnesota Statutes, chapter 168, are assigned by the division to an owner for the exclusive use on the vehicle described in the application.

Subp. 2. Transfer.

Special plates may be transferred to another vehicle owned by the applicant upon:

A. written notification, on a form prescribed by the registrar, to the registrar;

B. payment of the prescribed transfer fee as provided by Minnesota Statutes, chapter 168; and

C. registration of the vehicle in Minnesota.

Subp. 3. Election to transfer plates.

If an owner sells a vehicle to which special plates have been issued, the owner may elect to transfer the special plates with the vehicle to an eligible buyer or vehicle. Eligibility is determined by the particular provision in Minnesota Statutes, chapter 168, governing the issuance of the particular special plate. The buyer of the special plates shall submit the necessary information, on a form prescribed by the registrar, to verify eligibility for the special plates.

Upon transferring the special plates to an eligible buyer, the owner automatically assigns to the buyer the right to reserve that combination of characters and the right to any refund of the personalized plate fees.

Special plates are considered assigned to the buyer of the vehicle unless the owner elects to retain the plates according to the procedures in subpart 4.

Subp. 4. Election to retain plates.

If an owner sells a vehicle to which special plates have been issued and elects to retain the special plates, it is the responsibility of the owner or the owner's agent to apply for regular plates before the vehicle is sold. However, the owner is not required to obtain regular plates before the vehicle is sold if the owner notifies the department, in writing:

A. of the disposition of the special plates;

B. whether the owner will retain the rights to the plate combination; and

C. if the vehicle will be sold to:

Subp. 5.

[Repealed, 17 SR 1892]

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 299A.01
• History: 17 SR 1892

Minn. R. 7403.0950 Rights to Personalized Plate Combination

An owner retains the rights to the personalized plate combination obtained only if the current registration is maintained. If the registration has lapsed for a period of at least one full 12-month registration year, the division may reissue the combination to any qualified applicant without notifying the previous owner. At any time during this year, the owner may waive the right to the combination. The division may accept an application at any time, but will not reissue a combination until the full 12-month registration period has lapsed.

History

• Statutory Authority: MS s 14.06; 168A.24; 299A.01
• History: 21 SR 330

Minn. R. 7403.1000 [Repealed, 17 SR 1892]

[Repealed, 17 SR 1892]

Minn. R. 7403.1100 [Repealed, 17 SR 1892]

[Repealed, 17 SR 1892]

Minn. R. 7403.1200 Daily Sequencing of Personalized Plate Applications

Each application for personalized plates will be date-stamped by the receiving office. In the central office, applications bearing the same stamped date will be selected at random and numbered in ascending order. Applications with the same date will then be reviewed and character combinations approved for manufacture pursuant to parts 7403.0400 and 7403.0500 in ascending numerical sequence.

History

• Statutory Authority: MS s 14.06; 168.12; 168.123; 168.125; 299A.01
• History: 17 SR 1892

Minn. R. 7403.1300 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7403.1400 [Repealed, L 2009 c 21 s 2]

[Repealed, L 2009 c 21 s 2]

Chapter 7404 DRIVER LICENSING AGENTS

Minn. R. 7404.0100 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the following terms have the meanings given them.

Subp. 2. Agent.

"Agent" means an individual appointed under this chapter and Minnesota Statutes, section 171.061.

Subp. 3. Applicant.

"Applicant" has the meaning given in Minnesota Statutes, section 171.061, subdivision 1, clause (1).

Subp. 4. Application.

"Application" has the meaning given in Minnesota Statutes, section 171.061, subdivision 1, clause (2).

A. An application must be in a paper, electronic, or other format as prescribed by the commissioner.

B. An application includes the supporting documents provided by the applicant.

Subp. 5. Approved office location.

"Approved office location" means a location that has been approved by the commissioner as meeting the requirements of part 7404.0300 but for which an agent appointment has not been made.

Subp. 6. Bureau.

"Bureau" means a county licensing bureau established under Minnesota Statutes, section 373.33. A bureau includes all approved office locations established under the bureau to accept applications.

Subp. 7. Certificate of appointment.

"Certificate of appointment" means the documents appointing the agent.

Subp. 8. Collected or collection.

"Collected" or "collection" means:

A. the receipt of application and reinstatement fees and other related fees paid by an applicant less the filing fee specified in Minnesota Statutes, section 171.061, subdivision 4, paragraph (c); and

B. the receipt by the agent from the applicant of any required application or form.

Subp. 9. Commissioner.

"Commissioner" means the commissioner of public safety.

Subp. 9a. Convenience fee.

"Convenience fee" means an additional amount charged to a person's credit card or debit card when the person chooses to pay for a transaction by credit card or debit card.

Subp. 10. County board.

"County board" means the county board governed by the provisions in Minnesota Statutes, chapter 375.

Subp. 11. Conviction of crime.

"Conviction of crime" means conviction of a felony, gross misdemeanor, or misdemeanor reasonably related to the function of an agent.

Subp. 12. Deputy registrar.

"Deputy registrar" means a person appointed under chapter 7406 and Minnesota Statutes, section 168.33.

Subp. 13. Discontinuance or discontinued.

"Discontinuance" or "discontinued" means the immediate suspension, suspension, or revocation of an appointment.

Subp. 14. Existing office.

"Existing office" means an agent office for which the location has been approved and the appointment of the agent has been made by or approved by the commissioner, as specified in a certificate of appointment. An existing office does not include state-operated application or examination sites.

Subp. 15. Inventory.

"Inventory" means state-issued or required supplies and equipment necessary to process applications such as forms, vision-testing equipment, and photo identification equipment.

Subp. 16. Metropolitan county.

"Metropolitan county" has the meaning given it in Minnesota Statutes, section 473.121, subdivision 4.

Subp. 17. Municipality.

"Municipality" means a statutory city, home rule charter city, town, or township.

Subp. 18. Next working day.

"Next working day" means the 24-hour period following the daily close of the agent's office. A working day does not include:

A. a Saturday, Sunday, or legal holiday listed in Minnesota Statutes, section 645.44, subdivision 5;

B. a nonbanking day of approved state depositories;

C. a holiday authorized under Minnesota Statutes, section 373.052, subdivision 1, for agents who are county officers or employees; or

D. a day that an office is not open for business, upon approval from the commissioner.

Subp. 19. Office.

"Office" means an existing office unless otherwise specified.

Subp. 20. Proposed office location.

"Proposed office location" means a location that has been submitted to the commissioner for consideration as an approved office location under part 7404.0300, or a move of an existing office location under part 7404.0330.

Subp. 21. Qualified newspaper.

"Qualified newspaper" means a newspaper that meets the requirements of Minnesota Statutes, chapter 331A.

Subp. 22. Sufficient cause to believe.

"Sufficient cause to believe" means grounds that are put forth in good faith; that are not arbitrary, irrational, unreasonable, or irrelevant; that make the proposition asserted more likely than not; and that are based on at least one of the following sources:

A. written information from an identified person;

B. facts or statements by an applicant for appointment as an agent, or by an appointed agent;

C. court documents, state records, and police records; or

D. facts of which the commissioner or commissioner's employees have personal knowledge.

History

• Statutory Authority: MS s 14.06; 14.386; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283; 37 SR 239

Minn. R. 7404.0200 Purpose

The purpose of this chapter is to carry out the mandate of the legislature as set forth in Minnesota Statutes, section 171.061, with respect to the appointment and regulation of driver's license agents.

History

• Statutory Authority: MS s 171.061
• History: 23 SR 1454

Minn. R. 7404.0300 Location of Agent Office; Proposed by Third Party

Subpart 1. General.

This part applies to the establishment of an agent office not in existence when the location of the office is proposed by a party other than the commissioner.

Subp. 2.

[Repealed, 32 SR 1283]

Subp. 3. Metropolitan counties.

The conditions listed in this subpart must be met before the commissioner considers a proposed office location for an agent in a metropolitan county.

A. The proposed office location must not be within a ten-mile radius of an existing office or a state-operated application site.

B. The estimated number of applications a proposed office location processes annually must be at least 12,000 within two years after the establishment of the office. The commissioner shall estimate the number of applications as 30 percent of the applications processed within the preceding calendar year by existing offices and state-operated application sites located within a radius of the proposed office location of over ten miles and less than 19 miles.

C. The commissioner shall not consider the proposed office location if the use of the percentage of applications processed by an existing office or state-operated application site to establish a proposed office would reduce the number of applications to less than:

D. If a percentage of applications processed by an existing office or state-operated application site was used to establish a new office, that percentage may not be used again in consideration of another proposed office within a two-year period. The two-year period starts from the date the agent was appointed.

E. The commissioner shall not consider a proposed office location if the proposed office location is within a 20-mile radius of an existing office or state-operated application site established within the last two years. The two-year period starts from the date the agent was appointed or the state-operated site was established.

Subp. 4. Municipalities with over 50,000 population.

The conditions listed in this subpart must be met before a proposed office location is considered by the commissioner in a municipality with a population exceeding 50,000, not including municipalities in a metropolitan county.

A. The proposed office location must not be located within a ten-mile radius of an existing office or state-operated application site.

B. A maximum of two licensing agent offices may exist in any municipality with a population exceeding 50,000.

C. The estimated number of applications a proposed office location processes annually must be at least 6,500 within two years after the establishment of the office. The commissioner shall estimate the number of applications as 30 percent of the applications processed within the preceding calendar year by existing offices and state-operated application sites located within a radius of the proposed office location of over ten miles but less than 19 miles.

D. The commissioner shall not consider a proposed office location if the use of a percentage of applications processed by an existing office or state-operated application site to establish a proposed office would reduce the number of applications to less than:

E. If a percentage of applications processed by an existing office or state-operated application site was used to establish a new office, that percentage may not be used again in consideration of another proposed office within a two-year period. The two-year period starts from the date the agent was appointed or the state-operated site was established.

F. The commissioner shall not consider a proposed office location if the proposed office location is within a ten-mile radius of an existing office or state-operated application site established within the last two years. The two-year period starts from the date the agent was appointed or the state-operated site was established.

Subp. 5. Other areas.

The conditions listed in this subpart must be met before a proposed office location is considered by the commissioner in all other municipalities not included in subpart 3 or 4.

A. The proposed office location must not be located within a 25-mile radius of an existing office or state-operated application site.

B. The proposed office location must not be located in a municipality of less than 25,000 population if there is an existing office or state-operated application site in that municipality.

C. The estimated number of applications that a proposed office location will process annually must be at least 2,500 within two years after the establishment of the office. The number of applications must be estimated as follows:

D. The commissioner shall not consider a proposed office location if the use of the percentage of applications processed by an existing office or state-operated application site, to establish a proposed office, would reduce the number of transactions to less than:

E. If a percentage of applications processed by an existing office or state-operated application site was used to establish a new office, that percentage may not be used again in consideration of another proposed office within a two-year period. The two-year period starts from the date the agent was appointed or the state-operated site was established.

F. The commissioner shall not consider a proposed office location if the proposed office location is within a 30-mile radius of an existing office or state-operated application site established within the last two years. The two-year period starts from the date the agent was appointed.

Subp. 6. Restriction on processing proposed office location.

When a request for a proposed office location is submitted to the commissioner, no other requests for a proposed office location shall be considered for any location or a location within a 30-mile radius of the proposed office location until:

A. the commissioner either approves the proposed office location or all appeals associated with a disapproval have been resolved; and

B. the appointment of an agent for the approved office location under this chapter is completed.

History

• Statutory Authority: MS s 14.06; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283

Minn. R. 7404.0305 Additional Office Location Considerations

Subpart 1. Factors considered.

Before appointing an agent, the commissioner must approve a proposed location for an agent office. In addition to the information and conditions specified in part 7404.0300, the commissioner shall consider the factors described in this part when considering a proposed office location:

A. the accessibility of the office location to the public;

B. the cost to the state to audit, monitor, and train the agent and staff at the office; and

C. whether the office location will best serve the public convenience.

Subp. 2. Disapproval of proposed office location.

If a request for an office location is not approved, the commissioner shall notify the individual proposing the office location in writing and provide a statement of the reason for the disapproval. The statement must notify the individual that, within 30 days from the day the notice was mailed, the individual may appeal the disapproval to the Office of Administrative Hearings for a contested case hearing under Minnesota Statutes, chapter 14, if a factor in subpart 1 was cited for disapproval and disapproval was not due to a failure to meet the distance or transaction requirements for office location.

History

• Statutory Authority: MS s 14.06; 171.06; 373.35
• History: 32 SR 1283

Minn. R. 7404.0307 Office Location Proposed by Commissioner

Subpart 1. Commissioner's initiative; criteria.

Part 7404.0300 notwithstanding, the commissioner may propose an office location to be overseen by a licensing agent. The office location may be proposed to:

A. meet an emerging or demonstrated application site need;

B. address an emerging or demonstrated population need; or

C. improve public access or service delivery.

Subp. 2. Notice.

When the commissioner proposes an office location, notice of the proposed office location must be made to existing licensing agents.

A. If the proposed office location complies with the distance and projected application numbers in part 7404.0300, the commissioner shall publish notice of the proposed office location once in a qualified newspaper in the county where the proposed office is located. The notice must specify the:

B. The process for appointing an agent at the proposed office location shall follow the applicable procedures in parts 7404.0360 and 7404.0370.

C. If the commissioner's proposed office location is within the distances specified in part 7404.0300 from an existing licensing agent's office, the commissioner shall:

D. If more than one existing licensing agent is within the distance radius of the commissioner's proposed office location, the commissioner shall consider appointment of a licensing agent in order of the agent office closest to the proposed location.

E. If all agents within the distance radius decline the appointment to operate the new office location, then the commissioner shall proceed to appoint an agent for the office following the procedures in item A.

F. Nothing in this part prevents a state-operated application site from opening at a location for public convenience or the efficient and effective delivery of state services.

History

• Statutory Authority: MS s 14.06; 171.06; 373.35
• History: 32 SR 1283

Minn. R. 7404.0310 Exceptions

Subpart 1. One agent per county bureau.

Pursuant to Minnesota Statutes, sections 373.33 and 373.35, if the county board designates the county license bureau director as a licensing agent, the license bureau director is responsible for all bureau sites where applications are accepted in the county. Each bureau site where applications are accepted must meet the criteria for establishment of an office as specified in part 7404.0300.

Subp. 2. Low-volume existing office; county board decision.

Notwithstanding part 7404.0300, an agent may be appointed at an existing office location upon the death, resignation, discontinuance, or retirement of an existing agent whose office does not comply with the application numbers for the establishment of an office specified in part 7404.0300, plus or minus two percent of the average application numbers in the preceding three years, only if:

A. the county board notifies the commissioner within one week after the next regularly scheduled county board meeting or within 60 days after the death, resignation, discontinuance, or retirement of the existing agent, that the county board wants to designate an agent for appointment by the commissioner and maintain that existing office location;

B. the county board designates a new agent for appointment by the commissioner and verifies to the commissioner that the individual meets the requirements for an agent specified in part 7404.0360 within 60 days from the time the vacancy occurred;

C. there is not another existing office or state-operated application site located within the distances specified in part 7404.0300; and

D. the county board or the new agent agrees to procure and maintain:

Subp. 3. Low-volume location; commissioner's appointment.

If the county board declines to designate an agent for appointment by the commissioner at the existing low-volume location described in subpart 2, the appointment of the agent and all state-provided inventory and equipment reverts to the commissioner.

A. The commissioner shall decide whether to appoint another agent at the existing low-volume office within six months after notice by the county board that it will not designate another agent for appointment by the commissioner.

B. The commissioner shall appoint an agent at the existing office with a low application volume and procure and maintain the photo identification, vision-testing equipment, and any other equipment or inventory necessary to process applications for the site only if the office is not in a metropolitan county and there is not another application site, including state-operated application sites, within 35 miles of the existing low-volume office.

Subp. 4. Minimum distance exception.

Notwithstanding part 7404.0300, a new agent may be appointed at an office location in existence as of January 1, 1999, which does not meet the minimum distance in part 7404.0300, if the number of applications accepted by the office meet or exceed the minimums specified in part 7404.0300 during each of the three years preceding the date of application for a new agent appointment.

History

• Statutory Authority: MS s 14.06; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283

Minn. R. 7404.0330 Move of Existing Office Location

Subpart 1. In general.

A move of an existing office must meet the requirements of part 7404.0300, be within the same county, and be approved by the commissioner before the move. This part does not apply to the location of state-operated application or examination sites.

Subp. 2. Variance.

An agent may apply to the commissioner for a variance from the requirements of subpart 1, except that no existing office is allowed to move to a different county.

A. An agent may apply for a variance by submitting a written request to the commissioner.

B. The variance request must specify and the commissioner shall consider the following factors when reviewing the variance request:

Subp. 3. Commissioner's decision.

The commissioner shall review the request for a variance and grant or deny it within 60 days after its receipt or within 60 days after the date of the commissioner's request for additional information, whichever is later.

A. The commissioner shall give the agent written justification for a decision to deny the variance.

B. Failure to submit the required information under this subpart within 30 days of the commissioner's request for information is cause to deny an agent's request for a variance.

Subp. 4. Right to review commissioner's decision.

An agent may contest the denial of a variance of the commissioner by requesting a hearing.

A. The agent shall submit, within 15 days of the receipt of the commissioner's decision, a request for a hearing.

B. The request for a hearing must set forth in detail the reasons why the agent contends the decision of the commissioner should be changed.

C. The hearing must follow the hearing procedures in parts 7406.1100 to 7406.2600.

History

• Statutory Authority: MS s 14.06; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283

Minn. R. 7404.0340 Deputy Registrar as Limited Licensing Agent

Subpart 1. Deputy registrar as limited licensing agent.

Notwithstanding part 7404.0300, as of January 22, 2008, all deputy registrars appointed by the commissioner under chapter 7406 and Minnesota Statutes, section 168.33, must also be appointed by the commissioner to assume the duties of a limited licensing agent as specified in this part.

Subp. 2. Limited licensing agent.

A limited licensing agent shall accept applications only for a duplicate driver's license or duplicate Minnesota identification card.

A. The duties of a limited licensing agent must not require the use of equipment to capture the image or signature or to test the vision of an applicant.

B. A limited licensing agent shall accept an application for a duplicate driver's license or duplicate state identification card if:

C. The procedures in part 7410.0450 for issuance of a duplicate driver's license or duplicate identification card apply.

D. The applicant's digital image and signature must be on file with the department and the technology to retrieve that information must be available at the application site.

E. No information on file with the department, except the applicant's residence address, may be changed when applying for a duplicate document under this part.

Subp. 3. Designation of individual as agent.

Only an individual may be appointed as the limited licensing agent. If the deputy registrar is a corporation, the individual must be the corporate officer who executed the certificate of appointment under part 7406.0370, subpart 2.

Subp. 4. Training.

The limited licensing agent must complete initial and ongoing training provided by the commissioner pertinent to the limited licensing agent's duties.

Subp. 5. Financial responsibility.

A deputy registrar acting as a limited licensing agent shall pay all taxes and fees due and owed the state for applications made under this part.

History

• Statutory Authority: MS s 14.06; 171.06; 373.35
• History: 32 SR 1283

Minn. R. 7404.0345 Deputy Registrar as Licensing Agent

Part 7404.0300 notwithstanding, as of January 22, 2008, a deputy registrar appointed under chapter 7406 may apply to the commissioner for appointment also as a licensing agent under this chapter.

A. The applicant must be an individual and the office must meet the requirements specified in this chapter.

B. The appointment must be for licensing agent application duties that are not limited.

C. Any deputy registrar who is not a licensing agent as of January 22, 2008, and who applies to be a licensing agent must complete initial and ongoing licensing agent training.

D. If the deputy registrar is not currently also an appointed licensing agent with image- and signature-capture and vision-testing equipment, the agent shall obtain the equipment necessary to accept and process applications from vendors approved by the commissioner.

History

• Statutory Authority: MS s 14.06; 171.06; 373.35
• History: 32 SR 1283

Minn. R. 7404.0350 Agent Appointment Procedure; Referral to County Board

Subpart 1. In general.

When the commissioner approves a proposed office location, the commissioner shall begin the appointment process for the approved office location.

A. The request for appointment must be referred by the commissioner first to the county board in the same county as the approved office location.

B. This part does not apply to the move of an existing office.

Subp. 2. County board.

When the commissioner refers the approved office location to the county board, the county board shall choose one of the options listed in items A to C.

A. If the county board has established a county licensing bureau under Minnesota Statutes, sections 373.33 to 373.38, the county board shall designate the director of the bureau to be appointed by the commissioner as the agent or, if the bureau director is already an agent, make the bureau director responsible for the administration of the approved office location.

B. If the approved office location is a county-administered office but is not a county licensing bureau, the county board shall designate an employee or equivalent officer of the county to be appointed by the commissioner.

C. The county board shall decline to designate an individual for appointment as an agent.

Subp. 3. Notice to commissioner required.

The county board shall notify the commissioner, in writing, of the option chosen under subpart 2 within 60 days of referral to the county board.

Subp. 4. Failure to notify commissioner; consequences.

If the county board declines to appoint an agent or fails to notify the commissioner within 60 days of referral of the request for appointment to the county board, the appointment of the agent must then be considered by the commissioner under part 7404.0360.

Subp. 5.

[Repealed, 32 SR 1283]

Subp. 6.

[Repealed, 32 SR 1283]

Subp. 7.

[Repealed, 32 SR 1283]

History

• Statutory Authority: MS s 14.06; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283

Minn. R. 7404.0360 Commissioner's Appointment Procedure

Subpart 1. In general.

An agent appointment cannot be transferred to another individual without following the procedure in part 7404.0350 or this part.

A. The commissioner shall appoint an agent designated by a county board, as specified in part 7404.0350, if the individual meets the criteria of subparts 3 to 6.

B. If the county board does not designate an individual for appointment, or fails to provide timely notice to the commissioner under part 7404.0350, the commissioner shall consider appointment of an agent at the approved office location as specified in this part.

Subp. 1a. Office administered by municipality.

If the approved office location is an office administered by a municipality, the commissioner may refer the request for appointment to the municipality's governing authority.

A. If the commissioner refers the designation of a municipal employee or official to the municipality, the municipality's governing authority, within 30 days of the date of the referral, shall either:

B. The municipality's governing authority shall notify the commissioner, in writing, of the option chosen under item A within 30 days of referral to the municipality.

C. If the municipality's governing authority declines to designate an individual for appointment by the commissioner as an agent or fails to notify the commissioner of the municipality's chosen option under this subpart within 30 days of referral to the municipality, the commissioner shall consider the appointment of the agent under this part.

D. When designating an individual for appointment, the municipality's governing authority shall follow the procedures in subparts 3 to 6.

E. The commissioner shall appoint the designee when the municipality's governing authority verifies to the commissioner that the individual meets the qualifications for an agent specified in subparts 3 to 6.

Subp. 2. Publication of vacancy notice.

If a county or municipal employee is not appointed, the commissioner shall publish notice of the agent vacancy for the approved office location.

A. The notice must be published once in a qualified newspaper in the county where the approved office location is located.

B. The notice must be published within 30 days after the county board or the municipality declines to designate an individual for appointment or 30 days after the deadline for the county board or the municipality to respond to the commissioner.

C. The notice of agent vacancy must specify the:

Subp. 3. Appointment application.

The individual seeking appointment shall submit an appointment application to the commissioner in a paper, electronic, or other format as prescribed by the commissioner. The application must specify:

A. the individual's full name, address, states of residency for the last five years, date of birth, and telephone number;

B. whether the individual has or had any other license with a federal, state, or municipal government agency; the current status of that license; and an explanation of any cancellation, revocation, suspension, or other disciplinary proceeding in connection with the license;

C. whether the individual owns or is a partner, officer, or five-percent shareholder in an entity that:

D. the address of the approved office location;

E. a floor plan of the proposed office, including the area and dimensions of the space allocated to process applications, public service area, and storage area;

F. information about the individual's prior education, work experience, and training;

G. a history of prior appointments as an agent, deputy registrar, or public official and the reasons for the denial, suspension, revocation, or cancellation of any prior appointment;

H. whether the individual owes any delinquent taxes, penalties, or interest;

I. whether the individual is currently the subject of bankruptcy proceedings;

J. a certified copy of the individual's criminal history, including a certified copy of a criminal records check of the national criminal records repository criminal justice data communications network; and

K. the signature of the individual verifying that the information on the application is true. The signature must be notarized.

Subp. 4. Age of agent.

The agent must be 18 years of age or older.

Subp. 5. Criminal history check.

The commissioner may conduct a criminal history check at any time while an individual is serving as an agent.

Subp. 6. Change in agent application conditions.

An agent shall report to the commissioner changes or anticipated changes of the information in subpart 3.

A. The changes must be reported ten calendar days before the date the change is to occur or within ten calendar days of the date the agent learns the changes will occur, whichever occurs first.

B. A change is cause for discontinuance of an appointment if the change violates this chapter or Minnesota Statutes, section 171.061.

Subp. 7. Reasons to deny agent appointment.

An agent appointment must be denied for any of the reasons listed in this subpart.

A. The appointment application or an item filed with the appointment application does not meet the requirements of subpart 3.

B. The individual applying is a partner, officer, or five-percent or greater shareholder in an entity that:

C. The individual has been convicted of a crime in Minnesota or in another jurisdiction that, if committed in Minnesota, would be a violation of a Minnesota statute of the following type:

D. The office does not meet the requirements under part 7404.0400 and a variance has not been granted by the commissioner.

E. The commissioner of revenue notifies the commissioner, or the commissioner has sufficient cause to believe, that the individual owes delinquent taxes, penalties, or interest.

F. The individual is in the midst of bankruptcy proceedings.

G. The individual's application for appointment is incomplete or contains a statement that is false, misleading, fraudulent, or otherwise constitutes misrepresentation.

History

• Statutory Authority: MS s 14.06; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283

Minn. R. 7404.0370 Appointment of Agent

Subpart 1. In general.

An appointment must be based on information contained in the appointment application, an interview, an inspection of the office or review of a floor plan for compliance with part 7404.0400, and other relevant information or documentation.

A. The individual must possess, and ensure that all employees of the agent who have contact with the public possess, communication and customer service skills.

B. The individual must possess or demonstrate knowledge or experience in the laws and rules pertinent to the acceptance of applications, office management, accounting, and record keeping.

C. The individual must indicate a willingness to successfully complete initial and annual training provided by the commissioner as specified in part 7404.0500, subpart 1a.

Subp. 2. Certificate of appointment.

The commissioner shall execute and sign a certificate of appointment that specifies the individual appointed as an agent, the approved office location, and the responsibility of the agent to accept applications.

A. The certificate of appointment must be signed by the individual appointed.

B. When an appointment is made by the commissioner of an individual designated by the county board or a municipal authority, the certificate must also be signed by the authorized representative of the county board or municipal authority.

C. The commissioner shall cancel a certificate of appointment if the appointed agent fails to provide an operational office that meets the requirements of this chapter within 12 months of the date of the initial appointment by the commissioner.

Subp. 3. Bond.

If an agent appointed under this chapter is not an officer or employee of a county or municipality, the agent shall give a surety bond to the state to cover the application receipts accepted on behalf of the commissioner, and equipment and inventory provided and maintained by the commissioner.

A. The bond must be conditioned upon the faithful discharge of duties as an agent.

B. If an agent is also a deputy registrar or a registrar for the Minnesota Department of Natural Resources, the bond must be in addition to the bond required to be held to cover the deputy registrar vehicle title and registration or Department of Natural Resources transactions.

C. The bond must be a continuous bond in the amount of:

D. The amount of application receipts for an initial bond must be based on the highest projected amount of annual application receipts in the five years after an agent is appointed as the number of applications for a new office is estimated under part 7404.0300.

E. For an initial appointment, the bond shall be adjusted after the first 24 months of office operation.

F. The continuous bond must be adjusted every five years, starting with the date of initial issuance for an existing office, or starting with the date after the 24-month adjustment for a new office, to reflect the total annual application receipt amount and inventory value of the previous calendar year.

Subp. 4. Change in agent designated by county or municipality.

An agent designated by a county board shall notify the county board and commissioner, in writing, no less than 30 days before the agent resigns, retires, or discontinues service. If the office is vacated upon the death or discontinuance of the agent, an official authorized by the county board or municipality must notify the commissioner within ten days of the vacancy.

Subp. 5. Transfer of appointment.

An agent appointment may not be transferred to another individual or office without the approval of the commissioner.

History

• Statutory Authority: MS s 14.06; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283

Minn. R. 7404.0400 Agent Office Requirements

Subpart 1. In general.

An approved office location must comply with this part.

A. For an existing office when there is a discontinuance of the agent appointment or death, resignation, or retirement of an agent, and for which a new appointment is requested, the requirements of this part apply.

B. An existing agent must have an office that complies with this part.

Subp. 2. Variance.

An existing agent may apply to the commissioner for a variance from compliance with subpart 5, if compliance constitutes a substantial hardship.

A. The agent may apply for a variance to the commissioner. The commissioner shall consider the following factors when reviewing the variance request:

B. The variance must expire upon the discontinuance, death, retirement, or resignation of the agent or a period specified within the variance, whichever period is less.

C. The commissioner's decision and the right to review of the decision must follow the procedures in part 7404.0330, subparts 3 and 4.

Subp. 3. Area for applications.

An agent:

A. must have an office that contains a separate and distinct area used exclusively for taking, processing, and storing applications;

B. may not use the application area for living space or for transacting any other business, except that a deputy registrar authorized by the commissioner may process vehicle title and registration transactions, Department of Natural Resources transactions, and additional county transactions as specified under Minnesota Statutes, section 373.33;

C. must install a counter or divider within the application area to separate the public from the secure application review and processing areas of the office; and

D. must position the application equipment so the applicant can review and verify in a private manner that the application information is correct.

Subp. 4. Inventory and equipment.

Inventory and equipment must be maintained in a secure manner during and after business hours.

A. The agent shall procure and maintain a secure dedicated telephone line as specified by the commissioner for the transmission of license application data at each office site.

B. Any agent appointed after January 5, 1999, shall procure or lease and maintain at least one dedicated vision-testing machine per office from a vendor specified by the commissioner. The agent is responsible for the maintenance of the vision-testing equipment in the agent's office.

C. Any agent establishing an office that did not exist as of January 1, 2000, shall procure or lease, and maintain, photo identification equipment from a vendor specified by the commissioner. This equipment includes a dedicated computer and all software and security features provided by the vendor, and signature-capture equipment.

D. For an agent appointed as of January 1, 2000, who has photo identification and signature-capture equipment provided by the commissioner, the commissioner shall continue to provide and maintain the equipment.

E. If equipment or inventory is provided or maintained by the commissioner at an existing office under Minnesota Statutes, section 171.061, subdivision 4, paragraph (b), and the agent dies, retires, or discontinues service, the equipment and inventory must revert to the commissioner unless an agent is appointed to the existing office by the commissioner under parts 7404.0350 and 7404.0360. All offices operated by a county licensing bureau, county, or municipality, with the commissioner's written permission, may retain the equipment and remain in operation during the appointment process.

F. At a licensing agent office where the agent is responsible for the procurement of photo identification equipment, the agent is responsible for the procurement of any additional photo identification equipment.

G. Where photo identification or vision-testing equipment provided by the commissioner reverts back to the commissioner, the equipment must be distributed according to subitems (1) and (2).

H. The agent must be able to communicate electronically with the department using methods such as email, instant messaging, or text messaging.

I. The agent must have an office that is equipped with the technological infrastructure required to process credit card data or debit card data using a card-processing terminal or other hardware provided by the commissioner. "Technological infrastructure" means the physical hardware used to interconnect computers and users. It includes the transmission media and other devices that control transmission paths, and includes the software used to send, receive, and manage the signals that are transmitted. The agent is responsible for the cost for the technological infrastructure.

Subp. 5. Size of office area.

The size of the office area includes the application area, the public service area, and the inventory storage area.

A. The size of the office area must contain a minimum of 300 square feet of which no less than 100 square feet shall be dedicated as the public service area.

B. If the agent office is adjacent to another nonconflicting use, the other use may not encroach on the office space of the agent office.

C. The agent office must be separate and distinct from any other business.

D. The office of a licensing agent that is also a deputy registrar office must contain no less than 500 square feet.

Subp. 6. Accessibility.

The office must be accessible to the disabled.

Subp. 7. Identification.

An indoor or outdoor sign must be prominently displayed to identify the office as a location where applications are taken.

Subp. 8. Conflicting interests.

An agent may not be employed by, own, or have a financial interest as a partner, officer, or five percent shareholder in, an entity that sells vehicle insurance or operates a driver training program or driver improvement clinic.

A. An agent's office may not be located in the same office area with an entity that sells or serves alcoholic beverages, issues vehicle insurance, or operates a driver training or driver improvement clinic.

B. An agent office that is located adjacent to an entity described in item A must be separated from that entity by floor-to-ceiling walls.

C. The agent's office must have:

History

• Statutory Authority: MS s 14.06; 14.386; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283; 37 SR 239

Minn. R. 7404.0450 Reporting and Depositing Practices

Subpart 1. Reporting applications; fees.

A report of the applications collected and all application and reinstatement fees due and owed the state must be transmitted by the agent to the commissioner each day the agent's office is open to the public, before the end of the next working day, in an electronic format or other means approved by the commissioner.

A. The report must:

B. The report must contain a financial statement listing the total amount of application and reinstatement fees collected and deposited under subparts 2 and 2a. The financial statement must provide the office location identification number, report number, report date, and total amount of the deposit for that report.

C. The report must be transmitted or delivered to the commissioner, before the end of the next working day following the collection of any applications or fees, by electronic transfer or other alternative means approved by the commissioner.

D. All applications and fees collected in an agent's office must be included on the report for the day the applications and fees were collected in the office.

E. A minimum of one summary report must be completed for all applications and fees collected during each working day.

F. More than one report may be submitted for a working day with prior approval from the commissioner.

G. If an agent's office does not collect any applications or fees on a working day the office is scheduled to be open, a report must still be filed with the commissioner indicating that no applications or fees were collected that day.

H. Supporting documents for applications listed on the report must be delivered electronically or by other means approved by the commissioner such as:

I. An agent must file with the commissioner reports of the agent's credit card and debit card transactions for application and reinstatement fees.

Subp. 1a. Processing credit card and debit card transactions.

A. At the daily close of office records on each working day, the agent shall settle the batch containing all credit card and debit card transactions conducted that day according to procedures prescribed by the commissioner.

B. The agent shall store all signed merchant copies of the credit card and debit card receipts for the transaction amount and the convenience fee at the agent's office location and shall maintain all signed merchant copies of the credit card and debit card receipts for the transaction amount and the convenience fee according to subpart 3.

C. The agent is responsible for all credit card and debit card chargebacks when a person successfully disputes a transaction charged to the person's credit card or debit card.

Subp. 2. Depositing application fees.

Before the end of each working day, each agent shall deposit an amount equal to the total of all application and reinstatement fees collected the previous working day, excluding the filing fees collected under Minnesota Statutes, section 171.061, subdivision 4.

A. The agent shall make all deposits according to the requirements in subpart 2a.

B. The amount listed for the total of all application and reinstatement fees collected must cover any shortages for any applications processed and stamped as paid, including any unsettled credit card and debit card transactions.

C. The agent shall process credit card and debit card transactions through the bank designated by the commissioner.

D. The agent shall authorize the designated bank to deposit the proceeds of the credit card and debit card transactions to the agent's business or personal bank account.

E. The agent shall transfer an amount equal to all application and reinstatement fees collected the previous working day that were paid for using a credit card or debit card to the state-designated depository, or to a depository approved under subpart 2a.

Subp. 2a. Reporting deposits to commissioner.

On the date the deposit of fees is due, the agent shall ensure that a financial statement of the deposits made is reported to the commissioner according to the procedures and in a format as specified in this part.

A. All deposits must be made in a depository that meets the requirements in this subpart.

B. The depository must be authorized by the agent to allow the state to electronically withdraw funds from the agent's account in an amount equal to the application and reinstatement fees reported to the state. This item affects only those agents that received authorization before October 1, 2009, for automatic deposit of funds from the agent's bank account to the state depository.

C. Any depository used for the deposit of fees due and owed the state must either:

D. Any funds collected on a working day in excess of the total fees listed on the report described in subpart 1, minus filing fees and imprest cash, must be deposited as application or reinstatement fees.

Subp. 2b. Reconciling reported excesses.

If any agent documents the need for a refund of a reported payment of excess funds, the commissioner shall refund or credit the reported excess funds if the submitted documentation substantiates the reported excess.

Subp. 3. Maintaining records.

At the agent's office, the agent shall keep complete records for deposits made to approved state depositories and the daily reports prepared under subpart 1.

A. The records must be maintained for three years.

B. Once an application is received by the agent, the application and the information contained on the application and any attached documents become the property of the state of Minnesota and are subject to the terms of the Data Practices Act under Minnesota Statutes, chapter 13.

C. The application, any attached documents, and the information contained on the application or documents may not be released by the agent without prior approval from the commissioner, except when authorized by statute for law enforcement personnel and by court order.

Subp. 3a. Destroying private or confidential data.

Use, storage, or destruction of any media with private or confidential information must be done in such a way that the information is irretrievable and cannot be revealed to anyone not entitled to see it.

Subp. 4. Warning notice.

On discovering a violation of subpart 2 or 2a, the commissioner shall send a warning notice, by certified mail, to the agent warning of the violation. The warning notice must identify the violation and tell the agent that if the agent violates subpart 2 or 2a again within 180 days of the date on the notice, a late payment charge will be imposed.

Subp. 4a. Late payment charge; calculation.

For each subsequent violation of subpart 2 or 2a, the commissioner shall impose a late payment charge of $30 or an amount computed by the following formula, whichever is greater.

A. The number of calendar days for which payment is late begins on the date on the late payment charge notice. The late payment notice must be issued by certified mail and contain the information specified in subpart 5.

B. Calendar days late x delinquent amount x daily rate = late payment charge, where:

C. In determining the number of calendar days a deposit or report is late, weekends and holidays shall be included only if the deposit is determined by the commissioner to be already at least two calendar days late.

D. The commissioner shall continue to impose monthly late payment charges until the agent no longer is in violation of this part.

Subp. 5. Notice of late payment charge.

The late payment charge notice must:

A. identify the violations of subparts 2 and 2a and Minnesota Statutes, section 171.061 for which the late payment charge is imposed; and

B. inform the agent when the late payment charge is due, how the late payment charge must be paid, and how to obtain a review of the late payment charge.

Subp. 6. Unpaid late payment charges.

If a late payment charge remains unpaid for 30 days from the date the commissioner mailed the notice of late payment charge and if no review is requested, the commissioner shall make a claim for payment against the agent's bond, or in the case of a public official or employee serving as an agent, the commissioner shall demand payment from the county treasurer or municipality.

Subp. 7. Administrative review.

When the commissioner notifies an agent that a late payment charge has been imposed, the agent may ask the commissioner to review the late payment charge.

A. The agent may request a review by submitting a statement, together with written materials showing that the agent processed the applications in compliance with this chapter and Minnesota Statutes, chapter 171.

B. The request for review must be submitted within ten days from the date the notice of late payment charge was issued.

C. The commissioner shall review the request and notify the agent within ten days of receipt of the request for review, whether the late payment charge will be affirmed or rescinded.

D. An agent may withhold the late payment charge during the review period but must pay the late payment charge to the state depository account by the end of the working day following notice that the late payment charge is affirmed.

E. The commissioner shall affirm the late payment charge only if the charge was calculated correctly and the late deposit was the result of foreseeable circumstances within the control of the agent.

Subp. 8. Discontinuance.

An agent who fails to comply with a late payment charge notice is subject to discontinuance of the agent's appointment under part 7404.0800.

History

• Statutory Authority: MS s 14.06; 14.386; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283; L 2009 c 101 art 2 s 109; 37 SR 239

Minn. R. 7404.0475 Audit

Subpart 1. Biennial audit.

At the request of the commissioner, an agent shall make available for audit, for each office of an agent, all applications and fees due and owed the commissioner and records for all applications occurring during the state's biennial fiscal cycle. If the commissioner has reasonable cause to believe another audit is necessary in addition to the biennial audit, the commissioner may order that another audit be conducted at cost to the agent to address areas of the agent's biennial audit in which the commissioner was not able to determine compliance.

Subp. 2. Scope of audit.

The audit must cover the application and reinstatement fees collected by the agent for the previous two years. The audit report must include:

A. the auditor's opinion as described in subpart 3;

B. a report on internal controls as described in subpart 4;

C. a verification of imprest cash as required by subpart 5;

D. any material weakness as described in subpart 6;

E. a response to the auditor's report by the agent; and

F. other information as noted by the auditor.

Subp. 3. Auditor's opinion; compliance and corrective action; administrative sanctions.

The auditor's opinion must describe areas of compliance, noncompliance, and corrective action and show a timetable for corrective action. Failure to undertake corrective action or to meet timelines is cause for subsequent administrative action, including suspension or revocation.

Subp. 4. Internal controls.

The internal controls are the internal procedures of the agent designed to ensure compliance with the reporting and depositing requirements of this chapter. The audit of internal controls must assess whether:

A. applications have been properly recorded and accounted for;

B. reliable state reports have been prepared; and

C. control measures are in place that assure that accountability over all application and reinstatement fees is maintained by the agent.

Subp. 5. Verify imprest cash.

The audit must include a verification of the proper use of imprest cash as specified in part 7404.0500, subpart 8, and report any discrepancies.

Subp. 6. Material weakness.

The audit report must state whether any material weaknesses were detected. Material weaknesses include:

A. inadequate safeguarding of state inventory, fees, or other state assets;

B. repeated overages or shortages;

C. delinquent fees or reports due to the state;

D. failure to maintain proper reports and records;

E. material underreporting or overreporting of application or reinstatement fees;

F. failure to report the loss of equipment, inventory, or fees due and owed the state; and

G. inattention to or lack of correction to previously reported material weaknesses.

History

• Statutory Authority: MS s 14.06; 171.06; 373.35
• History: 32 SR 1283

Minn. R. 7404.0500 General Operating Practices

Subpart 1. Management of office.

An agent shall manage the agent's office according to this part.

A. The agent:

B. The agent shall provide written notice to the commissioner of the name of the manager and of a change in the manager within ten calendar days of the change.

C. The manager must be an individual who is at least 18 years of age, actively participates in the acceptance of applications, and is in the office on a full-time basis.

D. The manager shall act as a liaison between the commissioner and the agent's office to discuss and address problems or questions that may arise on a daily basis.

E. The agent shall ensure that only authorized employees of the agent have access to data on the application, supporting documents, and state records that are not public data. The agent shall ensure that a record of the authorized employees is kept in the office records on site.

Subp. 1a. Training.

A. Each agent or the agent's designated representative shall complete annual training when provided by the commissioner and any additional training deemed necessary by the commissioner to accept or process applications.

B. Each agent shall ensure that any staff in the agent's office who accept or process applications are subsequently trained by the agent or the agent's designated representative.

C. A record of all training to accept and process applications completed by the agent and agent's staff must be maintained for three years by the agent in the agent's office.

Subp. 1b. Customer service policy.

The licensing agent must have a customer service policy approved by the commissioner that is applicable to each office operated by the agent.

A. The policy must ensure that all staff who accept or process applications are properly trained and competent to perform their duties.

B. The agent shall ensure that the public is treated with courtesy, consideration, and respect and that the customer's property is treated with respect.

C. The agent shall ensure that the public is provided with complete, current, and accurate information.

D. The agent shall ensure that the applicant's personal and private information is protected.

E. If an investigation by the commissioner in response to a complaint indicates customer service training is necessary, the agent or the agent's designated representative shall complete customer service training provided by or approved by the commissioner. The agent shall ensure that any staff who accept or process applications are subsequently trained by the agent or the agent's representative. A record of the subsequent customer service training must be maintained on site and indicate the date of training and all individuals who completed the training.

F. Each office operated by the agent must have a system to receive, investigate, and resolve customer complaints.

Subp. 2. Days and hours of operation.

An agent's office must be open to the public at least 40 hours each week.

A. The legal holidays listed in Minnesota Statutes, section 645.44, subdivision 5, and holidays authorized under Minnesota Statutes, section 373.052, subdivision 1, for county offices are included in the 40-hour calculation.

B. At the time of appointment, the agent shall provide the commissioner:

C. A written request for a change in the days and hours the office is open to the public must be made to the commissioner at least ten calendar days before the change is expected to occur.

D. The commissioner must approve changes in the days and hours the office is open to the public before the change becomes effective.

E. The time of the daily close of office records may not be changed without prior written notice to the commissioner at least 15 calendar days before the effective date of the change.

Subp. 3. Closure of office; variance procedure.

An office must be open for at least 40 hours each week unless the commissioner grants a variance to allow an office to be closed for a specified period of time.

A. To request a variance for closure of an office for two working days or more, the agent must submit a written request to the commissioner.

B. The commissioner shall consider the following factors before allowing an office to close:

C. The commissioner shall review the information submitted with the variance request and grant or deny the variance within two working days after receipt of the request.

D. If a variance is granted for office closure, the agent must provide notice to the public at the agent's office of the dates and times of the office closure.

E. If the office is to be closed for four working days or less, the agent must post notice in a conspicuous place inside and outside the office for up to two consecutive weeks before closure.

F. If the office is to be closed for five or more working days, the notice must be posted at the office and also published in a qualified newspaper or aired on a radio station in the county or city in which the office is located.

Subp. 4. Emergency and short-term closure of office.

For requests of an office closure that is for one day or that is due to an emergency situation or illness, the agent must notify the commissioner by telephone or other means at the earliest opportunity to request a variance from the 40-hour work week.

A. The commissioner shall follow the criteria in subpart 3 when deciding to grant or deny the variance.

B. If a variance is granted for closure of an office, the agent must provide notice to the public, as soon as practicable, at the office of the dates and times of the office closure.

C. If the closure of an office is for more than one day, the agent must follow the variance procedures in subpart 3.

Subp. 5. Application fees.

An agent shall charge and receive the full application fees specified by Minnesota Statutes, chapter 171.

A. Rebates are prohibited.

B. No application or filing fees may be charged for a document returned for a refund or correction due to an error made by the department or an agent.

Subp. 6. Telephone use charges.

An agent may not charge a customer for long-distance telephone calls, unless:

A. the charge is for the exact per-minute charge of the telephone call and does not include any charges for other basic or optional telephone services;

B. the long-distance telephone call was made at the request of the customer; and

C. the agent maintains a record of the long-distance telephone calls made each day, which includes the charges assessed and the name and address of the customer for whom the telephone call was made.

Subp. 7. Cash register.

A separate cash register or cash receptacle must be maintained for application funds.

A. No other funds from other activities may be kept with application funds, except funds from deputy registrar vehicle title and registration transactions, Department of Natural Resources transactions, or county license bureau transactions.

B. The agent must be able to determine at all times which funds are attributable to agent applications, deputy registrar vehicle transactions, Department of Natural Resources transactions, and county license bureau transactions.

C. Funds from other sources are permitted in the cash register other than those funds listed in items A and B if the agent's fee receipt system can differentiate funds from various sources and the agent has received written approval from the commissioner to use such a system.

Subp. 8. Imprest cash.

An agent shall maintain a verifiable and identical amount of start-up funds in the cash register or cash receptacle on a daily basis.

A. The agent shall inform the commissioner, in writing, of the amount of money that will be used during the day for start-up funds.

B. The amount of the start-up funds must not be changed without prior written notification to the commissioner.

Subp. 8a. Credit card acceptance; general requirements.

A. An agent shall accept credit cards and debit cards as a method of payment for application and reinstatement fee transactions, unless a variance is granted under subpart 8b. The commissioner shall specify the types of credit cards and debit cards that the agent can accept for payment.

B. Ordinarily, an agent shall operate at least one card-processing terminal in the office at which driver's license transactions are conducted, but an agent may operate a point-of-sale information system, or other similar information system used to process and manage business transactions, if:

C. The commissioner shall:

D. The agent shall provide the technological infrastructure as specified in part 7404.0400, subpart 4, item I.

E. The commissioner shall provide the agent with signage in an electronic format that states:

F. The agent shall inform a person who chooses to pay by credit card or debit card of the amount of the convenience fee and shall obtain the person's consent to the convenience fee before completing the transaction.

G. An agent is responsible for chargebacks as specified in part 7404.0450, subpart 1a, item C.

Subp. 8b. Credit card acceptance; variance procedure.

An agent may apply to the commissioner for a variance from the provision in subpart 8a requiring acceptance of credit cards and debit cards. A variance to subpart 8a does not include a variance to the technology requirements in part 7404.0400, subpart 4, item I. Application for a variance may be made by submitting a written request to the commissioner according to this subpart. The commissioner shall consider the following factors when reviewing the request for a variance:

A. the agent's written statement of reasons why credit card and debit card acceptance would impose serious economic hardship;

B. bank statements from the agent's office for the preceding three months;

C. the average number and average amount of driver's license transactions conducted in the agent's office during the preceding year; and

D. additional information requested by the commissioner or supplied by the agent.

Subp. 8c. Credit card acceptance; commissioner's review.

The commissioner shall review the agent's request for a variance under subpart 8b and grant it or deny it within 30 calendar days of its receipt, or within 30 calendar days from the date of the commissioner's request for additional information, whichever is later. The commissioner shall give the agent written justification for a decision to deny the variance. Failure of the agent to submit the additional information requested under subpart 8b within 15 calendar days of the request is cause for the commissioner to deny a request for a variance. This procedure is not a contested case hearing as defined in Minnesota Statutes, chapter 14.

Subp. 9. Inventory to remain in office.

Inventory assigned to the agent by the commissioner must remain in the office, except in the following authorized circumstances:

A. return of inventory to the commissioner;

B. destruction or removal of inventory that is obsolete; or

C. other removal or transfer of inventory that is authorized by the commissioner such as approval to reassign inventory to another office or approval to remove inventory through other means such as through newly established technology.

Subp. 10. State-issued property; accountability.

State-issued property provided to an office must be accounted for by submitting the property to the commissioner. If state-issued property is unaccounted for, the agent is responsible for the replacement cost of the state property.

Subp. 11. Displays.

An agent shall exhibit, as directed by the commissioner, any displays, notices, or other information relating to applications that are provided by the commissioner.

History

• Statutory Authority: MS s 14.06; 14.386; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283; 37 SR 239

Minn. R. 7404.0800 Actions for Failure to Comply with Laws or Rules

The failure of an agent or employee of an agent to comply with applicable laws or rules governing the appointment of an agent and the operation of an office is cause for discontinuance of the agent appointment using the grounds specified for a deputy registrar under parts 7406.0900 to 7406.1000 and following the procedures specified in parts 7406.1100 to 7406.2600. The commissioner may issue a correction order according to the procedures in part 7406.1000. The grounds for discontinuance of an agent appointment or issuance of a correction order as specified in part 7406.1000 also include:

A. a violation or failure to comply with a provision of this chapter; Minnesota Statutes, chapter 171; or a correction order issued by the commissioner;

B. misappropriation, conversion, or illegal withholding of application fees required to be deposited in accordance with this chapter and Minnesota Statutes, chapter 171;

C. grounds for denial of an appointment under part 7404.0360, subpart 7;

D. failure to successfully complete training required by the commissioner;

E. loss of an appointment as a deputy registrar under chapter 7406 or Minnesota Statutes, section 168.33;

F. conviction for a felony; and

G. allowing unauthorized persons access to records, files, or data.

History

• Statutory Authority: MS s 14.06; 171.06; 171.061; 373.35
• History: 23 SR 1454; 32 SR 1283

Minn. R. 7404.0900 Indemnification

The agent and any agency or employee of the agent shall hold the commissioner harmless from any and all claims or causes of action against the agent or any employee or agency of the agent, including all attorney fees incurred, arising from performance or actions not in accordance with this chapter, Minnesota Statutes, or written instruction from the commissioner.

History

• Statutory Authority: MS s 14.06; 171.06; 373.35
• History: 32 SR 1283

Chapter 7405 COMMERCIAL FLEET VEHICLE REGISTRATION

Minn. R. 7405.0100 Definitions

Subpart 1. Scope.

All terms used in this chapter shall have the meanings provided in Minnesota Statutes 1969, section 168.011, except the following terms.

Subp. 2. Rental truck.

"Rental truck" means a truck or truck tractor which is one of a fleet of two or more such vehicles owned and operated for hire for periods of 30 days or less within and without the state of Minnesota.

Subp. 3. Rental trailer.

"Rental trailer" means a trailer or semitrailer which is one of a fleet of two or more such vehicles owned and operated for hire for periods of 30 days or less within and without the state of Minnesota.

History

• Statutory Authority: MS s 168.845

Minn. R. 7405.0200 Purpose

The purpose of this chapter is to establish the dates, reports to be filed, and the information required for the proportionate registration and taxation of certain rental trucks and rental trailers, in order to implement the provisions of Laws of Minnesota 1971, chapter 49.

History

• Statutory Authority: MS s 168.845

Minn. R. 7405.0300 Owner or Operator to Register

The owner of rental trucks and the owner or operator of rental trailers as defined in part 7405.0100, shall annually register a percentage of the owner's rental trucks and/or trailers in this state. Such registration and taxation imposed is pursuant to Minnesota Statutes 1969, chapter 168.

History

• Statutory Authority: MS s 168.845
• History: 17 SR 1279

Minn. R. 7405.0400 Required Registration Information Form

The owner of rental trucks and the owner or operator of rental trailers shall report required registration information on a form designed and approved by the registrar of motor vehicles. Such form shall be completed by the owner or operator or an authorized agent and the information contained therein must be given under oath.

History

• Statutory Authority: MS s 168.845
• History: 17 SR 1279

Minn. R. 7405.0500 Required Registration Information

Subpart 1. Rental truck reports.

The owner of rental trucks shall report the following information:

A. the total number of miles traveled within the state of Minnesota during the next preceding calendar year by all rental trucks owned by an owner;

B. the total number of miles traveled both within and without of the state of Minnesota during the next preceding calendar year by all rental trucks owned by that owner; and

C. the total number of rental trucks owned by that owner as of date of report.

Subp. 2. Rental trailer information.

The owner or operator of rental trailers shall report the following information:

A. the month and date of monthly inventory for the calendar year preceding the year in which filed;

B. the number of trailers in this state not on one-way runs;

C. the number of trailers in all states not on one-way runs;

D. the percentage of trailers in this state;

E. the total number of trailers available for rent in all states;

F. the average number of trailers operating in and through the state;

G. a statement giving the average number of trailers available for operation in and traveling into and through this state during the entire year; and

H. the total number of full year registrations made in this state for the year.

History

• Statutory Authority: MS s 168.845

Minn. R. 7405.0600 Determining Number of Trucks to Be Registered

The number of rental trucks required to be registered in any one year in the state of Minnesota shall be determined as follows: The total number of miles traveled both within and without of the state of Minnesota by all rental trucks owned by an owner divided into the total number of miles traveled by all rental trucks within the state of Minnesota during the same calendar year times the total number of rental trucks owned by such owner is the number of rental trucks that should be registered in the state of Minnesota.

History

• Statutory Authority: MS s 168.845

Minn. R. 7405.0700 Determining Number of Rental Trailers to Be Registered

A. An inventory or count of the number of rental trailers not on one-way runs actually in this state shall be taken and recorded on a selected, uniform day the same week of each month throughout the year.

B. An inventory or count of the total number of rental trailers not on one-way runs in all states shall be taken and recorded on the same uniform date provided in item A.

C. The percentage of trailers in this state each month shall be determined by dividing the monthly total of trailers in this state (item A) by the total of trailers in all states (item B).

D. The owner or operator shall determine and declare for each month the total number of rental trailers in all states including those on one-way runs into and through all states which were available for rental that month.

E. The monthly total determined by item D shall be multiplied by the monthly percentage determined by item C to ascertain the average number of trailers reported in or operating into or through this state that month.

F. The trailer counts and percentages provided in items B to E shall be computed and compiled by the owner or operator each month. At the end of the year, the total of the 12 monthly totals of the average number of trailers in or operating into or through the state shall be divided by 12 to determine the annual average of trailers available for rental that year. At least that number of trailers shall be registered for the new year.

History

• Statutory Authority: MS s 168.845

Minn. R. 7405.0800 Insufficient Registration

If the registrar of motor vehicles determines an insufficient number of rental trailers or rental trucks were registered for any year, the registrar shall require the owner or operator to register an additional number for the full year sufficient to bring the fleet into compliance with the provisions of Minnesota Statutes, section 168.843.

History

• Statutory Authority: MS s 168.845
• History: 17 SR 1279

Minn. R. 7405.0900 Estimated Registration Information

An owner or operator who did not previously operate in or through this state shall register the number of trailers and trucks based on the owner's or operator's certified estimate for the registration year subject to adjustment upwards at the end of the year when a report shall be filed showing the actual experience. No refund or credit shall be made if more than the average number of trailers were registered based on the estimate. An adjusted report shall be filed by December 1 of the registration year. If no adjustment is necessary a statement to that effect shall then be filed.

History

• Statutory Authority: MS s 168.845
• History: 17 SR 1279

Minn. R. 7405.1000 Filing Registration Data and Billing; Due Dates

The first report of the required registration information shall be filed no later than November 15, 1971 with the Registrar of Motor Vehicles, 211 Transportation Building, Saint Paul, Minnesota 55101. Such report shall contain estimates of the required information based on the calendar year 1970. These estimates shall be used to determine the number of units to be registered in Minnesota for the calendar year 1972. Thereafter the annual report containing the required registration information shall be filed on or before April 15 of the year preceding the registration year. All reports will be audited by the registrar and applicants will be billed accordingly by November 1, except that the first billing under this act shall be by December 1, 1971.

For the registration year 1972 and thereafter full payment for the number of units required to be registered to avoid penalty for late registration shall be on or before January 10 of the registration year.

History

• Statutory Authority: MS s 168.845

Chapter 7406 MOTOR VEHICLE DEPUTY REGISTRARS

Minn. R. 7406.0100 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the following terms have the meanings given them.

Subp. 2.

[Repealed, 20 SR 2784]

Subp. 3.

[Repealed, 20 SR 2784]

Subp. 4.

[Repealed, 20 SR 2784]

Subp. 5.

[Renumbered subp. 18]

Subp. 6.

[Renumbered subp. 19]

Subp. 7. Approved office location.

"Approved office location" means a location in a municipality that has been approved by the commissioner as meeting the requirements of part 7406.0300 but for which a deputy registrar appointment has not been made.

Subp. 8. Certificate of appointment.

"Certificate of appointment" means the documents appointing the deputy registrar.

Subp. 8a. City.

"City" means a statutory or home rule charter city.

Subp. 9. Collected or collection

"Collected" or "collection" means the:

A. receipt of the payment of motor vehicle registration fees and taxes paid by the customer;

B. receipt by the deputy registrar from the customer of the completed motor vehicle and other application documents for the transaction; and

C. issuance of the required inventory for the transaction to the customer by the deputy registrar.

Subp. 9a. Commissioner.

"Commissioner" means the commissioner of public safety.

Subp. 9b. Convenience fee.

"Convenience fee" means an additional amount charged to a person's credit card or debit card because the person chooses to pay for a transaction by credit card or debit card.

Subp. 10. Corporation.

"Corporation" means a corporation governed by Minnesota Statutes, chapter 302A.

Subp. 11. County auditor.

"County auditor" means the county auditor elected in accordance with Minnesota Statutes, chapter 384 or, if the position of county auditor has been abolished or combined with another county office under Minnesota Statutes, section 375A.04, the principal county officer or county office that performs the majority of the functions formerly performed by the position of county auditor.

Subp. 12. Conviction of crime or crimes.

"Conviction of crime" or "conviction of crimes" means convictions of felonies, gross misdemeanors, and misdemeanors reasonably related to the function of a deputy registrar.

Subp. 13. Deputy registrar.

"Deputy registrar" means an individual, government clerk or official, or corporation appointed by the commissioner.

Subp. 14. Discontinuance or discontinued.

"Discontinuance" or "discontinued" means the immediate suspension, suspension, or revocation of a deputy registrar appointment.

Subp. 15. Existing office.

"Existing office" means a deputy registrar office for which the location has been approved and the appointment of the deputy registrar has been made by the commissioner, as specified in the certificate of appointment.

Subp. 16. Incomplete motor vehicle transaction.

"Incomplete motor vehicle transaction" means a motor vehicle transaction that has not been collected by the deputy registrar.

Subp. 17. Inventory.

"Inventory" means license plates, temporary registration permits, month sticker, and motor vehicle registration validation and weight stickers, including, but not limited to: passenger class validation sticker, gross vehicle weight validation sticker, fee validation sticker, and weight designation sticker.

Subp. 18. Metropolitan county.

"Metropolitan county" has the meaning given it in Minnesota Statutes, section 473.121, subdivision 4.

Subp. 19. Municipality.

"Municipality" includes a statutory city, home rule charter city, town, or township.

Subp. 20.

[Repealed, 29 SR 97]

Subp. 20a. Next working day.

"Next working day" means the 24-hour period following the daily close of the deputy registrar's office. A working day does not include:

A. a Saturday, Sunday, or legal holiday listed in Minnesota Statutes, section 645.44, subdivision 5;

B. a nonbanking day of approved state depositories;

C. a holiday authorized under Minnesota Statutes, section 373.052, subdivision 1, for deputy registrars who are county officers or employees; or

D. a day that an office is not open for business, upon approval from the commissioner.

Subp. 21. Office.

"Office" means an existing office unless otherwise specified.

Subp. 22. Person.

"Person" means an individual, corporation, or governmental organization.

Subp. 23. Proposed office location.

"Proposed office location" means a location that has been submitted to the commissioner for consideration as a deputy registrar office under parts 7406.0300 and 7406.0310, or a move under part 7406.0330.

Subp. 24. Qualified newspaper.

"Qualified newspaper" means a newspaper that meets the requirements of Minnesota Statutes, chapter 331A.

Subp. 25. Sufficient cause to believe.

"Sufficient cause to believe" means grounds that are put forth in good faith; that are not arbitrary, irrational, unreasonable, or irrelevant; that make the proposition asserted more likely than not; and that are based on at least one of the following sources:

A. written information from an identified person;

B. facts or statements by the applicant or deputy registrar;

C. court documents, state records, and police records; or

D. facts of which the commissioner or the commissioner's employees have personal knowledge.

History

• Statutory Authority: MS s 14.06; 168.33; 171.061; 299A.01
• History: 13 SR 1733; 20 SR 2784; 29 SR 97; 35 SR 1974

Minn. R. 7406.0200 Purpose and Scope

Subpart 1. Purpose.

The purpose of this chapter is to carry out the mandate of the legislature as set forth in Minnesota Statutes, section 168.33 with respect to the appointment and regulation of motor vehicle deputy registrars.

Subp. 2. Scope.

The scope of this chapter is intended to be confined within the framework of and to be consistent with Minnesota Statutes, chapters 168 and 168A.

History

• Statutory Authority: MS s 14.06; 168.33

Minn. R. 7406.0300 Proposing Deputy Registrar Office Location

Subpart 1. Metropolitan county.

The conditions listed in this subpart must be met before a proposed deputy registrar office location may be considered in a metropolitan county.

A. The proposed office location must not be located within a ten-mile radius of an existing office.

B. The estimated number of transactions that a proposed office processes annually must be at least 35,000. The commissioner shall estimate the number of transactions as 30 percent of the transactions processed within the preceding calendar year by existing offices located within a radius of the proposed office location of over ten miles and less than 19 miles.

C. The commissioner shall not consider the proposed office location if the use of the percentage of transactions processed by an existing office to establish a proposed office would reduce the number of transactions to less than:

D. If a percentage of transactions processed by an existing office was used to establish a new office, that percentage may not be used again in consideration of another proposed office within a two-year period. The two-year period starts from the date the deputy registrar was appointed.

E. The commissioner shall not consider a proposed office location if the proposed office location is within a 20-mile radius of an existing office that was established within the last two years. The two-year period starts from the date the deputy registrar was appointed.

Subp. 1a. Municipalities with over 50,000 population.

The conditions listed in this subpart must be met before the commissioner considers a proposed office location in a municipality with a population exceeding 50,000, not including municipalities in a metropolitan county.

A. The proposed office location must not be located within a ten-mile radius of an existing office.

B. A maximum of two offices may exist in any municipality with a population exceeding 50,000.

C. The estimated number of transactions that a proposed office location processes annually must be at least 40,000. The commissioner shall estimate the number of transactions as the largest number computed in subitem (1), (2), or (3):

D. The commissioner shall not consider a proposed office location if the use of a percentage of transactions processed by an existing office to establish a proposed office would reduce the number of transactions to less than:

E. If a percentage of transactions processed by an existing office was used to establish a new office, that percentage may not be used again in consideration of another proposed office within a two-year period. The two-year period starts from the date the deputy registrar was appointed.

F. The commissioner shall not consider a proposed office location if the proposed office location is within a 20-mile radius of an existing office that was established within the last two years. The two-year period starts from the date the deputy registrar was appointed.

Subp. 2. Other areas.

In all other municipalities not included in subpart 1 or 1a, the conditions listed in items A to E must be met before a proposed office location is considered.

A. The proposed office location must not be located within a 15-mile radius of an existing office, except that:

B. The estimated number of transactions a proposed office location processes annually must be at least 4,000. The number of transactions must be estimated as follows:

C. The commissioner shall not consider a proposed office location if the use of the percentage of transactions processed by an existing office, to establish a proposed office, would reduce the number of transactions to less than:

D. If a percentage of transactions processed by an existing office was used to establish a new office, that percentage may not be used again in consideration of another proposed office within a two-year period. The two-year period starts from the date the deputy registrar was appointed.

E. The commissioner shall not consider a proposed office location if the proposed office location is within a 30-mile radius of an existing office that was established within the last two years. The two-year period starts from the date the deputy registrar was appointed.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 13 SR 1733; 20 SR 2784; 29 SR 97

Minn. R. 7406.0310 Office Location Considerations

Subpart 1. Factors considered.

Before appointing a deputy registrar, the commissioner must approve a proposed location for a deputy registrar office. In addition to the information and conditions specified in part 7406.0300, the commissioner shall consider the factors described in this part when considering a proposed office location:

A. the accessibility of the office location to the public;

B. the cost to the state to audit, monitor, and train the deputy registrar and staff at the office; and

C. whether the office location will best serve the public convenience.

Subp. 2. Disapproval of proposed office location.

If a request for an office location is not approved, the commissioner shall notify the individual proposing the office location in writing and provide a statement of the reason for the disapproval. The statement must notify the individual that, within 30 days from the day the notice was mailed, the individual may appeal the disapproval to the Office of Administrative Hearings for a contested case hearing under Minnesota Statutes, chapter 14, if a factor in subpart 1 was cited for disapproval and disapproval was not due to a failure to meet the distance or transaction requirements for office location.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 29 SR 97

Minn. R. 7406.0330 Move of Existing Office Location

Subpart 1. In general.

A deputy registrar appointment is for the operation of an existing office in a specific location approved by the commissioner and specified in the certificate of appointment. A move of an existing office must be considered under parts 7406.0300 and 7406.0310, be within the same county, and be approved by the commissioner before the move may occur.

Subp. 2. Variance.

A deputy registrar may apply to the commissioner for a variance from the requirements of subpart 1, except that no existing office is allowed to move to a different county. A deputy registrar may apply for a variance by submitting a written request, on a form prescribed by the commissioner, to the commissioner. The commissioner shall consider the following factors when reviewing the deputy registrar's request for a variance:

A. each rule part from which the waiver is requested and why the proposed office location does not meet requirements of the rule part;

B. the reasons for the request to move from the existing office location;

C. the distance of the proposed office location from the deputy registrar's existing office;

D. whether the proposed office location would service the same community or neighborhood and is in close proximity to the original location;

E. whether the proposed office location is in another county;

F. comments, opposition, and support from other existing offices of the proposed office location;

G. building considerations of the proposed office location, including, but not limited to:

H. destruction or other loss of the existing office building, including loss of building lease;

I. the number of previous moves of the existing office and the reasons for the moves;

J. whether the proposed move is a result of or in connection with any misfeasance or malfeasance on the part of the deputy registrar; and

K. other information requested by the registrar or supplied by the deputy registrar.

Subp. 3. Commissioner's decision.

The commissioner shall review the deputy registrar's request for a variance and grant or deny it within 60 days after its receipt or within 60 days after the date of the commissioner's request for additional information, whichever is later. The commissioner shall give the deputy registrar written justification for a decision to deny the variance. Failure to submit the required information under this subpart, within 30 days of the commissioner's request for information, is cause to deny a deputy registrar's request for a variance.

Subp. 4. Right to review of commissioner's decision.

A deputy registrar may contest the denial of a variance of the commissioner by requesting a hearing. The deputy registrar shall submit, within 15 days of the receipt of the commissioner's decision, a request for a hearing. The request for a hearing must set forth in detail the reasons why the deputy registrar contends the decision of the commissioner should be reversed. The hearing must follow the hearing procedures in parts 7406.1100 to 7406.2500.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.0350 County Official as Deputy Registrar; Procedure

Subpart 1. In general.

When a proposed office location is approved by the commissioner, the commissioner shall begin the process of appointing a deputy registrar for the approved office location. The commissioner shall refer the request for an appointment to the county auditor in the same county as the approved office location.

Subp. 2. County action.

A. The county auditor, with the approval of the county board, may designate a clerk or equivalent officer within the county to be appointed by the commissioner as a deputy registrar for the approved office location.

B. If the county auditor does not accept the appointment, the county board may designate the director of the county licensing bureau established under Minnesota Statutes, section 373.33, as the deputy registrar or, if the licensing bureau director is already a deputy registrar, make the licensing bureau director responsible for the administration of the new office location.

C. Regardless of whether the county auditor or licensing bureau director has been previously appointed a deputy registrar, the county board may decline to designate a deputy registrar for the approved office location.

Subp. 3. Notice to commissioner required.

The county auditor shall notify the commissioner, in writing, of the option chosen under subpart 2 regarding the designation of a deputy registrar for the approved office location. The notice of the county board's decision must be received by the commissioner within 60 days of the referral to the county auditor by the commissioner.

Subp. 4. Failure to notify commissioner; consequences.

If the county auditor fails to notify the commissioner within 60 days, the commissioner shall implement the appointment of a deputy registrar for the approved office location under parts 7406.0355 and 7406.0360.

Subp. 5.

[Repealed, 29 SR 97]

Subp. 6. Change in county auditor appointment.

A county auditor appointed as a deputy registrar shall notify the commissioner, in writing, within ten days of vacating the county auditor office. If the county auditor position is vacated upon the death of a county auditor, a county official authorized by the county board must notify the commissioner within ten days of that vacancy.

Subp. 7. Transfer of county appointments.

A. The commissioner shall transfer a deputy registrar appointment of a county official to the successor county official if the position of the county official is taken or assumed by another individual and the county board verifies to the commissioner that the proposed successor deputy registrar meets the qualifications for a deputy registrar as specified in this chapter and Minnesota Statutes, section 168.33.

B. A successor deputy registrar must not be appointed without certification of the appointment by the commissioner.

C. A deputy registrar appointment in a county is transferred to the commissioner if:

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.0355 City Official as Deputy Registrar

Subpart 1. In general.

If the county board declines to designate a deputy registrar for appointment to administer the approved office location under part 7405.0350, subpart 2, or the county auditor fails to provide timely notice to the commissioner under part 7406.0350, subpart 3, the commissioner shall extend the next consideration for appointment of a deputy registrar at an approved office location to the city where the approved office location is located.

Subp. 2. City designation.

If the commissioner offers a deputy registrar appointment for an approved office location to a city, the city's governing authority shall, within 60 days of the date of the offer:

A. designate a clerk or official of the city to be appointed by the commissioner and verify to the commissioner that the individual meets the requirements for a deputy registrar in this chapter and Minnesota Statutes, section 168.33; or

B. decline the offer and notify the commissioner.

Subp. 3. Transfer of city appointment.

The commissioner shall transfer the appointment of a city clerk or city official as a deputy registrar to another clerk or official of the city if the city's governing authority notifies the commissioner that the position has been assumed by another individual and verifies to the commissioner that the proposed successor deputy registrar meets the qualifications for a deputy registrar as specified in this chapter and Minnesota Statutes, section 168.33.

A. If the appointment of the city clerk or city official had been previously made by the county auditor, the commissioner shall assume the responsibility for the appointment.

B. A successor deputy registrar must not be appointed without certification from the commissioner.

C. A deputy registrar appointment for a city reverts to the commissioner if:

Subp. 4. Failure to notify commissioner.

If the city's governing authority declines the appointment or fails to notify the commissioner within 60 days, the commissioner shall implement the appointment of a deputy registrar for the approved location under part 7406.0360.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 29 SR 97

Minn. R. 7406.0360 Deputy Registrar Appointment by Commissioner

Subpart 1. In general.

A deputy registrar appointment can only be made for an approved office location that qualifies under part 7406.0300.

A. Only the commissioner has the authority to make a deputy registrar appointment.

B. The commissioner shall appoint a deputy registrar for a county or city when the government entity accepts an offer for appointment of a deputy registrar and verifies to the commissioner that the individual to be appointed meets the qualifications for a deputy registrar specified in this chapter and Minnesota Statutes, section 168.33.

C. When the county board and the city both decline to have a deputy registrar appointed, and the commissioner believes the appointment is in the public interest, the commissioner shall proceed to appoint a deputy registrar at an approved office location as specified in this part.

Subp. 2. Publication of vacancy.

When (1) an office location is approved by the commissioner, (2) the county board and city both decline the appointment of a clerk or official as a deputy registrar, and (3) the commissioner still approves the office location and wants to appoint a deputy registrar, then the commissioner, as the appointing authority, shall publish notice of the deputy registrar vacancy for the approved office location.

A. The notice must be published for two successive weeks in a qualified newspaper in the county where the approved office is located.

B. The notice must be published within 30 days after both the county and city decline the appointment of a deputy registrar.

C. The notice must contain at least the following information:

Subp. 3. Restriction on processing proposed office locations.

Once a request for approval of a proposed office location has been submitted to the commissioner for consideration, no other requests for approval of a proposed office location may be made for that proposed office location or a location within a 15-mile radius of that proposed office location until:

A. the commissioner either approves the proposed office location or all appeals associated with a disapproval have been resolved; and

B. the appointment process for the approved office location under this chapter is completed.

Subp. 4. Application for appointment.

An application for a deputy registrar appointment must be submitted to the commissioner on a form provided or approved by the commissioner and must contain the following information:

A. the full name, address, states of residency for the last five years, date of birth, and telephone number of the applicant, who must be age 18 or older, and each person named on the application;

B. whether the applicant is an individual, public entity, or a corporation and, if a corporation:

C. whether a person named on the application has or had any other license with a federal, state, or municipal government agency, the current status of that license, and an explanation of any cancellation, revocation, suspension, or other disciplinary proceeding in connection with the license;

D. whether a person named on the application owns or is a partner, officer, or five percent shareholder in a financial institution, motor vehicle dealership, or automobile insurance business;

E. the name, address, date of birth, and telephone number of the person who will be responsible for the day-to-day operation of the proposed office location, if known;

F. the address of the proposed office location;

G. a floor plan of the proposed office, including the area and dimensions of the space allocated for the processing area, public service area, and storage area;

H. information regarding work experience and training as specified on the application;

I. a history of deputy registrar appointments of each person, public entity, and corporation named on the application, including each prior deputy registrar appointment applied for or granted and the dates of the application or appointment, and, if applicable, the date and reasons why a deputy registrar appointment application was denied or an appointment was suspended, revoked, or canceled;

J. a certified copy of the criminal history of each person named on the application and, if the person is a nonresident or has resided in Minnesota for less than five years, a certified copy of a criminal records check of the national criminal records repository including the criminal justice data communications network; and

K. the signature of each person named on the application, verifying that the information on the application is true. The signatures must be notarized.

Subp. 5. Criminal history check.

The commissioner may conduct a criminal history check at any time while a person is serving as a deputy registrar.

Subp. 6. Change in deputy registrar conditions.

A deputy registrar shall report changes or anticipated changes of the information in subpart 4 to the commissioner.

A. The changes must be reported in a format prescribed by the commissioner, within ten days of the date the change is to occur or within ten days of the date the deputy registrar learns that the changes will occur, whichever occurs first.

B. Changes are subject to approval by the commissioner.

C. A change without prior approval of the commissioner is cause for discontinuance of an appointment if the change violates this chapter or Minnesota Statutes, section 168.33.

Subp. 7. Reasons to deny deputy registrar appointment.

The registrar shall deny a deputy registrar application or appointment for any of the reasons listed in items A to H:

A. The application or an item filed with the application does not meet the requirements of subpart 4.

B. A person named on the application was or is an owner, partner, officer, director, or five-percent shareholder of an office whose deputy registrar appointment is currently discontinued or who is involved in an investigation or proceeding that could result in discontinuance of an appointment.

C. A person named on the application has been convicted of a felony.

D. A person named on the application has been convicted of any crime of the following types:

E. The applicant's proposed office location does not meet the requirements under part 7406.0300 or 7406.0400.

F. The commissioner of revenue notifies the commissioner, or the commissioner has sufficient cause to believe, that a person named on the application owes the state delinquent taxes, penalties, or interest.

G. A person named on the application owns or is a partner, officer, or five-percent shareholder in a financial institution, motor vehicle dealership, or automobile insurance business.

H. An application for appointment is filed that is incomplete or that contains a statement that is false, misleading, fraudulent, or otherwise constitutes a misrepresentation.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.0370 Certificate of Appointment of Deputy Registrar

Subpart 1. In general.

An appointment must be based upon information contained in the application, interviews, an inspection of the proposed office location for compliance with this chapter, and other relevant information or documentation.

Subp. 2. Certificate of appointment.

In connection with the appointment as a deputy registrar, the individual, public official, or corporate officer shall execute a certificate of appointment with the commissioner.

A. The certificate must specify the individual, public official, or corporate officer appointed as deputy registrar, the location of the approved office, and other information relating to the responsibility of the deputy registrar appointment.

B. The certificate of appointment must be signed by the appropriate person as follows:

C. When the designation of a deputy registrar is transferred by a county or city to another officer or clerk, a new certificate of appointment must be completed by the commissioner.

D. The commissioner shall withdraw an offer of appointment if the appointed deputy registrar fails to provide an operational office that meets the requirements of this chapter within 12 months of the date of initial appointment by the commissioner.

Subp. 3. County appointment of private party.

A. If a county auditor has appointed, previous to the adoption of this subpart, a deputy registrar who is a private party, the county auditor shall maintain responsibility for the operation and administration of that deputy registrar.

B. If a deputy appointed by a county auditor dies or discontinues service, or if the county auditor or board discontinues the appointment, the appointment of the deputy registrar reverts to the commissioner.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.0380 Bond

If a deputy registrar appointed under this chapter is not an official or clerk of a county or city, the deputy registrar must provide a continuous surety bond to the state to cover the motor vehicle taxes and fees collected on behalf of the commissioner.

A. The bond must be conditioned upon the faithful discharge of duties as a deputy registrar.

B. If a deputy registrar is also a driver's license agent, a separate bond must be maintained by the deputy registrar in addition to the bond required to be held to cover the state taxes and fees collected as a driver's license agent.

C. If the deputy registrar is also an agent for the Minnesota Department of Natural Resources, the deputy registrar's bond with the commissioner must specify that it only covers motor vehicle transactions under Minnesota Statutes, chapters 168, 168A, 168C, and 297B.

D. Beginning July 1, 2004, the bond for all motor vehicle transactions of the Department of Public Safety:

E. The bond must be rounded up to the nearest $5,000 increment.

F. For an initial appointment, the bond must be adjusted after the first 24 months of office operation and must be based on the two-day average amount of motor vehicle taxes and fees collected during the previous year of operation.

G. All bonds must be adjusted every five years, starting with the date of initial issuance for an existing office, or starting with the date after the 24th month adjustment for a new office. The five-year adjustment must reflect the two-day average daily amount of motor vehicle taxes and fees during the previous two calendar years.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 29 SR 97

Minn. R. 7406.0400 Deputy Registrar Office Requirements

Subpart 1. In general.

Any proposed, approved, or existing office location must comply with subparts 2 to 7. Existing offices that are not in compliance with subparts 4 and 7 on July 1, 1996, may be granted a variance by the commissioner under subpart 1a.

Subp. 1a. Variance.

An existing deputy registrar may apply to the commissioner for a variance from complying with subparts 4 and 7 if compliance would be a substantial hardship for the deputy registrar. A deputy registrar may apply for a variance by submitting a written request, on a form prescribed by the commissioner, to the commissioner within six months of July 1, 1996. The commissioner shall consider the following factors when reviewing the deputy registrar's request for a variance:

A. the subpart from which the variance is requested and why the office does not meet the requirements of the subpart;

B. the options available to the deputy registrar to bring the office into compliance with the subparts;

C. the financial cost for meeting the options listed in item B, estimated with reasonable efforts; and

D. other information requested by the commissioner or supplied by the deputy registrar. A variance granted under this subpart expires upon the death or retirement of an individual appointed as a deputy registrar, the dissolution of a corporate deputy registrar, or the revocation or resignation of any deputy registrar appointment. If the deputy registrar office moves, any variances granted with respect to the office space requirements of subparts 4 and 7 expire. The commissioner's decision and the right to review of the commissioner's decision must follow the procedures in part 7406.0330, subparts 3 and 4.

Subp. 2. Processing areas for complete and incomplete motor vehicle transactions.

A deputy registrar:

A. must have an office that contains:

B. may not use the processing areas for living space or for transacting any other business, except that deputy registrars authorized by the commissioner may process drivers' licenses, Department of Natural Resources transactions, and additional transactions as specified under Minnesota Statutes, section 373.33;

C. shall install a counter or divider within the processing areas to separate the public from the processing areas of the office; and

D. shall provide to the commissioner a floor plan of the office, including the specific areas and dimensions of the space allocated for the processing areas, public service area, and storage area, if not previously provided with an application for appointment under part 7406.0360, subpart 4.

Subp. 3. Inventory security.

Inventory must be maintained in a secured area that is not accessible to the public either during or after business hours.

Subp. 3a. Technology requirements.

A deputy registrar must have an office that is equipped with the technological infrastructure required to process credit card data or debit card data using a card-processing terminal or other hardware provided by the commissioner. "Technological infrastructure" means the physical hardware used to interconnect computers and users. It includes the transmission media and other devices that control transmission paths, and includes the software used to send, receive, and manage the signals that are transmitted. A deputy registrar is responsible for the cost for the technological infrastructure.

Subp. 4. Size of office area.

The size of the office area includes the processing areas, the public service area, and the inventory storage area of the office. The size of the office area must contain a minimum of 300 square feet.

If the deputy registrar office space is adjacent to another nonconflicting business, the other business may not encroach upon the office space of the deputy registrar office. The deputy registrar office space must be separate and distinct from the other business.

Subp. 5. Accessibility.

The office must be accessible to the disabled in compliance with state and federal laws and regulations.

Subp. 6. Identification.

An indoor or outdoor sign must be prominently displayed to identify the office.

Subp. 7. Conflicting business interests.

A deputy registrar may not own or be a partner, officer, or five-percent shareholder in a financial institution, motor vehicle dealership, or automobile insurance business.

A deputy registrar office may not be located in the same office space with a financial institution, a motor vehicle dealership, or an automobile insurance office. A deputy registrar office that is located adjacent to a conflicting business must be separated from the conflicting business by floor-to-ceiling walls. The deputy registrar must have an entrance that is separate from the conflicting business and must have a door that can be shut and locked to close off the entire entrance.

History

• Statutory Authority: MS s 14.06; 168.33; 171.061; 299A.01
• History: 20 SR 2784; 29 SR 97; 35 SR 1974

Minn. R. 7406.0450 Reporting and Depositing Practices

Subpart 1. Close of records.

At the time of appointment, the deputy registrar shall notify the commissioner in writing of the days that the office will be open and the time of the daily close of office records.

The deputy registrar shall not change the time of the daily close of office records without notifying the commissioner in writing at least 15 days before the proposed effective date of the change, and the deputy registrar shall not implement the change unless the commissioner has approved it.

Subp. 1a. Processing credit card and debit card transactions.

A. At the daily close of office records on each working day, the deputy registrar shall settle the batch containing all credit card and debit card transactions conducted that day according to procedures prescribed by the commissioner.

B. The deputy registrar shall store all signed merchant copies of the credit card and debit card receipts for the transaction amount and the convenience fee at the office location and shall maintain all signed merchant copies of the credit card and debit card receipts according to subpart 4.

C. The deputy registrar is responsible for all chargebacks when a person successfully disputes a transaction charged to the person's credit card or debit card.

Subp. 2. Reporting registrations, fees, and taxes.

A report of the motor vehicle fees and taxes collected and the motor vehicle transactions collected for the department each working day must be transmitted by the deputy registrar to the commissioner according to the procedures specified in this part and in an electronic format or other alternative means prescribed or approved by the commissioner. The report must include:

A. the names of the parties of the collected transactions, excluding the names of parties applying solely for renewal;

B. the type of transaction;

C. the listing of motor vehicle fees and taxes collected for the department on that day;

D. the completed motor vehicle documents and required information for the transactions as specified by the commissioner; and

E. a financial statement listing the total amount of motor vehicle fees and taxes collected, deposited, and reported under subparts 3 and 3a.

Subp. 2a. Processing and reporting incomplete motor vehicle transactions.

The processing and reporting requirements specified in this subpart must be met if an incomplete transaction is received by a deputy registrar.

A. The incomplete transaction must not be listed on the daily report for the office until all motor vehicle fees and taxes are collected for the transaction.

B. State inventory must not be released to the customer until all motor vehicle fees and taxes are collected for the transaction.

C. State fees and taxes must not be deposited or reported before the time of collection for the transaction.

D. Incomplete transactions for which motor vehicle fees and taxes cannot be collected the same working day that the transactions were received must be dated with the date that the transactions were received by the deputy registrar and placed in the incomplete processing area required under part 7406.0400, subpart 2, item B.

E. In the case of motor vehicle transactions, state fees and taxes, the deputy registrar shall collect all motor vehicle fees and taxes for the transaction or return the incomplete transaction to the customer within two working days following receipt of the transaction.

F. In the case of an incomplete transaction that is accepted, the deputy registrar shall inform the customer that the transaction will not be considered accepted and stamped paid until the transaction is completed and all motor vehicle fees and taxes are collected.

G. A deputy registrar must notify the commissioner if the deputy registrar's office intends to receive incomplete motor vehicle transactions and submit to the commissioner a floor plan of the office space as required under part 7406.0360, subpart 4. If the deputy registrar ceases to accept incomplete motor vehicle transactions, the deputy registrar shall notify the commissioner within ten days of the change.

Subp. 3. Depositing motor vehicle fees and taxes.

A. Before the end of each working day, each deputy registrar shall deposit an amount equal to the total of all motor vehicle fees and taxes collected the previous working day according to the requirements in subpart 3a. The amount listed for the total of all motor vehicle fees and taxes collected must cover any shortages for any motor vehicle transactions collected and stamped as paid, including any unsettled credit card and debit card transactions.

B. The deputy registrar shall process credit card and debit card transactions through the bank designated by the commissioner.

C. The deputy registrar shall authorize the designated bank to deposit the proceeds of credit card and debit card transactions to the deputy registrar's business or personal bank account.

D. The deputy registrar shall transfer an amount equal to all motor vehicle fees and taxes collected the previous working day that were paid for using a credit card or debit card to the state-designated depository, or to a depository approved under subpart 3a.

Subp. 3a. Reporting deposits to commissioner.

On the date the deposit of motor vehicle fees and taxes are due, the deputy registrar shall ensure that a financial statement of the deposits made are reported to the commissioner according to the procedures and in a format specified in this part.

A. All deposits must be made in a depository that meets the requirements in this subpart.

B. The depository must be authorized by the deputy registrar to allow the state to electronically withdraw funds from the deputy registrar's account in an amount equal to the motor vehicle taxes and fees reported to the state. This item affects only those deputy registrars that received authorization before October 1, 2009, for automatic deposit of funds from the deputy registrar's bank account to the state depository.

C. Any depository used for the deposit of taxes or fees due and owing the state must either:

D. Any funds collected on a working day in excess of the total motor vehicle taxes and fees listed on the report described in subpart 2, minus filing fees and imprest cash, must be deposited as motor vehicle registration tax.

Subp. 3b. Reconciling reported excess.

If a deputy registrar documents the need for a refund of a reported payment of excess funds, the commissioner shall refund or credit the reported excess funds if the submitted documentation substantiates the reported excess.

Subp. 4. Maintaining records.

At the deputy registrar's office, the deputy registrar must keep complete records for deposits made to approved state depositories and the daily reports prepared under subpart 2 for motor vehicle registrations and motor vehicle fees and taxes collected.

A. The records must be maintained for three years.

B. Once the records and the corresponding motor vehicle documents are received by the deputy registrar, the records, documents, and information contained on the records and documents become the property of the state of Minnesota and are subject to the terms of the Data Practices Act under Minnesota Statutes, chapter 13. The records, documents, and information contained on the records and documents may not be released by the deputy registrar without prior approval from the commissioner, except when authorized by statute for law enforcement personnel and by court order.

Subp. 4a. Destroying private or confidential data.

Storage or destruction of any document with private or confidential information must be done in such a way that the information is irretrievable and cannot be revealed to anyone not entitled to see it.

Subp. 5. Warning notice.

On discovering a violation of subpart 3 or 3a, the commissioner must send a warning notice, by certified mail, to the deputy registrar warning of the violation.

The warning notice must identify the violation and tell the deputy registrar that if the deputy registrar violates subpart 3 or 3a again within 180 days of the date on the notice, a late payment charge will be imposed.

Subp. 5a. Late payment charge; calculation.

For each subsequent violation of subpart 3 or 3a after a warning notice has been issued, the commissioner shall impose a late payment charge of $30 or an amount computed by the following formula, whichever is greater.

A. The number of calendar days for which payment is late begins on the date on the late payment charge notice. The late payment notice must be issued by certified mail and contain the information specified in subpart 6.

B. Calendar days late x delinquent amount x daily rate = Late payment charge where:

C. In determining the number of calendar days a deposit or report is late, weekends and holidays must be included only if the deposit or report is determined to be already at least two calendar days late.

D. The commissioner shall continue to impose the late payment charges until the deputy registrar is no longer in violation of this part.

Subp. 6. Notice of late payment charge.

The late payment charge notice must identify the violations of Minnesota Statutes, section 168.33, and subpart 3 or 3a for which the late payment charge is imposed.

The notice must also tell the deputy registrar when the late payment charge is due, how the late payment charge must be paid, and how to obtain a review of the late payment charge.

Subp. 7. Unpaid late payment charges.

If a late payment charge remains unpaid for 30 days from the date the commissioner mailed the notice of late payment charge and if no review is requested, the commissioner shall make a claim for payment against the deputy registrar's performance bond, or in the case of a public official serving as a deputy registrar, the commissioner shall demand payment from the county treasurer.

Subp. 8. Administrative review.

When the commissioner notifies a deputy registrar that a late payment charge has been imposed:

A. The deputy registrar may ask the commissioner to review the late payment charge. The deputy registrar may request a review by submitting a statement, together with written materials showing that the deputy registrar processed the motor vehicle registrations in compliance with Minnesota Statutes, section 168.33, subdivision 2, and this chapter. The request for review must be submitted within ten days from the date the notice of late payment charge was issued. The commissioner shall review the materials and notify the deputy registrar within ten days of receipt of the request for review, whether the late payment charge will be affirmed or rescinded. A deputy registrar may withhold the late payment charge during the review period but must pay the late payment charge to the state depository account by the end of the working day following notice that the late payment charge is affirmed.

B. The commissioner shall affirm the late payment charge only if the charge was calculated correctly and the late deposit was the result of foreseeable circumstances within the control of the deputy registrar.

Subp. 9. Discontinuance.

A deputy registrar who fails to comply with the late payment charge notice may be subject to discontinuance of the deputy registrar's appointment under parts 7406.0800 to 7406.1000.

History

• Statutory Authority: MS s 14.06; 168.33; 171.061; 299A.01
• History: 13 SR 2091; 20 SR 2784; L 2003 c 112 art 2 s 50; 29 SR 97; L 2009 c 101 art 2 s 109; 35 SR 1974

Minn. R. 7406.0475 Audit

Subpart 1. Biennial audit.

At the request of the commissioner, a deputy registrar shall make available for audit all motor vehicle fee and tax records for all transactions occurring during the state's biennial fiscal cycle for each office location of a deputy registrar. If the commissioner has reasonable cause to believe another audit is necessary in addition to the biennial audit, the commissioner may order that another audit be conducted at cost to the deputy registrar to address areas of the deputy registrar's biennial audit in which the commissioner was not able to determine compliance.

Subp. 2. Scope of audit.

The audit must cover the motor vehicle transaction fees and taxes collected by the deputy registrar for the previous two years. The audit report must include:

A. the auditor's opinion as described in subpart 3;

B. a report on internal controls as described in subpart 4;

C. a verification of imprest cash as required by subpart 5;

D. any material weaknesses as described in subpart 6;

E. a response to the auditor's report by the deputy registrar; and

F. other information as noted by the auditor.

Subp. 3. Auditor's opinion; compliance and corrective action; administrative sanctions.

The auditor's opinion must describe areas of compliance, noncompliance, and corrective action and show a timetable for corrective action. Failure to undertake corrective action or to meet timelines is cause for subsequent administrative action, including suspension or revocation.

Subp. 4. Internal controls.

The internal controls are the internal procedures of the deputy registrar designed to ensure compliance with the reporting and depositing requirements of this chapter. The audit of internal controls must assess whether:

A. transactions have been properly recorded and accounted for;

B. reliable state reports have been prepared; and

C. control measures are in place that assure that accountability over all motor vehicle fees and taxes is maintained by the deputy registrar.

Subp. 5. Verify imprest cash.

The audit must include a verification of the proper use of imprest cash as specified in part 7406.0500, subpart 7, and report any discrepancies.

Subp. 6. Material weaknesses.

The audit report must state whether any material weaknesses were detected. Material weaknesses include:

A. inadequate safeguarding of state inventory, fees and taxes, or other state assets;

B. repeated overages or shortages;

C. delinquent fees, taxes, or reports due to the state;

D. failure to maintain proper reports and records;

E. material underreporting or overreporting of transactions or motor vehicle fees or taxes;

F. failure to report the loss of inventory, motor vehicle fees, or taxes; and

G. inattention to or lack of correction to previously reported material weaknesses.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 29 SR 97

Minn. R. 7406.0500 General Operating Rules for Deputy Registrars

Subpart 1. Management of office.

In managing the office, a deputy registrar:

A. shall not delegate to another person the authority or responsibility of operating the office; and

B. shall designate one contact person for the office. The deputy registrar shall provide written notification to the commissioner of the name of the contact person and of a change in the contact person within ten days of the change. The contact person must be a person who actively participates in the processing of transactions and who is in the office on a full-time basis. The contact person shall act as a liaison between the commissioner and the deputy registrar office to discuss and address problems or questions that may arise on a daily basis.

Subp. 2. Hours.

Deputy registrar offices must be open for business at least 40 hours during each week. However, legal holidays listed in Minnesota Statutes, section 645.44, subdivision 5, and holidays authorized under Minnesota Statutes, section 373.052, subdivision 1, for county offices are included in the 40-hour calculation.

Each deputy registrar shall provide the commissioner with an accurate written schedule of the hours the office is open for business. A written request for a change in office hours must be made to the commissioner at least ten days before the change in hours. The commissioner must approve changes in business hours before the hours become effective.

Subp. 2a. Closure of office; variance procedure.

An office must be open for at least 40 hours each week unless the commissioner grants a variance to allow an office to be closed for a specified period of time. To request a variance for closure of an office for two days or more, the deputy registrar shall submit a written request on a form prescribed by the commissioner. Under the variance procedure, the commissioner shall consider the following factors before allowing an office to close:

A. reason the closure is requested;

B. length of time the closure is requested;

C. day of the month and time of the year that the closure is requested;

D. number of transactions that an office processes on an annual basis and number of transactions that are processed at the requested time of closure, if known;

E. ability to keep the office open with current, additional, or temporary staff; and

F. number of variances granted that year. The commissioner shall review the information submitted with the variance request and grant or deny the variance within two business days after receipt of the request. If a variance is granted for closure of an office, the deputy registrar must provide notice to the public at the deputy registrar office of the dates and times of the office closure. If the office is to be closed for four days or less, the deputy registrar must post notice in a conspicuous place inside and outside the office for up to two consecutive weeks before closure. If the office is to be closed for five or more days, the notice must be posted at the office and also published in a qualified newspaper or on a radio station in the county or city in which the office is located. The notice must be published at least two weeks before the closing for two consecutive weeks, or a shorter time as approved by the commissioner. The notice of closure must contain the dates and times that the office will be closed and the location and address of the nearest office where alternative service can be obtained.

Subp. 2b. Emergency and short-term closure of office.

For requests of an office closure that is for one day or that is due to an emergency situation, the deputy registrar must notify the commissioner by telephone or other means at the earliest opportunity to request a variance from the 40-hour work week. The commissioner must follow the criteria in subpart 2a when deciding to grant or deny the variance. If a variance is granted for closure of an office, the deputy registrar must provide notice to the public, as soon as practicable, at the deputy registrar office of the dates and times of the office closure. If the closure of an office is for more than one day, the deputy registrar must follow the variance procedures set forth in subpart 2a.

Subp. 3.

[Repealed, 29 SR 97]

Subp. 4.

[Repealed, 20 SR 2784]

Subp. 5. Filing fees.

Filing fees are governed by the following requirements:

A. A deputy registrar shall charge and receive the full filing fee specified by law. Rebates are prohibited.

B. No filing fee may be charged for a document returned for a refund, correction of an error made by the department or a deputy registrar, permanent surrender of a certificate of title, or license plate for a motor vehicle.

C. A deputy registrar may not charge a customer for long-distance telephone calls, unless:

Subp. 6. Cash register.

A separate cash register or cash receptacle must be maintained for deputy registrar funds. No other funds from other businesses may be kept with deputy registrar funds, except:

A. funds from driver's license, Department of Natural Resources, or county license bureau transactions, concerning which the deputy registrar must be able to determine at all times which funds are attributable to motor vehicle transactions and which funds are attributable to driver's license, Department of Natural Resources, or county license bureau transactions; or

B. funds from other sources, other than those listed in item A, when the deputy registrar's fee receipt system is able to differentiate funds from various sources and the deputy registrar has received written approval from the commissioner to use such a system.

Subp. 7. Imprest cash.

A deputy registrar shall maintain a verifiable and identical amount of start-up funds in the cash register or cash receptacle on a daily basis. The deputy registrar shall inform the commissioner, in writing, of the amount of money that will be used during the day for start-up funds. The amount of the start-up funds must not be changed without prior written notification to the commissioner.

Subp. 7a. Credit card acceptance; general requirements.

A. A deputy registrar shall accept credit cards and debit cards as a method of payment for motor vehicle transactions, unless a variance is granted under subpart 7b. The commissioner shall specify the types of credit and debit cards that the agent can accept for payment.

B. Ordinarily, a deputy registrar shall operate at least one card-processing terminal in the office at which motor vehicle transactions are conducted. But a deputy registrar may operate a point-of-sale information system, or other information system used to process and manage business transactions, if:

C. The commissioner shall:

D. The deputy registrar shall provide the technological infrastructure as specified in part 7406.0400, subpart 3a.

E. The commissioner shall provide the deputy registrar with signage in an electronic media format that states:

F. A deputy registrar shall inform a person who chooses to pay by credit card or debit card of the amount of the convenience fee and shall obtain the person's consent to the convenience fee before completing the transaction.

G. A deputy registrar is responsible for chargebacks as specified in part 7406.0450, subpart 1a, item C.

Subp. 7b. Credit card acceptance; variance procedure.

A deputy registrar may apply to the commissioner for a variance from the provision in subpart 7a requiring acceptance of credit cards and debit cards. A variance to subpart 7a does not include a variance to the technology requirements in part 7406.0400, subpart 3a. Application for a variance may be made by submitting a written request to the commissioner according to this subpart. The commissioner shall consider the following factors when reviewing the request for a variance:

A. the deputy registrar's written statement of reasons why credit card and debit card acceptance would impose serious economic hardship;

B. bank statements from the deputy registrar's office for the preceding three months;

C. the average number and average amount of motor vehicle transactions conducted in the deputy registrar's office during the preceding year; and

D. additional information requested by the commissioner or supplied by the deputy registrar.

Subp. 7c. Credit card acceptance; commissioner's review.

The commissioner shall review the deputy registrar's request for a variance under subpart 7b and grant or deny it within 30 calendar days of its receipt, or within 30 calendar days from the date of the commissioner's request for additional information, whichever is later. The commissioner shall give the deputy registrar written justification for a decision to deny the variance. Failure of the deputy registrar to submit the additional information requested under subpart 7b within 15 calendar days of the request is cause for the commissioner to deny a request for a variance. This procedure is not a contested case hearing as defined in Minnesota Statutes, chapter 14.

Subp. 8. Inventory to remain in office.

Unsold inventory that is assigned to a deputy registrar by the commissioner must remain in the office, except in the following authorized circumstances:

A. return of inventory to the commissioner;

B. destruction or removal of inventory that is obsolete; or

C. other removal or transfer of inventory that is authorized by the commissioner such as approval to reassign inventory to another office or approval to remove inventory through other means such as through newly established technology.

Subp. 9. Mail order transaction.

A deputy registrar may mail out inventory to customers upon meeting the conditions in items A to E.

A. The deputy registrar shall provide written notification to the commissioner that the office will provide mail service to customers. Once written notification is provided to the commissioner, the deputy registrar must accept and process all mail transactions that are ready for issuance of inventory. Incomplete motor vehicle transactions that are received by mail must follow the procedures in part 7406.0450, subpart 2a.

B. The deputy registrar shall maintain a record of the inventory that was mailed and the name and address where the inventory was mailed. The record may be maintained on the daily summary report under part 7406.0450, subpart 2, or other report maintained separately by the deputy registrar.

C. The inventory must be mailed under uniform mailing standards as provided by the commissioner.

D. The deputy registrar must pay the replacement cost of inventory if the inventory is lost in the mail or the customer did not otherwise receive the inventory.

E. The deputy registrar shall mail the inventory by at least first class United States mail, unless a request is made by the customer for other special delivery services. The deputy registrar shall incur the cost of mailing the inventory, unless the customer requests a special delivery of the inventory. If the customer requests a special delivery of the inventory, the deputy registrar may allow the customer to incur the cost of those special delivery charges. If a deputy registrar does not make a written request to provide mail service to customers, the mail orders received by a deputy registrar, including the filing fee, must be forwarded to the commissioner for processing and mailing.

Subp. 10. Registration stickers unaccounted for.

Registration stickers assigned to an office, except for the month sticker, must be accounted for by issuance and money collected, by affidavit of missing initial inventory, or by submitting the defective registration sticker to the commissioner.

If a registration sticker is unaccounted for, the deputy registrar is responsible for payment of the registration tax loss or replacement cost for each registration sticker unaccounted for. The amount of registration tax that a deputy registrar must pay is either the full, average, or minimum registration tax as determined under items A and B.

A. A deputy registrar must pay the full registration tax for the registration sticker if the commissioner has sufficient cause to believe that the full amount of the registration tax was paid for by the customer.

B. A deputy registrar will have to pay the average or minimum registration tax or replacement cost of the registration sticker after consideration of the following factors by the commissioner:

Subp. 11. Other inventory or state-issued property unaccounted for.

Inventory, other than registration stickers under subpart 10, and other state-issued property provided to an office, must be accounted for by issuance and fees collected, by affidavit of missing initial inventory, or by submitting the defective inventory or state property to the commissioner.

If inventory or other state-issued property is unaccounted for, other than stickers, the deputy registrar is responsible for the replacement cost of the inventory or state property.

History

• Statutory Authority: MS s 14.06; 168.33; 171.061; 299A.01
• History: 13 SR 1733; 17 SR 1279; 20 SR 2784; 29 SR 97; 35 SR 1974

Minn. R. 7406.0600 [Repealed, 20 SR 2784]

[Repealed, 20 SR 2784]

Minn. R. 7406.0700 Exception to Volume and Distance Requirements

A new deputy registrar may be appointed upon the death, resignation, revocation, or retirement of an existing deputy registrar whose office does not comply with the requirements for distance or number of applications for registration processed in part 7406.0300 if the provisions in this part are met.

A. The new deputy registrar must locate the office in the same city.

B. The office location must meet the office requirements under part 7406.0400 and must have all equipment necessary to process and report transactions and collect and report state taxes and fees.

C. If the commissioner approves the exception, the commissioner shall use the appointment process specified in parts 7406.0350 to 7406.0360.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 13 SR 1733; 20 SR 2784; 29 SR 97

Minn. R. 7406.0800 Actions for Failure to Comply with Laws or Rules

The failure of a deputy registrar or employee of a deputy registrar to comply with applicable laws or rules governing the operation of a deputy registrar office may be cause for discontinuing the deputy registrar appointment or for issuing a correction order under parts 7406.0800 to 7406.1000.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.0900 Immediate Suspension of Appointment

Subpart 1. Grounds.

The commissioner may immediately suspend a deputy registrar appointment if the commissioner has sufficient cause to believe that an immediate suspension is necessary to ensure the security of the monies of the state, the public, or the operation of the deputy registrar office. In making the determination to immediately suspend, the commissioner shall consider:

A. whether grounds exist for the revocation of an appointment;

B. whether the deputy registrar's failure to comply with an applicable law or rule has placed in imminent danger the monies of the state, the public, or the operation of the deputy registrar office; and

C. whether the risk of harm to the monies of the state, the public, or the operation of the deputy registrar office, outweighs the harm to the deputy registrar of discontinuing the operation of the office during the pendency of a hearing.

Subp. 2. Immediate suspension hearing.

When the commissioner has grounds for immediate suspension under this part, a contested case hearing must be held within 20 days after the service of the order of immediate suspension and notice of and order for hearing. A contested case hearing for immediate suspension must be conducted in accordance with Minnesota Statutes, chapter 14.

Subp. 3. Suspension period and effect.

When a deputy registrar appointment is suspended under subpart 1, the deputy registrar shall immediately cease operation of the office and surrender all inventory, fees and taxes, and other state-issued property. The deputy registrar appointment must be suspended until the effective date of the commissioner's decision affirming, modifying, or vacating the order of immediate suspension.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.1000 Deputy Appointment Suspension, Revocation

Subpart 1. Conviction in another jurisdiction.

For purposes of this part, "conviction" includes a conviction of a crime in another jurisdiction that, if committed in Minnesota, would be a violation of a Minnesota statute.

Subp. 2. Grounds for suspension or revocation.

The violations specified in this subpart are grounds for revocation or suspension of a deputy registrar appointment:

A. conviction of a felony;

B. conviction of any crime:

C. violation or failure to comply with any provision of this chapter; Minnesota Statutes, chapter 168; or an order issued by the commissioner;

D. forging of documents or providing false or fraudulent information to the commissioner or the public;

E. misappropriation, conversion, or illegal withholding of state fees and taxes required to be deposited or reported in accordance with this chapter or Minnesota Statutes, chapter 84, 86B, 168, 168A, 168D, 297B, or 296A;

F. failure or refusal to provide the commissioner access to the office, documents, persons served, or employees;

G. immediate suspension of an appointment under part 7406.0900;

H. grounds for denial of an appointment under part 7406.0360, subpart 7; or

I. loss of an appointment as a driver's license agent under chapter 7404 or Minnesota Statutes, section 171.061.

Subp. 3. Criteria for discontinuance action.

In deciding what discontinuance action to take under subpart 2, the commissioner shall consider the following factors:

A. the laws or rules that have been violated;

B. the nature and severity of the violation and the conduct;

C. relevant facts, conditions, and circumstances concerning the violation and the operation of the office;

D. any aggravating or mitigating factors related to the violation;

E. the frequency of the violator's failure to comply with laws or rules related to a deputy registrar office;

F. the likelihood that the violations will occur again;

G. the degree of the violator's cooperation during the course of the investigation surrounding the violation; and

H. harm to the public because of the violation.

Subp. 4. Suspension and revocation hearing.

When the commissioner has grounds for revocation or suspension under this part, the commissioner shall conduct a hearing before revoking or suspending a deputy registrar appointment under the procedures in parts 7406.1100 to 7406.2600.

Subp. 5. Effect of revocation.

An owner, officer, director, or five percent shareholder of a revoked office may not be an owner, officer, director, or five percent shareholder of another deputy registrar office during the period of revocation. When a deputy registrar appointment is revoked, the deputy registrar shall immediately surrender all inventory, fees and taxes, and other state-issued property.

Subp. 6. Effect of suspension.

When a deputy registrar appointment is suspended under subpart 1, the deputy registrar shall surrender all fees and taxes. The commissioner shall consider the factors in subpart 3 when determining the length, terms, and conditions of the suspension.

Subp. 7. Issuance of correction order.

The commissioner may issue a correction order for a violation of rule or law rather than a suspension under subpart 1, after consideration of the factors in subpart 3.

A. The correction order must state:

B. If the deputy registrar believes that the contents of the commissioner's correction order are in error, the deputy registrar may ask the commissioner to reconsider the parts of the correction order that are alleged to be in error. The request for reconsideration must be in writing and received by the commissioner within ten days of the date of the correction order. The written request for reconsideration must:

C. A deputy registrar who fails to comply with a correction order may be subject to suspension or revocation of appointment under this part.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.1100 Definitions

Subpart 1. Scope.

The terms used in parts 7406.1100 to 7406.2600 have the meanings given them in this part.

Subp. 2. Party.

"Party" means each person named as a party by the commissioner in the notice of and order for hearing. Party includes the commissioner and the commissioner's employees and agents, but does not include the hearing examiner.

Subp. 3. Person.

"Person" means an individual, partnership, corporation, joint stock company, unincorporated association or society, municipal corporation, or any government or governmental subdivision, unit, or agency other than a court of law.

Subp. 4. Service or serve.

"Service" or "serve" means personal service or service by first class United States mail or a licensed overnight express mail service, postage prepaid and addressed to the party's last known address. An affidavit of service must be made by the person making the service. Personal service may be accomplished either by delivering a document to the person or by leaving a document at the person's home or place of business with someone of suitable age and discretion who resides in the same house or who is located at the same business address of the person to be served.

Postage must be prepaid. Mail to a person other than a state agency must be addressed to the last known address of the person. Agencies of the state of Minnesota may also deposit the document with the Central Mailing Section, Publications Division, Department of Administration, addressed as above.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.1150 Time

Subpart 1. Computation.

In computing any period of time prescribed by parts 7406.1100 to 7406.2600, the day of the last act, event, or default from which the designated period of time begins to run is not included. The last day of the period so computed must be included, unless it is a Saturday, Sunday, or a legal holiday.

Subp. 2. Extra time; service by mail.

Whenever a party has the right or is required to do some act or take some action within a prescribed period after the service of a notice or other paper upon the party, or whenever service is required to be made within a prescribed period before a specified event, and the notice or paper is served by mail, three days must be added to the prescribed period. In the event an agency chooses to utilize the Central Mailing Section, Publications Division, Department of Administration, four days must be added to the prescribed period.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.1200 Hearing; Service of Notice

The commissioner shall serve a notice of and order for hearing on the deputy registrar to commence the proceedings. The notice of and order for hearing must be served not less than 30 days before a revocation or suspension hearing under part 7406.1000. The notice of and order for hearing must be served not less than 20 days before an immediate suspension hearing under part 7406.0900; provided, however, that a shorter time may be allowed when it can be shown to the hearing examiner that a shorter time is in the public interest and that interested persons are not likely to be prejudiced.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.1300 Hearings Before Hearing Examiner

Revocation and suspension hearings under part 7406.1000 must be conducted by a hearing examiner appointed by the commissioner.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.1400 Notice of and Order for Hearing; Content

The notice of and order for hearing must contain at least the following:

A. a caption that includes the proposed action and the name of the deputy registrar;

B. the time, date, and place for the hearing;

C. the name, address, and telephone number of the hearing examiner;

D. a citation to the commissioner's rule and statutory authority to hold the hearing and take the action proposed;

E. a statement of the allegations or issues to be determined, together with a citation to the relevant statutes or rules allegedly violated or that control the outcome of the case;

F. a statement that the commissioner's proposed action may affect other deputy registrar appointments in which the deputy registrar or an owner, officer, director, or five percent shareholder of the deputy registrar is involved;

G. notification of the right of the parties to be represented by an attorney, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law;

H. a citation to the procedural rules of the commissioner in parts 7406.1100 to 7406.2600 and notification of how copies may be obtained;

I. a brief description of the procedure to be followed at the hearing;

J. a statement advising the parties to bring to the hearing all documents, records, and witnesses needed to support their position;

K. a statement advising the parties of the name of the commissioner's staff member or attorney general's staff member to contact to discuss informal disposition;

L. a statement advising the parties that a notice of appearance must be filed with the hearing examiner within 20 days of the date of service of the notice of and order for hearing if a party intends to appear at the hearing, unless the hearing date is less than 20 days from the issuance of the notice of and order for hearing;

M. a statement advising existing parties that failure to appear at the hearing may result in the allegations of the notice of and order for hearing being taken as true, or the issues set out being deemed proved, and a statement explaining the possible results of the allegations being taken as true or the issues proved;

N. a statement advising the parties that if not public data is admitted into evidence it may become public unless a party objects and asks for relief under Minnesota Statutes, section 14.60, subdivision 2; and

O. in the case of immediate suspension, a statement that the parties must cease operation of the deputy registrar office immediately and surrender all inventory, fees and taxes, and other state-issued property.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.1500 Notice of Appearance

Each party intending to appear at the hearing shall file with the hearing examiner and serve upon all other known parties a notice of appearance advising the hearing examiner of the party's intent to appear and shall indicate the title of the case, the party's current address and telephone number, and the name, office address, and telephone number of the party's attorney or other representative. The notice of appearance must be filed and served within 20 days of the date of service of the notice of and order for hearing; except that when the hearing date is 20 days or less from the commencement of the hearing, the notice of appearance is not necessary. The failure to file and serve a notice may, in the discretion of the hearing examiner, result in a continuance of the hearing if the party failing to file appears at the hearing. A notice of appearance form must be included with the notice of and order for hearing for use by the party served.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.1600 Right to Counsel

Parties may be represented throughout the proceedings in a hearing by an attorney, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.1700 Consent Order, Settlement, or Stipulation

Informal disposition may be made of a hearing or any issue in the hearing by stipulation, agreed settlement, or consent order at any point in the proceedings.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.1800 Continuances

Requests for a continuance of a hearing must be granted upon a showing of good cause. Unless time does not permit, a request for continuance of the hearing must be made in writing to the hearing examiner and must be served upon all parties of record. In determining whether good cause exists, due regard must be given to the ability of the party requesting a continuance to effectively proceed without a continuance. A request for a continuance filed within five business days of the hearing must be denied unless the reason for the request could not have been earlier ascertained.

"Good cause" includes: death or incapacitating illness of a party, representative, or attorney of a party; a court order requiring a continuance; lack of proper notice of the hearing; a substitution of the representative or attorney of a party if the substitution is shown to be required; a change in the parties or pleading requiring postponement; and agreement for a continuance by all parties, provided that it is shown that more time is clearly necessary to complete discovery or other mandatory preparation of the case and the parties and the hearing examiner have agreed to a new hearing date; or, the parties are engaged in serious settlement negotiations or have agreed to a settlement of the case which has been or will likely be approved by the final decision maker.

"Good cause" does not include: intentional delay; unavailability of counsel or other representative due to engagement in another judicial or administrative proceeding, unless all other members of the attorney's or representative's firm familiar with the case are similarly engaged, or the notice of the other proceeding was received subsequent to the notice of the hearing for which the continuance is sought; unavailability of a witness if the witness' testimony can be taken by deposition; and failure of the attorney or representative to properly utilize the notice period to prepare for the hearing.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.1900 Default

The commissioner or the hearing examiner may dispose of a revocation or suspension adverse to a party that defaults. Upon default, the allegations of or the issues set out in the notice of and order for hearing may be taken as true or deemed proved without further evidence. A default occurs when a party fails to appear at a hearing without the prior consent of the hearing examiner.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.2000 Rights and Responsibilities of Parties

Parties have the right to present evidence, rebuttal testimony, and argument with respect to the issues, and to cross-examine witnesses. A party must have all evidence that the party wishes to present at the hearing, both oral and written, available on the date for hearing.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.2100 Witnesses and Testimony

A party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing must be under oath or affirmation. At the request of a party or upon the hearing examiner's own motion, the hearing examiner shall exclude witnesses from the hearing room so that they cannot hear the testimony of other witnesses.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.2200 Burden of Proof

The party proposing that certain action be taken must prove the facts at issue by a preponderance of the evidence. A party asserting an affirmative defense has the burden of proving the existence of the defense by a preponderance of the evidence.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.2300 Hearing Record

The hearing examiner shall maintain the official record in each deputy registrar hearing until issuance of the hearing examiner's final report.

The record in a deputy registrar hearing must contain all evidence offered or considered; all documents, memoranda, or data submitted by any party in connection with the case; the audiomagnetic recording of the hearing; the transcript of the hearing, if one was prepared; and the hearing examiner's findings of fact, conclusions, and recommendations.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.2400 Hearing Examiner's Conduct

The hearing examiner shall not communicate, directly or indirectly, in connection with any issue of fact or law with any person or party, including the commissioner, concerning any pending case, except upon notice and opportunity for all parties to participate. The hearing examiner may respond to questions relating solely to procedures for the hearing without violating this part.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.2500 Hearing Examiner's Decision

No factual information or evidence that is not a part of the record may be considered by the hearing examiner in the determination of a deputy registrar hearing.

The decision and order rendered by the hearing examiner in a hearing must be in writing, must be based on the record, and must include the hearing examiner's findings of fact and conclusions on all material issues. A copy of the decision and order must be served upon each party or the party's representative.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784

Minn. R. 7406.2600 Appeal of Hearing Examiner's Decision

A person may appeal the hearing examiner's decision and order issued under part 7406.2500 and request a contested case hearing. The contested case hearing must be conducted according to Minnesota Statutes, chapter 14, and the rules of the Office of Administrative Hearings. The request for a contested case hearing must be submitted in writing to the commissioner within 15 days of the date of the hearing examiner's report. The request for a contested case hearing must set out in detail the reasons why the deputy registrar contends the decision of the hearing examiner should be reversed or modified.

If a contested case is requested, the commissioner shall send a copy of the order to all interested parties. The order must fix the time and place for the hearing. The hearing examiner's order must be stayed pending a final determination after the contested case hearing.

History

• Statutory Authority: MS s 14.06; 299A.01
• History: 20 SR 2784; 29 SR 97

Minn. R. 7406.2700 Indemnification

The deputy registrar and any agency or employee of the deputy registrar shall hold the commissioner harmless from any and all claims or causes of action against the deputy registrar or any employee or agent of the commissioner, including all attorney fees incurred, arising from performance or actions not in accordance with this chapter, Minnesota Statutes, or written instruction from the commissioner.

History

• Statutory Authority: MS s 14.06; 168.33; 299A.01
• History: 29 SR 97

Chapter 7407 BICYCLE REGISTRATION

Minn. R. 7407.0100 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.0200 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.0300 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.0400 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.0500 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.0600 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.0700 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.0800 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.0900 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.1000 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.1100 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.1200 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Minn. R. 7407.1300 [Repealed, L 2005 1Sp6 art 2 s 48]

[Repealed, L 2005 1Sp6 art 2 s 48]

Chapter 7408 ALCOHOL ASSESSMENT REIMBURSEMENT

Minn. R. 7408.0100 [Repealed, 22 SR 1103]

[Repealed, 22 SR 1103]

Minn. R. 7408.0200 [Repealed, 22 SR 1103]

[Repealed, 22 SR 1103]

Minn. R. 7408.0300 [Repealed, 22 SR 1103]

[Repealed, 22 SR 1103]

Chapter 7409 DRIVING PRIVILEGES; LOSS, REINSTATEMENT

Minn. R. 7409.0100 Definitions

Subpart 1. Scope.

For this chapter, the terms defined in this part have the meanings given them.

Subp. 1a. Cancellation.

"Cancellation" means the commissioner's rescission of a person's driver's license for which the person must meet the requirements of part 7409.4300 for reinstatement of the person's driver's license.

Subp. 1b. Certificate of insurance.

"Certificate of insurance" means a policy of vehicle liability insurance as required by Minnesota Statutes, section 65B.48, or a completed insurance certificate form from the authorized representative of the insurance carrier authorized to do business in the state stating that the vehicle will be covered by a plan of reparation security as required by Minnesota Statutes, section 65B.48, for one calendar year or that the operator will be covered by a plan of reparation security for a period of one year.

Subp. 2. Commercial motor vehicle.

"Commercial motor vehicle" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 22.

A commercial motor vehicle does not include:

A. a farm truck as defined in Minnesota Statutes, section 171.01, subdivision 33;

B. a fire truck or other emergency fire equipment; or

C. recreational equipment operated by a person within the scope of Minnesota Statutes, section 171.02, subdivision 2, paragraph (a).

Subp. 3. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Public Safety, acting directly or through authorized officers and agents.

Subp. 4. Conviction; convicted.

"Conviction" or "convicted" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 29.

Subp. 5. Department.

"Department" means the Minnesota Department of Public Safety.

Subp. 6. Disqualification; disqualify.

"Disqualification" or "disqualify" means the commissioner's removal of the privilege to drive commercial motor vehicles for a specific period under Minnesota Statutes, section 171.165.

Subp. 6a. Driver improvement clinic.

"Driver improvement clinic" has the meaning given in Minnesota Statutes, section 171.20, subdivision 3.

Subp. 7. License.

"License" means a driver's license or other license or permit to operate a motor vehicle issued or issuable by the commissioner including:

A. a temporary license, instruction permit, or provisional license;

B. the privilege of a person to drive a motor vehicle, whether or not that person holds a valid license; and

C. a nonresident's driving privilege.

Subp. 7a. Owner.

"Owner" has the meaning given in Minnesota Statutes, section 65B.43, subdivision 4.

Subp. 7b. Personal injury.

"Personal injury" means a class A, incapacitating injury, other than a fatal injury, that prevents the injured person from walking, driving, or normally continuing the activities the person was capable of performing before the injury occurred, such as a severe laceration; broken or distorted limb; skull, chest, or abdominal injury; an injury resulting in unconsciousness at or when taken from the accident scene, due to the injury, by medical personnel or law enforcement; or an injury resulting in the person being unable to leave the accident scene without assistance.

Subp. 7c. Plan of reparation security.

"Plan of reparation security" has the meaning given in Minnesota Statutes, section 65B.43, subdivision 15.

Subp. 7d. Proof of insurance.

"Proof of insurance" has the meaning given in Minnesota Statutes, section 169.791, subdivision 1.

Subp. 8. Revocation.

"Revocation" means the commissioner's rescission of a person's driver's license for a specific minimum period of time under Minnesota Statutes, section 169.792, 169.797, 171.165, or 171.17, for which the person must meet the requirements of part 7409.0600, 7409.3800, 7409.4000, or 7409.4100 for reinstatement of the person's driver's license.

Subp. 8a. Sufficient cause to believe.

"Sufficient cause to believe" means grounds put forth in good faith, which are not arbitrary, irrational, unreasonable, or irrelevant, and that make the proposition asserted more likely than not, provided the grounds are based on at least one of the following sources:

A. written information from an identified person;

B. facts or statements by the applicant or driver;

C. driver's license and accident records;

D. court documents and police records; or

E. facts of which the commissioner or a department employee has personal knowledge.

Subp. 9. Suspension.

"Suspension" means the commissioner's temporary removal of a person's driver's license under Minnesota Statutes, section 169.797, subdivision 4a, 171.09, or 171.18 for which the person must meet the requirements of part 7409.3900 or 7409.4200 for reinstatement of the person's driver's license.

Subp. 10. Withdrawal or withdrawn.

"Withdrawal" or "withdrawn" means the suspension, revocation, or cancellation of a person's driver's license.

Subp. 11. Withdrawal period.

"Withdrawal period" means the time after a license withdrawal during which the person's driving privilege has been withdrawn and has not been reinstated.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 171.165; 299A.01
• History: 15 SR 2406; 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.0150 Offense Period

For purposes of this chapter and the administration of the statutes referenced in this chapter, the commissioner shall use the date of the driving incident to establish the number of violations within a period of time.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 27 SR 466

Minn. R. 7409.0200 Commercial Driver's License Disqualification

Subpart 1. Leaving accident scene.

Upon receiving a record of conviction, the commissioner shall disqualify a person from holding a commercial driver's license if the person was convicted under Minnesota Statutes, section 169.09, subdivision 1 or 2, and the person was driving, operating, or in physical control of a commercial motor vehicle at the time of violation of section 169.09, subdivision 1 or 2. The disqualification period is:

A. one year, for the first conviction;

B. three years, if the person was transporting hazardous materials at the time of the violation; or

C. life, if the person has a previous disqualification under this subpart, subpart 2 or 3, or Minnesota Statutes, section 171.165, subdivision 1, clause (1), or subdivision 2.

Subp. 2. Felony, using commercial vehicle.

Upon receiving a record of conviction, the commissioner shall disqualify a person from holding a commercial driver's license if the person was convicted of a felony in which a commercial motor vehicle was used, other than a felony described in subpart 4. The disqualification period is:

A. one year, for the first conviction;

B. three years, if the person was transporting hazardous materials at the time of the commission of the felony; or

C. life, if the person has a previous disqualification under this subpart, subpart 1 or 3, or Minnesota Statutes, section 171.165, subdivision 1, clause (1), or subdivision 2.

Subp. 3. Out-of-state convictions.

Upon receiving a record of conviction from another state, the commissioner shall disqualify the convicted person from holding a commercial driver's license if the conviction would be grounds for disqualification under Minnesota Statutes, section 171.165, subdivision 1, clause (2) or (3). The disqualification is:

A. one year, for the first conviction;

B. three years, if the person was transporting hazardous materials at the time of the violation; or

C. life, if the person has a previous disqualification under this subpart, subpart 1 or 2, or Minnesota Statutes, section 171.165, subdivision 1, clause (1), or subdivision 2.

Subp. 4. Manufacture, sale, or distribution of controlled substance.

Upon receiving a record of conviction for an offense specified in Minnesota Statutes, section 171.165, subdivision 3, clause (3), the disqualification period is for life.

Subp. 5. Serious traffic violation.

Upon receiving a record of conviction for a serious traffic violation as described in Minnesota Statutes, section 171.165, subdivision 4, the commissioner shall disqualify a person from holding a commercial driver's license for the offenses and time specified in Minnesota Statutes, section 171.165, subdivision 4.

Subp. 6. Reduction of lifetime disqualification.

The commissioner shall reduce the lifetime disqualification period imposed under subpart 1, item C, subpart 2, item C, or subpart 3, item C, to a minimum of ten years disqualification if the person demonstrates rehabilitated driving practices in the ten-year period following the effective date of the lifetime disqualification. A person is considered rehabilitated if during that ten-year period there is no revocation or conviction resulting from the operation of any type of vehicle for an offense listed in Minnesota Statutes, section 171.165, subdivision 1, or if the person's license is not revoked under Minnesota Statutes, section 169A.52 or 169A.54, or a statute or ordinance from another state in conformity with it.

Subp. 7. Lifetime disqualification without reduction.

Following reinstatement of the commercial motor vehicle driving privileges under subpart 6, a person is subject to a lifetime disqualification, without reduction, if the person subsequently commits another disqualifying offense set forth in Minnesota Statutes, section 171.165, subdivision 1 or 2, or a statute of another state or ordinance in conformity with it, or any combination of those offenses.

Subp. 8. Grade crossing violations.

The commissioner shall disqualify a person from holding a commercial driver's license if the person is convicted of a railroad crossing violation as specified in U. S. Code of Federal Regulations, title 49, section 383.51. A driver is disqualified for:

A. 60 days if convicted of a first violation;

B. 120 days if, during any three-year period, the driver is convicted of a second violation in separate incidents; and

C. one year, if the driver is convicted of a third or subsequent violation in separate incidents in any three-year period.

Subp. 9. Out-of-service order violations.

The commissioner shall disqualify a person from holding a commercial driver's license on receipt of a conviction issued pursuant to U.S. Code of Federal Regulations, title 49, section 383.51, for violating an out-of-service order while driving a commercial motor vehicle. A driver is disqualified for:

A. 90 days for the first violation;

B. one year for the second violation in a separate incident within ten years; or

C. three years for the third or subsequent violation in a separate incident within ten years.

Subp. 10. Hazardous materials and passenger out-of-service order violations.

The commissioner shall disqualify a driver from holding a commercial driver's license if notified of a conviction of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, United States Code, title 49, chapter 51, or while operating a motor vehicle designed to transport more than 15 passengers, including the driver, for:

A. 180 days for the first violation; and

B. three years for any subsequent violation arising out of a separate incident within ten years.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 171.165; 299A.01
• History: 15 SR 2406; L 2000 c 478 art 2 s 7; 27 SR 466

Minn. R. 7409.0300 Notice of License Action

Subpart 1. Notice of possible disqualification.

The commissioner shall notify a person who is subject to possible disqualification under this chapter or when requirements from a previous disqualification have not been satisfied. The notification must be in writing and sent by first class mail to the address shown on department records. The notice must contain the following information and may contain other information that the commissioner considers appropriate:

A. the person's full name, date of birth, driver's license number, height, and weight;

B. the current address obtained from the person's driver's license record, including street number, city, state, and zip code;

C. the date the notice is mailed;

D. the effective date of the disqualification order;

E. the reason for the disqualification;

F. the type of vehicle being operated at the time of the driving incident;

G. the length of the disqualification period;

H. a statement that the person has a right to administrative review under Minnesota Statutes, section 171.166; and

I. the length of time during which administrative review is available under Minnesota Statutes, section 171.166.

Subp. 2. Notice of disqualification.

The commissioner shall notify a person who is disqualified under Minnesota Statutes, section 171.165, subdivision 1, clause (2), (3), or (4); subdivision 3; or subdivision 4, or when requirements from a previous disqualification have not been satisfied. The disqualification will be effective when all available possibilities of administrative review under Minnesota Statutes, section 171.166, have been completed. The notification must be in writing and sent by first class mail to the address shown on department records. The notice must contain the information specified in this subpart and may contain other information provided by the commissioner that the commissioner considers appropriate:

A. the person's full name, date of birth, height, weight, and driver's license number;

B. the current address obtained from the person's driver's license record, including street number, city, state, and zip code;

C. the date the notice is mailed;

D. the effective date of the disqualification order;

E. the reason for the disqualification;

F. the type of vehicle being operated at the time of the driving incident;

G. the length of the disqualification period; and

H. a statement informing the person of the requirements to reinstate the commercial driver's license.

Subp. 3. Notice to other states.

When a nonresident is convicted of driving incidents that occurred while driving, operating, or in physical control of a commercial motor vehicle, the commissioner shall report that conviction to the driver's state of residence.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 171.165; 299A.01
• History: 15 SR 2406; 27 SR 466

Minn. R. 7409.0400 Class D License Eligibility During Disqualification

Subpart 1.

[Repealed, 27 SR 466]

Subp. 2.

[Repealed, 27 SR 466]

Subp. 3. Class D eligibility.

A person who is disqualified from holding a commercial driver's license but whose license is not otherwise under suspension, revocation, or cancellation and denial, must be issued a class D license. The class D license is valid until its expiration date or until the commercial driver's license is reinstated, whichever is earlier, if the driver's privileges are not suspended, revoked, or canceled and denied at any time during that period. If the class D license expires during the disqualification period, the person has the option of paying the commercial driver's license fee at the time of renewal for the classification under disqualification, but commercial motor vehicle privileges must not be reinstated until the requirements of part 7409.0600 are fulfilled.

Subp. 4. Obtaining class D license.

A person who has been disqualified from operating commercial motor vehicles and is eligible for a class D license under subpart 3 must be issued a temporary class D license with the notice of disqualification. A paper license will be mailed by the department to the person at no cost. A person who would prefer a class D license card must apply for a duplicate class D license. The duplicate license fee must be paid and a receipt will be issued to the person showing the existence of class D driving privileges. The class D license card will be mailed to the person when it has been manufactured. A minimum of 90 days must be remaining in the disqualification period before a class D license card will be issued.

Subp. 5. Class A, B, or C license status.

The commissioner shall issue to the disqualified person the original class A, B, or C license when the person has fulfilled the reinstatement requirements under parts 7409.0600, and 7410.4000 to 7410.5600.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 171.165; 299A.01
• History: 15 SR 2406; 21 SR 458; 27 SR 466

Minn. R. 7409.0500 [Repealed, 27 SR 466]

[Repealed, 27 SR 466]

Minn. R. 7409.0600 Reinstatement

Subpart 1. Reinstatement following disqualification.

The commissioner shall reinstate the commercial motor vehicle driving privileges of a person who has been disqualified from holding a commercial driver's license when:

A. the disqualification period has been served and expired;

B. the person has paid the reinstatement fee as required by Minnesota Statutes;

C. the requirements imposed during this or a previous disqualification period have been satisfied; and

D. if issued, the class D license card is returned to the department.

Subp. 2. Reinstatement notice.

After the person completes the requirements for reinstatement, the department shall notify the person of reinstatement.

History

• Statutory Authority: MS s 171.165
• History: 15 SR 2406; 21 SR 458

Minn. R. 7409.1000 Vehicular Homicide or Injury; Manslaughter

The commissioner shall revoke the driver's license of a person upon receiving a record of conviction, for a period of:

A. 15 years, if the person is convicted under Minnesota Statutes, section 609.20, manslaughter in the first degree, resulting from the operation of a motor vehicle;

B. ten years, if the person is convicted under:

C. five years, if the person is convicted under Minnesota Statutes, section 609.2113, subdivision 1; or 609.2114, subdivision 2;

D. three years, if the person is convicted under Minnesota Statutes, section 609.2113, subdivision 2; or

E. one year, if the person is convicted under Minnesota Statutes, section 609.2113, subdivision 3.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.1100 Revocation; Fleeing in Motor Vehicle from Peace Officer

The commissioner shall revoke the driver's license of a person upon receiving a record of conviction under Minnesota Statutes, section 609.487, subdivision 3 or 4, or an ordinance in conformity with those subdivisions pertaining to use of a motor vehicle to flee a peace officer as specified in Minnesota Statutes, section 171.174. The commissioner shall revoke for:

A. one year for the first offense under Minnesota Statutes, section 609.487, subdivision 3;

B. three years for the second offense under Minnesota Statutes, section 609.487, subdivision 3;

C. ten years for an offense under Minnesota Statutes, section 609.487, subdivision 4, paragraph (a);

D. seven years for an offense under Minnesota Statutes, section 609.487, subdivision 4, paragraph (b); and

E. five years for an offense under Minnesota Statutes, section 609.487, subdivision 4, paragraph (c).

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 23 SR 1932; 27 SR 466

Minn. R. 7409.1200 Felony with Motor Vehicle

The commissioner shall revoke the driver's license of a person for a period of one year upon receiving a record of conviction of a felony in the commission of which a motor vehicle was used, other than felony manslaughter with a motor vehicle under Minnesota Statutes, sections 609.20 and 609.205; criminal vehicular homicide and injury under Minnesota Statutes, sections 609.2112, 609.2113, and 609.2114, or Minnesota Statutes 2012, section 609.21; or fleeing a peace officer in a motor vehicle under Minnesota Statutes, section 609.487.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466; L 2014 c 180 s 9

Minn. R. 7409.1300 Leaving Scene of Accident

The commissioner shall revoke the driver's license of a person upon receiving a record of conviction under Minnesota Statutes, section 169.09, for failure to stop and disclose identity and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another, for a period of:

A. 180 days, if the accident upon which the conviction is based resulted in personal injury to another person; or

B. one year, if the accident upon which the conviction is based resulted in the death of another person.

History

• Statutory Authority: MS s 14.06; 169.795; 169.798
• History: 16 SR 1177; L 1992 c 571 art 14 s 13

Minn. R. 7409.1400 Perjury, False Affidavit or Statement

The commissioner shall revoke the driver's license of a person for a period of 180 days, upon receiving a record of conviction for perjury or the making of a false affidavit or statement to the department under any law relating to the ownership or operation of a motor vehicle.

History

• Statutory Authority: MS s 14.06; 169.795; 169.798
• History: 16 SR 1177; L 1992 c 571 art 14 s 13

Minn. R. 7409.1500 One or More Misdemeanor, Gross Misdemeanor Offenses

Subpart 1. Offenses within 12-month period.

Except for the school bus offenses specified in subparts 2, 3, and 4, the commissioner shall revoke the driver's license of a person upon receiving a record of a certified misdemeanor or gross misdemeanor conviction under Minnesota Statutes, chapter 169, for a period of:

A. 30 days, if the person has been convicted of three misdemeanor or gross misdemeanor offenses under Minnesota Statutes, chapter 169, occurring within a 12-month period;

B. 90 days, if the person has been convicted of four misdemeanor or gross misdemeanor offenses under Minnesota Statutes, chapter 169, occurring within a 12-month period; or

C. one year, if the person has been convicted of five or more misdemeanor or gross misdemeanor offenses under Minnesota Statutes, chapter 169, occurring within a 12-month period.

Subp. 2. Revocation for school bus-related misdemeanors.

The commissioner shall revoke the driver's license of a person upon receiving a record of a conviction for a school bus-related misdemeanor under Minnesota Statutes, section 171.17, subdivision 1, paragraph (a), clause (7), or 169.444, subdivision 2, paragraph (a), for:

A. 30 days for the second offense within five years;

B. 90 days for the third offense within five years;

C. 180 days for the fourth offense within five years; and

D. one year for the fifth and subsequent offense within five years.

Subp. 3. Revocation for school bus-related gross misdemeanors.

The commissioner shall revoke the driver's license of a person upon receiving a record of a conviction for a school bus-related gross misdemeanor under Minnesota Statutes, section 171.17, subdivision 1, paragraph (a), clause (8), or 169.444, subdivision 2, paragraph (b), for:

A. 90 days for the first offense on the driver's record;

B. 180 days for the second offense on the driver's record; and

C. one year for the third and subsequent offense on the driver's record.

Subp. 4. Revocation of school bus endorsement.

Pursuant to Minnesota Statutes, section 171.17, subdivision 1, paragraph (b), the commissioner shall revoke the school bus endorsement of a person to drive a school bus upon receipt of a record of a conviction under Minnesota Statutes, section 169.443, for:

A. 90 days for the first offense on the driver's record; and

B. one year for the second or any subsequent offense on the driver's record.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.1600 Insurance-Related Offenses

Subpart 1. Failure to maintain insurance.

The commissioner shall revoke the driver's license of a person upon receiving a record of conviction under Minnesota Statutes, section 169.797, for operating an uninsured vehicle, for a period of:

A. 30 days, if the person has no other convictions under Minnesota Statutes, section 169.797, within a five-year period;

B. 90 days, if the person has been convicted two times under Minnesota Statutes, section 169.797, within a five-year period;

C. 180 days, if the person has been convicted three times under Minnesota Statutes, section 169.797, within a five-year period; or

D. one year, if the person has been convicted four or more times under Minnesota Statutes, section 169.797, within a five-year period.

Subp. 2. Failure to produce proof of insurance.

The commissioner shall revoke the driver's license of a person who fails to produce proof of insurance under Minnesota Statutes, section 169.791 or 169.792. The revocation period is:

A. 30 days or until the person files proof of insurance held at the time of the incident if the person has no other violations of Minnesota Statutes, section 169.791, 169.792, or 169.797, within five years;

B. 90 days or until the person files proof of insurance held at the time of the most recent incident if the person has two violations of any combination of Minnesota Statutes, section 169.791, 169.792, or 169.797, within five years;

C. 180 days or until the person files proof of insurance held at the time of the most recent incident if the person has three violations of any combination of Minnesota Statutes, section 169.791, 169.792, or 169.797, within five years; and

D. one year or until the person files proof of insurance held at the time of the most recent incident if the person has four or more violations of any combination of Minnesota Statutes, section 169.791, 169.792, or 169.797, within a five-year period.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.2000 Criminal Vehicular Homicide and Injury; Manslaughter; Fleeing from Peace Officer

Subpart 1. Suspension for criminal charge.

The commissioner shall suspend for one year the driver's license of a person upon receiving a record of a criminal charge arising out of the operation of a motor vehicle for:

A. criminal vehicular homicide and injury;

B. manslaughter; or

C. fleeing a peace officer.

Subp. 2. Dismissal or acquittal.

If the commissioner receives notice that the criminal charge was dismissed or that the person was acquitted of the criminal charge, the commissioner shall terminate the suspension period.

Subp. 3. Converted to revocation.

If the person is later convicted of criminal vehicular homicide and injury, manslaughter, or fleeing a peace officer, the commissioner shall convert the suspension to a revocation. Time accrued under the suspension period must be credited toward the revocation period imposed upon conviction of criminal vehicular homicide and injury, manslaughter, or fleeing a peace officer.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.2100 Violation Resulting in Fatality or Personal Injury

The commissioner shall suspend the driver's license of a person upon receiving a record of conviction, other than a petty misdemeanor, under Minnesota Statutes, chapter 169, or an ordinance regulating traffic, except traffic laws specifically excluded from the driving record by statute, and department records show that the violation contributed in causing an accident resulting in the death or personal injury of another. Unless otherwise recommended by the court, the driver's license must be suspended for a period of:

A. 90 days, if the violation upon which the conviction was based resulted in the personal injury of another person; or

B. 180 days, if the violation upon which the conviction was based resulted in the death of another person.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.2200 Habitual Violators

Subpart 1. In general.

The commissioner shall suspend the driver's license of a person upon receiving a record of conviction for a violation of a traffic law under Minnesota Statutes, chapter 169 or 171, or other statutes regulating the operation of motor vehicles on streets or highways, except traffic laws specifically excluded from the driving record by statute. The driver's license must be suspended for a period of:

A. 30 days, if the commissioner has previously sent a violation warning letter to the person and the person is convicted of:

B. 90 days, if the person is convicted of:

C. 180 days, if the person is convicted of seven traffic offenses within a 24-month period; or

D. one year, if the person is convicted of eight or more traffic offenses within a 24-month period. The commissioner shall send a warning letter or conduct a preliminary hearing under part 7409.4500 if the person is convicted of two misdemeanors or convicted of three or more traffic offenses, under this subpart, occurring within a 24-month period. The warning letter must be sent by first class mail to the person's last known address or to the address listed on the person's driver's license, informing the person of the number and type of traffic violations on the person's driving record and the consequences of additional traffic violations.

Subp. 2. License, permit, and endorsement violations.

The commissioner shall suspend the driver's license of a person for a period of 30 days upon receiving a record of conviction of two or more violations of Minnesota Statutes, section 169.974, subdivision 2; 171.02; 171.05; or 171.321.

Subp. 3. Limited license violations.

The commissioner shall suspend the driver's license of a person upon receiving a record of conviction for violating a condition or limitation of a limited license under Minnesota Statutes, section 171.30, for a period of:

A. 30 days, if the person has no other convictions under that section within a five-year period;

B. 90 days, if the person has been convicted two times under that section within a five-year period;

C. 180 days, if the person has been convicted three times under that section within a five-year period; or

D. one year, if the person has been convicted four or more times under that section within a five-year period.

Subp. 4. Driving after withdrawal.

The commissioner shall suspend the driver's license of a person upon receiving a record of conviction under Minnesota Statutes, section 171.24. The driver's license must be suspended for a period of:

A. 30 days, if the person has no other incidents of driving after withdrawal within a five-year period;

B. 90 days, if the person has two incidents of driving after withdrawal within a five-year period;

C. 180 days, if the person has three violations of driving after withdrawal within a five-year period; or

D. one year, if the person has four or more violations of driving after withdrawal within a five-year period.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.2250 Suspension for School Bus Violations

The commissioner shall suspend the driver's license of a person on receipt of a second conviction within five years of a prior conviction under Minnesota Statutes, section 169.444, subdivision 2, paragraph (a), or 171.18, subdivision 1, clause (8), for:

A. 30 days for the second offense within five years;

B. 90 days for the third offense within five years; and

C. one year for the fourth or any subsequent offense within five years.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 27 SR 466

Minn. R. 7409.2300 Misuse of License

Except as otherwise provided in Minnesota Statutes, section 171.171, the commissioner shall suspend the driver's license of a person upon receiving a record of conviction under Minnesota Statutes, section 171.22, for a period of:

A. 90 days, if the person has no other convictions under that section within a five-year period; or

B. 180 days if the person has been convicted two or more times under that section within a five-year period.

History

• Statutory Authority: MS s 14.06; 169.795; 169.798
• History: 16 SR 1177; L 1992 c 571 art 14 s 13

Minn. R. 7409.2400 Failure to Maintain Insurance

Subpart 1. Authority; suspension periods.

Under Minnesota Statutes, section 169.797, subdivision 4a, the commissioner shall suspend the driver's license of an operator upon a showing by department records, including accident reports or other sufficient evidence, that a plan of reparation security had not been provided and maintained at the time of the incident. The driver's license must be suspended for a period of:

A. 30 days, if the operator's driver's license has not been withdrawn under Minnesota Statutes, section 169.797, within a five-year period;

B. 90 days, if the operator's driver's license has been withdrawn once under Minnesota Statutes, section 169.797, within a five-year period;

C. 180 days, if the operator's driver's license has been withdrawn twice under Minnesota Statutes, section 169.797, within a five-year period; or

D. one year, if the operator's driver's license has been withdrawn three or more times under Minnesota Statutes, section 169.797, within a five-year period.

Subp. 2. Converted to revocation.

If a person is later convicted under Minnesota Statutes, section 169.797, subdivision 4, paragraph (b), for the same offense, then the commissioner shall convert the suspension imposed under this part to a revocation under part 7409.1600, subpart 1.

Subp. 3.

[Repealed, 27 SR 466]

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.2800 Cancellation; Grounds

The commissioner shall cancel the driver's license of a person on determining that the person:

A. was not entitled to be issued a driver's license;

B. has failed to give the required or correct information in the application for a driver's license;

C. has committed a fraud or deceit in applying for a driver's license;

D. at the time of cancellation, would not have been entitled to receive a license under Minnesota Statutes, section 171.04;

E. has failed to submit to an examination under Minnesota Statutes, section 171.13; or

F. has a visual acuity of 20/80 or greater and the person is convicted of a traffic violation or is involved in a motor vehicle accident in which the commissioner determines the person was at fault.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.3000 Multiple License Withdrawals

Subpart 1. Concurrent withdrawals.

When a person is subject to more than one withdrawal period under this chapter, the withdrawal periods run concurrently with all other withdrawals under this chapter and chapter 7503, except as otherwise provided in this part.

Subp. 2.

[Repealed, 27 SR 466]

Subp. 3.

[Repealed, 27 SR 466]

Subp. 4.

[Repealed, 27 SR 466]

Subp. 5. Court order.

Withdrawal periods imposed by a court order run concurrently with other withdrawal periods imposed under this chapter, unless otherwise ordered by the court.

Subp. 6. Total suspension period.

The total suspension period must not exceed one year unless otherwise recommended by a court.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.3100 [Repealed, 27 SR 466]

[Repealed, 27 SR 466]

Minn. R. 7409.3200 [Repealed, 27 SR 466]

[Repealed, 27 SR 466]

Minn. R. 7409.3400 [Repealed, 27 SR 466]

[Repealed, 27 SR 466]

Minn. R. 7409.3600 Limited License

Subpart 1. General procedures for obtaining limited license.

In accordance with part 7503.1800, except as specified in subparts 2 and 3 of this part, the commissioner shall issue a limited license following a revocation under Minnesota Statutes, section 169.792, 169.797, or 171.17, or suspension under Minnesota Statutes, section 171.18, only when the person has met the conditions specified in this part:

A. The person must demonstrate a need and meet the requirements for a limited license under Minnesota Statutes, section 171.30.

B. The person must pay the reinstatement fee required by statute.

C. If the person's driver's license was revoked, the person must apply for a new license, pay the application fee for the class of license involved, and pass the examination and tests required under parts 7410.4000 to 7410.5600, and Minnesota Statutes, section 171.13.

D. One-half of the revocation or suspension period must be expired if the person has had a limited license within the previous 24 months, except that this requirement does not apply to a program participant under Minnesota Statutes, section 171.306, subdivision 1, paragraph (c), who is subject to part 7503.1800, subpart 4d.

E. The person must request a limited license by written correspondence, facsimile, or email, by personal appearance at the department, or by telephone.

F. The person must have fulfilled all outstanding requirements for all other driver's license withdrawals.

Subp. 2. No limited class D license issuance.

The commissioner shall not issue a limited class D driver's license:

A. if the license is suspended for criminal vehicular homicide, manslaughter with a motor vehicle, or fleeing a peace officer with a motor vehicle under part 7409.2000;

B. to operate a class A school bus, child care bus, Head Start bus, or activity bus as described in Minnesota Statutes, section 169.011; or

C. to operate a special transportation service vehicle as described in Minnesota Statutes, section 221.012, subdivision 38, or 473.386.

Subp. 3. No limited commercial license following disqualification.

The commissioner shall not issue a limited class A, B, or C commercial driver's license during the period the individual is disqualified from holding a class A, B, or C commercial driver's license.

Subp. 4. Hour and day limitations.

A. The commissioner shall not issue a limited driver's license that would allow a person to potentially operate a motor vehicle for more than 60 hours per week and six days a week.

B. Except for the driving time for chemical dependency treatment specified in subpart 5, the potential driving time must fall within the total hours and day limits specified in item A.

C. "Livelihood" as the term is used in Minnesota Statutes, section 171.30, means gainful employment for wages or salary.

Subp. 5. Chemical dependency treatment or counseling.

A. Upon request of the driver, the commissioner shall issue a limited driver's license for a person to:

B. Counseling must be provided by a program described in item A.

C. Driving time to attend the support group in item A, subitem (2), is authorized for no more than three times a week, or as otherwise ordered by a court.

Subp. 6. Homemaker educational needs.

Upon request of the driver, the commissioner shall issue a limited driver's license to transport any dependent to child care or to an elementary or secondary school to attend classes for graduation if:

A. the driver demonstrates that lack of driving privileges would substantially disrupt the dependent's education; and

B. the driver is the individual primarily responsible for providing the transportation to school or child care.

Subp. 7. Homemaker medical needs.

Upon request of the driver, the commissioner shall issue a limited driver's license to take a dependent under the age of 18 or other dependent living in the homemaker's household to a medical or dental appointment or to obtain medical supplies for the dependent if:

A. the driver demonstrates that lack of driving privileges would substantially disrupt a dependent's medical needs; and

B. the driver is the individual primarily responsible for providing the transportation for medical needs.

Subp. 8. Homemaker nutritional needs.

Upon request of the driver, the commissioner shall issue a limited driver's license to obtain food for any and all dependents within the household for a three-hour period no more than once a week if:

A. the driver demonstrates that lack of driving privileges would substantially disrupt a dependent's nutritional needs; and

B. the driver is the individual primarily responsible for providing the transportation for nutritional needs.

Subp. 9. Out-of-state license holder.

Upon application for a Minnesota limited driver's license by a person with a state license other than one issued by Minnesota, the commissioner may issue a limited license in Minnesota if:

A. the out-of-state license is valid and the applicant is in possession of a driver's license card;

B. the applicant submits a certified copy of the applicant's driving record in all states of current and previous licensure so the commissioner can determine whether to issue a limited license; and

C. the commissioner determines that the provisions of this part and Minnesota Statutes, section 171.30, are met.

Subp. 10. Ignition interlock device program needs.

Upon the request of a driver who chooses to have an ignition interlock device installed on a vehicle, the commissioner shall issue a limited license for the person to drive to a local service provider for periodic device calibration and maintenance.

History

• Statutory Authority: MS s 14.06; 14.388; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466; 35 SR 2019

Minn. R. 7409.3700 [Repealed, L 2000 c 478 art 2 s 8]

[Repealed, L 2000 c 478 art 2 s 8]

Minn. R. 7409.3710 [Repealed, L 2000 c 478 art 2 s 8]

[Repealed, L 2000 c 478 art 2 s 8]

Minn. R. 7409.3720 [Repealed, L 2000 c 478 art 2 s 8]

[Repealed, L 2000 c 478 art 2 s 8]

Minn. R. 7409.3730 [Repealed, L 2000 c 478 art 2 s 8]

[Repealed, L 2000 c 478 art 2 s 8]

Minn. R. 7409.3740 [Repealed, L 2000 c 478 art 2 s 8]

[Repealed, L 2000 c 478 art 2 s 8]

Minn. R. 7409.3750 [Repealed, L 2000 c 478 art 2 s 8]

[Repealed, L 2000 c 478 art 2 s 8]

Minn. R. 7409.3760 [Repealed, L 2000 c 478 art 2 s 8]

[Repealed, L 2000 c 478 art 2 s 8]

Minn. R. 7409.3770 [Repealed, L 2000 c 478 art 2 s 8]

[Repealed, L 2000 c 478 art 2 s 8]

Minn. R. 7409.3800 Reinstatement After Insurance-Related Revocation

The commissioner shall reinstate the driver's license of a person whose license has been revoked under Minnesota Statutes, section 169.797, subdivision 4, paragraph (b), when the operator has met the reinstatement conditions listed under part 7409.4100 and the operator files with the commissioner:

A. if the operator is also the owner of the vehicle involved in the incident, a certificate of insurance for:

B. if the operator is not the owner of the vehicle involved in the incident, a certificate of insurance for the vehicle owned and currently being operated; or

C. if the operator is not the owner of the vehicle involved in the incident and the operator does not own a vehicle, a certificate of insurance for a nonowner operator policy or a certificate of insurance verifying the operator is a named insured.

History

• Statutory Authority: MS s 14.06; 169.795; 169.798
• History: 16 SR 1177; L 1992 c 571 art 14 s 13

Minn. R. 7409.3900 Reinstatement After Insurance-Related Suspension

The commissioner shall reinstate the driver's license of a person whose license has been suspended under Minnesota Statutes, section 169.797, subdivision 4a, when the operator has met the reinstatement conditions listed under part 7409.4200 and:

A. if the person's driver's license has not been withdrawn under Minnesota Statutes, section 169.797, within a five-year period, the operator provides the commissioner with verifiable insurance information, including the name of the insurance company, the insurance policy number, and the name of the policyholder for:

B. if the person's driver's license has been withdrawn two or more times under Minnesota Statutes, section 169.797, within a five-year period, the operator provides the commissioner with a certificate of insurance for:

History

• Statutory Authority: MS s 14.06; 169.795; 169.798
• History: 16 SR 1177; L 1992 c 571 art 14 s 13

Minn. R. 7409.4000 Reinstatement After Insurance-Related Revocation; 169.792

The commissioner shall reinstate the driver's license of a person whose license has been revoked under Minnesota Statutes, section 169.792, when the driver has met the reinstatement requirements under part 7409.4100, items A to D, and the driver or owner files with the commissioner:

A. if the driver is also the owner of the vehicle involved in the incident, proof of insurance for:

B. if the driver is not the owner of the vehicle involved in the incident, proof of insurance for a vehicle owned and currently being operated by the driver; or

C. if the driver is not the owner of the vehicle involved in the incident and the driver does not own a vehicle, proof of insurance for a nonowner operator policy or proof of insurance verifying that the person is a named insured.

History

• Statutory Authority: MS s 14.06; 169.795; 169.798
• History: 16 SR 1177; L 1992 c 571 art 14 s 13

Minn. R. 7409.4100 Reinstatement After Revocation, Generally

Except as provided in parts 7409.3800 and 7409.4000, the commissioner shall reinstate the driver's license of a person whose license is revoked when the conditions specified in this part are met:

A. the revocation period has expired;

B. no withdrawal of the person's driver's license is outstanding;

C. the person has paid the reinstatement fee required at the time of payment by Minnesota Statutes, section 171.29; and

D. the person has applied for a new license, paid the application fee for the class of license involved, and passed the driver's license examination and tests required by parts 7410.4000 to 7410.5600, and Minnesota Statutes, section 171.13. The notice of reinstatement must be issued by the commissioner before reinstatement of the subject's driver's license occurs.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.4200 Reinstatement After Suspension, Generally

Except as provided in part 7409.3900, the commissioner shall reinstate the driver's license of a person whose driver's license is suspended when the conditions specified in this part are met:

A. the suspension period has expired or the person has satisfied the requirements of suspension;

B. no withdrawal of the person's driver's license is outstanding;

C. the person has paid the suspension reinstatement fee required at the time of payment by Minnesota Statutes, section 171.20; and

D. the notice of reinstatement has been issued by the commissioner.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.4250 Reinstatement of Nonresident Driving Privileges

When an applicant who resides in another state applies for or has an out-of-state driver's license, and the applicant's driving privilege is under revocation or suspension in Minnesota, the applicant must comply with the requirements for reinstatement of driving privileges as specified in part 7409.4100, items A, B, and C or 7409.4200, items A, B, and C. The commissioner shall not waive the fees for reinstatement of the license as specified in Minnesota Statutes, sections 171.20 and 171.29.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 27 SR 466

Minn. R. 7409.4300 Reinstatement After Cancellation

The commissioner shall reinstate the driver's license of a person whose license is canceled when the conditions specified in this part are met:

A. no withdrawal of the person's license is outstanding;

B. the conditions with respect to the cancellation have been met; and

C. the person is otherwise eligible for a driver's license under Minnesota Statutes. The notice of reinstatement must be issued by the commissioner before reinstatement of the subject's driver's license occurs.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.4350 When Reinstatement Is Effective

When a person's driving privileges have been withdrawn, the commissioner shall reinstate them at a time and date when the commissioner determines that the reinstatement requirements have been met.

A. Reinstatement is effective on the date and time specified in the notice of reinstatement issued by the commissioner.

B. The commissioner shall issue the notice of reinstatement by first class mail to the person subject to reinstatement.

C. The subject's driving record must reflect reinstatement at the time and date the notice of reinstatement is issued.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 27 SR 466

Minn. R. 7409.4500 Preliminary Hearing

Subpart 1. Preliminary hearing required.

A person must attend a preliminary hearing when the commissioner has sufficient cause to believe the person:

A. has committed a violation under Minnesota Statutes, section 171.22, for an unlawful or fraudulent act regarding a driver's license or Minnesota identification card;

B. has committed a second violation under Minnesota Statutes, section 171.09, except for total abstinence restrictions, for a violation of a restriction imposed on the person's driver's license; or

C. was not previously sent a warning letter under part 7409.2200, subpart 1, and is convicted of:

Subp. 2. Scope of review.

The commissioner shall review the evidence upon which the preliminary hearing was based, and any other material information brought to the attention of the commissioner.

The commissioner may seek additional information from the person undergoing the preliminary hearing or from an agency or person believed to have information relating to the facts underlying the preliminary hearing. The person required to undergo a preliminary hearing may present additional information to the commissioner at the hearing.

Subp. 3. Suspension period.

If, after reviewing the evidence presented at the preliminary hearing, the commissioner has sufficient cause to believe that the person has committed an offense listed in:

A. subpart 1, item A or B, the commissioner shall suspend the driver's license or driving privilege for 30 days; or

B. subpart 1, item C, the commissioner shall suspend the driver's license of the person for 30 days or in accordance with the number of traffic convictions accumulated, as set forth in part 7409.2200, subpart 1, unless the person agrees to enter into a driver improvement agreement, as set forth in part 7409.4700, subpart 2.

Subp. 4. Failure to attend preliminary hearing.

The commissioner shall:

A. cancel the driver's license or driving privilege of a person who fails to attend a preliminary hearing under subpart 1, item A or B, which remains in effect until the preliminary hearing has been held; or

B. suspend the driver's license of a person who fails to attend a preliminary hearing under subpart 1, item C, for 30 days or in accordance with the number of traffic convictions accumulated, as set forth in part 7409.2200, subpart 1.

Subp. 5. Notice of preliminary hearing.

The commissioner shall send a notice to the person who is required to attend a preliminary hearing by first class mail to the person's last known address or to the address listed on the person's driver's license informing the person:

A. the reason for the preliminary hearing;

B. of the time, date, and place of the hearing and, if necessary, instructions to reschedule the hearing; and

C. that failure to attend the hearing will result in suspension of the person's driver's license.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.4600 Administrative Hearing or Review

Subpart 1. Right to hearing or review.

The commissioner shall grant an administrative hearing to a person whose driver's license has been withdrawn or is subject to withdrawal.

Subp. 2. Procedure for requesting hearing.

A hearing is initiated by submitting a written request for review to the department. The hearing may be held by written correspondence or by a personal appearance. The person requesting the review must inform the department of the person's full name, date of birth, driver's license number, the date of the incident for which review is being requested, and provide a written statement of the factual basis for which the person seeks to have the department's action rescinded.

Subp. 3. Scope of review or hearing.

On receiving a request for a review or hearing, the commissioner shall review the order, the evidence upon which the order was based, and any other material information brought to the attention of the commissioner to determine whether sufficient cause exists to sustain the order.

The commissioner may seek additional information from the person requesting the review or hearing or from an agency or person believed to have information relating to the facts underlying the order of withdrawal. The person requesting the review or hearing may present additional information to the commissioner at the hearing.

Subp. 4. Decision.

Upon reviewing the evidence, the commissioner shall sustain the withdrawal order if there is sufficient cause to believe that the withdrawal is authorized by law or rule.

A. If the commissioner finds that there is not sufficient cause to believe the withdrawal order is authorized by law or rule, the order must be rescinded.

B. The commissioner shall give a prompt decision to the person by first class mail within 15 days after the commissioner receives a completed request.

C. The review is final and no subsequent administrative review shall be granted.

Subp. 5.

[Repealed, 27 SR 466]

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Minn. R. 7409.4700 Waiver and Variances

Subpart 1. Waiver.

The commissioner may waive department action on the person's driver's license if:

A. the person's driver's license has been suspended under Minnesota Statutes, section 171.09 or 171.18;

B. after reviewing the person's entire driving record, the commissioner has sufficient cause to believe that the person will improve the person's driving conduct or has demonstrated improved driving conduct; and

C. the person agrees to enter into a driver improvement agreement with the commissioner.

Subp. 2.

[Repealed, L 2014 c 255 s 21]

Subp. 3. Variances.

Unless otherwise specifically provided for in this chapter, the provisions of this chapter are not subject to variance under another rule or statute.

History

• Statutory Authority: MS s 14.06; 169.792; 169.795; 169.798; 299A.01
• History: 27 SR 466; L 2014 c 255 s 21

Chapter 7410 DRIVER INFORMATION, LICENSING, AND TESTING

Minn. R. 7410.0100 Definitions

Subpart 1. Scope.

For the purposes of parts 7410.0100 to 7410.0600, the following terms have the meanings given them.

Subp. 1a. Commissioner.

"Commissioner" means the commissioner of public safety of the state of Minnesota acting directly through its duly authorized officers and agents.

Subp. 1b. Department.

"Department" means the Minnesota Department of Public Safety, Driver and Vehicle Services Division, and includes those persons appointed as deputy registrars and agents of the department.

Subp. 2. Driver's license and vehicle records.

"Driver's license and vehicle records" includes all applications for:

A. drivers' licenses;

B. instruction permits;

C. Minnesota identification cards;

D. motorized bicycle operator permits; and

E. vehicle certificates of title and vehicle registration.

Subp. 2a. Enhanced driver's license or EDL.

"Enhanced driver's license" or "EDL" has the meaning given in Minnesota Statutes, section 171.01, subdivision 31a.

Subp. 2b. Enhanced identification card or EID.

"Enhanced identification card" or "EID" has the meaning given in Minnesota Statutes, section 171.01, subdivision 31b.

Subp. 3. Full name.

"Full name" means:

A. for drivers' licenses, permits, identification cards, and vehicle certificates of title and registration by an owner who is an individual, an individual's first name, one or more middle names if listed on the primary document, and one or more last names as they appear on a primary document; and

B. for vehicle certificates of title and registration by an owner that is an entity or organization other than an individual, the full name of the sole proprietorship, unincorporated association, partnership, limited partnership, limited liability partnership, corporation, limited liability company, cooperative, business trust, or other private or governmental organization, which is that name attested to by the applicant and either:

Subp. 4. First name.

"First name" means the name that appears first in an individual's full name or is the individual's first given name.

Subp. 4a. Identification card.

"Identification card" means the card issued by the department under Minnesota Statutes, section 171.07, subdivision 3, to provide identification. An identification card does not provide for any driving privileges.

Subp. 4b. Last name.

"Last name" means the final name or surname on a primary document. When the final two names are connected with a hyphen, it is both names connected by the hyphen.

Subp. 5. Middle name.

"Middle name" means:

A. the name or names between an individual's first name and last name; or

B. pursuant to Minnesota Statutes, section 171.06, subdivision 3a, the applicant's last name before marriage.

Subp. 6.

[Repealed, 23 SR 832]

Subp. 7. Owner.

"Owner" has the meaning given in Minnesota Statutes:

A. section 168.002, subdivision 28, for purposes of vehicle registration, taxation, and sale; and

B. section 168A.01, subdivision 13, for purposes of vehicle certificates of title.

Subp. 8. Permit.

"Permit" means:

A. an instruction permit issued under Minnesota Statutes, section 171.05; or

B. a motorized bicycle permit issued under Minnesota Statutes, sections 171.02, subdivision 3, and 171.05, subdivision 3.

Subp. 9. Person.

"Person" has the meaning given in Minnesota Statutes:

A. section 171.01, subdivision 45, with respect to vehicle registration; and

B. section 168A.01, subdivision 14, with respect to vehicle titles.

Subp. 10. Primary document.

"Primary document" means a document listed in part 7410.0400, subpart 2, containing an individual's full name and date of birth and verifiable with the issuing entity.

Subp. 10a. Primary driving supervisor.

"Primary driving supervisor" has the meaning given in Minnesota Statutes, section 171.01, subdivision 45a.

Subp. 10b. Professional license.

"Professional license" means any requirement by law to be licensed or registered by the state to carry on or practice a trade, employment, occupation, or profession within the state and any requirement by law to renew the license or certificate of registration at stated intervals and to pay a fee for such renewal on or before a specified date or be subject to revocation of the license or certificate or other penalties.

Subp. 11. Registration.

"Registration" means the issuance of vehicle license plates and tabs according to Minnesota Statutes, chapter 168.

Subp. 12. Residence address and permanent mailing address.

For purposes of drivers' licenses, enhanced drivers' licenses, permits, identification cards, and enhanced identification cards, "residence address" and "permanent mailing address" mean the postal address of the permanent domicile within this state where an individual:

A. resides;

B. intends to reside within 30 calendar days after the date of application; or

C. intends to return whenever absent.

Subp. 13. Secondary document.

"Secondary document" means a document listed in part 7410.0400, subpart 3.

Subp. 14. Title.

"Title" means the certificate of title issued by the Minnesota Department of Public Safety under Minnesota Statutes, chapter 168A.

Subp. 14a. Utility services.

"Utility services" includes landline telephone, mobile phone, electric light, gas or delivered fuel, garbage collection, or water for which a person receives an invoice for service on a recurring basis.

Subp. 15. Vehicle.

"Vehicle" has the meaning given in Minnesota Statutes, section 168A.01, subdivision 24.

History

• Statutory Authority: MS s 14.06; 14.131 to 14.20; 14.386; 168.10; 168.105; 168A.04; 168A.24; 171.01; 171.02; 171.03; 171.04; 171.06; 171.061; 171.07; 171.071; 171.14; 299A.01; L 2010 c 316 s 17
• History: 9 SR 1252; 23 SR 832; 28 SR 314; 36 SR 1353; 39 SR 701

Minn. R. 7410.0200 Purpose and Scope

Subpart 1. Purpose.

Parts 7410.0100 to 7410.0600 provide standards for the administration of:

A. Minnesota Statutes, sections 171.02, 171.06, and 171.07, requiring that the full name, date of birth, residence address, and permanent mailing address if different, a description of the licensee, and the applicant's usual signature appear on the driver's license, identification card, or permit;

B. Minnesota Statutes, chapters 168 and 168A, requiring the full name of owners on vehicle registration and title records; and

C. subsequent name changes on these documents.

Subp. 2. Scope.

The scope of parts 7410.0100 to 7410.0600 is intended to be confined within the framework and to be consistent with the provisions of Minnesota Statutes, chapters 168, 168A and 171.

History

• Statutory Authority: MS s 14.06; 168.10; 168.105; 168A.04; 168A.24; 171.02; 171.06; 171.061; 171.07; 299A.01
• History: 23 SR 832

Minn. R. 7410.0300 Name, Name Combination, Length

Subpart 1. Full name required.

Except as otherwise provided in this part, the full name is required on drivers' licenses, identification cards, permits, and vehicle title and registration records.

Subp. 2. Length of full name.

The space provided for recording a full name may not exceed 32 characters and spaces.

A. If the full name exceeds 32 characters and spaces on a new application, it will be truncated by the department in a manner that will permit proper record storage and printing on the license.

B. If the full name of an individual must be shortened, each middle name will be truncated beginning with the last character of the middle name and proceeding, as necessary, through the second letter of the middle name. Each middle initial must be recorded. If the full name still exceeds 32 characters, truncation will continue starting with the last character of the first name and proceeding, as necessary, through the second letter of the first name. The first initial of the first name must be recorded.

C. If an individual has only one name, that name must be recorded as the individual's last name.

D. If the individual's first name is unknown, no first name may be recorded.

E. Multiple middle names must be recorded with a space separation and, if necessary, according to item B.

F. No titles or forms of address such as "Mr." or "Ms." may be recorded.

Subp. 3. Name combinations.

If an individual has more than one middle name or more than one last name, the last name must be recorded in combination separated by a hyphen only if that is how it is recorded on the presenting primary document.

Subp. 4. Name difference.

The full name of an individual on a driver's license, permit, identification card, or vehicle certificate of title or registration when the owner is an individual, must be the full name as listed on a primary document unless:

A. the applicant submits a document, as specified in part 7410.0500, subpart 2, verifying a name change; or

B. the name has been truncated following the policy in subpart 2.

History

• Statutory Authority: MS s 14.06; 168.10; 168.105; 168A.04; 168A.24; 171.02; 171.06; 171.061; 171.07; 299A.01
• History: 23 SR 832

Minn. R. 7410.0400 Documenting Proof of Name, Date of Birth, Identity

Subpart 1. In general.

At the time of application for a driver's license, enhanced driver's license, permit, identification card, enhanced identification card, or vehicle certificate of title or registration by an owner who is an individual, the applicant shall present a Minnesota driver's license, enhanced driver's license, permit, Minnesota identification card, or enhanced identification card if one of these has been issued to the applicant.

A. With respect to applications for a driver's license, identification card, or vehicle certificate of title or registration by an owner who is an individual, the Minnesota driver's license, identification card, or permit must not have expired more than:

B. If the applicant for a Minnesota driver's license, enhanced driver's license, identification card, enhanced identification card, or permit possesses a driver's license, identification card, or permit from any another jurisdiction, it must be invalidated and returned to the individual.

C. As proof of full name, date of birth, and identity, the applicant for a driver's license, permit, or identification card must present one primary document and one secondary document if the applicant cannot present:

D. As proof satisfactory of date of birth, an applicant for an enhanced driver's license or an enhanced identification card must present one of the following documents:

E. As proof satisfactory of full legal name, an applicant for an enhanced driver's license or enhanced identification card must present one document not presented for proof of identity from:

F. As proof satisfactory of Social Security number, an applicant for an enhanced driver's license or an enhanced identification card must present the applicant's original Social Security card, or one of the following:

G. As proof satisfactory of photographic identity, an applicant for an enhanced driver's license or an enhanced identification card must present one of the following documents:

H. As proof satisfactory of United States citizenship, an applicant for an enhanced driver's license or enhanced identification card must present one of the following documents:

I. The individual applicant for a vehicle certificate of title or registration shall present one primary document as proof of full name and date of birth.

Subp. 1a. Residence address on license, permit, or identification card.

A Minnesota driver's license, enhanced driver's license, permit, identification card, or enhanced identification card must be issued only to an individual who has a residence address, in the state, at the time of application. In the case of an application for an enhanced driver's license or an enhanced identification card, the applicant must provide proof of residency in accordance with part 7410.0410, subpart 4a.

A. The applicant must indicate on the application form for a Minnesota driver's license, enhanced driver's license, identification card, enhanced identification card, or permit, the applicant's residence address in the state.

B. An individual may have only one residence address where the individual is domiciled at any particular time.

C. The residence address of the individual is presumed to continue until the contrary is shown.

D. The applicant shall indicate a residence number, street name, street type, directional if any, city or town, state, and zip code.

Subp. 1b. Physical description.

When applying for a driver's license, enhanced driver's license, identification card, enhanced identification card, or permit, the individual must indicate on the application form, the individual's height in feet and inches, weight in pounds, eye color, and sex.

Subp. 2. Primary documents.

If the applicant for a driver's license, permit, or identification card, or an individual who is applying as the owner for a vehicle title or registration, cannot present a Minnesota driver's license, identification card, or permit, as described in subpart 1, item C, then the applicant must present one legible, unaltered, primary document that contains the applicant's full name and date of birth as proof of name, date of birth, and identity, which are described as follows:

A. A copy of the applicant's record of birth certified by the issuing government jurisdiction of the United States, District of Columbia, Guam, Puerto Rico, or United States Virgin Islands may be presented if it satisfies the following conditions:

B. A certified copy of an adoption certificate with the applicant's full name and date of birth from a United States court of competent jurisdiction that bears the raised court seal or other court certification may be presented.

C. An unexpired identification card (Form DD-2 or Common Access Card) issued to the applicant by the United States Department of Defense for active duty, reserve, or retired personnel may be presented.

D. A valid unexpired passport issued to the applicant by the United States Department of State may be presented.

E. An applicant or owner may present a valid, unexpired passport issued to the applicant from a jurisdiction other than the United States Department of State with either:

F. An applicant or owner may present a Canadian birth certificate or Canadian naturalization certificate with a United States Department of Justice or a United States Department of Homeland Security Arrival and Departure Form I-94 attached, bearing the same name as that on the Canadian birth certificate or Canadian naturalization certificate and containing an unexpired endorsement of the alien's nonimmigrant status or authorized presence. The applicant or owner must also present a secondary document as described in subpart 3, issued by a Canadian government agency and containing a photograph or image of the applicant.

G. An applicant or owner may present one of the following documents issued by the United States Department of Justice or the United States Department of Homeland Security or any subsequent form or version of the documents specified in this item:

Subp. 3. Secondary documents.

If an applicant for a driver's license, permit, or identification card cannot present a Minnesota driver's license, identification card, or permit, as described in subpart 1, item C, then, in addition to presenting a primary document, the applicant must also present a secondary document, described as follows:

A. a second primary document listed in subpart 2;

B. a driver's license, identification card, or permit, with a photograph or digitized image, issued by a United States state other than Minnesota, or by the District of Columbia, Guam, Puerto Rico, or the United States Virgin Islands, or a Canadian province or territory, that has expired not more than five years, or that is current;

C. a certified copy of a court order or judgment from a United States or Canadian court of competent jurisdiction containing the applicant's full name and date of birth and bearing the raised court seal or other court certification;

D. a current United States or Canadian government jurisdiction employee photo identification card;

E. a certified copy of a record of birth issued by a government jurisdiction other than one in the United States, the District of Columbia, Guam, Puerto Rico, or the United States Virgin Islands;

F. a current identification card or document issued to the applicant by the United States Department of Defense, described as:

G. a copy of a marriage certificate certified by the issuing government jurisdiction, or the original certificate only if it is in the files of the issuing jurisdiction and can be readily viewed by the official accepting the application;

H. an unexpired permit to carry a firearm or concealed weapon issued by a chief of police in an organized, full-time United States Police Department or by a United States County Sheriff, bearing a color photo of the applicant;

I. a current pilot's license issued by the United States Department of Transportation, Federal Aviation Administration;

J. a copy of a transcript containing the applicant's legal full name and date of birth certified by the issuing secondary or postsecondary school;

K. a United States nonmetal Social Security card or a Canadian social insurance card; or

L. a current secondary school student identification card with the student's name, a photograph or electronically produced image of the student, and the student's date of birth or unique student identification number.

Subp. 3a. Verification.

The department must be able to verify with the issuing jurisdiction the issuance of and authenticity of the primary or secondary document presented.

A. Verification is required if:

B. If a document is presented that cannot be verified, notice of refusal shall occur in accordance with the procedures in part 7410.0425.

C. This subpart applies to an applicant for an enhanced driver's license or enhanced identification card.

Subp. 4. Identification of owners other than individuals.

The agent or employee applying for a vehicle certificate of title or registration for a person other than an individual must provide a Minnesota driver's license at the time of application if the agent or employee holds one.

Subp. 5. Non-English documents; translation.

For all documents submitted to the department in a language other than English:

A. The document must be accompanied by a translation of that document into the English language.

B. The translation must be sworn to by the translator as being a true and accurate translation.

C. The translator must not be related by blood or marriage to the applicant.

D. The translator must be either:

History

• Statutory Authority: MS s 14.06; 14.131 to 14.20; 168.10; 168.105; 168A.04; 168A.24; 171.01; 171.02; 171.03; 171.04; 171.06; 171.061; 171.07; 171.071; 171.10; 171.14; 299A.01; L 2010 c 316 s 17
• History: 9 SR 1252; 23 SR 832; 25 SR 616; L 2000 c 478 art 2 s 7; L 2001 1Sp9 art 15 s 32; 28 SR 314; L 2007 c 13 art 1 s 25; 36 SR 1353; L 2015 c 21 art 1 s 109

Minn. R. 7410.0410 Proof of Residency

Subpart 1. Proof of residency required at time of application.

Proof of residency is required at the time of application for an initial driving permit, driver's license, or state identification card. The applicant must attest to a residence address in Minnesota and demonstrate proof of either lawful short-term admission to the United States, permanent United States resident status, indefinite authorized presence status, or United States citizenship.

Subp. 2. Proof of residency at renewal.

A. Proof of residency is required at the time of application for renewal of a driving permit, driver's license, or state identification card.

B. A person with permanent United States resident status, indefinite authorized presence status, or United States citizenship must attest to a residence address in Minnesota.

C. A person with lawful short-term admission to the United States must attest to a residence address in Minnesota and provide proof of lawful short-term admission status to the United States.

Subp. 3. Documents not sufficient to prove residency.

The presentation of a driver's license, permit, or identification card from another jurisdiction or another United States state is not acceptable as proof of permanent United States resident status, indefinite authorized presence status, lawful short-term admission to the United States, or United States citizenship.

Subp. 4. Documents sufficient to prove residency.

To demonstrate permanent United States resident status, indefinite authorized presence status, lawful short-term admission, or United States citizenship, an applicant must attest to a Minnesota residence address on the application form and present a document specified in part 7410.0400, subpart 1 or 2. If the document presented to demonstrate lawful short-term admission does not indicate a date that the admission period ends or if the date has been extended, the applicant must present additional documentation issued under the authority of the United States Department of Justice or the United States Department of Homeland Security that indicates the duration of the applicant's lawful short-term admission status.

Subp. 4a. Proof of residency for enhanced driver's license or enhanced identification card.

An applicant for an enhanced driver's license or enhanced identification card must provide the commissioner with proof satisfactory of residency in the state by providing two of the different forms of documentation listed in items A to T that lists the applicant's name and address.

A. United States home utility services bill that is issued no more than 90 days before the EDL or EID application. The commissioner shall not accept a United States home utility bill if two unrelated people are listed on the bill.

B. United States home utility services hook-up work order that is issued no more than 90 days before the EDL or EID application. The commissioner shall not accept a United States home utility services hook-up work order if two unrelated people are listed on the work order.

C. United States financial information that is issued no more than 90 days before the EDL or EID application, with account numbers redacted, including:

D. United States high school identification card with a certified transcript from the same school if issued no more than 180 days before EDL or EID application.

E. United States college or university identification card with a certified transcript from the same college or university if issued no more than 180 days before EDL or EID application.

F. United States employment pay stub that is issued no more than 90 days before EDL or EID application and lists the employer's name, address, and telephone number.

G. Minnesota unemployment insurance benefit statement issued no more than 90 days before EDL or EID application.

H. Assisted living or nursing home statement that is issued no more than 90 days before EDL or EID application.

I. Life, health, automobile, homeowner's, or renter's insurance policy that is issued no more than 90 days before EDL or EID application. The commissioner shall not accept a proof of insurance card.

J. Federal or state income tax return or statement for the most recent tax filing year.

K. Minnesota property tax statement for the current year that reflects the applicant's principal residential address both on the mailing portion and portion stating what property is being taxed.

L. Minnesota vehicle certificate of title if issued no more than 12 months before EDL or EID application.

M. A filed property deed or title for current residence if issued no more than 12 months before EDL or EID application.

N. Supplemental Security Income award statement that is issued no more than 12 months before EDL or EID application.

O. Mortgage documents for the applicant's principal residence.

P. Residential lease agreement for the applicant's principal residence that is issued no more than 12 months before EDL or EID application.

Q. Valid Minnesota driver's license, valid Minnesota identification card, or valid permit.

R. Minnesota professional license that is not expired.

S. Selective service card that is not expired.

T. Military orders that are still in effect at the time of application.

Subp. 4b. Verification of EDL or EID residency documents.

The commissioner shall verify the address information provided by an applicant for an enhanced driver's license or enhanced identification card with the United States Postal Service.

Subp. 5. Evidence required when name changed.

If there has been a change in the individual's legal full name as it appears on the presented document specified in subpart 4, the individual must also present evidence of a change of name as specified in part 7410.0500.

Subp. 6. Lawful short-term admission status.

A. If the lawful admission period indicated on the federal primary document presented expires in 30 days or more from the date of application for the state driver's license, permit, or identification card, the applicant shall be issued a driver's license, permit, or identification card with a status check date that coincides with the lawful admission period on the federal primary document presented.

B. If the lawful admission period indicated on a presented federal primary document specified in part 7410.0400, subpart 2, expires in less than 30 days from the date of application for the state driver's license, permit, or identification card, the applicant shall be informed at the time of application that no driver's license, permit, or identification card will be issued. If application is made, a receipt for the driver's license, permit, or identification card will be issued.

Subp. 7. No lawful admission status.

The department shall not issue a driver's license, permit, or identification card if an individual has no lawful admission status to the United States.

Subp. 8. Status check date.

A status check date that coincides with the federal lawful admission period indicated on the federal primary document presented or on the additional documentation that indicates the duration of the applicant's lawful short-term admission status shall be indicated on the driver's license, permit, or identification card issued.

Subp. 9. Reissuance.

A driver's license, permit, or identification card shall be reissued with a new status check date if the applicant presents an employment authorization card (I-688B, I-766 series) or notice of action (I-797A series) issued by the United States Department of Justice or the United States Department of Homeland Security to indicate extension of the lawful admission period.

A. If the applicant presents an accepted application from the United States Department of Justice or the United States Department of Homeland Security for an extension of or change in the federal lawful admission period, the driver's license, permit, or identification card will be reissued with a status check date extension of six months from the date of the federal receipt for the extension or change.

B. If the applicant presents a subsequent federal document indicating permanent United States resident status, indefinite authorized presence status, or United States citizenship, a driver's license, permit, or identification card will be reissued without a status check date.

Subp. 10. Cancellation; denial.

Pursuant to Minnesota Statutes, sections 171.04 and 171.14, the commissioner shall cancel a driver's license, permit, or identification card:

A. on the status check date unless the state document holder presents federal proof of extension of the lawful admission period or a receipt from the United States Department of Justice or the United States Department of Homeland Security for an application for an extension or change of the lawful admission status; or

B. when the department receives notice from the United States Department of Justice or the United States Department of Homeland Security that the individual has been deported.

Subp. 11. Warning notice of possible cancellation.

If the status check date is to expire in more than 60 days, a notice warning the state document holder that the driver's license, permit, or identification card will be canceled on the status check date shall be sent by first class mail to the document holder's residence address on file with the department. If application is being made and the status check date would expire in 60 days or less from the date of application, the applicant will be directly issued a general notice warning of cancellation on the status check date and will be sent a follow-up warning notice as described in items A and B.

A. The notice shall contain:

B. The notice shall indicate that:

Subp. 12. Cancellation order.

At least seven days before the status check date, the document holder shall be issued a cancellation order indicating that the driver's license, permit, or identification card is canceled. The notice shall be sent by first class mail to the address shown on department records.

A. The notice shall contain:

B. The notice shall indicate application may be made for a new driver's license, permit, or identification card if the individual can present proof to the department of current authorized legal presence in the United States.

C. The notice shall specify that an administrative review of the cancellation may be requested by the document holder under part 7409.4600.

Subp. 13. Administrative review.

An administrative review of the cancellation of the state document or the denial to issue a state document under this part shall be conducted under part 7409.4600.

Subp. 14. Fees.

A. A state document holder who applies for an extension of the status check date on the driver's license, permit, or identification card before expiration of the status check date shall not be charged a fee for reissuance of the state document if there is no change to the address or name on the state document.

B. If the status check date on the driver's license, permit, or identification card has expired and the applicant presents federal documentation indicating an extended lawful admission period or application for an extension or change, the applicant must pay the fee for a duplicate card as specified in Minnesota Statutes, section 171.06.

C. The applicant must pay the renewal fee as specified in Minnesota Statutes, section 171.06, when the applicant's driver's license, permit, or identification card expires.

Subp. 15. Variance.

The requirements of this part are subject to variance under part 7410.0600.

History

• Statutory Authority: MS s 14.06; 14.131 to 14.20; 171.01; 171.03; 171.04; 171.06; 171.061; 171.07; 171.071; 171.14; 299A.01; L 2010 c 316 s 17
• History: 28 SR 314; 36 SR 1353

Minn. R. 7410.0425 Additional Documentation

Subpart 1. When required.

Additional documentation may be requested by the department if the documents provided by the applicant appear to be altered or fraudulent, or there is reason to believe the applicant is not who the applicant claims to be.

Subp. 2. Refusal.

The department may refuse to accept suspected fraudulent documents.

Subp. 3. Effect of acceptance.

Acceptance by the department of copies of documents or review at the time of application is not acknowledgment of authenticity or veracity of those documents.

Subp. 4. Notice of refusal.

A. If an application is accepted at an application site and the documents presented are viewed, but fraudulent documents are suspected, the application and a copy of the documents presented must be transmitted to the department's driver and vehicle services division for review and verification with the issuing authority.

B. The applicant may appear at the department's driver evaluation office in St. Paul for an administrative review, or may call the St. Paul driver evaluation office at the telephone number indicated on the notice to schedule an administrative review, at an alternate driver evaluation site.

C. If the department is able to verify the authenticity of presented documents and the applicant's identity as a result of the administrative review, the department shall notify the applicant within 15 days after completion of the administrative review that the application has been approved.

D. If the administrative review causes the department to refuse to issue the driver's license, identification card, or permit, the applicant must be notified in writing of the refusal within 15 days after completion of the administrative review. The notice shall provide the reasons for the refusal.

Subp. 5. Title and registration.

An owner that is an entity with a name that is not one listed in part 7410.0100, subpart 3, items A and B, may be required to provide evidence to verify the authority of the individual to sign on behalf of the entity if the authority of the individual signing is unknown.

Subp. 6. Rules of evidence.

Authentication of a disputed primary or secondary document may be proved by any of the standards or methods listed in Minnesota Rules of Evidence, Rule 902.

History

• Statutory Authority: MS s 14.06; 168.10; 168.105; 168A.04; 168A.24; 171.02; 171.06; 171.061; 171.07; 171.10; 299A.01
• History: 23 SR 832; 25 SR 616

Minn. R. 7410.0450 Duplicate Driver's License, Identification Card

A. If a Minnesota driver's license, identification card, or permit is lost, stolen, destroyed, illegible, or mutilated beyond recognition during the period of validation, the applicant for a duplicate must:

B. If the applicant indicates there is no change in the information on file with the department, including name, date of birth, and mailing and residential address, and the applicant attests to that fact by signing the application form:

C. If an applicant for an identification card has a driver's license record on file with the department but the license has been suspended, revoked, or canceled within the past five years:

History

• Statutory Authority: MS s 14.06; 168.10; 168.105; 168A.04; 168A.24; 171.02; 171.06; 171.061; 171.07; 171.10; 299A.01
• History: 23 SR 832; 25 SR 616

Minn. R. 7410.0500 Change of Name

Subpart 1. In general.

When a change of name is required by Minnesota Statutes, section 171.11, or requested by an applicant who is an individual, the documentation in subparts 2 and 3 must be presented by the applicant.

Subp. 2. Specific documentation.

If the applicant is required by Minnesota Statutes, section 171.11, or desires to change the last name, add an additional middle name or last name, or change any name:

A. The applicant must first present a Minnesota driver's license, identification card, or permit that is current or expired for one year or less, or a driver's license, identification card, or permit issued by a United States state, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, or a Canadian province or territory that is current or not expired for more than one year and has a color photograph or electronically produced or digitized image of the applicant.

B. If the applicant cannot present a document specified in item A, then the applicant must present a primary and secondary document as specified in part 7410.0400, subparts 2 and 3, to verify the identity of the applicant before the name change.

C. To verify the name change, the applicant must then present one of the following documents:

Subp. 3. Last name in place of middle name.

An applicant may use the applicant's last name prior to marriage on the driver's license, identification card, permit, or title in place of the middle name. A certified copy of the applicant's record of birth from a United States or Canadian jurisdiction as specified in part 7410.0400, subpart 2, item B, is acceptable as proof of that name.

Subp. 4. Title, registration, name changes for person other than individual.

To change the owner's full name on a vehicle title or registration:

A. for a person other than an individual, the owner must present to the department:

B. for an owner that is an entity other than those listed in part 7410.0100, subpart 3, items A and B, the owner must present to the department the name of the entity attested to by the applicant.

History

• Statutory Authority: MS s 14.06; 168.10; 168.105; 168A.04; 168A.24; 171.02; 171.06; 171.061; 171.07; 171.10; 299A.01
• History: 23 SR 832; 25 SR 616; L 2001 1Sp9 art 15 s 32

Minn. R. 7410.0600 Variances

Subpart 1. Commissioner may grant.

The commissioner of public safety may grant variances from part 7410.0400.

Subp. 2. Application for variance.

If a person is unable to comply with the provisions and requirements of part 7410.0400, the person may make written application to the commissioner of public safety or a designee for a variance.

Subp. 3. Documentation.

A person applying for a variance must submit written documentation of the reasons why a variance should be granted, including the reasons the required documents are not available. The applicant must provide additional information regarding the applicant's name and identity, such as names of relatives, date and place of birth, place of residence, social security number, military service information, and any arrest information, to aid the commissioner in verifying the applicant's identity.

Subp. 4. Review.

The commissioner of public safety or a designee shall review the request for the variance. In making a decision to grant or deny the variance, the commissioner or a designee shall consider the following:

A. the availability of the required documents;

B. the degree of hardship placed on the applicant;

C. the effect of granting the variance on the public;

D. the effect of granting the variance on the integrity of the record system; and

E. the trustworthiness of the information supplied by the applicant regarding the applicant's name and identity.

Subp. 5. Conditions for granting.

The commissioner shall grant the variance if all of the following conditions are present:

A. the documents required by part 7410.0400 are either not reasonably available or do not exist;

B. compliance with part 7410.0400 would cause an undue hardship for the applicant;

C. granting the variance will have no adverse effect on the public;

D. granting the variance will not jeopardize the integrity of the record system; and

E. the applicant has established the applicant's name and identity by trustworthy evidence and documentation.

Subp. 6. Decision.

The commissioner of public safety or a designee shall grant or deny the request for the variance within 30 days of receipt of the request. The person shall be notified of the decision by mail within the 30-day period.

History

• Statutory Authority: MS s 171.06
• History: 17 SR 1279

Minn. R. 7410.0700 Application for Reduced Fee Identification Card

Subpart 1. Application process.

To apply for a state identification card at a reduced fee, a person with a condition of developmental disability, mental illness, or a physical disability, as these conditions are defined in Minnesota Statutes, section 171.07, subdivision 3, paragraph (c), shall comply with this part.

A. The applicant shall comply with the identity provisions in part 7410.0400.

B. Verification of the condition must be made on a certificate provided and made available by the department at all state application and driver's license agent application sites and from the department's Internet site.

C. If an applicant cannot present the certificate verifying the condition required in this part at the time of application, the department shall accept the application and hold it in suspense for 30 days pending receipt of the certificate verifying the condition. If verification of the condition is not received within 30 days of the date of application, the department shall deny the application for a reduced fee identification card.

D. Verification is not needed during the period the identification card is valid if the cardholder applies for a duplicate and the verification information is on file with the department.

Subp. 2. Person with developmental disabilities.

If verification of an applicant's condition of developmentally disabled, as defined in Minnesota Statutes, section 252A.02, subdivision 2, is not on file with the department:

A. the applicant must present verification of the condition when applying for an initial card and when applying for a renewal of a card; and

B. verification of the condition must be made by a medical doctor or county-authorized case manager. For this condition, a verification form from a previous application may be presented.

Subp. 3. Person with mental illness.

At the time of the initial application for a reduced-fee identification card and for all subsequent renewals, a person with mental illness must present verification of the condition of serious and persistent mental illness as described in Minnesota Statutes, section 245.462, subdivision 20, paragraph (c). Verification of the condition of serious and persistent mental illness must be made by a county case manager or a mental health professional, as defined under Minnesota Statutes, section 245.462.

Subp. 4. Person with physical disability.

A person with a physical disability shall present verification of being a physically disabled person as defined in Minnesota Statutes, section 169.345, subdivision 2.

A. If the physical disability is permanent, verification is required only at the time of initial application and is valid for the life of the applicant.

B. If the physical disability is temporary, the verification is valid for four years from the date of initial application for a reduced-fee identification card.

C. Verification of the physical disability must be made by a medical doctor or chiropractor as authorized in Minnesota Statutes, section 169.345, subdivisions 2 and 3.

D. Verification of the physical disability may also be made through presentation of a valid, permanent, physical disability parking certificate issued to the applicant under Minnesota Statutes, section 169.345, or upon presentation of a motor vehicle registration with physically disabled plates registered in the applicant's name.

Subp. 5. Information on file; public access.

Information on a condition listed in subpart 1 must be maintained as private data on the applicant in the record maintained by the department.

A. Verification information may be viewed by a driver's license agent at the time of application if the information can be retrieved at the application site.

B. A designation of the applicant's condition must not be indicated on the identification card issued.

History

• Statutory Authority: MS s 14.06; 161.061; 171.07; 299A.01
• History: 25 SR 1439; L 2005 c 56 s 2

Minn. R. 7410.0800 Application for Instruction Permit Under Age 18

A. An applicant under the age of 18 applying for an instruction permit may present proof of completion of a department-established or department-approved supplemental parental curriculum by the primary driving supervisor.

B. Proof of completion is satisfied by presenting a fully completed, department-authorized certification of completion that contains:

History

• Statutory Authority: MS s 14.386
• History: 39 SR 701

Minn. R. 7410.1800 [Repealed, 28 SR 314]

[Repealed, 28 SR 314]

Minn. R. 7410.1810 Driver's License and Identification Card Image

Subpart 1. Image.

The applicant for a driver's license, permit, or identification card shall have a full-face image taken by the department that is a representation of the true appearance of the applicant.

A. The face of the applicant must be uncovered and unobscured.

B. If an applicant objects to the capture of a full-face image or to the display of a full-face image on the driver's license, permit, or identification card due to a religious objection, the applicant may apply for a variance from this subpart under Minnesota Statutes, sections 14.055 and 14.056.

C. As a condition of granting a variance, the applicant must either allow placement of the full-face image in the department record or provide the department with a unique biometric identifier, such as fingerprints, that can be used by the department and allow enforcement agencies to identify the applicant.

Subp. 2. Use of previous image.

The use of the previous image on file with the department is limited to:

A. duplicate driver's licenses and identification cards;

B. replacement of unexpired permits;

C. one renewal cycle for a person who applies to the department and certifies that the person is out-of-state at the time of expiration of the driver's license or identification card and intends to return within four years; and

D. verification of identity for issuing a Minnesota driver's license, permit, or identification card.

Subp. 3. Updated image required upon return.

Within 30 days after the return to Minnesota of an applicant whose previous image was used in accordance with subpart 2, item C, the applicant shall appear at a driver's license renewal office and shall allow an updated image to be taken. The applicant shall comply with the identity provisions in part 7410.0400.

History

• Statutory Authority: MS s 14.06; 171.01; 171.03; 171.04; 171.06;171.061; 171.07; 171.071; 171.14; 299A.01
• History: 28 SR 314

Minn. R. 7410.2100 Definition of Good Cause to Believe

When used in parts 7410.2100 to 7410.3000, the following phrase shall have the following meaning: "Good cause to believe" means grounds put forth in good faith which are not arbitrary, irrational, unreasonable, or irrelevant and which are based on at least one of the following sources:

A. written information from an identified person;

B. facts supplied by the driver or applicant; or

C. facts of which the commissioner or the commissioner's employees or agents have personal knowledge.

History

• Statutory Authority: MS s 171.04; 171.13; 171.14
• History: 17 SR 1279

Minn. R. 7410.2200 Purpose

Parts 7410.2100 to 7410.3000 set out general standards for effective administration of the driver licensing statutes relating to the issuance, restriction, or denial of driving privileges with respect to persons having physical or mental disabilities under Minnesota Statutes, sections 171.04, 171.13, and 171.14.

History

• Statutory Authority: MS s 171.04; 171.13; 171.14

Minn. R. 7410.2300 Scope

Parts 7410.2100 to 7410.3000 are intended to be confined within the framework of, and consistent with, the provisions of Minnesota Statutes, chapter 171.

History

• Statutory Authority: MS s 171.04; 171.13; 171.14

Minn. R. 7410.2400 Vision

Subpart 1. In general.

Every applicant shall submit to a vision screening or examination. The purpose of the vision screening is:

A. to screen applicants to ensure that those with insufficient vision take the steps required to achieve the best vision possible; and

B. to deny driving privileges to those whose vision is likely to interfere with the safe operation of motor vehicles.

Subp. 1a. Definitions.

The terms used in this part have the following meanings:

A. "Visual acuity" means acuteness or sharpness of vision.

B. "Visual field" means the area within which an object may be seen when the eye is fixed.

Subp. 2. Unrestricted/corrective lens restriction.

The applicant, if otherwise eligible, will be considered for an unrestricted driver's license or a driver's license with a corrective lens restriction if the applicant meets the following visual standards:

A. visual acuity of 20/40 or better, with either one usable eye or with both eyes, with or without corrective lenses; and

B. visual field of 105 degrees or greater in the horizontal diameter with either one usable eye or with both eyes. If the applicant needs corrective lenses to meet the visual acuity standards or if a licensed physician or an optometrist recommends that the applicant wear corrective lenses, the applicant must wear the corrective lenses while operating a motor vehicle. If a licensed physician or an optometrist recommends that corrective lenses not be worn, the commissioner shall impose suitable restrictions, if applicable, upon the applicant's driving privileges.

Subp. 3.

[Repealed, 20 SR 2122]

Subp. 4. Vision examinations.

An applicant shall submit a vision examination certificate from a licensed physician or an optometrist in a form as prescribed by the commissioner when:

A. the applicant disagrees with the results of the screening;

B. the applicant's vision cannot be determined;

C. any court or police officer has recommended that the applicant's vision be examined;

D. the commissioner has good cause to believe that an examination is warranted;

E. the applicant has double vision;

F. the applicant's visual acuity is less than 20/40 with either one usable eye or with both eyes, with or without corrective lenses; or

G. the applicant's visual field is less than 105 degrees in the horizontal diameter with either one usable eye or with both eyes. An applicant's vision examination must have been conducted within six months of completion of the vision examination certificate.

Subp. 5. Restricted license; vision requirements.

If otherwise eligible, and subject to subpart 5a, an applicant will be issued a restricted license to drive if the applicant has:

A. visual acuity of 20/50 or less corrected vision with either one usable eye or with both eyes; or

B. visual field of less than 105 degrees in the horizontal diameter with either one usable eye or with both eyes.

Subp. 5a. Restricted license; driving restrictions.

An applicant eligible for a restricted license under subpart 5 shall comply with the applicable restrictions on driving described in items A to E.

A. Speed restrictions.

B. Restriction as to type of road. An applicant subject to speed restrictions under item A may also be restricted to those roads having a maximum speed limit equal to the maximum speed limit imposed upon the applicant, if the commissioner determines that the restriction is necessary for the safety of the applicant and the public. A person limited to a maximum speed of 45 m.p.h. or less is prohibited from driving on any freeway, expressway, or limited access highway that has a speed limit of more than 45 m.p.h.

C. Area restrictions. An applicant with visual acuity of 20/50 or less corrected vision may be restricted to driving within an area to be determined by the commissioner, if the commissioner determines that the restriction is necessary for the safety of the applicant and the public.

D. Daylight restriction. An applicant with visual acuity of 20/50 or less corrected vision may be restricted to daylight hours to be determined by the commissioner if the commissioner determines that the restriction is necessary for the safety of the applicant and the public.

E. Equipment restriction. An applicant with a visual field of less than 105 degrees in the horizontal diameter with either one usable eye or with both eyes must be restricted to driving with left and right outside rearview mirrors or restrictions in items A to E, if the commissioner determines that the restriction is necessary for the safety of the applicant and the public.

Subp. 6. Other situations.

When the applicant's visual acuity is 20/80 or up to, but not including, 20/100 corrected vision, or when the applicant has any vision readings or problems not covered by the above general standards, the application will be referred to the driver evaluation unit, who shall determine whether a restricted license can be issued and the kinds of restrictions that are necessary to ensure that the applicant does not pose an unreasonable safety risk to the applicant personally or to others.

Subp. 7. License denial/cancellation.

An applicant's driver's license will be denied or an existing driver's license will be canceled under the authority of Minnesota Statutes, sections 171.04, subdivision 1, clause (11), 171.14, and 171.32, when:

A. the applicant has visual acuity of 20/100 or less corrected vision;

B. the applicant is known to be receiving assistance for the blind;

C. the applicant has visual field of less than 100 degrees in the horizontal diameter with either one usable eye or with both eyes;

D. the commissioner receives a recommendation from a licensed physician or optometrist that the applicant's driver's license should be canceled or denied; or

E. the applicant fails to submit a required vision examination certificate within the requested time period.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.14; 299A.04
• History: 17 SR 1279; 20 SR 2122; L 1996 c 455 art 3 s 24; L 1999 c 238 art 2 s 91

Minn. R. 7410.2500 Loss of Consciousness or Voluntary Control

Subpart 1. Scope.

This part applies to drivers and applicants for driving privileges who have experienced a periodic or episodic loss of consciousness or voluntary control. This part applies regardless of whether the driver or applicant has an aura or warning of imminent seizure or attack or whether the driver or applicant has only had nocturnal attacks.

Subp. 1a. Definition.

In this part, "loss of consciousness or voluntary control" means inability to assume and retain upright posture without support or inability to respond rationally to external stimuli.

Subp. 2. Reports required.

A person shall report an episode of loss of consciousness or voluntary control, in writing, to the department:

A. at the time of applying for a driver's license, if an applicant has experienced an episode; or

B. within 30 days after the episode, if a driver experiences an episode. Each report must specify the date of the episode and must be accompanied by a physician's statement in a form prescribed by the commissioner.

Subp. 2a. Failure to report; misrepresentation.

If a driver or applicant has reason to know the requirements of subpart 2 and fails to submit a report required under that subpart or willfully makes a material misrepresentation to the department concerning a loss of consciousness or voluntary control:

A. the commissioner shall cancel or deny the person's driving privilege for six months from the date the failure to report or misrepresentation is discovered by the department; or

B. if the loss of consciousness or voluntary control is due to the abuse of alcohol or a controlled substance, the commissioner shall cancel or deny the person's driving privilege for one year from the date the failure or misrepresentation is discovered by the department.

Subp. 3. Cancellation.

If the commissioner has good cause to believe that a driver or applicant has experienced an episode of loss of consciousness or voluntary control as described in subpart 1, or if a physician's report required by subpart 2 indicates an unfavorable prognosis for control of the person's condition, the commissioner shall cancel or deny the person's driving privileges until three months have elapsed since the episode or diagnosis and until the person submits a physician's report that indicates a favorable prognosis for episode free control of the person's condition, indicates that the person is cooperating in the treatment of the condition, and indicates that the person is medically qualified to exercise reasonable and proper control over a motor vehicle on the public roads, except as provided in items A to D.

A. If the driver or applicant submits a physician's statement that indicates that the episode resulted from a change or removal of medication on physician's orders and the physician does not recommend cancellation or denial of the person's driving privileges, the commissioner shall not cancel or deny the person's driving privileges.

B. If the driver or applicant submits a physician's statement that the episode was the first episode experienced by the person and the physician does not recommend cancellation or denial of the person's driving privileges, the commissioner shall not cancel or deny the person's driving privileges.

C. The commissioner shall not cancel or deny the person's driving privileges if the driver or applicant submits a physician's statement indicating:

D. If the loss of consciousness or voluntary control is reported and is due to alcohol or controlled substance abuse, and is not the first episode experienced by the driver or applicant, the commissioner shall cancel or deny the person's driving privileges for a year from the date of the episode.

Subp. 4. Reinstatement.

For reinstatement, the commissioner shall require (1) a physician's statement that indicates a favorable prognosis for episode free control of the person's condition, indicates that the person is cooperating in the treatment of the condition, and that indicates the person is medically qualified to exercise reasonable and proper control over a motor vehicle on the public roads, and (2) a satisfactory statement from the driver or applicant stating the date of the last loss of consciousness or voluntary control.

Subp. 5. Review of driver's condition.

Except as otherwise provided in items A to G, a driver who has experienced a loss of consciousness or voluntary control shall submit an annual physician's statement on a form prescribed by the commissioner, regarding the driver's medical history, present situation, and the prognosis with respect to the driver's ability to operate a motor vehicle with safety to the driver and others.

A. When a driver or applicant submits a physician's statement indicating that loss of consciousness or voluntary control resulted from a change or removal of medication on physician's orders and the physician does not recommend cancellation or denial of the person's driving privileges, the commissioner shall require a physician's statement every six months for a year, or at shorter intervals as recommended by the reporting physician.

B. When a driver submits a physician's statement indicating that the episode of loss of consciousness or voluntary control was the first episode experienced by the driver and the physician does not recommend cancellation or denial of the person's driving privileges, the commissioner shall require a physician's statement every six months for a year, or at shorter intervals as recommended by the reporting physician.

C. When the driver fulfills the requirements of subpart 3, item C, the commissioner shall require a physician's statement every six months for a year, or at shorter intervals as recommended by the reporting physician.

D. When the commissioner has good cause to believe that the driver's condition is not controlled, the commissioner shall require a physician's statement every six months, or at shorter intervals as recommended by the reporting physician.

E. If a driver has been free from episodes of loss of consciousness or voluntary control for four years, the commissioner shall require a physician's statement every four years, unless the physician recommends more frequent reports.

F. A driver does not need to submit an annual physician's statement if:

G. A driver does not need to submit an annual physician's statement if:

History

• Statutory Authority: MS s 171.04; 171.09; 171.13; 171.14; L 2025 1Sp8 art 2 s 114
• History: 13 SR 980; 35 SR 661; 50 SR 647

Minn. R. 7410.2600 [Repealed, 17 SR 2284]

[Repealed, 17 SR 2284]

Minn. R. 7410.2610 Repealed by subpart

Subpart 1.

[Repealed, L 2021 1Sp5 art 4 s 151]

Subp. 2.

[Repealed, L 2021 1Sp5 art 4 s 151]

Subp. 3.

[Repealed, L 2021 1Sp5 art 4 s 151]

Subp. 3a.

[Repealed, L 2021 1Sp5 art 4 s 151]

Subp. 4.

[Repealed, 17 SR 2284]

Subp. 5.

[Repealed, 17 SR 2284]

Subp. 5a.

[Repealed, L 2021 1Sp5 art 4 s 151]

Subp. 5b.

[Repealed, L 2021 1Sp5 art 4 s 151]

Subp. 6.

[Repealed, L 2021 1Sp5 art 4 s 151]

Minn. R. 7410.2700 Mental Illness or Deficiency

Subpart 1. Good cause.

For the purposes of this part, good cause to believe exists only if the commissioner has:

A. information that a person has operated a vehicle in an unsafe manner;

B. information that a person lacks judgment and coordination to safely operate a vehicle based on competent medical authority; or

C. facts supplied by the driver or applicant.

Subp. 2. Loss of driving privilege.

When the commissioner has good cause to believe that a person is mentally ill, or that a person has a cognitive impairment, and that the mental illness or cognitive impairment will affect the person in a manner to prevent the person from exercising reasonable and ordinary control over a motor vehicle while operating it upon the highways, a physician's statement, in such form as the commissioner may prescribe, shall be required within 30 days or in such reasonable time that a person may require to obtain a physician's statement. If the physician's statement is not filed, or, if upon review of the report from the physician the commissioner finds that a person cannot drive safely, all driving privileges shall be canceled under authority of Minnesota Statutes, section 171.14, and denied under authority of Minnesota Statutes, section 171.04, subdivision 1, clause (7) or (11). The person shall not be issued any driving privileges until the commissioner finds that the person is competent to drive safely.

Subp. 3. Reinstatement.

For reinstatement, the commissioner shall require a satisfactory statement from any institution in which the person has been treated, from any treating physician, or from any competent authority demonstrating that the individual is competent to drive safely.

History

• Statutory Authority: MS s 171.04; 171.13; 171.14
• History: 17 SR 1279; L 1996 c 455 art 3 s 24; L 1999 c 238 art 2 s 91; L 2013 c 59 art 3 s 21

Minn. R. 7410.2800 Miscellaneous Physical or Mental Conditions

Subpart 1. Requirements for physician's statement.

When the commissioner has good cause to believe that any of the situations listed in subpart 2 exist, and would adversely affect the driver's or applicant's ability to drive safely, a physician's statement in such form as the commissioner may prescribe shall be required within 30 days, or in such reasonable time that a person may require to obtain a physician's statement. If the physician's statement is not filed, or, if upon review of the statement the commissioner finds that the person cannot drive safely, all driving privileges shall be canceled under authority of Minnesota Statutes, section 171.13, subdivision 4, or Minnesota Statutes, section 171.14, and denied under authority of Minnesota Statutes, section 171.04, subdivision 1, clause (11). The person shall not be issued any driving privileges until the commissioner finds that the person is competent to drive safely.

Subp. 2. Conditions requiring physician's statement.

Situations covered by subpart 1 are:

A. use of any medication, whether or not prescribed;

B. any disease that raises reasonable doubts as to the person's ability to drive safely;

C. use of alcohol or controlled substances;

D. lack of physical control, such as that manifested by fainting or a dizzy spell, blackout, or period of unconsciousness;

E. lack of physical endurance, such as that manifested by a person subject to fatigue, exhaustion, nervous tension, or adverse reaction to monotony;

F. abnormal reflexes, such as those manifested by persons suffering from cerebral palsy, multiple sclerosis, Parkinson's disease, or similar conditions.

Subp. 3. Requirements for driver's test.

When the commissioner has good cause to doubt the adequacy of the driver's or applicant's ability to safely operate a vehicle under the conditions listed in subpart 4, a driver's license examination shall be required within 30 days or within such reasonable time that a person may need to obtain a driver's test. If the driver's test is not satisfactorily completed within 30 days, or in such reasonable time as the person may require to obtain an examination, all driving privileges shall be canceled under the authority of Minnesota Statutes, section 171.13, and denied under the authority of Minnesota Statutes, section 171.04. For reinstatement, the commissioner shall require proof of satisfactory completion of the driver's test.

Subp. 4. Conditions requiring driver's test.

Conditions covered by subpart 3 are:

A. driving procedures;

B. judgment of space, time, and motion;

C. physical strength to operate a vehicle's controls;

D. physical condition to operate a vehicle.

History

• Statutory Authority: MS s 171.04; 171.09; 171.13; 171.14
• History: 13 SR 980; L 1996 c 455 art 3 s 24; L 1999 c 238 art 2 s 91

Minn. R. 7410.2900 Other Restricted Licenses

Subpart 1. Issuance.

When a person has failed, after three attempts, to pass the driver's license examination, but can establish a genuine need to be able to drive, the person may apply for a restricted license. All such applications shall be referred to the chief driver evaluator. The applicant must undergo examination by an examining supervisor, who shall determine the risk involved, and forward written recommendations including, when applicable, suggested basic restrictions, to the chief driver examiner for forwarding to the chief driver evaluator. The chief driver evaluator shall review the entire record and determine whether any driving privileges may be authorized.

Subp. 2. Cancellation.

Any restricted licenses issued shall be subject to cancellation whenever the commissioner determines that the person has violated the restrictions imposed. The commissioner may notify local law enforcement agencies of the issuance of any special restricted license and of the restrictions involved. Any report of a violation of the restrictions shall be referred to the chief driver evaluator for consideration. Any conviction indicating a violation of the restrictions shall result in cancellation. After cancellation no driving privileges may be allowed until the commissioner determines that the licensee can be trusted to operate within the restrictions imposed. Any reinstatement may be conditioned upon compliance with additional restrictions for such period as the commissioner may direct.

History

• Statutory Authority: MS s 171.04; 171.13; 171.14
• History: 17 SR 1279

Minn. R. 7410.3000 Medical Review Board

Subpart 1. Composition.

A medical review board shall be established for each of the various general types of physical and mental qualifications dealt with by parts 7410.2100 to 7410.3000. Each medical review board shall consist of one or more licensed physicians nominated by the state medical association. The physicians shall preferably be specialists in the area to which the problem relates.

Subp. 2. Variance.

A person who disagrees with the determination of the commissioner, may apply, in writing, for a variance from parts 7410.2100 to 7410.2900.

A variance from statutory standards shall not be granted. A variance, other than from statutory standards, shall be granted to any person who establishes, under the individual circumstances in that person's case, that the person can operate a motor vehicle safely, with reasonable and ordinary control, and without posing a danger inimical to public safety or welfare.

Any applicant applying for a variance shall have the treating physician or physicians provide the commissioner with a complete medical history relating to the condition in question, together with good medical reasons why a variance should be granted. The commissioner shall then forward to the appropriate medical review board all information submitted by the applicant together with the commissioner's records relating to the matter. Each physician on the review board shall review the file and make a recommendation to the chair of the review board, who shall communicate the recommendation of the board, whether unanimous or divided, to the commissioner.

Upon receipt of the recommendation of the review board, the commissioner shall reconsider the application, take whatever action the commissioner then deems appropriate, and inform the driver or the applicant of the decision and of the reasons for the decision. This decision shall be reached and the applicant informed of the decision within 60 days of the request for a variance.

History

• Statutory Authority: MS s 171.04; 171.13; 171.14
• History: 17 SR 1279

Minn. R. 7410.4000 Driver's Tests; Purpose and Scope

The purpose of parts 7410.4000 to 7410.5600 is to specify the driver's tests and standards for administering the driver's tests as required to issue a Minnesota driver's license, instruction permit, or license endorsement.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4100 Definitions

Subpart 1. Scope.

The terms used in parts 7410.4000 to 7410.5600 have the meanings given them in this part.

Subp. 2. Commercial motor vehicle.

"Commercial motor vehicle" has the meaning given in Minnesota Statutes, section 171.01, subdivision 22.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Public Safety or authorized examiners or agents of the commissioner.

Subp. 4. Department.

"Department" means the Minnesota Department of Public Safety, Driver and Vehicle Services Division.

Subp. 5. Knowledge test.

"Knowledge test" means a written, electronic, digital, audio, or oral form of examination used for evaluating a person's understanding of specific subject matter.

Subp. 6. License.

"License" has the meaning given in Minnesota Statutes, section 171.01, subdivision 37.

Subp. 7. Motorcycle.

"Motorcycle" has the meaning given in Minnesota Statutes, section 171.01, subdivision 40.

Subp. 8. Motorized bicycle.

"Motorized bicycle" has the meaning given in Minnesota Statutes, section 171.01, subdivision 41.

Subp. 9. Motor vehicle.

"Motor vehicle" has the meaning given in Minnesota Statutes, section 171.01, subdivision 39.

Subp. 10. Record of examination.

"Record of examination" means the prescribed format used by the commissioner to score and record test results.

Subp. 11. Road test or skills test.

"Road test" or "skills test" means the actual physical demonstration of the ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

Subp. 12. School bus.

"School bus" has the meaning given in Minnesota Statutes, section 171.01, subdivision 46.

Subp. 13. State.

"State" has the meaning given in Minnesota Statutes, section 171.01, subdivision 47, except that for the issuance of a license to drive a commercial motor vehicle, state has the meaning given in Code of Federal Regulations, title 49, section 387.5.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4200 Examination Requirements Generally; Contents

Subpart 1. Authorized examiners.

Each applicant for a Minnesota driver's license must be examined by the commissioner according to Minnesota Statutes, section 171.13.

Subp. 2. Examining applicants for every driver's license.

The driver examination must test or demonstrate the applicant's:

A. eyesight;

B. ability to read and understand highway signs regulating, warning, and directing traffic;

C. knowledge of Minnesota traffic laws;

D. knowledge of the effects of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally, and the legal penalties and financial consequences resulting from violations of laws prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs;

E. knowledge of railroad grade-crossing safety;

F. knowledge of slow-moving vehicle safety;

G. knowledge of traffic laws related to bicycles;

H. ability to exercise ordinary and reasonable control in operating a motor vehicle; and

I. safe driving practices.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4220 School Bus Endorsements

Applicants for a school bus endorsement on the driver's license must be examined according to chapter 7414.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4240 Commercial Driver's License and Commercial License Endorsement

An applicant for a commercial driver's license used to operate a commercial motor vehicle and an applicant for the commercial endorsements of hazardous materials, double or triple trailers, passenger, and tanker must be examined according to Code of Federal Regulations, title 49, part 383.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4300 Identification Required

Subpart 1. Documentation required.

Except as provided in subpart 2, the applicant for a driver's license must present documentation of proof of full name, date of birth, and identity as specified in part 7410.0400 to the commissioner before taking any knowledge test, road test, or skills test.

Subp. 2. Failure to present complete documentation for testing.

If the applicant fails to present complete identification at the time of initial examination but has at least a primary identity document as described in part 7410.0400, subpart 2, the commissioner shall administer the test and hold it for up to 30 days at the examination site until the applicant provides complete identification indicating full name, date of birth, and identity.

Subp. 3. Failure to present complete documentation within 30 days.

If the applicant does not present complete documentation within 30 days, the commissioner shall void the test.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4400 Determining Driver Ability or Fitness

Subpart 1. Additional examination; reexamination.

The commissioner is authorized to administer other competency, physical, and mental examinations according to this part and Minnesota Statutes, section 171.13, as the commissioner finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the streets or highways.

Subp. 2. Physical and mental examinations.

Physical and mental examinations are required according to parts 7410.2100 to 7410.3000.

Subp. 3. Reasonable cause for reexamination.

The commissioner may, on a case-specific basis, require reexamination of a licensed driver to determine the individual's ability to exercise reasonable and ordinary control over a motor vehicle upon streets and highways if the commissioner has reasonable cause to believe the individual does not have knowledge of Minnesota traffic laws or cannot exercise reasonable and ordinary control over a motor vehicle.

Subp. 4. Equivalent examination from another state.

If the commissioner determines or has reasonable cause to believe an applicant has not passed an equivalent examination in another state, the commissioner shall require examination of the applicant's ability to understand highway signs that regulate, warn, and direct traffic, ability to understand traffic laws, and ability to operate a motor vehicle safely and legally.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4500 Knowledge Tests; General Requirements

Subpart 1. Knowledge test specific for specific vehicle.

A knowledge test must examine an applicant's understanding of traffic laws, signs, and procedures specific to each type of vehicle for which the applicant desires to be licensed or to receive endorsement.

Subp. 2. Class D driver's license.

A class D knowledge test must be passed to obtain a class D instruction permit or driver's license, or to reinstate a license that was revoked for offenses other than alcohol- or controlled substance-related offenses.

Subp. 3. Commercial driver's license.

A. A commercial driver's license general knowledge test must be passed to obtain a commercial driver's license.

B. Depending on the type and class of vehicle to be driven and endorsements desired, additional commercial license knowledge tests include:

Subp. 4. Motorcycle endorsement or instruction permit.

A motorcycle knowledge test must be passed to obtain a motorcycle instruction permit or motorcycle endorsement on the driver's license.

Subp. 5. Motorized bicycle permit.

A motorized bicycle knowledge test must be passed to obtain a 30-day motorized bicycle operator's instruction permit or a motorized bicycle operator's permit.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4520 Knowledge Test for Driver's License Reinstatement

An applicant who applies for license reinstatement after a loss of driving privileges for an alcohol- or controlled substance-related offense under former or current Minnesota Statutes, section 169.121, 169.123, 169A.20, 169A.52, 169A.54, or 171.17, must pass a test of the applicant's knowledge of:

A. the effects of alcohol and other drugs on the driver's ability to operate a motor vehicle safely and legally; and

B. the legal penalties and financial consequences resulting from violations of laws prohibiting the operation of a motor vehicle while under the influence of alcohol or other drugs.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4540 Knowledge Test Administration

Subpart 1. Uniform practices.

The commissioner shall practice the same testing procedures at all examination sites.

Subp. 2. Application identification required.

All applicants must present identification before taking a knowledge test as required in part 7410.4300.

Subp. 3. Classroom completion required for minor.

A. Before taking a knowledge test, all previously unlicensed applicants under the age of 18 must provide proof to the commissioner of having completed the classroom phase of a department-approved driver's education program.

B. Proof of having completed the classroom course is satisfied by presenting a fully completed, department-authorized certificate of enrollment, with the signature of an authorized official of a department-approved or -licensed driver's education program, or presenting proof of completion in an electronic format specified by the commissioner.

C. If the applicant completed driver's education in another state, an official letter or written or electronically transmitted form attesting to completion of training comparable to Minnesota's requirements and verified by a public, private, or commercial school authority is acceptable proof of completion.

D. If an applicant under the age of 18 already has a permit from another state, the knowledge test may be taken to convert the permit to a Minnesota permit and proof of completion of both the required classroom and behind-the-wheel training must be presented to the commissioner before the road test may be taken.

E. After passing the knowledge test, applicants who are required or desire to obtain an instruction permit shall apply as required by Minnesota Statutes, section 171.06.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4560 Commercial Driver's License Knowledge Test

Subpart 1. Identification required.

An applicant may take a commercial driver's license knowledge test only after presenting to the commissioner the identification required in part 7410.4300.

Subp. 2. Additional requirement for instruction permit.

An applicant who passes the required knowledge tests and desires a Minnesota commercial motor vehicle instruction permit must have an accompanying valid Minnesota driver's license of a class lower than the class of driver's license required to operate the vehicle for which a permit is desired.

Subp. 3. Federal requirements for instruction permit.

A. A Minnesota record of examination marked as a commercial motor vehicle instruction permit requires additional validation as described in Code of Federal Regulations, title 49, section 383.73.

B. The permit is not valid until a check is completed of national driver license information system records.

C. An applicant must provide the department with the information in this item to initiate the records check:

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4580 Motorcycle Knowledge Test

Subpart 1. General requirement.

A motorcycle knowledge test must be given to an applicant for a motorcycle endorsement if the applicant satisfies the requirements in this part.

Subp. 2. Prerequisite.

The applicant must have either a valid out-of-state driver's license or a valid Minnesota driver's license.

Subp. 3. Additional requirement for minor.

An applicant under the age of 18 shall provide proof of having completed a department-approved, two-wheeled vehicle driver's safety course. Proof is satisfied by presenting a fully completed, department-authorized certificate of enrollment with a signature of an authorized official of a licensed or approved driver education program or proof in an electronic format approved by the commissioner.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4600 Motorized Bicycle Operator's Permit

Before taking a knowledge test:

A. An applicant for the motorized bicycle operator's permit must provide to the commissioner proof of having completed a department-approved motorized bicycle safety course. Proof is satisfied by presenting a fully completed, department-authorized certificate of completion with an authorized signature of an authorized official of a licensed or approved driver education program, or by presenting proof of course completion in an electronic format specified by the commissioner.

B. An applicant shall also provide, if the applicant is under the age of 18, a completed affidavit for motorized bicycle operator's permit signed by the applicant's parent or guardian. The signature must either be witnessed by the commissioner or be notarized.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4700 Use of Reference Material Prohibited

Except for an unmarked dictionary, no reference materials, notes, consultations, or electronic devices are allowed during a test. Tests must not be distributed as practice samples. An applicant may not take notes during a test.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4720 Test Review

A. An applicant's test shall be seen and reviewed only by the applicant and the commissioner.

B. An applicant's test shall not be seen or reviewed by a parent, teacher, or other person, except as provided in part 7410.4740.

C. Tests shall not be copied, duplicated, or distributed.

D. An applicant's test shall be reviewed at a time convenient to the commissioner.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4740 Use of Interpreter

A. A foreign language interpreter may be used to facilitate an examination under the following conditions:

B. Upon request, the commissioner shall arrange for an interpreter for an applicant who is deaf, deafblind, or hard-of-hearing.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465; L 2013 c 62 s 32

Minn. R. 7410.4760 Passing Score

A knowledge test is satisfactorily passed if a score of at least 80 percent is obtained.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4780 Repeat Testing

Any type of knowledge test may be attempted only once per day by an applicant with a minimum wait time between tests of not less than one calendar day.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4800 Road and Skills Tests Generally

Road and skills tests must be administered on road or range conditions and encompass a variety of driving situations as specified by the commissioner.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4820 Class D Motor Vehicle Road Test

The road test for a class D vehicle, as defined in Minnesota Statutes, section 171.02, must include a demonstration of the applicant's ability to:

A. perform a vehicle equipment check that includes seat belt, emergency brake, headlights, hazard warning lights, horn, windshield wipers, windshield defroster and fan, mirrors, window glass, and the location of proof of insurance;

B. start, control, and stop the vehicle, including a correct use of transmission;

C. parallel park;

D. park and start on a hill;

E. back up the vehicle;

F. observe and respond to traffic and road conditions, traffic signs, and signals;

G. signal and use lanes correctly for right and left turns;

H. move between lanes and use marked and unmarked lanes correctly; and

I. yield the right-of-way to other drivers and pedestrians when required.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4840 Commercial Motor Vehicle Road Test

A. The road test in a commercial motor vehicle for a commercial driver's license must include a pretrip vehicle inspection, a demonstration of basic vehicle control skills, and a demonstration of street driving skills.

B. The type of pretrip vehicle inspection depends on the vehicle used for the road test.

C. The basic vehicle control skills portion of the commercial driver's license road test must include a forward stop for accuracy, straight-line backing up, and a loading dock maneuver that tests the driver's ability to execute a sight-side backup and to turn the vehicle.

D. The street driving skills portions of the commercial driver's license road test must include a demonstration of the same skills required for class D testing specified in subpart 2. Additionally, the applicant must demonstrate visual search and speed and space management techniques necessary for the safe operation of large and heavy commercial motor vehicles.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4860 Motorcycle Endorsement Skills Test

The skills test required to add a motorcycle endorsement to a Minnesota driver's license is subject to the approval of the commissioner. The test must consist of exercises that measure basic vehicle control and hazard-response skills.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4880 Skills Test for Motorized Bicycle or Three-Wheel Motorcycle

Subpart 1. Basic skills demonstrated.

The skills test required to obtain a motorized bicycle operator's permit must consist of maneuvers that demonstrate basic vehicle control and street riding skills.

Subp. 2. Required for three-wheel motorcycle restriction.

The skills test must also be used for applicants testing to add a three-wheeled motorcycle restriction to a Minnesota driver's license.

Subp. 3. Abilities required.

The test must include the ability to:

A. start and stop the vehicle, and quickly stop the vehicle in an emergency situation;

B. turn complete circles to both the left and right within the confines of a single traffic lane;

C. signal and use lanes correctly for right and left turns;

D. change lanes safely and legally;

E. observe and respond to traffic and road conditions, traffic signs, and signals; and

F. yield the right-of-way to other drivers and pedestrians when required.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4900 Road or Skills Test Administration; General Requirements

Subpart 1. Uniform practices.

The commissioner shall practice the same testing procedures at all examination sites.

Subp. 2. Appropriate vehicle required.

A. A road or skills test must be administered in a motor vehicle representative of the class, as defined in Minnesota Statutes, section 171.02, for which the applicant seeks licensure or endorsement.

B. The road test for a school bus endorsement must be administered in the type of school bus described in the endorsement category in part 7414.0350 that the applicant wants to obtain.

Subp. 3. Identification required.

All applicants, when reporting for a road or skills test, must provide identification as required in part 7410.4300, to an authorized examiner of the commissioner.

Subp. 4. Proof of satisfactory vision.

All applicants, when reporting for a road or skills test, must provide proof of satisfactory vision as described in part 7410.2400. Proof is either:

A. presentation of a record of examination with successful vision screening results issued within the last two years;

B. passing a vision screening at a Minnesota examination site;

C. presenting a completed, department-approved vision certificate; or

D. proof in an electronic format specified by the commissioner.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4920 Road Test for Class D License

Subpart 1. Proof required before taking test.

A. When reporting for the class D driver's license road test, the applicant must provide proof of having passed the class D knowledge test.

B. Proof is satisfied by presenting:

C. Photocopies are not acceptable unless they have an examination site verification and are signed by personnel from the issuing examination station.

D. Facsimile copies are acceptable only if sent by fax from one examination station to another.

Subp. 2. When proof not required.

Proof of having passed a knowledge test is not required if:

A. the applicant has a letter or notice from the department stating that only the road test is required;

B. the currently licensed applicant takes a voluntary road test; or

C. a road test is required to remove a physical or area restriction.

Subp. 3. Additional proof required for minor.

A. A person under the age of 18 reporting for the class D driver's license road test shall also provide proof of having completed a full course of a department-approved or -licensed driver's education program.

B. Proof is satisfied by presenting a fully completed, department-authorized certificate of completion, with the signature of the program's authorized official, or by an electronic format specified by the commissioner.

C. If an applicant under the age of 18 completed the driver's education program in another state, the commissioner shall accept an official letter, written or in electronic form, attesting to completion of training comparable to Minnesota's requirement and verified by a public, private, or commercial school authority.

Subp. 3a. Additional proof optional for minor.

A. An applicant under the age of 18 applying for a Class D driver's license may present proof of completion of a department-established or department-approved supplemental parental curriculum by the primary driving supervisor.

B. Proof of completion is satisfied by presenting a fully completed, department-authorized certification of completion that contains:

Subp. 4. Additional proof required for novice driver.

A. A novice driver reporting for the class D driver's license road test shall also provide proof of having possessed an instruction permit for the time requirement stated in Minnesota Statutes, section 171.05.

B. The applicant shall provide an instruction permit showing it was held for the minimum period of time specified in Minnesota Statutes, section 171.05.

C. If the permit does not indicate compliance with the minimum time periods required, then the commissioner shall verify the length of time the permit was held.

D. If the commissioner is not able to verify the time the permit was held, then the novice driver shall provide a certified copy of a driving record that proves the original permit issue date.

E. A certified driving record from the previous state is required at the time of the road test if any portion of the permit waiting period includes time using an out-of-state permit for practice.

History

• Statutory Authority: MS s 14.06; 14.386; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465; 39 SR 701

Minn. R. 7410.4940 Affidavit for Restricted License for Farm Work

If testing for a restricted farm work driver's license, the applicant shall provide the commissioner with a copy of a property tax statement or rental agreement, and a written statement verifying the necessity for a license as required in Minnesota Statutes, section 171.041. A farm work license affidavit, signed by the applicant's parent or guardian and either signed in the presence of the commissioner or notarized, must be used as the statement verifying the necessity for licensure under Minnesota Statutes, section 171.041.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4960 Road Test for Restricted License for Medical Reason

If an applicant is testing for a restricted driver's license for a medical reason as described in Minnesota Statutes, section 171.042, the applicant must present authorization from the department authorizing the road test and stating the driving limitations. The commissioner shall authorize testing after receiving:

A. a written statement from the applicant's parent or guardian that is signed in the presence of the commissioner or notarized, indicating a medical need; and

B. a written doctor's statement indicating a need for a restricted medical license.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.4980 Proof Required for Motorcycle Skills Test

Subpart 1. Proof of knowledge test.

When reporting for the motorcycle skills test, an applicant must provide proof of having passed a motorcycle knowledge test. Proof is satisfied by the presentation of a written or electronically transmitted record of examination issued within the last two years, or a motorcycle instruction permit that is valid or expired less than one year.

Subp. 2. Additional requirement for minor.

If under the age of 18, a person applying to take the motorcycle skills test shall also provide a completed, department-authorized certificate of completion, signed by an authorized official of a department-approved or -licensed driver's education program motorcycle course, or the certificate of completion in an electronic format specified by the commissioner.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5000 Proof Required for Motorized Bicycle Skills Test or Three-Wheel Motorcycle Restriction

Subpart 1. Proof of knowledge test.

A. When reporting for the motorized bicycle skills test or to add a three-wheel motorcycle restriction to a Minnesota driver's license, the applicant shall provide proof of having passed either:

B. Proof is satisfied by the presentation of a motorized bicycle operator's instruction permit that is valid or expired less than one year, or a record of examination that was issued within the last two years.

Subp. 2. Additional requirement for minor.

If under the age of 18, a person applying to take the motorized bicycle skills test shall also provide a completed affidavit for a motorized bicycle operator's permit signed by the applicant's parent or guardian in the presence of the commissioner or notarized.

Subp. 3. Fee.

If previously issued a motorized bicycle operator's instruction permit, a person applying to take the motorized bicycle skills test shall pay the examination and permit fee required by Minnesota Statutes, section 171.02. An applicant who has paid an examination fee but was not issued a motorized bicycle operator's instruction permit is not required to pay the operator's permit fee at the time of the skills test.

Subp. 4. Restriction on driver's license for minor.

An applicant shall also provide a certificate of completion of an approved motorcycle course if:

A. the applicant is under the age of 18; and

B. the motorized bicycle skills test is being administered for the purpose of adding a three-wheeled motorcycle operator restriction to a Minnesota driver's license.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5020 Proof Required for Commercial Driver's License Road Test

When reporting for a commercial driver's license road test, the applicant must provide a record of examination issued within the last two years as proof of having passed all knowledge tests required for the type and class of motor vehicle driven for the test.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5100 Requirements and Prohibitions While Taking Road Test

Subpart 1. Motor vehicle requirements and conditions.

The applicant shall:

A. provide the motor vehicle to be used for the road or skills test, which must:

B. ensure that the motor vehicle interior is such that:

Subp. 2. Distractions prohibited.

Smoking, eating, drinking a beverage, or using a cellular phone or any other electronic device is prohibited during the test.

Pets or loose objects that may distract, injure, or break are not allowed in the motor vehicle during the road test.

Subp. 3. Presence of unnecessary person prohibited.

No one is allowed in a test vehicle during an actual road test except the driver and any authorized examiners.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5120 Permit Holder Not Accompanied by Licensed Driver

A. If a permit holder subject to Minnesota Statutes, section 171.05, drives to an initial road test without an accompanying licensed driver in the motor vehicle, the commissioner shall administer an initial road test that day.

B. If the permit holder fails the road test, the commissioner shall advise the permit holder that state law prohibits the permit holder from driving alone and that a second or subsequent road test will be administered only if the permit holder returns on another day accompanied by a licensed driver.

C. The commissioner shall not administer a second or subsequent road test to a permit holder who continues to drive to the test site without an accompanying licensed driver in the motor vehicle.

D. The commissioner shall report to law enforcement a permit holder who fails an initial road test and attempts to drive away without an accompanying licensed driver in the motor vehicle or who shows up for a second or subsequent road test without an accompanying licensed driver in the motor vehicle.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5140 Vehicle Safety Check

A. The commissioner shall conduct a vehicle safety check at the time of the road test.

B. Seat belts must be provided if required by law and must work properly.

C. Turn signals and brake lights must be in working condition, except that the driving examiner shall allow one road test to be given when only one brake light is not working. A second test will not be given until the defective brake light is repaired.

D. Except as provided in subitem (1), headlights must be used during the test.

E. All front doors must be operable from both inside and outside the vehicle.

F. The test vehicle must be free of dangerous vehicle conditions or defects such as damaged glass that obstructs vision, tire separation or exposed cord, the absence of a front bumper, excessive play in the steering wheel, exhaust leaks, or inadequate service brakes.

G. Missing items or defects that in the judgment of the commissioner do not pose an imminent safety hazard such as an inoperable horn, inoperable emergency brake, or hazard warning lights, must be listed on the record of examination, but the commissioner shall allow an initial test.

H. Valid, unexpired proof of insurance must be presented at the time of test administration.

I. The commissioner shall not give a second or subsequent test if the equipment listed on the initial record of examination is still missing or defective.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5160 Commercial Vehicle Equipment Safety Standards

Commercial motor vehicles:

A. must be equipped as required by Code of Federal Regulations, title 49, section 392.7 or 392.8 or part 393;

B. must have proof of a current annual inspection as required by Code of Federal Regulations, title 49, section 396.17, and, in the case of a commercial vehicle as defined in Minnesota Statutes, section 169.781, and registered in Minnesota, must display a current Minnesota inspection decal as required in Minnesota Statutes, section 169.781, subdivision 2;

C. must have an operable parking brake, either hydraulic or air supplied, capable of holding the vehicle; and

D. if equipped with air brakes, must have operable air brake systems that meet the safety standards specified in subitems (1) through (3):

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5180 School Bus Equipment Safety Standards

A school bus must:

A. meet the commercial motor vehicle brake safety standards specified in part 7410.5160;

B. be equipped with all headlights, turn signals, and brake lights in working condition and without broken lenses;

C. have an eight-lamp system without defect;

D. have useable side and crossover mirrors;

E. be equipped with an operable emergency door with a working buzzer; and

F. have a first aid and body fluids clean-up kit.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5200 Motorcycle and Motorized Bicycle Equipment Safety Standards

Subpart 1. Motorcycle.

A. Motorcycles must be free of obvious defects that could cause accident or injury during the skills test.

B. The commissioner shall not inspect the vehicle for equipment necessary to legally operate on the street or highway if the skills test is not conducted on a public street or highway.

C. The applicant shall wear a motorcycle helmet approved by the United States Department of Transportation and eye protection.

Subp. 2. Motorized bicycle.

A. Motorized bicycles and three-wheeled motorcycles are tested on the street and must meet the equipment requirements of Minnesota Statutes, section 169.223.

B. Equipment necessary for the motorized bicycle to legally operate on the street includes a headlight, taillight, brake light, horn, mirror, and muffler.

C. The driving examiner shall allow one skills test to be given if the horn or muffler is present, but not operable.

D. The applicant shall wear a helmet approved by the United States Department of Transportation or American National Standards Institute for bicycle riding, and eye protection.

E. An applicant taking a three-wheeled motorcycle test shall wear a helmet and eye protection as specified in subpart 1.

Subp. 3. Physical aids.

A. If an applicant's physical condition requires special equipment on the motor vehicle to operate the motor vehicle, the road test vehicle must be so equipped.

B. If the road test is being taken to remove an equipment restriction, the equipment need not be present on the motor vehicle.

C. An initial examination may be given without special equipment to determine equipment needs.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5300 Road Test Scoring Considerations Generally

Road and skills tests must be scored on the basis of point values assigned to specific driving maneuvers, on the ability of the applicant to perceive risks within the driving environment, and the ability of the applicant to react safely and obey traffic laws.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5320 Events Resulting in Test Failure

The commissioner shall consider a test failed if any event described in items A to L occurs:

A. The commissioner shall immediately discontinue a test if the applicant misses three or more items of the class D motor vehicle equipment demonstration.

B. The commissioner shall immediately discontinue a test if the applicant misses eight or more items of the school bus pretrip inspection, is not able to operate a school bus safety system, or fails to locate the first aid or body fluids clean-up kit.

C. The commissioner shall immediately discontinue a test in a commercial motor vehicle equipped with air brakes if the applicant misses all three of the in-cab air brake inspection items required by Code of Federal Regulations, title 49, section 383.113.

D. A test is failed if the applicant accumulates a point deduction of more than 20 on a class A, B, C, or D road test.

E. A test is failed if the applicant incurs more than three perceived risk errors on a class A, B, C, or D road test.

F. A test is failed if the applicant accumulates a point deduction of more than ten on the motorcycle skills test.

G. A test is failed if the applicant incurs more than three errors scored on the motorized bicycle skills test.

H. A test is failed if the applicant is involved in an accident or crash that could have been prevented by the applicant, regardless of who was responsible. An accident or crash includes contact with another vehicle, a pedestrian, a fixed object, or a parking flag.

I. A test is failed if the applicant violates a traffic law for which a driver might normally be ticketed or arrested.

J. A test is failed if the applicant operates the vehicle in such a way as to commit an action that may endanger people or property. Dangerous actions include:

K. A test is failed if the applicant does not cooperate with the commissioner or the applicant refuses to perform a maneuver.

L. A test is considered failed if the test is not completed because vehicle failure, applicant illness, or weather conditions prevent completion, or the vehicle is disabled in an accident or crash that could not have been prevented.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5340 One Road Test Per Day

Any type of road or skills test may be attempted just once per day by an applicant, except in the case of an incomplete test.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5360 Road Test Failure; Mandatory Practice, Retraining

A. A minimum mandatory practice period is required after each road or skills test failure, except when an applicant is required to be reexamined under Minnesota Statutes, section 171.13, subdivision 3, or for a school bus road test or test conducted by a third-party testing program.

B. A first equipment demonstration failure is not considered a road test failure and no practice period is required.

C. A one-week practice period is required after the first failure of a completed road test.

D. A two-week practice period is required after the second, third, or fourth failure of a completed road test.

E. Pursuant to Minnesota Statutes, section 171.04, subdivision 1, an applicant who fails four road tests must complete six hours of behind-the-wheel training with a department-approved or -licensed driver's education program.

F. The practice periods in items C and D are subject to variance under Minnesota Statutes, section 14.055.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5380 Road Test Following Expired Permit

A. A permit expired less than one year constitutes proof of having passed the required knowledge test, but the expired permit may not continue to be used throughout a sequence of tests, practice periods, or driver's training.

B. One road or skills test is allowed using a permit that has been expired for less than one year.

C. If the road test is failed, the applicant shall renew the instruction permit before practice driving begins.

D. The practice time begins at the time the permit is renewed.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5400 General Waiver Authority

Pursuant to Minnesota Statutes, section 171.13, subdivision 1a, the commissioner may waive the requirement that an applicant for a Minnesota driver's license demonstrate the ability to exercise ordinary and reasonable control in operating a motor vehicle if the commissioner determines the applicant possesses a valid driver's license issued by a state that requires an equivalent demonstration for license issuance and endorsements.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5420 General Waiver for Class D License Test

Subpart 1. Minnesota license holder.

If an applicant for a Minnesota class D driver's license has a Minnesota class D driver's license that has:

A. expired less than one year, then the applicant is not required to pass the class D knowledge test or class D road test; or

B. expired more than one year but less than five years, then the applicant is not required to pass the class D road test.

Subp. 2. Out-of-state license holder.

If an applicant for a Minnesota class D driver's license or permit has a class D driver's license from another state that is valid or not expired more than one year, then the applicant is not required to pass the road test for a Minnesota class D driver's license.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5440 General Waiver for License with Motorcycle Endorsement

Subpart 1. Holder of Minnesota motorcycle endorsement.

If an applicant for a Minnesota driver's license with a motorcycle endorsement has a Minnesota driver's license with a motorcycle endorsement that has:

A. expired less than one year, then the applicant is not required to pass the class D driver's license knowledge test, class D driver's license road test, motorcycle knowledge test, or motorcycle skills test; or

B. expired more than one year but less than five years, then the applicant is not required to pass the class D driver's license road test or motorcycle skills test.

Subp. 2. Holder of out-of-state motorcycle endorsement.

If an applicant for a Minnesota driver's license with a motorcycle endorsement has a driver's license with a motorcycle endorsement from another state that is valid or not expired more than one year, then the applicant is not required to pass the Minnesota class D driver's license road test or motorcycle endorsement skills test.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5460 General Waiver for Commercial Driver's License Test

Subpart 1. Minnesota commercial license holder.

If an applicant for a commercial driver's license has a Minnesota commercial driver's license that has:

A. expired less than one year, then the applicant is not required to pass the class D knowledge test, commercial driver's license general knowledge test, class D road test, or commercial driver's license road test, although:

B. expired more than one year but less than five years, then the applicant is not required to pass the road test for either a class D driver's license or a commercial driver's license.

Subp. 2. Holder of out-of-state commercial license.

A. If an applicant for a Minnesota commercial driver's license has a commercial driver's license from another state that is valid or not expired more than one year, then the applicant is not required to pass the commercial knowledge test, Minnesota class D driver's license road test, or Minnesota commercial driver's license road test for the same class of commercial license.

B. If a hazardous materials endorsement is requested on the commercial license, then the applicant is required to pass the hazardous materials knowledge test.

C. If a school bus endorsement is requested, then the applicant is required to pass the school bus endorsement knowledge test and the school bus endorsement road test as required in chapter 7414.

D. If other endorsements for double or triple trailers, passenger, or tanker are not current and valid, then the applicant is required to pass the applicable test for any of those endorsements.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5480 General Waiver for School Bus Endorsement for Out-of-State Commercial License Holder

If a school bus endorsement on a Minnesota commercial driver's license is requested by an applicant who has a commercial driver's license with a school bus endorsement from another state that is valid or not expired more than one year, then the applicant is not required to pass the Minnesota class D road test or Minnesota commercial driver's license road test. The application, however, must be for the operation of a bus of comparable size.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5500 Out-of-State License Holder Without Driving Privileges

Subpart 1. Driving privileges withdrawn in Minnesota.

A. If an applicant with a driver's license from any other state who has driving privileges withdrawn in Minnesota applies for a Minnesota driver's license, then the applicant is required to meet all conditions for license reinstatement in Minnesota, including payment of all applicable reinstatement fees specified in Minnesota Statutes, sections 171.20 and 171.29, before the waivers in parts 7410.5400 to 7410.5600 apply.

B. If the driving privileges of the out-of-state license holder were withdrawn in Minnesota and the out-of-state license is expired for one year or less, then the road test for a class D driver's license is waived.

C. The applicant is required to pass the class D driver's license knowledge test unless the applicant has a Minnesota driver's license that is current or expired less than one year.

D. If driving privileges are withdrawn for a violation under Minnesota Statutes, chapter 169A, or former Minnesota Statutes, section 169.121, 169.123, or 171.17, the applicant must pass a knowledge test on the effects of alcohol and drugs as described in part 7410.4520.

Subp. 2. Driving privileges withdrawn in any other state.

If an applicant's driving privileges are withdrawn in any other state and the applicant applies for a driver's license in Minnesota, then the applicant's driving privileges must be reinstated in all other states before the applicant is eligible for driving privileges in Minnesota and for a waiver of the test requirements specified in parts 7410.5400 to 7410.5600.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5520 Test Waivers for License Revoked for Dwi-Related Offense

If an applicant for a Minnesota driver's license has a Minnesota driver's license that has been revoked under Minnesota Statutes, chapter 169A, or former or current Minnesota Statutes, section 169.121, 169.123, or 171.17, then the applicant is required to pass a test on the effects of alcohol and drugs as described in part 7410.4520, and pay all applicable license reinstatement fees specified in Minnesota Statutes, section 171.29, before a waiver is applicable. If the applicant's driver's license has been revoked, and the license is expired:

A. less than one year, then the applicant is not required to pass the:

B. more than one year but less than five years, then the applicant is not required to pass the:

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5540 License with Motorcycle Endorsement Revoked for Non-Dwi-Related Traffic Offense

If an applicant for a Minnesota driver's license with a motorcycle endorsement has a Minnesota license with a motorcycle endorsement and driving privileges that have been revoked for a traffic offense other than one specified in Minnesota Statutes, chapter 169A, or former or current Minnesota Statutes, section 169.121, 169.123, or 171.17, then the applicant is required to pay the license reinstatement fee specified in Minnesota Statutes, section 171.29, before a waiver is applicable. If the applicant's driver's license has been revoked, and the license is expired:

A. less than one year, then the motorcycle endorsement knowledge test, the class D driver's license road test, and the motorcycle endorsement skills test are waived; or

B. more than one year but less than five years, then the class D driver's license road test and motorcycle endorsement skills test are waived.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5560 Commercial License Revoked

Subpart 1. License revoked for alcohol or drug-related offense.

A. If an applicant for a Minnesota commercial driver's license has a Minnesota commercial driver's license that has been revoked for a violation of Minnesota Statutes, chapter 169A, or former or current Minnesota Statutes, section 169.121, 169.123, or 171.17, then the applicant is required to pass a test on the effects of alcohol and other drugs as specified in part 7410.4520, and pay the license reinstatement fees specified in Minnesota Statutes, section 171.29, before a waiver is applicable.

B. If the applicant also has a hazardous materials endorsement, then the applicant is required to pass the hazardous materials knowledge test.

C. If the applicant's commercial driver's license has been revoked, and the license is expired less than one year, then the class D driver's license road test, commercial driver's license road test, and all knowledge tests, except the hazardous materials endorsement knowledge test and school bus endorsement knowledge test, are waived.

D. If the applicant's commercial driver's license has been revoked and the license is expired more than one year but less than five years, then the commercial driver's license road test is waived.

Subp. 2. License or endorsement revoked for non-DWI-related offense.

If an applicant for a Minnesota commercial driver's license or endorsement has a Minnesota commercial driver's license or endorsement that has been revoked for a traffic offense other than one specified in Minnesota Statutes, chapter 169A, or former or current Minnesota Statutes, section 169.121, 169.123, or 171.17, then the applicant is required to pay the reinstatement fee in Minnesota Statutes, section 171.29, before a waiver is applicable. If the applicant's commercial driver's license or endorsement has been revoked and the license is expired:

A. less than one year, then the class D driver's license road test, commercial driver's license road test, and all knowledge tests, except the hazardous materials endorsement and school bus endorsement knowledge tests, are waived; or

B. more than one year but less than five years, the class D driver's license road test and commercial driver's license road test are waived.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.5600 Variance for Additional Case-Specific Test Waivers

A. The commissioner of public safety may grant a variance from the test requirements and waivers specified in parts 7410.4000 to 7410.5560 on a case-by-case basis only.

B. If an individual cannot comply with the test requirements for a driver's license, then the individual may request a variance. The request must be in writing, be submitted to the commissioner, and:

C. The commissioner shall grant the variance request for a test waiver if:

D. The commissioner shall notify the individual requesting a test waiver variance in writing of the commissioner's decision to grant or deny the variance within 60 days of receipt of the request. If the variance request is denied, the commissioner shall specify the reasons for the denial.

History

• Statutory Authority: MS s 14.06; 171.04; 171.13; 171.165; 299A.01
• History: 27 SR 465

Minn. R. 7410.6000 Definitions

Subpart 1. Scope.

The terms used in parts 7410.6000 to 7410.6540 have the meanings given them in this part.

Subp. 2. Applicant.

"Applicant" means an entity applying for approval to be a third-party testing program.

Subp. 3. Commercial driver's license.

"Commercial driver's license" means a license issued by the commissioner to operate a commercial motor vehicle.

Subp. 4. Entity.

Unless otherwise expressly described or limited, "entity" includes an individual, natural person, and a legal or corporate person, however organized.

Subp. 5. Letter of approval.

"Letter of approval" means the document issued by the commissioner to the third-party tester program authorizing the program to administer approved tests on behalf of the commissioner.

Subp. 6. Third-party tester.

"Third-party tester" means an individual who is an employee of a third-party testing program who has qualified for a third-party tester certificate issued by the commissioner granting the individual authorization to conduct road tests or skills tests.

Subp. 7. Third-party tester certificate.

"Third-party tester certificate" means a certificate issued by the commissioner to the third-party tester authorizing the third-party tester to administer road tests and skills tests on behalf of a specified third-party testing program.

Subp. 8. Third-party testing program.

"Third-party testing program" means a program authorized by the commissioner to administer to an individual the road test or skills test as defined in part 7410.4100, subpart 11.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6100 Third-Party Testing Program Eligibility

Subpart 1. Designation.

To be designated by the commissioner as a third-party testing program, an entity must meet one of the program categories specified in this part.

Subp. 2. Motor carrier.

A third-party testing program that is a motor carrier must:

A. be registered as a business with the secretary of state;

B. own or lease, and operate, its own commercial motor vehicles;

C. administer commercial driver's license road tests and any necessary endorsement tests to operate the commercial motor vehicles; and

D. administer tests only to employees of the business.

Subp. 3. School bus company.

A third-party testing program that is a school bus company must:

A. be registered as a business with the secretary of state;

B. own or lease, and operate, its own school buses;

C. administer road tests and any necessary endorsement tests to operate the school buses; and

D. administer tests only to employees of the company.

Subp. 4. Postsecondary school.

A third-party testing program that is a postsecondary school must:

A. be a public institution regulated by the North Central Association of Colleges and Schools under Minnesota Statutes, chapter 124D, or be a public institution regulated by the board of trustees of the Minnesota state colleges and universities;

B. own or lease its own vehicles used for testing, or contract to operate government-owned vehicles;

C. offer courses in operating commercial motor vehicles or motorcycles;

D. administer commercial driver's license road and endorsement tests or motorcycle endorsement skills tests; and

E. administer tests only to students enrolled full time who complete courses offered by the institution.

Subp. 5. School district.

A third-party testing program that is a school district must:

A. own or lease, and operate, its own school buses;

B. administer road tests and any necessary endorsement tests to operate a school bus; and

C. unless a bilateral agreement has been approved by the commissioner under part 7410.6460, administer tests only to employees of the district.

Subp. 6. Motorcycle safety course.

A third-party testing program that is a motorcycle safety course must:

A. be licensed as a commercial driver's education program under chapter 7411;

B. be registered as a business with the secretary of state or have a tax identification number as a nonprofit organization;

C. own or lease its own motorcycles used for testing, or contract to operate government-owned motorcycles;

D. administer skills tests and any necessary endorsement tests to operate a motorcycle; and

E. administer tests only to students 18 years of age and older who are enrolled full time in the program's motorcycle course and who complete the course.

Subp. 7. Public transit authority.

A third-party testing program that is a public transit authority must:

A. own and operate its own commercial passenger buses;

B. administer road tests and any necessary endorsement tests to operate a bus; and

C. administer tests only to employees of the authority.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6120 Application Requirements Generally

Subpart 1. Commercial driver's license and motorcycle endorsement requirements.

The applicant shall apply to the commissioner for approval to be a third-party testing program authorized to administer road tests for a commercial motor vehicle license or endorsement pursuant to Code of Federal Regulations, title 49, section 383.75, or to administer a skills test for a motorcycle endorsement.

Subp. 2. Application made to commissioner.

Application to be a third-party testing program must be made to the commissioner and provide the information in part 7410.6280. Road tests and skills tests must not be conducted until the program is approved by the commissioner.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6140 Location Requirement

To qualify as a third-party testing program, the applicant must be located in the state and must maintain an administrative office in at least one permanent, regularly occupied building with a permanent address.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6160 Employment Requirement for Business Applicant

A business applicant for commercial motor vehicle licensure or endorsements must employ at least 50 individuals, each of whom must hold a valid commercial driver's license issued by a United States state, including part-time and seasonal employees.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6180 [Repealed, L 2024 c 104 art 1 s 110]

[Repealed, L 2024 c 104 art 1 s 110]

Minn. R. 7410.6200 Motorcycle Endorsement Testing Program

Subpart 1. Licensed as commercial driving school.

An entity applying to be a third-party testing program for a motorcycle endorsement must comply with chapter 7411 and Minnesota Statutes, sections 171.33 to 171.39 as a driver education program.

Subp. 2. Employment of certified tester.

A third-party testing program for a motorcycle endorsement must employ at least one certified third-party tester who holds a valid driver's license with a motorcycle endorsement.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6220 Relationship to Business Operation, Ownership, or Training

A. The applicant must show proof of operation, ownership, or training related to commercial motor vehicles or motorcycles in the state for at least two years before the date of application.

B. If a business applicant has changed ownership, the new owner may use the previous owner's years of operation in the calculation of the two-year time period.

C. A new owner must reapply for approval as a third-party testing program.

D. No road tests or skills tests may be conducted until the new owner is approved by the commissioner.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6240 Safety Rating

If the applicant is subject to federal motor carrier safety regulations, the applicant must have a Minnesota Department of Transportation safety rating of at least "satisfactory."

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6260 Employment of Certified Tester

The applicant must employ at least one certified third-party tester who meets the qualifications in part 7410.6120.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6280 Application Contents

To apply for approval as a third-party testing program, an applicant must complete an application containing the information specified in this part:

A. business name; name of the school, college, or university; or name of the public authority;

B. business registration number if a business, or tax identification number if a not-for-profit entity;

C. address of the administrative office;

D. telephone number, fax number, and email address;

E. name of an authorized official responsible for the program and application, and the official's title and telephone number;

F. description of type of entity;

G. number of years in operation;

H. number of commercial motor vehicles or motorcycles owned or operated;

I. for a business entity, the number of drivers employed as specified in part 7410.6160 or 7410.6200;

J. designation of the class of motor vehicle and endorsements to be administered for road tests or skills tests;

K. the addresses of all locations where examinations will be administered;

L. a description of the off-road facilities to be used for road tests and skills tests;

M. a map, drawing, or written description of the test route to be used for commercial vehicle road tests;

N. the name, birth date, home address, and driver's license number of all individuals the applicant wants to employ as a certified third-party tester;

O. attestation that the applicant carries the required insurance as described in Minnesota Statutes, chapter 65B, for all vehicles used for testing; and

P. attestation by the authorized official that the information submitted is true and accurate.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6290 Test Site Evaluation

The commissioner shall evaluate the application submitted by the third-party testing program applicant and, if the application is satisfactory, schedule an on-site inspection of each testing site.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6300 Commissioner's Letter of Approval

A. Upon approval, the commissioner shall issue a letter of approval to designate a third-party testing program.

B. The letter of approval must specify the state law and rules and federal regulations authorizing the third-party testing program to administer tests.

C. The letter of approval must specify the road tests and skills tests the program is authorized to administer.

D. The letter of approval constitutes an agreement between the state and the third-party testing program administering road tests for a commercial driver's license or a motorcycle endorsement.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6320 Indemnification

An applicant shall agree to indemnify and hold harmless the state and all state officers, employees, and agents of the state from and against all claims, losses, damages, costs, and other proceedings made, sustained, brought, or prosecuted in any manner based on or occasioned by or attributive to any injury, infringement, or damage rising from any act or omission of the third-party testing program or the program's employees in the performance of testing duties.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6340 Audits

Subpart 1. Random examinations, inspections, and audits.

An applicant shall agree to allow representatives of the Federal Highway Administration and the commissioner, on behalf of the state, to conduct random examinations, inspections, and audits of the testing operation without prior notice.

Subp. 2. On-site inspections.

An applicant shall permit on-site inspections by agents of the commissioner as necessary to determine compliance with parts 7410.6000 to 7410.6540.

Subp. 3. Examination of test administration.

On at least an annual basis, agents of the commissioner who are state employees must be permitted to:

A. take the tests actually administered by the third-party testing program as if the state employees were test applicants;

B. test a sample of drivers who were examined by the third-party testing program to compare pass/fail results; or

C. conduct a road test or skills test simultaneously with the third-party tester to compare test results.

Subp. 4. Notice of test schedule.

Upon request, no less than 48 hours in advance, the third-party testing program shall provide the commissioner with the schedule times and dates that skill tests and road tests are to be given.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6360 Use of Certified Third-Party Testers

The third-party testing program shall allow only individuals who have been certified by the commissioner as third-party testers under part 7410.6440 to administer road tests or skills tests to persons to operate commercial motor vehicles or motorcycles. The program shall maintain, on file in the program's administrative office, a copy of the valid certificate of each third-party tester employed by the program.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6380 Test Proof

The third-party testing program shall provide a record of examination, on a format obtained from or approved by the commissioner, to an individual who has passed a road test or skills test for a commercial motor vehicle license or endorsement, or motorcycle endorsement. The record of examination, which must be presented at the time of application for a commercial driver's license or endorsement or for a motorcycle endorsement, must specify that the individual has passed the required test or tests administered by the third-party testing program.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6400 Existing Third-Party Testing Programs and Certified Testers

Subpart 1. Existing third-party testing programs.

A third-party testing program approved before January 1, 2002, may continue as a third-party testing program if the program continues to meet the requirements in parts 7410.6000 to 7410.6540.

Subp. 2. Existing certified third-party testers.

Third-party testers certified before January 1, 2002, may continue as a certified third-party tester if the examiner continues to meet the qualifications in parts 7410.6000 to 7410.6540.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6420 Third-Party Tester Qualifications

Subpart 1. Generally.

To be certified as a third-party tester, an individual must make application to, and be approved by, the commissioner as specified in this part. The individual must:

A. possess a valid driver's license;

B. be at least age 21;

C. be a licensed driver in a United States state for the past three years;

D. before the date of application, have maintained continuous valid driving privileges for the past year;

E. successfully pass a prequalifying tester examination;

F. be an employee of a third-party testing program;

G. successfully complete the test administration training required of state-employed examiners; and

H. have the class of driver's license and endorsements to operate the type of vehicles for which the road tests and skills tests are administered.

Subp. 2. State employee.

A certified third-party tester may not be an employee of the Minnesota Department of Public Safety.

Subp. 3. Driver education instructor.

Except for an instructor in a licensed or approved motorcycle driver education program, a third-party tester may not simultaneously be an instructor in a licensed or approved driver education program.

Subp. 4. Motorcycle tester qualifications.

All third-party testers employed by a third-party testing program for a motorcycle endorsement must be currently certified as Motorcycle Safety Foundation instructors. An instructor must meet the certification standards specified for a rider coach in the Motorcycle Safety Foundation Basic Rider Course Curriculum Manual, 2001. The manual is incorporated by reference, is not subject to frequent change, and is available for viewing through the interlibrary loan system. A copy of this manual may be obtained from the Motorcycle Safety Foundation, 2 Jenner Street, Suite 150, Irvine, CA 92618-3806.

Subp. 5. Employment.

A certified third-party tester must have a certificate for each third-party testing program that employs the tester. The tester must reapply and be approved for a new certificate to conduct tests on behalf of a new third-party testing program. The tester may be simultaneously employed by more than one program.

Subp. 6. Maintaining certification.

To maintain certification as a third-party tester, an individual must:

A. conduct at least 12 road tests or skills tests annually over each 24-month period from the date of initial issuance of a third-party tester certificate;

B. be evaluated at least annually on the administration of tests and record keeping;

C. attend annual in-service training, workshops, or seminars provided by the commissioner;

D. submit monthly testing reports in a format specified by the commissioner;

E. account for all record of examinations issued by the commissioner to a third-party tester and submit the record of examination immediately to the commissioner after completing a road test or skills test; and

F. provide proof that all tests administered were to employees of the third-party testing program or to students enrolled full time in a commercial truck driver training course or motorcycle training course.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6440 Certificates and Letter of Approval

Subpart 1. Letter of approval; agreement.

The commissioner shall issue a letter of approval indicating agreement that the third-party testing program may administer road tests or skills tests.

Subp. 2. Tester certificates.

The commissioner shall issue a certificate to each commissioner-approved third-party tester of a third-party testing program.

A. A copy of the certificate of each third-party tester employed by a third-party testing program must be on file in the office of the third-party testing program.

B. A third-party tester's certificate is effective on the date of issuance by the commissioner and expires four years after issuance.

C. A third-party tester may not conduct road tests or skills tests without a valid third-party tester certificate.

Subp. 3. Not transferable.

A letter of approval to operate a third-party testing program and any tester certificate is not transferable.

Subp. 4. Certificate renewal time frame.

An application for renewal of a third-party tester's certificate must be submitted to the commissioner no less than 30 days before the date the previously issued certificate expires.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6460 Test Administration

Subpart 1. Generally.

Road tests and skills tests conducted by a third-party tester must meet the requirements in parts 7410.4000 to 7410.5600.

Subp. 2. Third-party tester restrictions.

A third-party tester shall not:

A. test a driver who does not possess a valid Minnesota driver's license;

B. delegate any portion of testing to another individual;

C. test an individual who is not a bona fide employee of a third-party testing program, or test an individual who is not enrolled as a full-time student of the third-party testing program;

D. test a person related to the tester by blood, marriage, or adoption;

E. test any person for a fee;

F. test anyone with a physical disability who may need an individualized restriction added to the person's driver's license; or

G. test anyone who has not completed all course work and exercises before administering a road test or skills test.

Subp. 3. Repeat test limit.

A. A third-party testing program may administer a second skills or road test to a student who has failed the initial skills or road test only if the student:

B. A student who completes a third-party testing program's driver's education course and twice fails the skills or road test administered by the program, may only take subsequent skills or road tests administered by state examiners.

Subp. 4. Bilateral agreements.

Subpart 2, item C notwithstanding, a third-party testing program that is a school district that owns or operates school buses may enter into an agreement with other school districts to test the other district's school bus driver employees.

A. The agreement must be submitted to the commissioner with the application for approval to be a third-party testing program.

B. Certified third-party testers must be employed by the school district providing the test services.

Subp. 5. Testing contingencies.

A third-party testing program must inform each test applicant that:

A. test results and test passage are contingent upon:

B. state examiners may retest a student or employee if:

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6480 Record Keeping

Subpart 1. Records of administered tests.

An approved third-party testing program shall maintain at the program's administrative offices, for a minimum of three years, the tester's copy of the record of examination of any driver for whom the third-party testing program conducts a test, whether or not the driver passes or fails the test. Each record of examination must include:

A. the full name of the driver;

B. the date the driver took the test; and

C. the name and certificate number of the third-party tester conducting the test.

Subp. 2. Records of third-party testers.

The third-party testing program shall maintain, at the program's administrative offices, a record of each third-party tester in the employ of the third-party testing program at that location. Each record must include:

A. a valid and complete tester certificate indicating the third-party tester has met all qualifications;

B. a copy of the third-party tester's current driving record, which must be updated annually;

C. evidence that the third-party tester is an employee of the third-party testing program; and

D. verification that tests were only administered to employees of the third-party testing program, or to students enrolled full-time in a truck driver training or motorcycle driver education program.

Subp. 3. Record retention.

The third-party testing program shall retain all third-party tester records for three years after a third-party tester leaves the employ of the third-party testing program.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6500 Notification Requirements

Subpart 1. In general.

The third-party testing program shall ensure that the commissioner is notified in writing or by electronic means:

A. 30 days before any change in the third-party testing program's name or address;

B. ten days before any change in the third-party tester employed by the third-party testing program;

C. within ten days of a change in a third-party tester's driving status;

D. within ten days of the third-party testing program ceasing business operations in Minnesota; or

E. within ten days of a third-party tester:

Subp. 2. Test route change.

Before changing a test route, a third-party testing program must submit a written request and obtain written approval from the commissioner for any proposed change in the road test route. The request may be submitted by facsimile or electronic mail.

Subp. 3. Tester change.

A third-party tester shall notify the commissioner within ten days of leaving the employ of a third-party testing program.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6510 Reporting Requirements

The third-party testing program shall report the number of skills tests administered annually by all third-party testers employed by the program. The report must be in writing or in an electronic format approved by the commissioner and must be received by the commissioner within 45 days of the end of each calendar year.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6520 Denial, Cancellation, or Suspension of Program or Tester Certificate

Subpart 1. Denial.

The commissioner may deny an application for a third-party testing program or tester certificate if the applicant does not qualify for approval or certification under parts 7410.6000 to 7410.6500. In addition, a misstatement or misrepresentation is grounds for denying a letter of approval or tester certificate.

Subp. 2. Cancellation or suspension.

The commissioner reserves the right to cancel the delegation of third-party testing in its entirety or an individual program if a federal audit indicates that continuation of the general delegation or individual program will jeopardize the receipt of federal funds or the state's ability to issue commercial drivers' licenses. The commissioner may cancel the approval of a third-party testing program or third-party tester or may suspend a program or tester for:

A. failure to comply with or satisfy any provision of parts 7410.6000 to 7410.6520;

B. falsification of any records or information relating to the third-party testing program;

C. performance in a manner that compromises the integrity of the third-party testing program; or

D. the withdrawal of a third-party tester's driving privileges.

Subp. 3. Commissioner's discretion.

The existence of grounds for cancellation or suspension under subpart 2 is determined at the sole discretion of the commissioner. If the commissioner determines that grounds for cancellation or suspension exist for failure to comply with or satisfy any requirement in parts 7410.6000 to 7410.6520, the commissioner may immediately cancel or suspend the third-party testing program or third-party tester from administering any further tests.

Subp. 4. Correction order.

If an audit by the commissioner identifies a situation that needs correction but does not merit suspension or cancellation, the commissioner may issue a correction order to a third-party tester or program for 30 days to correct a deficiency before the program or tester becomes subject to suspension or cancellation. The third-party testing program or third-party tester is permitted 30 days to correct the deficiency without having to reapply.

Subp. 5. Notice of denial or cancellation; request for reconsideration and hearing.

When an application to be a third-party testing program or third-party tester application is denied, or when individual program approval or a tester's certificate is canceled, a notice must be mailed to the subject indicating the reasons for the denial or cancellation and that a reconsideration and hearing of the action may be requested.

A. The notice must indicate that the subject of the action has 20 calendar days from the date of the notice to submit a request for reconsideration in writing to the commissioner.

B. The commissioner shall review the request for reconsideration and issue a decision within 30 days of receipt of the request.

C. Upon receipt of the commissioner's decision, the affected party may request a contested case hearing under chapter 1400 and Minnesota Statutes, chapter 14.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Minn. R. 7410.6540 Variance

Except for part 7410.6460, subpart 5, item A, subitem (1), parts 7410.6000 to 7410.6520 are not subject to variance. When considering a variance to part 7410.6460, subpart 5, item A, subitem (1), the procedures in Minnesota Statutes, section 14.056, apply and the commissioner shall consider the hardship placed on the employee and circumstances presented that are beyond the employee's control.

History

• Statutory Authority: MS s 299A.01
• History: 27 SR 1635

Chapter 7411 DRIVER EDUCATION

Minn. R. 7411.0100 Definitions

Subpart 1. Scope.

The terms used in parts 7411.0100 to 7411.2000 have the meanings given them in this part.

Subp. 2.

[Repealed, 14 SR 2583]

Subp. 2a.

[Repealed, 28 SR 1167]

Subp. 3.

[Repealed, 14 SR 2583]

Subp. 4. Certificate of approval.

"Certificate of approval" means the written document issued by the commissioner to a public or private driver education program indicating the department's approval of the driver education program under Minnesota Statutes, section 171.05; and parts 7411.0100 to 7411.2000.

Subp. 5.

[Repealed, 28 SR 1167]

Subp. 6. Class A vehicle.

"Class A vehicle" means a vehicle that requires its operator to have a class A commercial driver's license with proper endorsement before it may be driven, under Minnesota Statutes, section 171.02, subdivision 2.

Subp. 7. Class B vehicle.

"Class B vehicle" means a vehicle that requires its operator to have only a class B commercial driver's license with proper endorsement before it may be driven, under Minnesota Statutes, section 171.02, subdivision 2, but may also be operated by the holder of a class A commercial driver's license with proper endorsement.

Subp. 8. Class C vehicle.

"Class C vehicle" means a vehicle that requires its operator to have a class C commercial driver's license with proper endorsement before it may be driven, under Minnesota Statutes, section 171.02, subdivision 2, but may also be operated by the holder of a class A or class B driver's license with proper endorsement.

Subp. 8a. Class D vehicle.

"Class D vehicle" means a vehicle that requires its operator to have a class D driver's license or permit before it may be driven, under Minnesota Statutes, section 171.02, subdivision 2, but may also be operated by the holder of a class A, class B, or class C commercial driver's license with proper endorsement. A motorcycle or motorized bicycle is not a class D vehicle for purposes of parts 7411.0100 to 7411.2000.

Subp. 9. Commercial driver training school.

"Commercial driver training school" has the meaning given in Minnesota Statutes, section 171.33, subdivision 1.

Subp. 10. Commissioner.

"Commissioner" means the commissioner of the Department of Public Safety or an authorized agent of the commissioner.

Subp. 10a. Concurrent driver education program.

"Concurrent driver education program" means a class D motor vehicle program requiring a minimum of 15 hours of classroom instruction, followed by the remaining minimum 15 hours of classroom instruction provided with concurrent behind-the-wheel instruction.

Subp. 10b. Consecutive driver education program.

"Consecutive driver education program" means a class D motor vehicle program that provides a student with classroom instruction followed by behind the wheel instruction.

Subp. 11.

[Repealed, 28 SR 1167]

Subp. 11a. Date first put into service.

"Date first put into service" means the date a motor vehicle was first driven more than the limited driving necessary to move or road test the vehicle before delivery to a customer.

For a motor vehicle used by a dealer as a demonstration model, "date first put into service" means either the date the motor vehicle was first driven by a potential customer or, if records are not available to show this date, then the date of the beginning of the model year of the motor vehicle.

Subp. 11b. Dealer.

"Dealer" means an entity licensed under chapter 7400 and Minnesota Statutes, section 168.27.

Subp. 11c. Department.

"Department" means the Department of Public Safety.

Subp. 12. Driver education program; program.

"Driver education program" or "program" means:

A. a commercial driver training school licensed by the commissioner; or

B. a private or public driver education program approved by the commissioner. A driver education program includes instruction to operate a:

Subp. 12a. Duty status record-keeping offense.

"Duty status record-keeping offense" means a violation of a Federal Motor Carrier Safety Administration regulation codified in Code of Federal Regulations, title 49, section 395.8, as amended.

Subp. 13. Good cause to believe.

"Good cause to believe" means grounds put forth in good faith that are not arbitrary, irrational, unreasonable, or irrelevant and are based on at least one of the sources specified in this subpart:

A. written information from an identified person;

B. facts supplied by the program, instructor, or applicant;

C. driver's license or accident records;

D. court or police records; or

E. facts of which the commissioner or the commissioner's agents have personal knowledge.

Subp. 14. Hazardous material.

"Hazardous material" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 16.

Subp. 15. Hazardous substance.

"Hazardous substance" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 17.

Subp. 16. Hazardous waste.

Hazardous waste" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 18.

Subp. 17. Instruction.

"Instruction" means lecture, tutoring, practice driving, lessons, or other teaching method approved by the commissioner to teach the proper operation of a motor vehicle.

A. One hour of instruction time means 60 minutes of actual instruction.

B. Breaks and time between instruction are not counted as instruction time.

Subp. 18. Instructor.

"Instructor" means any person of a public, private, or commercial program, who meets the qualifications in parts 7411.0620 to 7411.0690 and provides instruction to a person:

A. learning to operate a motor vehicle;

B. preparing to take an examination for a driver's license; or

C. training to be an instructor.

Subp. 19. Laboratory instruction.

"Laboratory instruction" means either:

A. behind-the-wheel instruction in a class A, B, C, or D motor vehicle;

B. instruction astride a motorcycle or motorized bicycle;

C. simulation instruction as described in part 7411.0525; or

D. range instruction as described in part 7411.0555.

Subp. 19a. License.

"License" means either:

A. the document issued by the commissioner authorizing the operation of a commercial driver training school under this chapter and Minnesota Statutes, sections 171.33 to 171.41; or

B. the document issued by the commissioner under Minnesota Statutes, section 171.35, authorizing a person to act as an instructor in a commercial driver training school.

Subp. 20.

[Repealed, 34 SR 767]

Subp. 20a. Motor vehicle.

"Motor vehicle" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 39.

Subp. 21. Motorcycle.

"Motorcycle" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 40.

Subp. 21a. Motorized bicycle.

"Motorized bicycle" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 41.

Subp. 22. Parking or motor vehicle equipment offense.

"Parking or motor vehicle equipment offense" means a violation of:

A. Minnesota Statutes, section 169.34 (stopping and parking prohibitions), 169.346 (parking privileges for persons with disabilities), 169.35 (parking requirements), or 169.47 (unsafe equipment); or

B. an ordinance in conformity with these sections.

Subp. 22a. Passenger or student observation time.

"Passenger or student observation time" means time spent by an enrollee in a program, in a motor vehicle, observing a person operate the motor vehicle.

Subp. 22b. Private program.

"Private program" means a program regulated by a board of directors and registered with the secretary of state as a nonprofit corporation that:

A. assumes administration of the driver education program;

B. assumes liability for the driver education program; and

C. provides instruction with instructors who meet the driver education instructor qualifications in parts 7411.0620 to 7411.0690.

Subp. 22c. Public program.

"Public program" means a program that provides instruction to operate any class of motor vehicle to any individual under the age of 18 and the program is an elected or appointed authority of state or local government that:

A. directly regulates and supervises the program;

B. insures or indemnifies all program activities; and

C. provides instruction with instructors who meet the driver education instructor qualifications in parts 7411.0620 to 7411.0690.

Subp. 22d. Range.

"Range" means a driving area not on a public street or highway, that simulates driving situations.

Subp. 22e. Range driving.

"Range driving" means that portion of the laboratory instruction where an instructor is positioned outside a motor vehicle but remains in electronic or oral communication with the student driver, and in visual contact with the motor vehicle.

Subp. 23. Semitrailer.

"Semitrailer" has the meaning given it in Minnesota Statutes, section 169.011, subdivision 72.

Subp. 23a. Simulator; simulation.

"Simulator" or "simulation" means instruction that uses computer-based equipment that reproduces driving situations likely to occur in actual driving performance on the street or highway.

Subp. 24. Traffic violation.

"Traffic violation" means a violation of a traffic law or ordinance involving the movement or operation of a motor vehicle that is not:

A. a parking or motor vehicle equipment offense, a duty status record-keeping offense, or an offense involving the nonpayment of a fine or child support;

B. a violation under Minnesota Statutes, section 169.09 (accident stop or reporting), or a comparable law of another state; or

C. a violation under Minnesota Statutes, section 65B.48 (motor vehicle insurance), or a comparable law of another state.

Subp. 25. Truck-tractor.

"Truck-tractor" has the meaning given it in Minnesota Statutes, section 169.011, subdivision 89.

Subp. 26. Vehicle.

"Vehicle" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 50.

Subp. 27. Vulnerable road user.

"Vulnerable road user" has the meaning given in Minnesota Statutes, section 169.011, subdivision 92b.

Subp. 28. Work zone.

"Work zone" has the meaning given in Minnesota Statutes, section 169.011, subdivision 95.

History

• Statutory Authority: MS s 14.06; 14.386; 14.388; 121A.36; 126.115; 169.26; 169.446; 169.974; 171.02; 171.04; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 14 SR 2583; 17 SR 2282; 21 SR 458; 21 SR 716; 23 SR 1931; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 28 SR 1167; 34 SR 767; L 2014 c 255 s 21; 39 SR 356; 50 SR 809

Minn. R. 7411.0200 Purpose

The purpose of parts 7411.0100 to 7411.2000 is to license or approve driver education programs as required under Minnesota Statutes, sections 169.446, subdivisions 2 and 3 (school bus safety education); 169.974, subdivision 2 (motorcycle courses); 171.02, subdivision 3 (motorized bicycle course); 171.05 (public and private driver education programs); and 171.33 to 171.41 (commercial driver training schools).

History

• Statutory Authority: MS s 14.06; 14.388; 121A.36; 126.115; 169.26; 169.446; 169.974; 171.02; 171.04; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 14 SR 2583; 21 SR 458; 23 SR 1931; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 28 SR 1167

Minn. R. 7411.0210 Applying for Driver Education Program License or Approval

Subpart 1. Commercial school licensure.

To operate a commercial driver training school, a person must apply for a license and comply with parts 7411.0100 to 7411.2000 and Minnesota Statutes, sections 171.33 to 171.41.

A. If a program meets the definition of a commercial driver training school, the applicant must apply for a license.

B. A program or person that charges a fee to provide instruction is not subject to Minnesota Statutes, sections 171.33 to 171.41, as a licensed commercial driver training school if the program or instruction is exempt under Minnesota Statutes, section 171.39.

Subp. 2. Approval of public or private program.

To operate a public driver education program or a private driver education program, a person must apply to the commissioner for a certificate of approval and comply with parts 7411.0100 to 7411.2000 and Minnesota Statutes, section 171.05.

Subp. 3. Motorcycle course.

To operate a program that provides instruction to operate a motorcycle, a person must comply with parts 7411.0100 to 7411.2000 and Minnesota Statutes, section 169.974. A course of instruction to operate a motorcycle may be either licensed as a commercial driver training school or certified as an approved public program or private program.

Subp. 4. Motorized bicycle course.

To operate a program that is a motorized bicycle course, a person must comply with parts 7411.0100 to 7411.2000 and Minnesota Statutes, section 171.02, subdivision 3. A motorized bicycle course may be either licensed as a commercial driver training school or certified as an approved public program or private program.

Subp. 5. Community education programs.

A driver education program offered through community education must be either:

A. approved as a public program by the commissioner under parts 7411.0100 to 7411.2000 if the program:

B. if the program does not meet the criteria in item A, offered through a contract with a commercial driver training school licensed by the commissioner under parts 7411.0100 to 7411.2000 and Minnesota Statutes, sections 171.33 to 171.41.

Subp. 6. Postsecondary schools.

A driver education program provided by a postsecondary college or university is exempt from approval or licensure by the commissioner under this chapter if the institution:

A. provides the instruction as a part of the normal program or curriculum for that institution;

B. directly regulates or administers the program;

C. insures or indemnifies all program activities; and

D. does not provide instruction to operate a motor vehicle to persons under the age of 18.

Subp. 7. Application content for program license or certificate of approval.

Application for a new or renewal license or certificate of approval for the program must be made on a format prescribed by the commissioner.

A. Owners, partners, corporate directors, administrators, and officers must be named, with their titles, on each program application.

B. The application must be signed by one of the program owners, partners, corporate directors, administrators, or officers.

C. An initial and renewal application must be accompanied by the schedule of maximum course fees and charges distributed to students.

D. A program application must identify the authorized official specified in part 7411.0250 and must contain an exemplar of the authorized official's signature.

E. A program application must identify the instructors of students and provide each instructor's driver's license number. If an individual holding a Professional Educator Licensing and Standards Board license will be providing instruction, the program must provide the teaching license number of that individual and identify any valid teaching and driver education instruction certificates the individual holds.

F. A program application must be accompanied by the information about each instructor's qualifications as required to be submitted by parts 7411.0620 to 7411.0690.

G. The application must specify each class of motor vehicle for which the program wants to provide instruction.

H. The application must specify whether the program will be providing classroom instruction, laboratory instruction, or both, for each class of motor vehicle delineated.

I. A class D motor vehicle program must specify whether the program will be providing concurrent or consecutive instruction to drivers under age 18. A class D motor vehicle program shall not offer both concurrent and consecutive instruction to drivers under age 18.

Subp. 8. Commissioner's approval before start of program instruction.

The program must receive a license or a certificate of approval of the program before training, instruction, or preparation to operate a motor vehicle begins.

A. If there is a material change in either the class of motor vehicle instruction offered, the curriculum, or the program's administration, approval must be obtained from the commissioner before the change is implemented.

B. All instructors must meet the qualifications in parts 7411.0620 to 7411.0690 before providing instruction in any program.

Subp. 9. Duplicate license or certificate.

If the program changes its location or if the license or certificate of approval for the program is lost within the year of issuance, the commissioner shall issue a duplicate license or certificate of approval if the program continues to comply with this chapter. The fee for issuing a duplicate license or certificate of approval for the program is $25.

Subp. 10. License or certificate at program locations.

The commissioner shall issue a single license or certificate of approval for the program for both the program's administrative office and one location at which classroom or laboratory instruction is provided. An additional license or certificate of approval must be obtained if:

A. the program provides either classroom or laboratory instruction, or both, at more than one permanent location; and

B. the program has exclusive use of the classroom or laboratory location during the hours of instruction for a continuous period of 90 days or more.

Subp. 11. Renewal of license or certificate.

A program license or certificate of approval expires one year from the date issued and may be renewed on application to the commissioner. Application for renewal of the license or certificate must be submitted to the commissioner at least ten days before expiration, but will not be accepted more than 30 days before the expiration date.

Subp. 12. Fees payable to commissioner.

Fees for an original, renewal, duplicate, or replacement program license or certificate of approval must be made payable to the commissioner.

History

• Statutory Authority: MS s 14.06; 14.386; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; 39 SR 356; L 2017 1Sp5 art 12 s 22

Minn. R. 7411.0220 Program License or Certificate Not Transferable

The license or certificate of approval for a program is not transferable. If the ownership of a program changes, the program must apply for a new license or certificate of approval in the same manner as required for the original.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0230 Display of License or Certificate

The license or certificate of approval to operate a program must be displayed in a conspicuous place at each licensed or approved location.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0250 Authorized Program Official

Subpart 1. Designation, signature.

Each program must designate a person who is authorized on behalf of the program to execute program licensure and approval certificates and sign student contracts, student agreements, and student certificates of course completion.

A. The authorized official need not be a licensed or qualified instructor.

B. The program owner or administrator shall provide written notice to the commissioner of:

C. A complete signature of the full name of the authorized official must be on file with the commissioner before the authorized official may sign or issue the documents specified in this part.

Subp. 1a. Demonstrating financial enrollment.

For purposes of subpart 2, items B and C, a student must demonstrate current financial enrollment by paying at least one-third the cost of a program's entire laboratory portion.

Subp. 2. Duties of program's authorized official.

The authorized official shall perform the duties specified in this subpart.

A. The authorized official shall issue each student under age 18 a letter of completion of the classroom portion of a program providing instruction to operate a class D motor vehicle, motorcycle, or motorized bicycle in a format provided by or specified by the commissioner, within 15 calendar days after the student completes the classroom portion of a program.

B. If the student completes the classroom portion of a program and demonstrates current financial enrollment in the laboratory portion of a class D or motorcycle program, the authorized official shall issue a certificate of enrollment in the laboratory portion of the class D or motorcycle program. The certificate must be in a format provided or specified by the commissioner.

C. If a student enrolled in a concurrent class D program (1) completes the first 15 hours of the classroom portion of a program, and (2) demonstrates current financial enrollment in the laboratory portion of a class D program and the remaining 15 hours of classroom instruction, the authorized official shall issue a certificate of enrollment in the laboratory portion and remaining 15 hours of classroom instruction. The certificate must be in a format provided or specified by the commissioner.

D. Within 15 days after a student under age 18 completes the laboratory portion of a class D or motorcycle program, the authorized official shall issue a certificate of completion of the laboratory portion of the program, in a format provided or specified by the commissioner.

E. For a motorcycle endorsement training course where classroom and laboratory instruction may be taken concurrently, the student must be issued a certificate of enrollment by the authorized official, indicating the student is enrolled in both the classroom and laboratory portions of a course at the same time. Upon completion of the motorcycle endorsement training course, a certificate of completion of both the classroom and laboratory portions of the course, in a format provided by or specified by the commissioner, must be issued by the authorized official within 15 calendar days after the student completes both portions of the course.

F. The authorized official shall notify the commissioner within 15 days of the time a student fails to continue or complete the laboratory portion of a class D motor vehicle program or motorcycle endorsement course as specified in the program's contract or agreement with the student.

G. The authorized official shall notify the commissioner within 15 days of the date a student fails to continue or complete the final 15 hours of classroom instruction of a concurrent class D motor vehicle program as specified in the program's contract or agreement with the student.

History

• Statutory Authority: MS s 14.06; 14.386; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; 39 SR 356; 50 SR 809

Minn. R. 7411.0260 Prohibited Conduct by Program Personnel

Subpart 1. Interaction with public safety personnel.

An owner, operator, partner, officer, administrator, authorized official or representative, or employee of a program shall not influence, or attempt to influence, a decision of an employee of the commissioner to issue a permit, license, or endorsement to a student of the program, or to any other person.

Subp. 2. Interaction with students.

An owner, operator, partner, officer, administrator, authorized official or representative, or employee of a program shall not imply to a student or to any other person that the program or an instructor can influence driver's license examiners or other employees of the commissioner.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0270 Motor Vehicle Insurance

Subpart 1. General requirements.

If a driver education program allows a student to operate a motor vehicle for laboratory instruction, the program must provide the motor vehicle insurance specified in this part.

A. At the time of application for program licensure or program approval, the program must file with the commissioner evidence of liability insurance obtained from a company authorized to do business in Minnesota.

B. The program must furnish evidence of coverage to the commissioner in the form of an original certificate of insurance from the insurance company demonstrating the required amount of insurance under this part and demonstrating that the insurance may not be canceled or terminated, except upon 30 days' prior written notice to the commissioner.

C. If the insurance is canceled, then on the date the insurance cancellation becomes effective the program's certificate of approval is withdrawn automatically or the program license is revoked automatically.

Subp. 2. Class A, B, C, and D vehicles.

A program providing instruction in a class A, B, C, or D motor vehicle must maintain insurance or demonstrate insurance coverage in the amounts of:

A. at least $250,000 because of bodily injury to, or death of, any one person in any one accident;

B. at least $500,000 because of bodily injury to, or death of, two or more persons in any one accident;

C. at least $100,000 because of damage to, or destruction of, property of others in any one accident;

D. at least $40,000 for medical expenses; and

E. at least the minimum amount of uninsured motorist coverage, when any portion of the program instruction is conducted on public streets.

Subp. 3. Motorcycles.

A program providing motorcycle instruction must maintain insurance or demonstrate insurance coverage in the amounts of:

A. at least $100,000 because of bodily injury to, or death of, any one person in any one accident;

B. at least $300,000 because of bodily injury to, or death of, two or more persons in any one accident;

C. at least $50,000 because of damage to, or destruction of, property of others in any one accident;

D. at least $20,000 for medical expenses; and

E. at least the minimum amount of uninsured motorist coverage, when any portion of the program instruction is conducted on public streets.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0275 Bond

Subpart 1. General requirement.

A commercial driver training school must secure and submit to the commissioner with the application for program licensure a continuous surety company bond.

Subp. 2. Bond based on student enrollment.

Except as otherwise provided in subpart 3, the surety bond for a program whose license is approved or renewed after January 1, 2004, must be based on the total number of students enrolled in the program the previous calendar year.

A. Student enrollment must be reported for all permanent and temporary locations at which the program provided instruction the previous calendar year.

B. Enrollment must be reported for all student contracts and agreements entered into by the program the previous calendar year.

C. If the program enrolled one to 100 students, a $10,000 bond must be secured.

D. If the program enrolled 101 to 500 students, a $20,000 bond must be secured.

E. If the program enrolled 501 or more students, a $30,000 bond must be secured.

Subp. 3. New ownership.

A school that assumes ownership of a previously licensed school must obtain an initial bond at the student enrollment level reported by the acquired school the previous calendar year.

Subp. 4. Adjustments.

The bond must be adjusted after the first year of program operation after July 1, 2003, and every two years after on the date of renewal of the program license.

At the time of adjustment, the bond must be in an amount as specified in subpart 2 that reflects student enrollment for the previous calendar year.

Subp. 5. Sureties.

The bond must be undertaken by a company authorized to do business in Minnesota.

A. The school shall furnish satisfactory evidence of coverage to the commissioner at the time of application for renewal of the school's license.

B. The bond must indicate that the concerned surety company may cancel the bond only after giving 30 days' written notice to the commissioner.

C. The bond must indicate that the surety company is relieved of all liability for the breach of a condition of the bond occurring after the effective date of cancellation.

Subp. 6. Revocation.

If the bond is canceled, then on the date the bond cancellation becomes effective, the program's license is revoked automatically.

A program whose license has been revoked for failure to maintain a bond, may apply for license reinstatement upon meeting the bond requirements under this part.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0280 Program Records

Subpart 1. General requirements.

The program must:

A. maintain the records specified in this part for at least five years;

B. keep an instruction record of every person enrolled, whether or not the person was given instruction or other services relating to classroom instruction, laboratory instruction, or both, in operating a motor vehicle, and the instruction record must contain the person's legal name, including first, middle, and last name; residence address; date of birth; unique identifier of the contract or agreement; date and number of hours of all instruction; and type of instruction;

C. keep a file containing the original, subsequent, and renewal contracts or agreements specified in part 7411.0305 between the program and every person receiving instruction, and any other services provided by the program to the person relating to the operation of a motor vehicle;

D. maintain program records in a businesslike manner, using only standard abbreviations;

E. make the records available for inspection by the commissioner during reasonable business hours; and

F. report immediately to the commissioner by affidavit the loss, mutilation, or destruction of the records required to be maintained by the program, stating the date the records were lost, destroyed, or mutilated; the circumstances involving the loss, destruction, or mutilation; the names of the law enforcement officer or fire department official to whom the loss was reported; and the date of the report.

Subp. 1a. Additional records; certain students.

In addition to the information required under subpart 1, item B, the instruction record must contain:

A. for a student who has completed a portion of the driver education program, the completion date of the portion of the program shown on the document issued to the student and the name of both the last instructor and the program's authorized official; or

B. for a student who is enrolled in a concurrent driver education program, the completion date of the of the first 15 hours of classroom instruction shown on the document issued to the student and the name of both the last instructor and the program's authorized official.

Subp. 2. Location of records.

The program records must be available in Minnesota at the program's administrative office for inspection by the commissioner. At the time of application for program licensure or approval, the commissioner must be informed of the location where records will be available. The commissioner must be notified of a change in the record location before the change occurs.

History

• Statutory Authority: MS s 14.06; 14.386; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; 39 SR 356

Minn. R. 7411.0295 Advertising Restrictions

Subpart 1. General restrictions.

A driver education program must not:

A. publish, advertise, or intimate that a driver's license is guaranteed or assured;

B. advertise free instruction;

C. duplicate or reproduce in whole or in part, for use in advertising, forms or examination material used by the state;

D. use the word "state" in a sign or other medium of advertising, except as permitted in this part;

E. advertise a location for instruction other than a licensed location or approved location;

F. advertise any temporary location without identifying it as a temporary location and without also indicating the address of the program's permanent location; or

G. distribute advertising material within 150 feet of a driver's license examination station, except as permitted in this part.

Subp. 2. Advertising on test vehicles.

Program instructors may appear at driver test locations operated by the state with a student scheduled for an examination, in a program vehicle on which appear the markings and signs required or authorized in part 7411.0850.

Subp. 3. Advertising in state driving manuals.

Advertising for a driver education program contained in the department-produced Minnesota driver's manual is not subject to the distance restriction in subpart 1, item G.

Subp. 4. Permitted statement.

A program may use in its advertising or on forms, contracts, and other materials, one of the following phrases, as applicable:

A. "This program is licensed by the Minnesota Department of Public Safety" if the program is a commercial driver's training school licensed by the Minnesota Department of Public Safety.

B. "This program is approved by the Minnesota Department of Public Safety" if the program is a public program with a certificate of approval or a private program with a certificate of approval issued by the Minnesota Department of Public Safety.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0300 [Repealed, 28 SR 1167]

[Repealed, 28 SR 1167]

Minn. R. 7411.0305 Student Agreements or Contracts

Initial and revised contracts and agreements between a program and student must comply with this part.

A. The contract or agreement must be approved by the commissioner before it is used by the program.

B. Each contract or agreement must bear an individual, unique number or identifier.

C. A driver education program must not give a person instruction or other service relating to instruction in motor vehicle operation until a written contract or written agreement has been executed between the program and the person.

D. The contract or agreement must be signed by the program's authorized official designated under part 7411.0250.

E. A program must not represent or agree orally, in writing, or as part of an inducement to sign a contract or agreement for instruction:

F. A contract or agreement for a program providing laboratory instruction to operate a class D motor vehicle must be limited to a maximum of 30 hours of laboratory instruction.

G. The contract or agreement must specify the dates for the start and completion of instruction by the student.

H. For a student enrolled in a concurrent class D driver instruction program, the contract or agreement must specify dates for the start and completion of the first 15 hours and the second 15 hours of classroom instruction. The completion date of the second 15 hours of classroom instruction must be within 90 days of the completion date of the first 15 hours of classroom instruction.

I. If a program wants to exceed the hours specified in item F, the contract or agreement may be renewed only by mutual agreement between the student and program, in writing, and only if approved by the commissioner.

J. When an original contract or agreement and each subsequent contract or agreement for instruction expires, the instructor shall evaluate with the student the progress made and determine how much further instruction, if any, is necessary.

K. A contract or agreement to provide instruction to operate a class A, B, or C motor vehicle must:

L. Contracts or agreements for which a fee is charged must address the issue of refunds in the event a student or the program is not able to complete instruction.

M. The contract or agreement must specify whether and under what circumstances a person other than the student or instructor will be permitted or required in the motor vehicle during laboratory instruction.

History

• Statutory Authority: MS s 14.06; 14.386; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; 39 SR 356

Minn. R. 7411.0325 Student Age, Qualifications; Enrollment Requirements

Subpart 1. Generally.

A program shall not offer driver education:

A. classroom or laboratory instruction to operate a class A or C motor vehicle to a student who is not at least 18 years old and in possession of at least a class D driver's license;

B. classroom or laboratory instruction to operate a class B motor vehicle to a student who is not at least 16 years old and in possession of at least a class D driver's license;

C. classroom or laboratory instruction for a motorcycle endorsement to a student who is not at least 15 years old; or

D. classroom instruction to operate a class D motor vehicle or motorized bicycle to a student who is not at least 14 years old.

Subp. 2. Motorcycle endorsement course enrollment.

A program offering a course to obtain a motorcycle endorsement must require that a student who takes the motorcycle endorsement course be enrolled in both the classroom and laboratory portions of the course.

Subp. 3. Students under age 18.

A program offering a class D motor vehicle course to a student under the age of 18 must require the student to enroll in either the classroom phase of a program, the laboratory phase of a program, or both.

A. Proper enrollment must be reflected in the student contract or agreement.

B. For students enrolled in a consecutive driver education program, enrollment in either classroom instruction or laboratory instruction need not occur with the same program.

C. Only a student who is under the age of 18 and has never previously completed a driver education course may enroll in a concurrent program.

D. A program offering a concurrent class D motor vehicle course to a student under the age of 18 must require the student to enroll in both the classroom and laboratory phase of the program.

E. A homeschooled student need only indicate enrollment in the laboratory phase of a program.

F. Classroom instruction hours are not transferable from one program to another unless the commissioner can verify documentation of comparable instruction.

Subp. 4. Variances.

The commissioner of public safety may grant variances from subpart 3, item C.

A. If a student is unable to comply with subpart 3, item C, the student shall make written application to the commissioner of public safety or a designee for a variance.

B. A student applying for a variance must submit written documentation of the reason why a variance should be granted. The applicant must also provide the applicant's name, address, and date of birth, as well as information about the applicant's current driver education program enrollment.

C. The student applying for a variance must make arrangements to satisfy the requirements of parts 7411.0520, subpart 4, and 7411.0555, item A, subitem (2).

D. The commissioner of public safety or a designee shall review the request for a variance. In making a decision to grant or deny the variance, the commissioner or a designee shall consider the degree of hardship placed on the applicant, whether variance from the rule is consistent with the public interest, and whether a variance from the rule would conflict with any other standards imposed by law.

E. The commissioner of public safety or a designee shall grant or deny the request for a variance within 30 days of receipt of the request. The applicant shall be notified of the decision by mail within the 30-day period.

History

• Statutory Authority: MS s 14.06; 14.386; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; 39 SR 356

Minn. R. 7411.0335 Withholding Certificate of Course Completion

A program is not required to issue a certificate or letter of course completion to a student who has not paid the fees agreed on in the student contract or agreement.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0340 Program Annual Report

The authorized official of a program must submit to the commissioner an annual report 30 days after the close of the calendar year.

A. The annual report must indicate:

B. The commissioner shall make the report format available to the program at least 60 days before the report is due.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0345 Location of Program Administrative Office

Subpart 1. Location of program administrative office.

A program must have an administrative office that meets the location requirements specified in this part.

A. A program must have a permanent administrative office located in Minnesota.

B. The program must have continuous and exclusive control of the permanent administrative office location for at least one year beginning on the date of projected program licensure or approval either through ownership or a lease.

C. The program must have a program certificate of approval or program license from the commissioner to operate a driver education program out of the permanent administrative office location.

D. The program may operate its classroom and laboratory instruction at sites and locations separate from the space occupied by the program's permanent administrative office.

Subp. 2. Location change.

A program may not change the program's permanent administrative office location specified on its license or certificate of approval without prior notice to the commissioner.

Subp. 3. Distance from state examination sites.

No program's permanent office location or any instruction location may be within 150 feet of a site where any part of a driver's license examination is administered. This subpart does not apply to a program with a license or certificate of approval in operation at the location before a state examination site was established.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0355 Instruction Locations

Subpart 1. Classroom instruction locations.

Each classroom instruction location operated by a program must be approved by the commissioner before instruction begins. Instruction must be in a nonresidential occupancy, or occupancy not occupied as a residence, except for instruction provided by a parent to a homeschooled student.

Subp. 2. Temporary locations.

A program may obtain classroom or laboratory facilities at temporary locations that comply with this part. The program must notify the commissioner of the address, time, and date of each scheduled use of each temporary location before using it for instruction.

Subp. 3. Classroom size.

A program providing classroom instruction in a classroom must provide instruction in a room of at least 300 square feet and suitable for instruction.

Subp. 4. Teleconferenced instruction location.

Classroom instruction must be provided to a student, except for a homeschooled student, in a location complying with subpart 3. The instructor must be either physically present or immediately available to the student through teleconferencing during the classroom instruction period to instruct as well as address questions and comments.

Subp. 5. Laboratory instruction route location.

A program must not provide laboratory instruction on the actual routes used for state driver's license road tests, except when unavoidable due to the lack of alternative routes.

Subp. 6. Class C or D driving range size.

If a program offers class D training on a driving range, the program must provide at least 80,000 square feet of unobstructed driving surface space other than space occupied by light standards.

Subp. 7. Class A or B vehicle driving range size.

A program offering class A or B vehicle instruction must provide a driving range of at least 90,000 square feet. If more than two class A vehicles are to be used on the driving range at the same time, an additional 45,000 square feet of driving range must be provided for each additional class A motor vehicle.

Subp. 8. Motorcycle endorsement course riding range.

A riding range used for motorcycle course laboratory instruction must be at least 160 feet long and 60 feet wide.

A. Up to 12 students may receive instruction at one time if the dimensions of the riding range are at least 220 feet by 120 feet.

B. There must be at least 20 feet of level, run-out space around the outside of the range and between an intended path of travel and the nearest obstacle.

C. The riding range area must be paved.

D. The commissioner shall waive the requirements for the minimum dimensions of the riding range if a suitable paved area is not available and if the program demonstrates that the required laboratory curriculum objectives can be met on the proposed riding range without compromising the safety of the students. The program must obtain the waiver before instruction begins.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0365 Situations Requiring Notification

The authorized official of a program shall notify the commissioner, in writing, if any of the situations specified in this part occur.

A. The program's authorized official shall notify the commissioner when an instructor is hired by the program or there is a change in a program instructor.

B. The program's authorized official shall notify the commissioner if one of the program's instructors incurs a conviction or violation as specified in part 7411.0620. Notice of the conviction or violation must occur within three calendar days of the date the program's authorized official becomes aware of the conviction or violation.

C. The commissioner must be notified if one of the program's instructors is involved in a reportable motor vehicle accident as specified in Minnesota Statutes, section 169.09. Notice of the accident must occur within ten calendar days of the date of the accident.

D. The commissioner must be notified within ten calendar days from the date of the accident if one of the program's students, while receiving laboratory instruction, is involved in a motor vehicle accident requiring reporting under Minnesota Statutes, section 169.09.

E. A program must notify the commissioner within five calendar days if one of its instructors has violated a statute or rule or committed an act that would cause the instructor to be unfit to continue working as an instructor.

F. The authorized official of the program shall notify the commissioner within five calendar days of the death, retirement, resignation, or discontinuance of employment or service of an instructor.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0400 Repealed by subpart

Subpart 1.

[Repealed, 28 SR 1167]

Subp. 1a.

[Repealed, 28 SR 1167]

Subp. 2.

[Repealed, 28 SR 1167]

Subp. 3.

[Repealed, 21 SR 458]

Subp. 4.

[Repealed, 28 SR 1167]

Subp. 5.

[Repealed, 28 SR 1167]

Subp. 6.

[Repealed, 28 SR 1167]

Subp. 7.

[Repealed, 28 SR 1167]

Minn. R. 7411.0410 Submission of Program Curriculum

The program must submit all curriculum that will be provided to students to the commissioner for approval at the time of application for program licensure or approval.

A. The commissioner shall approve the curriculum if it meets the curriculum requirements in this chapter.

B. If a program wants to change its curriculum during the period of program licensure or program approval, the program must submit the new curriculum to the commissioner for review and approval.

C. A program may not use the proposed curriculum until the curriculum has been approved by the commissioner.

D. Curriculum must be submitted for approval for each motor vehicle classification for which instruction will be provided.

E. If a program seeks to provide motorcycle instruction, separate curricula must be submitted for approval if either consecutive or concurrent classroom and laboratory instruction is to be provided.

F. If a program seeks to provide instruction to operate a class A, B, or C motor vehicle, the curriculum must be submitted for approval if either classroom, laboratory, or individualized instruction is to be provided.

G. If a program seeks to provide instruction on how to operate a class D motor vehicle, the classroom and behind-the-wheel curriculum must be either consecutive or concurrent.

History

• Statutory Authority: MS s 14.06; 14.386; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; 39 SR 356

Minn. R. 7411.0435 Instruction May Not Duplicate State Tests

Knowledge tests, curriculum used by a program, and instruction must not substantially duplicate any part of a Minnesota driver's knowledge examination and must not duplicate the road or skills test administered to students or instructor applicants, including state test ranges and routes.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0500 [Repealed, 14 SR 2583]

[Repealed, 14 SR 2583]

Minn. R. 7411.0510 [Repealed, 28 SR 1167]

[Repealed, 28 SR 1167]

Minn. R. 7411.0515 Curriculum for Driver Education Programs

Subpart 1. Scope.

This part applies to all driver education programs.

Subp. 2. Classroom curriculum for class D motor vehicles.

The classroom curriculum provided to each student enrolled in a program to operate a class D motor vehicle must include:

A. opportunity for the student to analyze and assess several decision-making models and factors influencing highway-user decisions;

B. information on how alcohol and other drugs affect a driver's ability to safely operate a motor vehicle, including:

C. opportunity for the student to analyze and practice making decisions about using occupant restraints;

D. opportunity for the student to identify and analyze a variety of driving decisions about roadway characteristics and highway users, including awareness of and the safe interaction with:

E. opportunity for the student to analyze and practice making decisions about a vehicle's speed under different driving conditions;

F. content and purpose of motor vehicle and traffic laws and rules for safe driving performance;

G. opportunity for the student to identify, analyze, and describe proper procedures for a variety of driving situations;

H. opportunity for the student to gather information and practice making decisions about vehicle ownership, leasing, insurance, and maintenance;

I. opportunity for the student to identify, analyze, and practice making decisions related to drivers' attitudes and emotions;

J. opportunity for the student to explore alternative ways to become a better driver;

K. at least 30 minutes of instruction on the duties of the driver when encountering a school bus; the content and requirements of Minnesota Statutes, section 169.444; and the penalties for violating that section;

L. principles of safe operation of a motor vehicle at railroad-highway grade crossings;

M. principles and relationships of tires and surfaces when turning, braking, and accelerating;

N. characteristics of both conventional and antilock brake systems;

O. instruction on organ and tissue donations in accordance with Minnesota Statutes, section 171.0701, subdivision 1, paragraph (a);

P. instruction on carbon monoxide poisoning in accordance with Minnesota Statutes, section 171.0701, subdivision 1, paragraph (c); and

Q. instruction on work zone and road construction worker safety in accordance with Minnesota Statutes, section 171.0701, subdivision 1c, including information on:

Subp. 2a. Concurrent classroom curriculum for class D motor vehicles.

The classroom curriculum provided to each student enrolled in the first 15 hours of a concurrent program to operate a class D motor vehicle must include the same curriculum required under subpart 2.

Subp. 2b.

[Repealed, 50 SR 809]

Subp. 3. Laboratory curriculum for class D motor vehicles.

The laboratory curriculum presented and delivered to each student enrolled in a program for class D motor vehicles must include:

A. orientation to the purpose, content, and procedures for laboratory instruction;

B. orientation to gauges, instruments, and preparing to move the vehicle;

C. basic skills in speed control and tracking on forward and backward paths;

D. orientation to driving and initial techniques in scanning for, recognizing, and responding to obstacles;

E. changing lanes, crossing intersections, merging, and passing;

F. reduced-risk city driving, highway driving, freeway driving, and interacting with highway users;

G. practical application of the classroom instruction on safe interaction with commercial motor vehicles described in subpart 2, item D;

H. strategies for perceiving and responding to adverse and special conditions and emergencies; and

I. a written evaluation, self-evaluation, and plan for future improvement.

Subp. 4. Class A, B, or C motor vehicle curriculum.

The curriculum provided to each student enrolled in a program to operate a class A, B, or C motor vehicle must:

A. specify the hours of instruction to be provided to the student;

B. describe the content of all classroom and laboratory instruction for all courses and individualized instruction;

C. specify the course fee or hourly rate for instruction; and

D. include the instruction required under Minnesota Statutes, section 171.0701.

Subp. 5. Motorcycle classroom curriculum.

The classroom curriculum provided to each student enrolled in a program for a motorcycle endorsement must comply with either item A or B.

A. The classroom curriculum must be the Motorcycle Safety Foundation Basic Rider Course and also address the provisions in Minnesota Statutes, section 169.974. The MSF Basic RiderCourse RiderCoach Guide, published by the Motorcycle Safety Foundation (2008), is incorporated by reference and is not subject to frequent change. The manual is available through the interlibrary loan system or a copy may be obtained from the Motorcycle Safety Foundation, 2 Jenner Street, Suite 150, Irvine, California, 92618-3806.

B. The curriculum must address:

Subp. 6. Motorcycle laboratory curriculum.

The laboratory curriculum presented for a driver education program for a motorcycle endorsement must meet the requirements in either item A or B.

A. The laboratory curriculum must be based on the Motorcycle Safety Foundation Basic Rider Course, incorporated by reference in subpart 5, and also address the provisions in Minnesota Statutes, section 169.974.

B. The curriculum must include:

Subp. 7. Curriculum hours for motorized bicycles.

A. The curriculum presented to each student enrolled in a motorized bicycle driver education program must include at least three hours of classroom instruction.

B. The commissioner shall approve a course if the course content includes the subject items listed in Minnesota Statutes, section 171.02, subdivision 3.

Subp. 8. Supplemental parental curriculum.

A program must provide optional supplemental parental curriculum in accordance with Minnesota Statutes, section 171.0701, subdivision 1a. At least 90 minutes of the curriculum must include the information required under Minnesota Statutes, section 171.0701, subdivision 1a, paragraph (c), clause (3).

History

• Statutory Authority: MS s 14.06; 14.386; 14.388; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; 34 SR 767; 36 SR 436; 39 SR 356; 50 SR 809

Minn. R. 7411.0520 Classroom and Laboratory Instruction

Subpart 1. Curriculum guide.

An approved written classroom curriculum guide must be available to and used by an instructor providing classroom instruction for class A, class B, class C, class D, motorcycle, and motorized bicycle courses.

Subp. 2. Instruction location.

Classroom instruction must be conducted in a location complying with part 7411.0355.

Subp. 3. Classroom hours limitation.

A program may offer no more than three hours of classroom instruction per day to a student under 18 years of age who has not yet obtained a driver's license.

Subp. 4. Required number of class D motor vehicle classroom hours.

A class D motor vehicle program must provide a student who is less than 18 years old with a minimum of 30 hours of approved classroom instruction.

Subp. 4a. Required number of class D motor vehicle classroom hours for a concurrent program.

A class D motor vehicle concurrent program must provide a student who is less than 18 years old with a minimum of 15 hours of classroom instruction, followed by a minimum of 15 hours of classroom instruction and six hours of laboratory instruction. The final 15 hours of concurrent classroom instruction must be completed before the student completes the fifth and sixth hour of laboratory instruction.

Subp. 5. Motorcycle classroom hours.

A program shall provide a student enrolled in a motorcycle endorsement driver education program who is less than 18 years old with a minimum of four hours of approved classroom instruction.

History

• Statutory Authority: MS s 14.06; 14.386; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; 39 SR 356

Minn. R. 7411.0525 Simulation Instruction

Subpart 1. Authority generally.

Computer-simulated instruction may be used to reproduce driving situations likely to be encountered during actual driving performance.

Subp. 2. Class D programs.

In a class D program:

A. Simulation instruction must be counted as laboratory instruction in a ratio of four hours of simulator time equaling one hour of on-street time.

B. Simulator instruction must not be substituted for more than two hours of on-street laboratory instruction and in no case may a student receive less than four hours of on-street laboratory instruction if range instruction as specified in part 7411.0570 is not also provided.

C. The simulator for a class D vehicle must be equipped with a brake pedal, accelerator, steering wheel, gear shift, operator seat, speedometer, and turn signals.

D. The simulator curriculum must allow the student to evaluate risk and make proper driving decisions and responses.

E. The simulation must be designed to replicate actual in-the-vehicle or on-the-motorcycle driving situations.

F. A simulator must provide a means to measure each student's decisions and responses.

Subp. 3. Motorcycle program.

A motorcycle endorsement program may use machines that simulate motorcycle riding but may not substitute simulator instruction for the required ten hours of laboratory instruction.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0530 [Repealed, L 2023 c 68 art 4 s 129]

[Repealed, L 2023 c 68 art 4 s 129]

Minn. R. 7411.0535 [Repealed, L 2023 c 68 art 4 s 129]

[Repealed, L 2023 c 68 art 4 s 129]

Minn. R. 7411.0540 Homeschool Classroom Instruction

A. Classroom instruction for a class D motor vehicle program must be accessible to full-time homeschool students under the age of 18.

B. A student shall submit a letter to the commissioner from the school superintendent or authorized school authority in the district in which the student resides, verifying the student's full-time homeschool status.

C. The commissioner must be informed in writing by the homeschool parent or guardian of the student's completion of 30 hours of classroom instruction for a class D motor vehicle, including the student's full legal name and date of birth.

D. Course materials must be approved by the commissioner and identified in writing when informing the commissioner that classroom instruction has been completed.

E. When the classroom course requirements are met, the commissioner shall furnish the student with a letter of classroom completion for the class D motor vehicle course.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0545 Laboratory Instruction

The requirements in this part apply to laboratory instruction for all programs.

A. Whenever laboratory instruction is provided to a student on a public roadway, an instructor must be in the seat beside the student.

B. An instructor shall ensure that any student operating a motor vehicle has passed the Minnesota knowledge test representative of the class of vehicle for which instruction is to be given and is in possession of either:

C. An instructor shall ensure that seat belts are used at all times by persons in the motor vehicle.

D. The class A vehicle provided by a program for driver education must be one that requires a class A license for its operation.

E. The class B vehicle provided by a program for driver education must be one that requires a class B license for its operation.

F. A firearm may not be transported in any vehicle used for driver education. For the purpose of this item, "firearm" has the meaning given it in Minnesota Statutes, section 97A.015, subdivision 19.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0550 [Repealed, 28 SR 1167]

[Repealed, 28 SR 1167]

Minn. R. 7411.0555 Class D Program Laboratory Schedule; Hours

A. A class D motor vehicle program:

B. Total on-street time for class D motor vehicle laboratory instruction must not be less than four hours of the required six hours of laboratory instruction. However, if a program providing class D motor vehicle instruction provides both range and simulator instruction, no less than three hours of on-the-road laboratory instruction may be provided if the program also provides:

C. Observation time in a class D motor vehicle does not count as laboratory instruction time.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0565 Motorcycle Laboratory Schedule; Hours; Protective Gear

Subpart 1. Hours.

A motorcycle endorsement program must provide a student who is less than 18 years old with at least ten hours of approved laboratory instruction.

Subp. 2. Hour limits.

A program may offer a student no more than a total of eight hours of motorcycle instruction per day.

Subp. 3. Enrollment.

A student under age 18 wishing to take the motorcycle endorsement course must be enrolled in both the classroom and laboratory portions of the course.

Subp. 4. Protective clothing.

The instructor in a motorcycle endorsement program shall ensure that during laboratory instruction all students wear a helmet, an eye protective device, and protective clothing, including gloves, a jacket or long-sleeved shirt, long pants, and shoes or boots that cover the feet and ankles.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0570 Laboratory Range Instruction

Subpart 1. General requirements.

A. Range driving instruction must take place on a range that:

B. The instructor must be able to communicate with each separate motor vehicle on the driving range.

C. For range driving time to count as laboratory instruction, the student must operate a motor vehicle representative of the class of vehicle for which the student being trained is to be licensed.

Subp. 2. Class C or D range.

A. The student-to-instructor ratio on a range used for class C or D motor vehicle instruction must not exceed 12 students operating a class C or D motor vehicle for each instructor who meets the qualifications in parts 7411.0620 to 7411.0690.

B. For instruction provided to a student under the age of 18, only one student may be present in the motor vehicle.

Subp. 3. Motorcycle range.

During motorcycle laboratory instruction:

A. No more than eight students may receive instruction at one time on a range 160 feet long and 60 feet wide.

B. Up to 12 students may receive instruction at one time if the dimensions of the riding range are at least 220 feet by 120 feet.

C. The instructor-to-student ratio of one qualified instructor to up to eight students must be maintained at all times.

Subp. 4. Class A or B range.

The student-to-instructor ratio on a range used for class A or B motor vehicle instruction must not exceed ten students operating class A or B vehicles for each qualified instructor present on the range. If a class A combination vehicle is in use, the student-to-instructor ratio must be five to one.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0600 [Repealed, 14 SR 2583]

[Repealed, 14 SR 2583]

Minn. R. 7411.0610 [Repealed, 28 SR 1167]

[Repealed, 28 SR 1167]

Minn. R. 7411.0620 Instructor Qualifications for All Programs

Subpart 1. Generally.

An instructor must:

A. be at least 21 years old;

B. have been a valid licensed driver for three years in Minnesota or another United States state;

C. have a valid driver's license for the class of motor vehicle for which the applicant wants to provide instruction; and

D. have a high school diploma or the equivalent.

Subp. 2. Certified copy of driving record.

A. An instructor applicant shall submit a certified copy of the applicant's driving record to the program's authorized official.

B. An instructor who does not have a Minnesota driver's license shall submit a certified copy of the instructor's driving record from the United States state where the instructor is licensed to the commissioner when initially applying to become an instructor and annually afterward.

C. A certified copy of a driving record submitted under this subpart must be dated no earlier than 30 days before the date the commissioner receives it.

Subp. 3. Report of driving violations and incidents.

An instructor shall notify the commissioner and authorized program official, in writing, if the instructor is convicted of a traffic violation or is involved in a motor vehicle accident requiring reporting under Minnesota Statutes, section 169.09, subdivision 7. The written notification must be submitted to the commissioner and authorized program official within ten days from the date of the conviction or the accident.

Subp. 4. Initial and annual review of driving record.

A. The commissioner shall review the driving record of each initial instructor applicant.

B. The commissioner shall also annually review the driving record of each instructor at the time of renewal of the instructor license or at the time of program approval.

Subp. 5. General health.

A. When the commissioner has good cause to believe that an instructor has a physical or mental disability that will interfere with the safe operation of a motor vehicle, the commissioner shall require a physician's statement as often as necessary for the commissioner to monitor the instructor's condition.

B. The physician's statement must be submitted no later than 30 days after the examination on which the statement is based.

Subp. 6. Hearing.

A. An applicant or instructor must be able to speak and hear well enough to conduct a normal verbal conversation with another at a distance of five feet, with or without a hearing aid.

B. An exception to item A is allowed for an instructor specializing in the instruction of students who are deaf, deafblind, or hard-of-hearing in class D, motorcycle, or motorized bicycle programs.

Subp. 7. Vision.

An applicant or instructor must be able to meet the vision requirements to obtain an unrestricted class D license, except that the restriction of corrective lenses enabling the applicant or instructor to meet the vision requirement is an acceptable restriction.

Subp. 8. Criminal history.

Each person applying to become a qualified instructor shall authorize an investigation with the Bureau of Criminal Apprehension (BCA) and the Federal Bureau of Investigation (FBI) to determine if the applicant or instructor has a criminal record.

A. The authorization fingerprints and the fee for the FBI background check must be submitted with the application for an instructor's license.

B. If the investigation by the BCA indicates no criminal record, the person must be issued a temporary license pending the outcome of the check of the national criminal data repository.

C. If a person has been convicted of a gross misdemeanor or felony, then the person is ineligible to be an instructor unless:

D. An instructor is disqualified from providing instruction to any student under age 18 for any violations specified in Minnesota Statutes, section 171.3215.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; L 2013 c 62 s 32

Minn. R. 7411.0630 Instructor Training Qualifications

Subpart 1. Generally.

The training requirements for an instructor who provides instruction in a driver education program are specified in this part.

Subp. 2. Initial training.

An individual must satisfactorily complete training approved by the commissioner to be an instructor in a program that provides instruction to operate a motor vehicle.

A. An individual may not provide instruction until:

B. Satisfactory completion of instructor training must be provided by the instructor applicant to the commissioner.

Subp. 3. Classroom instructor in class D program.

To provide classroom instruction in a program providing instruction to operate a class D motor vehicle, the individual must document and demonstrate competency of the individual's:

A. knowledge of the classroom curriculum for class D motor vehicles specified in part 7411.0515, subpart 2;

B. ability to identify and apply current state law and regulations applicable to the ownership and operation of a class D vehicle;

C. organization of lessons and preparation to conduct classroom instruction;

D. ability to maintain a learning environment and management of a class;

E. ability to assess, monitor, and adjust performance as necessary;

F. time management;

G. record keeping in compliance with this chapter;

H. written communication skills;

I. ability to contact first aid resources in the event of an emergency;

J. oral instruction presentation and delivery techniques;

K. ability to use visual aids and technical apparatus pertinent to the program's curriculum; and

L. completion of team teaching with a qualified instructor.

Subp. 4. Laboratory instructor in class D program.

To provide instruction in a program providing instruction to operate a class D motor vehicle, the individual must document and demonstrate competency of the individual's:

A. knowledge of the class D vehicle laboratory curriculum specified in part 7411.0515, subpart 3;

B. ability to provide instruction and demonstrate vehicle operation and control from the right passenger position;

C. use of vehicle tools for vehicle control;

D. oral instruction presentation and delivery techniques;

E. ability to plan and maintain the scheduling of lessons, in the case of an instructor who must plan lessons and schedule lessons;

F. ability to develop training routes;

G. ability to respond calmly and decisively to instruction situations;

H. ability to develop task breakdown explanations;

I. ability to role play while behind-the-wheel with another qualified instructor;

J. ability to organize lessons;

K. ability to conduct performance assessments;

L. ability to demonstrate safe personal driving skills;

M. ability to identify and apply current state law and regulations applicable to the ownership and operation of a class D vehicle;

N. ability to contact first aid resources in the event of an emergency; and

O. ability to comment on the driving environment while safely operating the motor vehicle.

Subp. 5. Instructor with board credential.

An individual with a Professional Educator Licensing and Standards Board license and certification under part 8710.4350 (2003) meets the requirements in subparts 3 and 4.

Subp. 6. Class A, B, or C motor vehicle training instructor.

An instructor providing instruction to operate a class A, B, or C motor vehicle must have a commercial driver's license representative of the vehicle class used for instruction.

A. To provide instruction in a program for the operation of a class A, B, or C motor vehicle, the instructor must successfully complete training to operate the class of motor vehicle for which instruction will be provided.

B. To qualify as an instructor, the individual must document and demonstrate competency of the individual's:

Subp. 7. Training for motorcycle instructor.

To be an instructor in a program providing instruction on the operation of a motorcycle, a person must satisfactorily complete motorcycle instructor training provided by the Motorcycle Safety Foundation or another training course that provides the training described in this subpart.

A. The training must consist of at least 45 hours of instruction.

B. Instructor training must include:

Subp. 8. Requirement to renew motorcycle instructor license.

To qualify for renewal of a license to provide instruction to operate a motorcycle, an instructor must provide instruction for at least two courses on the operation of a motorcycle during the two-year period preceding renewal.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; L 2017 1Sp5 art 12 s 22

Minn. R. 7411.0640 Qualifications for Teleconferenced Classroom Instruction

To use teleconferencing as a method of instruction, an instructor must complete commissioner-approved training in this instructional method.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0645 Laboratory Instructor Disqualification

Subpart 1. Class D and motorcycle programs.

A person is ineligible to provide on-street or range laboratory instruction with a licensed or approved program for class D motor vehicle operation or a motorcycle endorsement if:

A. the person's driver's license has been revoked or suspended for a traffic violation other than an insurance-related traffic violation and not less than one year has elapsed since the person's driver's license has been reinstated;

B. the person has been convicted of three or more traffic violations within a one-year period and one year has not elapsed since the date of the last conviction; or

C. the person has been convicted of four or more traffic violations within a three-year period and one year has not elapsed since the date of the last conviction.

Subp. 2. Class A, B, or C program.

The commissioner shall disqualify an instructor from providing laboratory instruction in a program for class A, B, or C motor vehicle operation for violations and incidents that would preclude the individual from obtaining a commercial driver's license.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0650 Instructor Tests

Subpart 1. For all qualified instructors.

The test requirements to qualify as an instructor are specified in this part. To be a qualified instructor, an applicant must pass a written test and a road test administered by the commissioner.

Subp. 2. Test content.

The tests must address motor vehicle operation, traffic laws, road signs, requirements of this chapter, and other material pertaining to and affecting the driver, traffic, the motor vehicle, and instruction methods.

A. The tests must be developed or approved by the commissioner.

B. When an applicant fails the road test portion after two attempts, the commissioner shall require the applicant to undergo a driver evaluation interview given by the department.

C. A test addressing methods of instruction must be administered and consist of an evaluation of the instructor's instruction methods and ability. The applicant must be evaluated for the type of instruction for the class of motor vehicle for which the applicant seeks to provide instruction.

D. An applicant who fails to pass any part of a test fails the entire test.

E. An applicant who fails a test twice within six months may not retest for six months after the date of the second test.

F. When the commissioner has good cause to believe that an instructor is not able to properly instruct in a driver education program or safely operate a motor vehicle, the commissioner shall require the instructor to submit to reexamination, consisting of all or part of the tests specified in this part or to a review of the instructor's instruction methods and ability while actually instructing students.

Subp. 3. Motorcycle instructor tests.

To instruct in a program providing instruction to operate a motorcycle, a person must first pass a written motorcycle instructor test. The written test must be developed or approved by the commissioner. The written test must be administered by the commissioner.

A. An applicant who fails the written test twice within six months may not retest for six months after the second test.

B. The written test must cover:

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0655 Commercial Program Instructor License

Subpart 1. Instructor license application; duplicate license.

Application for a new license or for renewal of a license to be an instructor in a commercial driver training school must be made on a format prescribed by the commissioner.

A. The application for an instructor's license must be signed by the applicant and the authorized official of the commercial driver training school where the instructor is employed or is to be employed.

B. The license is valid only while the instructor is in the employment of the commercial driver training school.

C. When the employment of an instructor with the commercial driver training school is terminated, the license of the instructor becomes invalid and must be surrendered to the commissioner within ten days.

D. The authorized official of the commercial driver training school shall notify the commissioner in writing within five days of termination of a licensed instructor.

E. The commissioner shall issue a duplicate license for employment at another licensed commercial driver training school if the applicant continues to be qualified as an instructor.

F. If the instructor attests that the license is lost, mutilated, or destroyed, the commissioner shall issue a duplicate.

G. An instructor may be licensed at the same time by separate commercial driver training schools if the applicant continues to be qualified as an instructor and holds separate licenses for each program.

H. When an instructor's license has been expired over one year but less than three years, the testing requirements shall consist of an evaluation by the commissioner of the teaching methodologies for classroom, laboratory, or both, depending on the scope of instruction, before relicensure.

Subp. 2. Instructor license in possession.

An instructor must be able to produce the department-issued instructor license at the request of a peace officer, the commissioner, or an officer authorized to enforce the laws relating to the operation of a motor vehicle on public streets and highways.

Subp. 3. Renewal of instructor license.

An instructor license expires one year from the date issued and may be renewed on application to the commissioner. Application for renewal of the license must be submitted to the commissioner at least ten days before expiration, but will not be accepted more than 30 days before the expiration date.

Subp. 4. Fees payable to commissioner.

Fees for an original, renewal, duplicate, and replacement instructor license must be made payable to the commissioner.

History

• Statutory Authority: MS s 14.06; 14.388; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; 34 SR 767

Minn. R. 7411.0670 Qualifications for Motorized Bicycle Instructor

An instructor for a motorized bicycle course must be:

A. a current licensed or approved instructor for a class A, B, C, or D vehicle or a motorcycle;

B. a current representative of a dealership that sells motorized bicycles and holds a valid class D driver's license; or

C. a certified law enforcement officer.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0690 Instructor Continuing Education

The department shall require instructors to complete driver and traffic safety education periodically when the education is approved, provided, or supervised by the commissioner.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0700 [Repealed, 28 SR 1167]

[Repealed, 28 SR 1167]

Minn. R. 7411.0800 Repealed by subpart

Subpart 1.

[Repealed, 28 SR 1167]

Subp. 2.

[Repealed, 28 SR 1167]

Subp. 2a.

[Repealed, 28 SR 1167]

Subp. 3.

[Repealed, 28 SR 1167]

Subp. 4.

[Repealed, 14 SR 2583]

Subp. 5.

[Repealed, 28 SR 1167]

Subp. 6.

[Repealed, 14 SR 2583]

Subp. 7.

[Repealed, 28 SR 1167]

Subp. 8.

[Repealed, 28 SR 1167]

Subp. 8a.

[Repealed, 28 SR 1167]

Subp. 8b.

[Repealed, 28 SR 1167]

Subp. 8c.

[Repealed, 28 SR 1167]

Subp. 9.

[Repealed, 28 SR 1167]

Subp. 10.

[Repealed, 28 SR 1167]

Minn. R. 7411.0850 Vehicle Requirements

Subpart 1. Safety standards.

A vehicle used for driver education instruction must comply with federal and state motor vehicle safety standards for the model year of the vehicle.

A. A vehicle must be maintained in a safe operating condition.

B. The vehicle age limits specified in this part do not relieve a program of its responsibility to ensure that a vehicle used by the program is maintained in a safe operating condition.

C. An instructor shall report in writing to the program and the commissioner a mechanical problem affecting the safe operation of a vehicle.

D. The program must correct the problem before again using the vehicle for driver education instruction.

E. If a vehicle used for driver education instruction is not maintained in a safe operating condition, the commissioner shall prohibit the program from using the vehicle for instruction until the unsafe condition has been corrected.

F. The commissioner shall suspend or revoke the license or certificate of approval of a program or an instructor license, or both, if the commissioner determines that the unsafe condition could foreseeably be the cause of serious personal injury or property damage and that the program or instructor had notice, or should have had notice through the ordinary discharge of duties, of the unsafe condition of the vehicle.

Subp. 2. Vehicle inspection.

A vehicle inspection form must be completed:

A. for all training vehicles after a reportable accident;

B. annually for any motorcycle or class D motor vehicle over six years of age; and

C. annually for any class A, B, or C vehicle over ten years of age. For class A, B, and C motor vehicles, the commissioner shall accept a state patrol motor vehicle inspection report.

Subp. 3. Equipment required on vehicles.

A class A, B, C, or D vehicle used for driver education instruction must have an outside rearview mirror on each side of the vehicle, a separate inside rearview mirror for the instructor's use, and seat belts for each occupant of the vehicle as required by state law. In addition:

A. a class D vehicle, other than one used on a driving range, must have dual control brakes and, when applicable, a dual control clutch pedal; and

B. a class A vehicle must have a parabolic mirror not less than five inches in diameter on each side of the motor vehicle.

Subp. 4. Class A, B, or C motor vehicle age limit.

A class A, B, or C motor vehicle may be used for more than ten years from the date it was first put into service, only if:

A. the motor vehicle has been inspected during the previous six months by a mechanic for a licensed truck dealer, or by a person certified to inspect commercial motor vehicles under Minnesota Statutes, section 169.781;

B. all repairs and replacements of parts indicated by the inspection have been made; and

C. records are available to show the inspection, repair, and replacement of parts.

Subp. 5. Age limit for semitrailers.

Semitrailers are exempt from age limitation provided there is a record of current inspection and repair.

Subp. 6. Age limit for motorcycles.

A motorcycle may be used for more than six years from the date first put into service, only if:

A. the tires, tubes, control cables, fuel line, spark plugs, front and rear brake pads and shoes, hydraulic brake hoses, wheel bearings, drive chain, battery, fork oil, brake and clutch cables, and steering and suspension have been inspected during the previous 12 months and each part not meeting operating specifications contained in the manufacturer's factory repair manual has been replaced;

B. a record is available to show the inspection and replacement of parts; and

C. the motorcycle has been inspected during the previous 12 months by a manufacturer's service representative or certified mechanic, by a motorcycle mechanic for a licensed motorcycle dealer, or by a certified technical college mechanic instructor.

Subp. 7. Age limit for class D motor vehicles.

A class D motor vehicle may be used for more than six years from the date first put into service, only if:

A. the following parts have been inspected during the previous 12 months and each part not meeting operating specifications contained in the manufacturer's factory repair manual has been replaced:

B. a record is available to show the inspection and replacement of parts; and

C. the motor vehicle was inspected during the previous 12 months by a manufacturer's service representative, a mechanic for a licensed dealer for the vehicle, a certified technical or vocational college mechanics instructor, or an automotive service excellence mechanic fully certified by a vocational or technical school or college in all areas of vehicle inspection.

Subp. 8. Vehicle markings.

While being used for on-street laboratory instruction, class A, B, C, and D program vehicles must have signs conspicuously and legally displayed on the rear of the vehicle, with background and letters of contrasting colors stating "Student Driver."

A. On vehicles used for class D driver education, the "Student Driver" lettering must be at least two but not more than five inches in height.

B. On vehicles used for class A, B, and C driver education, the "Student Driver" lettering must be at least ten inches in height.

C. No other signs or advertising may be displayed on the vehicle without the approval of the commissioner.

D. When on a vehicle owned or used by a public program, the sign must be removed when the vehicle is used for purposes other than driver education instruction.

Subp. 9. Tax-exempt plates.

Any vehicle owned or used by a driver education program and used exclusively for instruction may display tax-exempt license plates.

A. A letter stating that the vehicle is used for instruction in the driver education program and a copy of the program license or certificate of approval must be submitted to the commissioner when applying for tax-exempt license plates.

B. Any class D vehicle licensed under this subpart must have the name of the driver education program displayed on both sides of the vehicle in letters not less than 2-1/2 inches high and one-half inch wide.

C. Any class A, B, or C vehicle licensed under this subpart must have the name of the driver education program displayed on both sides of the vehicle in letters comparable to the marking requirements in Code of Federal Regulations, title 49, section 390.21. The color of the letters must contrast with the area on which they are placed.

Subp. 10. Good cause vehicle inspections.

When the commissioner has good cause to believe a vehicle used for driver education purposes does not meet the requirements of this chapter, the commissioner shall inspect or require the inspection of the vehicle.

Subp. 11. Commercial use of driver education program vehicle.

A class A, B, or C vehicle used in a driver education program may not be used for commercial purposes during driver education unless each condition in this subpart is met:

A. hazardous materials, hazardous substances, and hazardous waste are not transported;

B. an instructor accompanies the student in the motor vehicle while it is being used for commercial purposes; and

C. the student is covered by the program's insurance as required in part 7411.0270.

Subp. 12. Vehicle supplied by instructor or student.

If the instructor or the student supplies the vehicle to be used for driver education, the program must verify that the vehicle meets the requirements in this part and the program insurance requirements under part 7411.0270 before the vehicle may be used for driver education. If the student is already in possession of a license to operate the vehicle, the vehicle is exempt from the:

A. age requirements under subparts 4 to 7;

B. requirements of dual control brakes and dual control clutch pedal under subpart 3; and

C. program insurance requirements under part 7411.0270 for that vehicle, provided the program verifies that the vehicle used by the student during the instruction has at least the minimum amount of insurance required under Minnesota Statutes, chapter 65B.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.0900 [Repealed, 28 SR 1167]

[Repealed, 28 SR 1167]

Minn. R. 7411.1800 Program Administrative Enforcement Actions

Subpart 1. Suspension, revocation, or refusal to renew program license.

The license of a program may be revoked, suspended, or not renewed for any of the conditions specified in this subpart.

A. The license holder of the program has permitted fraud or engaged in fraudulent practices with respect to the license application, in the operation of the program, or the conduct of employment.

B. The program or an instructor has induced or countenanced fraud or fraudulent practices on the part of an applicant for a driver's license, endorsement, or instruction permit.

C. A certificate of enrollment or completion has been signed by the authorized official of the program and the official knew, or should have known after reasonable investigation, that information on the certificate was false.

D. There is evidence that intoxicating beverages have been present or consumed on the program premises or in its vehicles during a period of instruction.

E. The program or an instructor has delayed the start or completion of instruction without good reason.

F. The program or an instructor has conducted business in a way that adversely affects the student's education or public safety and that substantially departs from commonly accepted practices as used by other driver education programs and instructors.

G. The program or an instructor encouraged a student to continue indefinite instruction beyond the point the student is capable of passing a driver's license, permit, or endorsement examination or it is easily determined that the student, for one reason or another, could never pass an examination. A question about the competency of the student or the number of hours of instruction must be referred in writing to the commissioner.

H. The program failed to comply with the requirements for programs in this chapter and Minnesota Statutes, chapters 169 and 171.

I. The program or an instructor permitted, aided, or abetted the commission of an illegal act in the operation of the program or in the conduct of employment.

J. The program or an instructor has:

K. The program or an instructor committed serious or repeated violations of the requirements of a statute, rule, or correction order.

L. The program or an instructor has allowed the alteration or illegal use of a license or certificate of approval.

Subp. 2. Withdrawal of program approval.

The commissioner's approval of a program may be withdrawn for any of the conditions specified in subpart 1.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.1850 Suspension, Revocation, or Refusal to Renew Instructor's License

The license of an instructor may be revoked, suspended, or not renewed for any of the conditions specified in this part.

A. The license holder has permitted fraud or engaged in fraudulent practices with reference to the license application, in the operation of the program, provision of instruction, or employment conduct.

B. The instructor has induced or countenanced fraud or fraudulent practices on the part of an applicant for a driver's license, instruction permit, or endorsement.

C. There is evidence that the instructor consumed or permitted the consumption of intoxicating beverages on the program premises or in an education vehicle.

D. The instructor failed to keep or has been repeatedly late for appointments with students without good reason.

E. The instructor has delayed the start or completion of instruction without good reason.

F. The instructor has provided instruction in a way that adversely affects the student's education or public safety and that substantially departs from commonly accepted practices used by other driver education instructors.

G. The instructor has encouraged a student to continue indefinite instruction beyond the point the student is capable of passing a driver's license, permit, or endorsement examination or it can easily be determined that the student, for one reason or another, could never pass an examination. A question about the competency of the student or the number of hours of instruction must be referred in writing to the commissioner.

H. The instructor failed to comply with the requirements for instructors in this chapter and Minnesota Statutes, chapters 169 and 171.

I. The instructor permitted, aided, or abetted the commission of an illegal act in the operation of the program or in employment conduct.

J. The instructor engaged in conduct within the operation of the program or in the employment within the program, that is likely to harm the public or a student or that demonstrated a willful or careless disregard for the health or safety of other persons or students.

K. The program or an instructor has committed serious or repeated violations of the requirements of a statute, rule, or correction order.

L. The program or an instructor has allowed the alteration or illegal use of a license or certificate of approval.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.1875 Correction Order

The commissioner may issue to a licensed program or instructor or approved program a correction order requiring violations cited in the order to be corrected within 30 calendar days from the date the order is received.

A. The person to whom the order is issued shall provide information to the commissioner before the 31st day after the order is received demonstrating that the violation has been corrected or that the person has developed a corrective plan acceptable to the commissioner.

B. The commissioner shall determine whether the violation has been corrected and notify the person subject to the order of the commissioner's determination.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.1900 Cease and Desist Order

The commissioner, or a department employee designated by the commissioner, may issue an order to cease a program or instructor's activity if continuation of the activity would result in an immediate risk to public safety.

A. An order issued under this part is effective for a maximum of 72 hours.

B. In conjunction with the issuance of the cease and desist order, the commissioner may post a sign to cease an activity until the cease and desist order is lifted and the sign is removed by the commissioner.

C. To enjoin the violation after the 72 hours has expired, the commissioner must either:

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.1925 Administrative Review or Hearing

When the commissioner notifies a program or an instructor of a license revocation, suspension, or refusal to renew, or when the commissioner notifies a program of withdrawal of the program's approval, the affected program or instructor may request a review or hearing on the action in accordance with this part.

A. A license revocation, suspension, or refusal to renew or the withdrawal of approval is not effective until the time for requesting a review or hearing has lapsed or, if a review or hearing is requested, until completion of these proceedings.

B. The notice of revocation, suspension, or refusal to renew or the approval withdrawal is adjudged received three days after mailing to the last known address of the program or instructor as listed in the records of the commissioner.

C. The program or instructor may ask the commissioner to review the revocation, suspension, refusal, or withdrawal.

D. The program or instructor may request a contested case hearing under Minnesota Statutes, chapter 14, only after undergoing the review process in item C.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.1975 Professional Educator Licensing and Standards Board Referral

If the commissioner takes administrative action against a program due to action of an instructor with a license or certificate issued by the Professional Educator Licensing and Standards Board, the commissioner shall notify the board so appropriate action may be taken by the board.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167; L 2017 1Sp5 art 12 s 22

Minn. R. 7411.1985 Program Suspension or Termination of Unqualified Instructor

If a program has notice or should have notice that an instructor for that program does not meet the requirements to be an instructor, the program shall immediately suspend the instructor from providing instruction and report the suspension to the commissioner. If the instructor does not or cannot promptly meet the requirements to be an instructor, the program shall terminate the instructor's employment with the program as an instructor.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.2000 Commissioner Notice to Program of Instructor Disqualification

The commissioner shall notify a program if an instructor does not meet the requirements to be an instructor, as long as the information concerning the instructor is public data under Minnesota Statutes, section 13.03.

History

• Statutory Authority: MS s 14.06; 169.26; 169.446; 169.974; 171.02; 171.05; 171.055; 171.0701; 171.33 to 171.41; 299A.01
• History: 28 SR 1167

Minn. R. 7411.2100 [Repealed, 14 SR 2583]

[Repealed, 14 SR 2583]

Minn. R. 7411.2200 [Repealed, 14 SR 2583]

[Repealed, 14 SR 2583]

Minn. R. 7411.2300 [Repealed, 14 SR 2583]

[Repealed, 14 SR 2583]

Minn. R. 7411.2400 [Repealed, 14 SR 2583]

[Repealed, 14 SR 2583]

Minn. R. 7411.2500 [Repealed, 14 SR 2583]

[Repealed, 14 SR 2583]

Minn. R. 7411.2600 [Repealed, 14 SR 2583]

[Repealed, 14 SR 2583]

Minn. R. 7411.2700 [Repealed, 14 SR 2583]

[Repealed, 14 SR 2583]

Minn. R. 7411.3100 [Repealed, 28 SR 1167]

[Repealed, 28 SR 1167]

Minn. R. 7411.3200 [Repealed, 28 SR 1167]

[Repealed, 28 SR 1167]

Minn. R. 7411.3300 [Repealed, 34 SR 767]

[Repealed, 34 SR 767]

Minn. R. 7411.5100 Definitions

Subpart 1. Scope.

The terms used in parts 7411.5100 to 7411.5700 have the meanings given them in this part.

Subp. 2. Director.

"Director" means the person designated by the commissioner of public safety who shall have the immediate responsibility of the administration of this program.

Subp. 3. Administrator.

"Administrator" means the person designated by the sponsor to administer the local program, to include registration, record keeping, and reporting.

Subp. 4. Senior instructor.

"Senior instructor" means the person designated by the sponsor to conduct or be responsible for the course of instruction.

Subp. 5. Instructor.

"Instructor" means that person selected by the senior instructor to assist in instruction.

Subp. 6. Association of municipalities.

"Association of municipalities" means any association or organization of governmental units in Minnesota or any group of governmental units associated together for the purposes of the driver improvement clinic program.

Subp. 7. Regularly established safety organization.

"Regularly established safety organization" means an organization, committee of a chamber of commerce or other civic organization, or a safety committee of a community, recognized by the Minnesota Safety Council; also the Department of Public Safety.

Subp. 8. Satisfactorily complete.

"Satisfactorily complete" means attendance at all periods of the particular course offered, in addition to an evaluation acceptable to the referring agency of the attitude and knowledge of the individual as determined by the senior instructor.

History

• Statutory Authority: MS s 169.973

Minn. R. 7411.5200 Purpose

The purpose of parts 7411.5100 to 7411.5700 is to carry out the mandate of the legislature and to effectuate that mandate as set forth in Minnesota Statutes, sections 169.89, subdivision 5, 169.971 to 169.973, and 171.20, with reference to the establishment and conduct of driver improvement clinics for traffic violators as directed by a trial court or the commissioner of public safety, and others who may volunteer to attend.

History

• Statutory Authority: MS s 169.973

Minn. R. 7411.5300 Scope

The scope of parts 7411.5100 to 7411.5700 is intended to be confined within the framework of and consistent with the Minnesota Statutes, sections 169.89, subdivision 5, 169.971 to 169.973, and 171.20.

History

• Statutory Authority: MS s 169.973

Minn. R. 7411.5400 Method of Application

Subpart 1. Applicants.

Any court, municipality, association of municipalities, or regularly established safety organization may make application for approval to operate a driver improvement clinic on such form or forms as determined by the commissioner of public safety.

Subp. 2. Application information.

The application shall include the following information plus any other as may be determined by the commissioner:

A. designation of the local clinic administrator;

B. designation of the local clinic senior instructor;

C. outline of course curriculum;

D. description of facilities provided for the conduct of the course;

E. fees to be charged, and method of financial record keeping; and

F. the application shall indicate that the immediate traffic trial court of the community has agreed to participate in the driver improvement clinic.

History

• Statutory Authority: MS s 169.973

Minn. R. 7411.5500 Method of Approval

Upon receipt of an application from an authorized court, municipality, association of municipalities, or safety organization under Minnesota Statutes, section 169.972, for the approval of a driver improvement clinic, the director of the program shall review the information submitted and upon approval, the commissioner of public safety shall issue a certificate of approval.

History

• Statutory Authority: MS s 169.973

Minn. R. 7411.5600 Withdrawal of Approval

When the commissioner of public safety has evidence that an approved driver improvement clinic is operated contrary to the rules promulgated by the commissioner under authority of Minnesota Statutes, section 169.89, subdivision 5, 169.971 to 169.973, and 171.20, the commissioner may notify the sponsoring organization of intent to withdraw that approval or may withdraw that approval in writing to the sponsoring organization whereupon the certificate of approval shall be returned.

History

• Statutory Authority: MS s 169.973
• History: 17 SR 1279

Minn. R. 7411.5700 Method of Operation

Subpart 1. Certification of approval.

No driver improvement clinic shall be operated or considered as such for the purposes of Minnesota Statutes, sections 169.89, subdivision 5, 169.971 to 169.973, and 171.20, without a certificate of approval issued by the commissioner of public safety.

Subp. 2. Senior instructor.

The operation of each clinic, including course content, methods of instruction, and general conduct of the course, shall be the responsibility of the senior instructor as designated by the sponsor and approved by the commissioner. The senior instructor shall be a driver-education instructor so certified by the Minnesota Department of Education, or in the alternative a person who, on the effective date of parts 7411.5100 to 7411.5700, is satisfactorily acting as a senior instructor in driver improvement clinic schools and has been so acting for a period of over two years.

Subp. 3. Course hours.

The course of study shall be not less than eight hours and may not exceed a total of nine hours with no single class lasting more than three hours. The course may consist of three sessions of three hours each, or four sessions of two hours each.

Subp. 4. Course facility.

The facility for operation, including meeting room, visual aids, location, lighting, and similar teaching conditions shall be approved by the director.

Subp. 5. Course content.

The curriculum of the course shall include periods of instruction on the following subjects:

A. orientation and administration;

B. the accident problem;

C. Highway Traffic Regulation Act;

D. Driver License Act;

E. Safety Responsibility Act;

F. physics of driving;

G. driver attitudes and responsibilities;

H. safe driving practices; and

I. defensive driving.

Subp. 6. Workshop requirement.

Each senior instructor or an instructor designated by the senior instructor shall attend any workshop set up by the commissioner of public safety to develop curricula, share ideas, and discuss methods of improvements of the course of instruction. Attendance at one such workshop within a 12-month period shall be deemed compliance with this requirement.

Subp. 7. Statutory requirements.

All phases of operation, including administration, shall conform to Minnesota Statutes, sections 169.89, subdivision 5, 169.971 to 169.973, and 171.20, and parts 7411.5100 to 7411.5700.

Subp. 8. Methods of reporting.

The administrator of each driver improvement clinic shall keep such records of attendance as will enable the administrator to report to each referring agency the completion or failure to complete the course by each individual enrolled. The administrator of each driver improvement clinic shall keep such financial records and make such reports of the financial condition of each operation for the determination by the commissioner of public safety as to the reasonableness of tuition fees which may not exceed an average cost of the course. The commissioner of public safety shall keep such records as the commissioner may determine as necessary for statistical, evaluation, and accident prevention purposes.

History

• Statutory Authority: MS s 169.973
• History: 17 SR 1279; L 1995 1Sp3 art 16 s 13; L 2003 c 130 s 12

Minn. R. 7411.7100 Purpose

The purpose of parts 7411.7100 to 7411.7700 is to effectuate the mandate of the legislature as set forth in Minnesota Statutes, section 65B.28, to establish and regulate accident prevention courses for persons 55 years of age and older.

History

• Statutory Authority: MS s 14.388; 65B.28
• History: 9 SR 2383; 23 SR 1933

Minn. R. 7411.7200 Scope

The scope of parts 7411.7100 to 7411.7700 is confined to and consistent with Minnesota Statutes, section 65B.28.

History

• Statutory Authority: MS s 65B.28
• History: 9 SR 2383

Minn. R. 7411.7300 Definitions

Subpart 1. Scope.

The terms used in parts 7411.7100 to 7411.7700 have the meanings given them in this part.

Subp. 2. Certificate.

"Certificate" means a course completion certification.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of the Department of Public Safety.

Subp. 4. Satisfactorily complete.

"Satisfactorily complete" means attendance at all periods of the course offered.

History

• Statutory Authority: MS s 65B.28
• History: 9 SR 2383

Minn. R. 7411.7400 Application to Provide Course

A person or organization may apply for approval to offer an accident prevention course to insureds 55 years of age and older. The application must include the name of the person or organization offering the course, the name of the course administrator, an outline of the course curriculum, and the amount of the fees to be charged.

History

• Statutory Authority: MS s 14.388; 65B.28
• History: 9 SR 2383; 23 SR 1933

Minn. R. 7411.7500 Application Approval

Subpart 1. When application received.

Upon receiving an application from a person or an organization for the approval of an accident prevention course, the commissioner shall review the information submitted, determine approval, and if approved, issue a certificate of approval.

Subp. 2. Approval withdrawal.

With evidence that an approved accident prevention course is operated contrary to Minnesota Statutes, section 65B.28 or parts 7411.7100 to 7411.7700, the commissioner shall notify the sponsoring person or organization in writing that approval is withdrawn, whereupon the certificate of approval must be returned.

History

• Statutory Authority: MS s 65B.28
• History: 9 SR 2383

Minn. R. 7411.7600 Requirements for Approval and Operation

Subpart 1. Certificate of approval.

No accident prevention course is approved for purposes of an automobile insurance premium reduction if the course provider does not have a certificate of approval issued by the commissioner under part 7411.7500, subpart 1.

Subp. 2. Operation responsibility.

The operation of each accident prevention program, including course content, methods of instruction, and general conduct of the course, is the responsibility of the designated course administrator.

Subp. 3.

[Repealed, L 2024 c 104 art 1 s 110]

Subp. 4. Subjects.

The curriculum of the course must include periods of instruction in the following subject areas:

A. orientation and administration;

B. driver fitness, including emotions, frustrations, attitudes, temporary disabilities, vision, hearing, chronic illness, drugs, and alcohol; and

C. driving strategies, including factors affecting perception, identification, and prediction of traffic situations; evaluation of traffic hazards; decision making; and defensive driving.

Subp. 5. Workshops.

Each administrator or an instructor designated by the administrator shall attend any workshop set up by the sponsor to develop curricula, to share ideas, or to discuss methods of improvement of the course of instruction.

Subp. 6. Record keeping.

The administrator of each accident prevention course shall keep attendance records and shall report to the sponsor whether each individual enrolled has satisfactorily completed or failed to complete the course.

Subp. 7. Certificate of completion.

The administrator shall issue a certificate of completion to each person who satisfactorily completes the accident prevention course.

History

• Statutory Authority: MS s 65B.28
• History: 9 SR 2383

Minn. R. 7411.7700 Qualification for Insurance Premium Reduction

Satisfactory completion of an approved accident prevention course evidenced by possession of a certificate of completion indicates that the insured has met the requirements of Minnesota Statutes, section 65B.28 for an appropriate automobile insurance premium reduction. Persons 55 years of age or older who complete an accident prevention course every three years remain eligible for an appropriate automobile insurance premium reduction.

History

• Statutory Authority: MS s 14.388; 65B.28
• History: 9 SR 2383; 23 SR 1933

Chapter 7412 DRIVING WHILE INTOXICATED

Minn. R. 7412.0200 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.0300 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.0400 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.0500 [Repealed, L l985 1Sp4 s 9]

[Repealed, L l985 1Sp4 s 9]

Minn. R. 7412.0600 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.0700 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.0800 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.0900 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.1000 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.1100 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.1200 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.5100 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.5200 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.5300 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.5400 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.5500 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Minn. R. 7412.5600 [Repealed, L 1985 1Sp4 s 9]

[Repealed, L 1985 1Sp4 s 9]

Chapter 7413 MOTOR VEHICLE, MOTORCYCLE INSURANCE

Minn. R. 7413.0100 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the following terms shall have the meanings ascribed to them.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Public Safety.

Subp. 3. Insurance policy.

"Insurance policy" means a plan of reparation security as required by Minnesota Statutes 1979 Supplement, chapter 65B.

Subp. 4. Owner.

"Owner" means a person other than a lienholder or secured party who owns or holds legal title to a motor vehicle or motorcycle, or in the event that a motor vehicle or motorcycle is the subject of a security agreement or lease, having an initial term of six months or longer with option to purchase and the debtor or lessee is entitled to the immediate use or possession of the motor vehicle or motorcycle, then the debtor or lessee shall be deemed the owner.

Subp. 5. Reparation obligor.

"Reparation obligor" means an insurer or self-insurer as defined by Minnesota Statutes, section 65B.43.

History

• Statutory Authority: MS s 169.798
• History: L 1992 c 571 art 14 s 13

Minn. R. 7413.0200 Purpose

The purpose of this chapter is to implement and provide effective administration of the provisions requiring and governing termination of a plan of reparation security as required by Minnesota Statutes 1979 Supplement, chapter 65B.

History

• Statutory Authority: MS s 169.798
• History: L 1992 c 571 art 14 s 13

Minn. R. 7413.0300 Scope

The scope of this chapter is intended to be consistent with the provisions of Minnesota Statutes 1979 Supplement, section 65B.68.

History

• Statutory Authority: MS s 169.798
• History: L 1992 c 571 art 14 s 13

Minn. R. 7413.0400 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7413.0500 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7413.0600 Duty to Provide Information

All reparation obligors shall comply with all written requests from the department to furnish information concerning the effective dates of an insurance policy.

History

• Statutory Authority: MS s 169.798
• History: L 1992 c 571 art 14 s 13

Minn. R. 7413.0700 Failure to Maintain Insurance

If department records indicate that any owner has ceased to maintain a required insurance policy, the commissioner shall suspend the registration certificate and license plates for the motor vehicle or motorcycle and may demand their immediate surrender by the owner. The commissioner may direct any peace officer to serve an order of suspension or revocation and secure any registration certificate and license plates not surrendered.

History

• Statutory Authority: MS s 169.798
• History: L 1992 c 571 art 14 s 13

Minn. R. 7413.0800 Replacement

Upon certification that the motor vehicle or motorcycle is covered by an insurance policy and application and payment of all applicable fees, the commissioner may issue a replacement registration certificate and license plates to the owner of a motor vehicle or motorcycle for which the registration certificate and license plates have been suspended.

History

• Statutory Authority: MS s 169.798
• History: L 1992 c 571 art 14 s 13

Chapter 7414 SCHOOL BUS DRIVER QUALIFICATIONS

Minn. R. 7414.0100 Definitions

Subpart 1. Scope.

The terms in this chapter have the meanings given them in this part.

Subp. 1a. CDL holder.

"CDL holder" means a person who was issued a commercial driver's license or a commercial learner's permit by the commissioner or another jurisdiction as long as the CDL or CLP is not expired or, if expired, expired less than one year from the date of expiration.

Subp. 2. Charter carrier.

"Charter carrier," as used in the definition of "school bus," has the meaning given in Minnesota Statutes, section 221.011, subdivision 21.

Subp. 2a. Commercial driver's license (CDL).

"Commercial driver's license" or "CDL" has the meaning given in Code of Federal Regulations, title 49, section 383.5.

Subp. 3. Department.

"Department" means the Minnesota Department of Public Safety.

Subp. 4. Driver.

"Driver" has the meaning given in Minnesota Statutes, section 171.01, subdivision 31.

Subp. 5. Head Start bus.

"Head Start bus" has the meaning given in Minnesota Statutes, section 171.01, subdivision 36.

Subp. 6. Head Start bus driver.

"Head Start bus driver" has the meaning given in Minnesota Statutes, section 171.3215, subdivision 1, paragraph (d).

Subp. 7. License.

"License" has the meaning given in Minnesota Statutes, section 171.01, subdivision 37.

Subp. 7a. Medical examiner.

"Medical examiner" has the meaning given in Minnesota Statutes, section 171.01, subdivision 38a.

Subp. 8. Motor vehicle.

"Motor vehicle" has the meaning given in Minnesota Statutes, section 171.01, subdivision 39.

Subp. 9. Parent or guardian.

"Parent" or "guardian," as used in the definition of "school bus," means a person having legal custody of a school-age child or pupil.

Subp. 10. School.

"School" has the meaning given in Minnesota Statutes, section 120A.22.

Subp. 11. School bus.

"School bus" has the meaning given in Minnesota Statutes, section 171.01, subdivision 46.

Subp. 12. School bus driver.

"School bus driver" has the meaning given in Minnesota Statutes, section 171.3215, subdivision 1, paragraph (b).

Subp. 13. School children or pupil.

"School children" or "pupil," as used in the definition of "school bus" and in Minnesota Statutes, section 171.321, subdivision 1, means:

A. an individual meeting the qualifications for admission to a public school as specified in Minnesota Statutes, section 120A.20; or

B. an individual admitted to or enrolled in a school as defined in Minnesota Statutes, section 120A.22.

Subp. 14. School-related trip or activity.

"School-related trip or activity," as used in the definition of "school bus," is a function undertaken, sanctioned, sponsored, endorsed, or authorized by a school or school district.

Subp. 15. School district.

"School district" has the meaning given in Minnesota Statutes, section 120A.05.

History

• Statutory Authority: MS s 14.06; 171.09; 171.162; 171.321; 299A.01; L 2010 c 242 s 10
• History: 22 SR 2343; L 1998 c 397 art 11 s 3; 36 SR 809

Minn. R. 7414.0200 Basic Requirement; Applicability

Every person required by Minnesota Statutes, section 171.321 to have a school bus endorsement on the person's driver's license must meet the requirements specified in this chapter.

A. A person who operates a motor vehicle with a seating capacity for ten or fewer persons used as a school bus is not required to have a school bus endorsement if:

B. The driver of a vehicle operated as a Head Start bus is not subject to the qualifications in this chapter for a school bus endorsement, except that the driver is subject to the disqualification provisions applicable to a Head Start bus driver in Minnesota Statutes, section 171.3215.

C. The transportation of persons by a charter carrier is not subject to the provisions of this chapter.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 13 SR 1448; 22 SR 2343

Minn. R. 7414.0300 Tests

Subpart 1. Initial endorsement.

To obtain an initial school bus endorsement to drive a school bus, a person must satisfactorily pass a written test and a road test administered by the department.

Subp. 2. Written test.

The applicant for a school bus endorsement on the driver's license must satisfactorily pass a written test administered by the department.

A. The written test must be based on:

B. The written test must contain at least 50 questions.

C. There must be at least two forms of the test with the questions arranged in different order on each form.

D. The written test is satisfactorily passed if a score of at least 80 percent is obtained.

Subp. 3. Road test.

The applicant must satisfactorily pass a road test administered by the department in a school bus that represents the least restrictive category of a school bus the applicant expects to operate.

A. The road test must evaluate knowledge of the school bus, bus-related equipment, operation of the motor vehicle in accordance with Minnesota Statutes, chapter 169, and the rules contained in chapter 7470, and include:

B. The road test is satisfactorily passed if a score of at least 80 percent is obtained.

C. In determining whether a score of at least 80 percent has been obtained, the commissioner of public safety shall weight each portion of the test with regard to the criticalness of the specific factor being tested in relation to overall driving safety.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343; L 1998 c 397 art 11 s 3

Minn. R. 7414.0350 Endorsement Categories

An endorsement to drive a school bus on a Minnesota driver's license must be issued by the department in one of the categories specified in items A to D. The endorsement must be issued based on the passenger capacity of the school bus and the gross vehicle weight (GVW) of the motor vehicle used by the applicant to take the road test.

A. An "A" category endorsement is unrestricted. The license holder may drive a school bus with a GVW of more than 26,000 pounds as well as a school bus described in item B, C, or D.

B. A "B" category endorsement is restricted. The license holder may drive a school bus designed to transport 24 or more passengers with a GVW of 26,000 pounds or less. The license holder may also drive a school bus described in item C or D.

C. A "C" category endorsement is restricted. The license holder may drive a school bus with 16 to 23 passengers with a GVW of 26,000 pounds or less. The license holder may also drive a school bus described in item D.

D. A "D" category endorsement is restricted. The license holder may only drive a school bus designed to transport 15 or fewer passengers.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.0400 Driver Background Check

Subpart 1. Scope.

Before issuing or renewing a driver's license with a school bus endorsement, the department shall conduct a background check to investigate the applicant's criminal and driving records. The department shall use the criteria listed in subpart 3 and Minnesota Statutes, section 171.3215, when issuing or denying an application for a new school bus endorsement or when renewing or canceling an existing endorsement.

Subp. 1a. Temporary endorsement.

An otherwise qualified applicant seeking a temporary endorsement on the driver's license to drive a school bus pursuant to Minnesota Statutes, section 171.321, subdivision 3, paragraph (b), shall present to the department at the time of application for the temporary endorsement, the affidavits described in this subpart.

A. The applicant shall sign and have notarized an affidavit attesting:

B. The applicant shall submit a signed and notarized affidavit from an authorized individual of a school district or a contractor employed by a school or school district:

C. For an individual who has resided in the state for the past five years immediately before the date of application, the criminal history check must be obtained by the department through the state criminal records repository of the Bureau of Criminal Apprehension.

D. For an individual who has been a resident of a state other than Minnesota at any time in the five years immediately before the date of application, a criminal history check must be obtained from:

Subp. 2.

[Repealed, 22 SR 2343]

Subp. 3. Felony charges.

The department shall not consider the application for an initial school bus endorsement of an individual charged with a felony against another until that individual is found not guilty of the charge.

A driver with a school bus endorsement who is charged with a felony against another shall notify the employer within seven days of the charge. If the driver fails to notify the employer, the department shall revoke the endorsement. If the endorsement is revoked under this paragraph, the department shall not reinstate the endorsement until the driver is found not guilty of the charge or until five years have elapsed since the final disposition of the case or the applicant's release from a correctional facility, whichever event occurs last.

Subp. 4.

[Repealed, 22 SR 2343]

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 13 SR 1448; 22 SR 2343

Minn. R. 7414.1100 Physician's Certificate

An applicant for a school bus driver's endorsement shall be in good physical and mental health, able-bodied, and free from communicable disease. As evidence of physical fitness and mental alertness, the applicant shall submit to a physical examination by a reputable physician designated by the local school authorities; and the physician's certificate of physical fitness and mental alertness shall accompany the application for school bus driver's endorsement when presented to the Department of Public Safety.

History

• Statutory Authority: MS s 171.321
• History: 17 SR 1279

Minn. R. 7414.1200 Physical Qualifications Requirement, Generally

The department shall consider an applicant for an initial school bus endorsement or for renewal of a school bus endorsement to be physically qualified for endorsement to operate a school bus when the applicant provides evidence of being examined and the evidence shows that the examiner has determined that the applicant meets the requirements in Code of Federal Regulations, title 49, section 391.41, which are incorporated by reference.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 13 SR 1448; 22 SR 2343

Minn. R. 7414.1300 Examination Form and Certificate

The examination form used by the physician to record the physical condition of the applicant must substantially comply with the form prescribed in Code of Federal Regulations, title 49, section 391.43, paragraph (f). A form may be obtained from the department or from any driver examining station. The certificate of the examining physician must be substantially in accordance with the certificate in Code of Federal Regulations, title 49, section 391.43, paragraph (g).

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1400 Periodic Physical Reexamination

Each driver with a school bus endorsement shall take and pass a physical examination every two years to retain the school bus endorsement.

A. The two-year reexamination period starts from the examination date of the most recent physical examination certificate submitted by a driver with a school bus endorsement.

B. The department will send a physical examination certificate to a driver with a school bus endorsement.

C. A driver with a school bus endorsement shall return the certificate, completed by the examining physician, along with a $2 processing fee, on or before the expiration of the two-year period, to the department.

D. If the driver fails to pass the physical examination or return the physical examination certificate within two years of the date of the last physical examination filed with the department, the commissioner of public safety shall cancel the school bus endorsement from the Minnesota driver's license.

E. If a person's school bus endorsement is canceled because of a failure to submit the certificate verifying physical reexamination within two years after the initial or a subsequent physical examination, the person is allowed up to three years after the date of the last physical examination to submit the required certificate of physical examination without having to retake the written test and road test for school bus endorsement.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 17 SR 1279; 19 SR 1131; 22 SR 2343

Minn. R. 7414.1410 Physical Qualifications Waiver; Request, Application

Subpart 1. Waiver request, generally.

An individual who does not meet the physical qualifications for a school bus endorsement because of a failure to meet the requirements in Code of Federal Regulations, title 49, section 391.41, may request a waiver from the commissioner of public safety according to the procedures and criteria specified in parts 7414.1410 to 7414.1570.

Subp. 2. Application.

An application for a waiver must be submitted by the applicant seeking the school bus endorsement. The application must be submitted to the Minnesota Department of Public Safety, Driver and Vehicle Services Division.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1420 Application Contents for Waiver, Generally

An application for a waiver must:

A. contain the applicant's name, address, birth date, driver's license number, and date of license expiration;

B. specify the physical qualification for which a waiver is requested;

C. describe the applicant's disability or impairment;

D. describe the school bus the applicant intends to drive including the passenger capacity of the vehicle and gross vehicle weight, if known;

E. estimate the period of time per day the driver will be driving and on duty;

F. contain the driving record for the last three years, if any, the applicant has operated a commercial vehicle and the driving record for the last three years the applicant has operated all types of motor vehicles from each state the applicant has had a driver's license or permit;

G. contain a copy of the form for the physical examination performed according to Code of Federal Regulations, title 49, section 391.41, and a copy of the certificate from the examining physician attesting that the applicant is otherwise qualified, except for the disability or impairment for which a waiver is requested;

H. contain a copy of the applicant's road test as prescribed by the department's Driver and Vehicle Services Division;

I. describe the alternative measures; modification of policies, practices, or procedures; or the provision of auxiliary aids or services that will be taken to ensure that there is no significant risk to the health and safety of the public and pupils if the waiver is granted; and

J. contain the signature of the applicant and the date.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1430 Limb Impairment Waiver; Additional Information

The application of an applicant seeking a waiver because of the failure to meet the physical qualifications in Code of Federal Regulations, title 49, section 391.41, paragraph (b)(1) or (b)(2), must also contain:

A. a description of the vehicle the applicant intends to drive that specifies:

B. a medical waiver summary completed by either a doctor of physical medicine or orthopedic surgeon that includes:

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1440 Vision Waiver; Additional Application Information

The application of an applicant seeking a waiver because of the failure to meet the vision requirements in Code of Federal Regulations, title 49, section 391.41, paragraph (b)(10), must also contain a letter signed and dated from an optometrist or ophthalmologist that:

A. identifies and defines the visual deficiency;

B. certifies that the applicant's visual acuity is at least 20/40 Snellen, corrected or uncorrected, in the better eye;

C. certifies that the applicant has a field of vision of no less than 120 degrees of field in one or both eyes together as demonstrated on a Goldman perimeter using a IIIe target, or equivalent full field test using an automated perimeter;

D. certifies that the individual recognizes the colors of red, green, and amber in traffic signals in an actual field test if the subject fails a color screening test or a comparable color contrast sensitivity test; and

E. certifies that in the examiner's opinion the applicant can safely perform the normal school bus driver operations required.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1450 Diabetes Waiver; Additional Information

The application of an applicant seeking a waiver because of the failure to meet the requirement in Code of Federal Regulations, title 49, section 391.41, paragraph (b)(3), relating to diabetes mellitus currently requiring insulin for control must also contain:

A. a letter signed and dated from a physician licensed under Minnesota Statutes, chapter 147, attesting that:

B. a signed statement from an examining ophthalmologist indicating that the applicant:

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1460 Epilepsy, Loss of Control Waiver; More Information

The commissioner shall not approve the application of any applicant seeking a waiver because of the failure to meet the requirement in Code of Federal Regulations, title 49, section 391.41, relating to epilepsy or any other condition likely to cause loss of consciousness or loss of ability to control a motor vehicle safely.

History

• Statutory Authority: MS s 14.06; 171.09; 171.162; 171.321; 299A.01; L 2010 c 242 s 10
• History: 22 SR 2343; 36 SR 809

Minn. R. 7414.1470 General Criteria for Granting Waiver

The commissioner shall grant a waiver if:

A. the waiver was requested in the manner prescribed by parts 7414.1410 to 7414.1460;

B. the waiver will have no potential adverse effect on public or pupil safety;

C. any alternative measures; the modification of policies, practices, or procedures; or the provision of auxiliary aids or services, if any, are equivalent or superior to those prescribed in rules; and

D. the waiver does not waive a statutory standard.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1490 [Repealed, L 2021 1Sp5 art 4 s 151]

[Repealed, L 2021 1Sp5 art 4 s 151]

Minn. R. 7414.1500 Additional Examinations

Pursuant to Minnesota Statutes, section 171.13, subdivisions 1 and 3, the commissioner may require a medical examination of an applicant for a school bus endorsement or licensed driver with a school bus endorsement to determine incompetency, physical or mental disability or disease, or any other condition that might affect the driver in exercising reasonable and ordinary control over a motor vehicle.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1510 Granting Waiver for Epilepsy, Loss of Control

A waiver that is granted to the applicant who fails to meet the physical requirement in Code of Federal Regulations, title 49, section 391.41, paragraph (b)(8), relating to epilepsy, or any other condition likely to cause loss of consciousness or control, must require the applicant to:

A. meet the requirements specified in part 7414.1460;

B. obtain a recommendation to grant a waiver from the department's seizure subcommittee of neurologists established under part 7410.3000; and

C. comply with the reporting provisions of part 7410.2500, subparts 2 and 2a.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1520 No Waiver for Hearing

The hearing qualifications contained in Code of Federal Regulations, title 49, section 391.41, paragraph (b)(11), are not subject to waiver for a person applying for a school bus endorsement.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1530 Granting Waiver for Vision

A waiver from the vision qualifications contained in Code of Federal Regulations, title 49, section 391.41, paragraph (b)(10), relating to vision, may be granted only if the requirements in part 7414.1440, are met.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1550 Effect of Waiver

A waiver has only future effect. The driver is subject to the alternative measures, conditions, or limitations attached to the waiver and to the enforcement actions and penalties of the applicable law or rule.

A. The driver or applicant must have the waiver in possession whenever operating a school bus.

B. If the driver violates the alternative measures, conditions, or limitations attached to the waiver, the applicant is subject to the enforcement actions and penalties provided in the applicable law or rule. The applicant shall notify the commissioner in writing within 30 days of any material change in the conditions upon which the waiver was granted.

History

• Statutory Authority: MS s 14.06; 171.09; 171.162; 171.321; 299A.01; L 2010 c 242 s 10
• History: 22 SR 2343; 36 SR 809

Minn. R. 7414.1560 Renewal of Waiver

Subpart 1. Request.

A request for a renewal of a waiver must be submitted by the driver to the commissioner of public safety in writing at least 30 days before its expiration date. The renewal request must contain the current information specified in parts 7414.1410 to 7414.1460.

Subp. 2. Renewal upon satisfactory compliance.

The commissioner shall renew the waiver if the applicant continues to satisfy the criteria contained in this part and demonstrates compliance with any alternative measures, conditions, or limitations imposed at the time the original waiver was approved.

Subp. 3. Material change.

Subpart 2 does not apply if there has been any material change in the conditions upon which the variance was granted, such as a change in the type or category of school bus to be driven or a material change in the applicant's medical condition.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1570 Notice of Denial, Revocation, Refusal to Renew; Appeal

Subpart 1. Notification.

The commissioner of public safety shall notify the applicant in writing of the commissioner's decision to grant or deny the waiver.

A. If the waiver is granted, the notice shall specify the period of time for which the waiver is effective and any alternative measures, conditions, or limitations the applicant or driver must meet.

B. If the waiver is denied, the commissioner shall specify the reasons for the denial and indicate that the individual may request a review of the commissioner's decision by a medical review panel established under part 7410.3000.

Subp. 2. Action.

The commissioner shall deny, revoke, or refuse to renew a waiver if the commissioner determines the criteria and conditions in parts 7414.1470 to 7414.1560 are not met.

Subp. 3. Appeal.

An applicant or driver may appeal the denial revocation, or refusal to renew a waiver, by requesting in writing a review of the commissioner's decision by the medical review board established under part 7410.3000.

History

• Statutory Authority: MS s 14.06; 171.321; 299A.01
• History: 22 SR 2343

Minn. R. 7414.1600 Federal Commercial Carrier Medical Examination

Subpart 1. Exemption.

An applicant for an initial school bus driver's endorsement or for renewal of a school bus driver's endorsement is exempt from parts 7414.1100, 7414.1200, 7414.1300, and 7414.1400, upon providing evidence of being medically examined and certified within the preceding 24 months as physically qualified to operate a commercial motor vehicle, pursuant to Code of Federal Regulations, title 49, part 391, or Minnesota Statutes, section 221.0314, incorporating those federal regulations. As evidence of being medically examined and certified, the applicant is required to submit, to the commissioner, the original or photographic copy of the commercial motor carrier physical examination form or the medical examiner's certificate under those federal regulations.

Subp. 2. Periodic reexamination.

Each school bus driver is required to take and pass a physical examination every two years in order to retain the school bus driver's endorsement. The two-year reexamination period will start from the examination date of the most recent physical examination form or medical examiner's certificate submitted by a school bus driver under subpart 1. A school bus driver must submit the original or photographic copy of the completed physical examination form or medical examiner's certificate and the processing fee to the commissioner. The processing fee established in Minnesota Statutes, section 171.06, subdivision 2, paragraph (d), must be submitted at the time of application or renewal. Failure to pass the physical examination and submit the physical examination form or medical examiner's certificate will result in cancellation of the school bus driver's endorsement from the commercial driver's license and the CDL holder will be subject to part 7421.0800.

History

• Statutory Authority: MS s 171.09; 171.162; 171.321; L 2010 c 242 s 10
• History: 19 SR 1131; 36 SR 809

Minn. R. 7414.2100 Renewal Requirements

Subpart 1. Written examination.

Every four years a school bus driver applying for the renewal of a driver's license and school bus endorsement shall pass a written examination containing only such material as the commissioner of public safety deems necessary to determine if the licensee is entitled to retain the endorsement previously issued.

Subp. 2. Noncompliance.

Failure to comply with any of the requirements of this part shall result in the cancellation or denial of the school bus driver's endorsement.

History

• Statutory Authority: MS s 171.321
• History: 17 SR 1279

Chapter 7415 SCHOOL SAFETY PATROLS

Minn. R. 7415.0200 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 7415.0200 to 7415.0800 is to establish the method of identification and signals for school safety patrol, including equipment standards and proper usage procedures.

Subp. 2. Scope.

The scope of parts 7415.0200 to 7415.0800 is intended to be consistent with the provisions of Minnesota Statutes, section 121A.34.

History

• Statutory Authority: MS s 126.15
• History: L 1998 c 397 art 11 s 3

Minn. R. 7415.0300 School Safety Patrol Flag and Pole

Each school safety patrol flag shall meet the following standards:

A. The flag shall be blaze orange in color with an octagonal of yellow bearing the word "STOP" in black letters.

B. The flag shall be 24 inches in width at the bottom.

C. The inside edge of the flag shall be 21 inches in length.

D. The outside edge of the flag shall be 27 inches in length.

E. The octagonal center of yellow shall measure at least 9-1/2 inches from side to side and the black letters of the word "STOP" shall be in a block type at least three inches in height.

F. The letters of the word "SCHOOL" appearing above the word "STOP" shall be in block type at least 1-1/8 inches in height.

G. The letters of the word "PATROL" appearing below the word "STOP" shall be in block type at least 1-1/8 inches in height.

H. The octagon shall be affixed to the flag in such a manner that the bottom side of the octagon and the word "STOP" shall be parallel with the ground when the pole is held at a 45-degree upward angle, as illustrated in part 7415.9910.

I. The octagonal yellow field shall be centered equidistantly from the sides and bottom of the flag.

J. Both sides of the flag shall be identical.

K. Retroreflective material may be applied to the flag if the school administrator deems such application is necessary and feasible. If reflectorized, such application must be accomplished in conformance with the following specifications:

L. The flag shall be attached to a lightweight pole with a minimum length of five feet. Longer or extension poles may be used at crossings on unusually wide streets. Weights may be attached to the bottom of the flag to hold it in a vertical position in windy weather in order to be visible to the approaching drivers.

M. A private sponsor's decal or logo, no larger than four inches by three inches, may be affixed to the flag, but no portion of this logo may be within the octagonal yellow field.

History

• Statutory Authority: MS s 126.15

Minn. R. 7415.0400 Equipment Worn by Patrol Member

Subpart 1. Sam Browne belt.

The Sam Browne belt, vest, or sash with pole socket worn by a school safety patrol member shall be made of leather, web, or plastic material. This equipment shall be worn over outer garments while on duty. Color may be white or blaze orange.

Subp. 2. Safety patrol badge.

The school safety patrol badge may be worn by each patrol member while on duty. This badge shall be attached to the Sam Browne belt, vest, or sash in such position as to be plainly visible.

History

• Statutory Authority: MS s 126.15
• History: L 1998 c 397 art 11 s 3

Minn. R. 7415.0500 Procedure at Street Intersection or Crossing

A school patrol member must comply with the following procedures at street intersections and crossings:

A. The patrol member shall stand on the road shoulder or curb (not in the roadway) where traffic shall be observed approaching from all directions.

B. The patrol member shall instruct the children to remain in place until a break or lull in traffic is seen. During this time, except when actually issuing directions to the children, the patrol member shall stand erect and at attention with the flag staff resting on the ground in a vertical position to the right of the right foot. In this latter position the patrol member will more readily be observed by drivers of approaching vehicles.

C. When a lull occurs in traffic the flag shall be raised vertically upward over the patrol member's head for a period of four seconds, to alert any oncoming traffic.

D. When the lanes of the roadway are clear of traffic the patrol member shall extend the flag into the traffic lane at an angle of approximately 45 degrees upward. This will be the signal for all the children to start crossing the street. Holding the flag at a 45-degree angle will place it above the heads of the children. With two patrol members at one intersection, each member shall make a quarter turn in the direction of the oncoming traffic and remain as close as practicable to the curb or shoulder.

E. While children are crossing the street in a column, the patrol member shall keep this position while watching or facing approaching traffic.

F. After the children have completed crossing the street, the patrol member shall return to the original position on the shoulder or curb.

G. Under no circumstances shall the flag ever be waved or misused in any manner.

H. There shall be one or more patrol members at each crossing. When two are used, one patrol member shall operate as the sender on the side from which the children gather, and the other shall take a similar position on the opposite side of the roadway and operate as the receiver.

I. At least two patrol members shall be used at a particular crossing when, in the opinion of local law enforcement officials, traffic or other conditions are such that more than one patrol member is needed for the safety of the school children.

J. Patrol members shall continually watch oncoming traffic while children are crossing the roadway and be constantly alert for danger. They shall stand between the children and approaching traffic and remain as close as practicable to the curb or shoulder.

History

• Statutory Authority: MS s 126.15
• History: 10 SR 1032; L 1998 c 397 art 11 s 3

Minn. R. 7415.0600 Procedure at Railroad Crossings

The patrol flag shall never be used at railroad crossings. The patrol member shall direct children to remain at least a distance of 20 feet from the nearest railroad track until the patrol member has completed an inspection to see if there are any approaching trains. When there are no approaching trains, the children shall be directed to cross the tracks by the patrol member who shall remain at the proper position until all have crossed.

History

• Statutory Authority: MS s 126.15
• History: L 1998 c 397 art 11 s 3

Minn. R. 7415.0700 School Bus Safety Patrol Procedures

Subpart 1. School bus crossing at railroad tracks.

Patrol members shall motion the bus across the railroad tracks in the following manner:

A. Patrol members shall take a position so as to have a clear view of the railroad track in both directions.

B. If a train is approaching the crossing, the patrol member shall not cross the tracks but shall face the bus at a safe distance from the tracks and give the signal for the bus not to proceed by holding up both hands above the head.

C. When the railroad track is clear and safe for crossing, the patrol member shall cross the tracks and signal, with a forward motion of an upraised arm, for the driver to proceed across the tracks to a point at least 2-1/2 bus lengths beyond the tracks, where the patrol member shall reenter the bus.

Subp. 2. Crossing roadways from a school bus.

Safety patrol procedures for crossing roadways from a school bus are:

A. The driver of a school bus is responsible for the safety of the children, and the presence of a school bus safety patrol member in no way relieves the driver of such responsibility.

B. In directing pupils across the roadway after alighting from the bus, the patrol member shall escort the pupils to a position at least ten feet in front of the bus. When it is ascertained that there is no approaching traffic, the patrol member shall step out one pace beyond the fender line of the bus and extend the flag into the opposite lane at a 45-degree angle and direct the pupils to proceed across the roadway.

C. The patrol member shall not escort each pupil across the roadway, but shall remain at the designated post near the front of the bus.

D. Crossing the roadway behind the bus shall never be permitted.

History

• Statutory Authority: MS s 126.15
• History: 17 SR 1279; L 1998 c 397 art 11 s 3

Minn. R. 7415.0800 Police Officer, Traffic Signal Control

Subpart 1. Traffic-controlled intersections.

At intersections where traffic is controlled by a police officer, a traffic signal, or both, the patrol member shall direct the crossing of the children in conformity with the direction of the signal or the police officer.

Subp. 2. Intersections not regularly controlled.

At intersections where there is no regular traffic control, the traffic may be sufficiently heavy to require the special assignment of a police officer at times when children are going to and from school. When this is done, the patrol member should cooperate with police officers.

History

• Statutory Authority: MS s 126.15
• History: L 1998 c 397 art 11 s 3

Minn. R. 7415.9910 School Safety Patrol Stop Flag

History

• Statutory Authority: MS s 126.15

Chapter 7416 FIREARMS PERMITS

Minn. R. 7416.0100 Application for a Handgun Transferee Permit

An application for a handgun transferee permit must be made on a form entitled "Minnesota Uniform Firearm Application/Receipt Transferee Permit or Report of Transfer for Firearms." A facsimile of the form is reproduced at part 7416.9911.

History

• Statutory Authority: MS s 624.7151
• History: 18 SR 390; 19 SR 1151

Minn. R. 7416.0200 Pistol Transferee Permit

A pistol transferee permit must be issued on a form entitled "Minnesota State Permit to Acquire Handguns From Federal Firearms Dealers." A facsimile of the form is reproduced at part 7416.9940.

History

• Statutory Authority: MS s 624.7151
• History: 18 SR 390

Minn. R. 7416.0300 Report of Transfer of a Handgun

A report of transfer of a handgun must be made on a form entitled "Minnesota Uniform Firearm Application/Receipt Transferee Permit or Report of Transfer for Firearms." A facsimile of the form is reproduced at part 7416.9911.

History

• Statutory Authority: MS s 624.7151
• History: 18 SR 390; 19 SR 1151

Minn. R. 7416.0400 Application for a Permit to Carry a Pistol

An application for a permit to carry a pistol must be made on a form entitled "Minnesota Uniform Firearm Application/Receipt, Carry Permit for Handgun in Public Place." A facsimile of the form is reproduced at part 7416.9931.

History

• Statutory Authority: MS s 624.7151
• History: 18 SR 390; 19 SR 1151

Minn. R. 7416.0500 Permit to Carry a Pistol

A permit to carry a pistol must be issued on a form entitled "Minnesota State Permit to Carry a Handgun." The permit, when issued, must be wallet sized and must be covered by plastic or some other material to protect against tampering or alteration of the permit. A facsimile of the form is reproduced at part 7416.9950.

History

• Statutory Authority: MS s 624.7151
• History: 18 SR 390

Minn. R. 7416.9910 [Repealed, 19 SR 1151]

[Repealed, 19 SR 1151]

Minn. R. 7416.9911 Minnesota Uniform Firearm Application/Receipt Transferee Permit or Report of Transfer for Firearms

A.

B.

C.

History

• Statutory Authority: MS s 624.7151
• History: 19 SR 1151

Minn. R. 7416.9920 [Repealed, 19 SR 1151]

[Repealed, 19 SR 1151]

Minn. R. 7416.9930 [Repealed, 19 SR 1151]

[Repealed, 19 SR 1151]

Minn. R. 7416.9931 Minnesota Uniform Handgun Application/Receipt Carry Permit for Handgun in Public Place

A.

B.

C.

History

• Statutory Authority: MS s 624.7151
• History: 19 SR 1151

Minn. R. 7416.9940 Minnesota Permit to Acquire Handguns from Federal Firearms Dealers

The permit holder is entitled to acquire handguns from federal firearms dealers pursuant to Minnesota Statutes Sections 624.711 - 624.718 until: EXPIRES: _

This Permit must be presented by the permittee with other qualifying Minnesota Identification before the sale of the pistol may be completed.

History

• Statutory Authority: MS s 624.7151
• History: 18 SR 390

Minn. R. 7416.9950 Minnesota Permit to Carry Handgun

History

• Statutory Authority: MS s 624.7151
• History: 18 SR 390

Chapter 7417 UNIFORM DANGEROUS DOG TAG

Minn. R. 7417.0100 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 7417.0100 to 7417.0400 is to establish the design of a uniform dangerous dog tag, to be inscribed on or attached to each dangerous dog's tag and affixed to each dangerous dog's collar at all times.

Subp. 2. Scope.

The scope of parts 7417.0100 to 7417.0400 is to be consistent with the provisions of Minnesota Statutes, section 347.51, subdivision 7.

History

• Statutory Authority: MS s 347.51
• History: 19 SR 1227

Minn. R. 7417.0200 Uniform Dangerous Dog Tag

Subpart 1. Description.

Each uniform dangerous dog tag must meet the following standards:

A. It must be circular in shape and 1-1/2 inches in diameter.

B. A ring one-fourth inch in diameter must be affixed to the top center of the dangerous dog tag, so that the dangerous dog tag can be affixed to the dangerous dog's collar.

C. The outer edges of the circle must contain a perfect red circle that is one-fourth inch in width.

D. An illustration of a black dog must be shown in the center of the circle standing on its hind legs at a 45-degree angle, with its open mouth facing the right side of the symbol.

E. The dog must appear to be in the process of attempting to bite at a black hand and wrist that is entering the circle from the right side and is pointed toward the dog's open mouth.

F. The hand and wrist must also protrude into the circle one-fourth inch, with a one-sixteenth inch yellow space between the end of the wrist and the inner edge of the red circle.

G. The dog must also be proportionately centered in the circle and be one inch long, from the dog's extreme hind leg to the front tip of the dog's nose.

H. The hand and wrist must enter into the inside of the circle, from the right side, one-fourth inch.

I. The hand must also have all five fingers spread apart, with the palm of the hand showing.

J. The remaining portion of the tag must be bright yellow.

Subp. 2. Construction, registration number, inscription.

The uniform dangerous dog tag must be made of one-sixteenth inch thick aluminum and shall have the dangerous dog's registration number inscribed on the back of the tag. Each uniform dangerous dog tag must also have the following words inscribed on or attached to the back:

"Minnesota Statutes, section 347.51, requires that this authorized warning symbol be posted on a dangerous dog tag and affixed to the dog's collar at all times. Minnesota Department of Public Safety"

History

• Statutory Authority: MS s 347.51
• History: 19 SR 1227

Minn. R. 7417.0300 Tag Worn by Each Dangerous Dog

Subpart 1. Requirement.

Each dangerous dog registered under Minnesota Statutes, section 347.51, must have a uniform dangerous dog tag affixed to the dangerous dog's collar at all times.

Subp. 2. Separate tag.

The uniform dangerous dog tag shall be a dog tag separate and apart from the dog tag that dogs are required to wear under part 1721.0520.

History

• Statutory Authority: MS s 347.51
• History: 19 SR 1227; 37 SR 1396

Minn. R. 7417.0400 Uniform Dangerous Dog Tag Graphic

The uniform dangerous dog tag must look like the following graphic:

History

• Statutory Authority: MS s 347.51
• History: 19 SR 1227

Chapter 7418 POLICE RADIO COMMUNICATIONS

Minn. R. 7418.0200 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 7418.0200 to 7418.0400 is to establish rules to implement the creation of a statewide plan for a coordinated system of police radio communications.

Subp. 2. Scope.

The scope of parts 7418.0200 to 7418.0400 is intended to be consistent with the provisions of Minnesota Statutes, section 373.041, subdivision 1.

History

• Statutory Authority: MS s 373.041

Minn. R. 7418.0300 Frequency Allocation

Subpart 1. Assigning frequencies.

A police agency within the state of Minnesota, except police agencies of the United States government, shall utilize those frequencies assigned to that agency in the statewide plan for a coordinated system of police radio communication, adopted by the commissioner of public safety on November 27, 1972, and filed with the secretary of state as commissioner's order number 24, dated November 27, 1972.

Subp. 2. Common emergency frequency.

The statewide common emergency frequency for use by all police agencies is 155.475MHz.

History

• Statutory Authority: MS s 373.041

Minn. R. 7418.0400 Use of Common Emergency Frequency

Subpart 1. Type of communication permitted.

The statewide common emergency frequency shall be used primarily for emergency communications between police agencies only. For purposes of this part, the term "emergency" means a set of circumstances resulting from natural disaster, accident, civil disorder, national emergency, and criminal activity that requires coordination and cooperation between various police agencies to protect lives and property. Routine interagency exchanges of information and communications regarding activity where life and property are not immediately endangered are not emergency communications for purposes of this part. The common emergency channel may be used on a secondary basis to provide communications to any itinerant police vehicle when the vehicle is beyond communication range of its base station and no other communication medium is readily available. This secondary use shall not cause harmful interference to the primary use of the channel.

Subp. 2. Type of transmitter.

The state of Minnesota will grant special use authority to any police agency to operate mobile transmitters on 155.475MHz. Any police agency, with the approval of the commissioner of public safety, may operate a base station transmitter on 155.475MHz if the following circumstances exist:

A. the police agency has 24-hour dispatching on its other assigned frequencies, with fully trained communications personnel; or

B. the commissioner of public safety determines that such base station transmitter is necessary to further the purposes of the statewide plan for a coordinated system of police radio communication.

Subp. 3. Application for authorization.

Application for authorization to operate mobile units and/or base stations on the Minnesota police emergency radio network (155.475MHz) should be made to the commissioner of public safety on a form as set forth in part 7418.9910.

Subp. 4. Sanction for violations.

A police agency that uses 155.475MHz for purposes other than emergency communications is subject to revocation of its special use authorization by the commissioner of public safety.

History

• Statutory Authority: MS s 373.041

Minn. R. 7418.9910 Police Emergency Radio Network Agreement

STATE OF MINNESOTA

DEPARTMENT OF PUBLIC SAFETY

SPECIAL USE AUTHORIZATION

MINNESOTA EMERGENCY RADIO NETWORK

FREQUENCY 155.475MHz

THIS AGREEMENT, made between the state of Minnesota, through its commissioner of Public Safety [hereinafter "state"] and

_

[hereinafter "police agency"] WITNESSETH THAT:

WHEREAS: The rules and regulations of the Federal Communications Commission [hereinafter FCC] provide that the radio frequency of 155.475MHz is reserved for use by the state; and,

WHEREAS: The rules and regulations of the FCC provide that in certain instances the state may allow local police agencies to transmit or receive on the frequency of 155.475MHz if given special use authorization by the state; and,

WHEREAS: The state has adopted a statewide plan for a coordinated system of police radio communication, which provides for use of the frequency of 155.475MHz for emergency communications between police agencies; and,

WHEREAS: The state has determined that it would be of mutual benefit to the parties hereto to grant special use authorization to the police agency to transmit and receive communications on a frequency of 155.475MHz;

IT IS THEREFORE AGREED between the parties as follows:

1. The police agency is authorized by the state to transmit and receive radio communications on the frequency of 155.475.

2. Communications by the police agency, or any persons under its control, on the frequency of 155.475MHz, shall be:

a. Accomplished with federally licensed mobile and base transmitters.

b. For emergency purposes only, consistent with the requirements of parts 7418.0200 to 7418.0400 and 7418.9910, rules of the commissioner of Public Safety, state of Minnesota.

c. Accomplished in a manner consistent with the rules and regulations of the FCC.

d. Accomplished in a manner, as far as feasible, consistent with standards of uniform police radio communication language and procedure as established by the Association of Police Communication Officers, provided that plain language shall be used in lieu of the "Ten" signals.

3. The authority granted by this agreement is effective from the date of execution by the parties hereto.

4. The authority granted by this agreement may be revoked at any time by the state if the police agency, or any persons under its control, willfully violates the provisions of the agreement.

5. A revocation of the authority granted by this agreement will be made in writing and be effective upon receipt by the police agency.

Dated this _ day of _ , _ .

History

• Statutory Authority: MS s 373.041
• History: L 1998 c 254 art 1 s 107

Chapter 7419 FILM RENTAL FEES

Minn. R. 7419.0100 [Repealed, L 1997 c 239 art 8 s 36]

[Repealed, L 1997 c 239 art 8 s 36]

Minn. R. 7419.0200 [Repealed, L 1997 c 239 art 8 s 36]

[Repealed, L 1997 c 239 art 8 s 36]

Minn. R. 7419.0300 [Repealed, L 1997 c 239 art 8 s 36]

[Repealed, L 1997 c 239 art 8 s 36]

Minn. R. 7419.0400 [Repealed, L 1997 c 239 art 8 s 36]

[Repealed, L 1997 c 239 art 8 s 36]

Minn. R. 7419.0500 [Repealed, L 1997 c 239 art 8 s 36]

[Repealed, L 1997 c 239 art 8 s 36]

Minn. R. 7419.0600 [Repealed, L 1997 c 239 art 8 s 36]

[Repealed, L 1997 c 239 art 8 s 36]

Minn. R. 7419.0700 [Repealed, L 1997 c 239 art 8 s 36]

[Repealed, L 1997 c 239 art 8 s 36]

Minn. R. 7419.0800 [Repealed, L 1997 c 239 art 8 s 36]

[Repealed, L 1997 c 239 art 8 s 36]

Chapter 7420 EMERGENCY VEHICLE SIRENS

Minn. R. 7420.0200 [Repealed, 26 SR 744]

[Repealed, 26 SR 744]

Minn. R. 7420.0300 [Repealed, 26 SR 744]

[Repealed, 26 SR 744]

Minn. R. 7420.0400 [Repealed, 26 SR 744]

[Repealed, 26 SR 744]

Minn. R. 7420.9910 [Repealed, 26 SR 744]

[Repealed, 26 SR 744]

Minn. R. 7420.9920 [Repealed, 26 SR 744]

[Repealed, 26 SR 744]

Minn. R. 7420.9930 [Repealed, 26 SR 744]

[Repealed, 26 SR 744]

Chapter 7421 MEDICAL QUALIFICATIONS FOR A COMMERCIAL DRIVER'S LICENSE

Minn. R. 7421.0100 Definitions

Subpart 1. Scope.

The terms in this chapter have the meanings given them in this part.

Subp. 2. Cancel or cancellation.

"Cancel" or "cancellation" means the commissioner's rescission of a CDL holder's or driver applicant's commercial driving privileges for failure to meet the required commercial driver license testing requirements under chapter 7410.

Subp. 3. CDL holder.

"CDL holder" means a person who was issued a commercial driver's license or a commercial learner's permit by the commissioner or another jurisdiction as long as the CDL or CLP is not expired, or if expired, expired less than one year from the date of expiration.

Subp. 4. Commercial driver's license (CDL).

"Commercial driver's license" or "CDL" has the meaning given in Code of Federal Regulations, title 49, section 383.5.

Subp. 5. Commercial learner's permit (CLP).

"Commercial learner's permit" or "CLP" has the meaning given in Code of Federal Regulations, title 49, section 383.5.

Subp. 6. Commercial motor vehicle.

"Commercial motor vehicle" has the meaning given in Minnesota Statutes, section 171.01, subdivision 22.

Subp. 7. Commissioner.

"Commissioner" means the commissioner of public safety, acting directly or through authorized officers or agents.

Subp. 8. Current medical waiver.

"Current medical waiver" has the meaning given in Minnesota Statutes, section 171.01, subdivision 29a.

Subp. 9. Department.

"Department" means the Minnesota Department of Public Safety.

Subp. 10. Department of Transportation (MnDOT).

"Department of Transportation" or "MnDOT" means the Minnesota Department of Transportation.

Subp. 11. Disqualification or disqualify.

"Disqualification" or "disqualify" means the commissioner's withdrawal of the privilege to drive commercial motor vehicles for a specific period under part 7421.0600 or 7421.0700.

Subp. 12. Driver.

"Driver" has the meaning given in Minnesota Statutes, section 171.01, subdivision 31.

Subp. 13. Driver applicant.

"Driver applicant" has the meaning given in Code of Federal Regulations, title 49, section 383.5.

Subp. 14. Federal Motor Carrier Safety Administration (FMCSA).

"Federal Motor Carrier Safety Administration" or "FMCSA" means the agency of the United States Department of Transportation.

Subp. 15. Interstate or foreign commerce.

"Interstate or foreign commerce" has the meaning given in Minnesota Statutes, section 171.01, subdivision 36a.

Subp. 16. Intrastate commerce.

"Intrastate commerce" has the meaning given in Minnesota Statutes, section 171.01, subdivision 36b.

Subp. 17. License.

"License" has the meaning given in Minnesota Statutes, section 171.01, subdivision 37.

Subp. 18. Medical examiner.

"Medical examiner" has the meaning given in Minnesota Statutes, section 171.01, subdivision 38a.

Subp. 19. Sufficient cause to believe.

"Sufficient cause to believe" means grounds put forth in good faith, which are not arbitrary, irrational, unreasonable, or irrelevant and which make the proposition asserted more likely than not, provided that the grounds are based on at least one of the following sources:

A. written information from an identified person;

B. facts or statements by the applicant or driver;

C. driver's license and accident records;

D. court documents and police records; or

E. facts of which the commissioner or a department employee has personal knowledge.

Subp. 20. Valid medical examiner's certificate.

"Valid medical examiner's certificate" has the meaning given in Minnesota Statutes, section 171.01, subdivision 49b.

History

• Statutory Authority: MS s 171.09; 171.162; L 2010 c 242 s 10
• History: 36 SR 809

Minn. R. 7421.0200 Self-Certification

Subpart 1. Requirement.

The commissioner shall not issue a class A, class B, or class C commercial driver's license or issue a commercial learner's permit until a driver applicant submits the self-certification required under Minnesota Statutes, section 171.162. When applicable, a driver applicant shall submit to the commissioner either:

A. a valid medical examiner's certificate; or

B. a valid medical examiner's certificate and a current medical waiver.

Subp. 2. Driver self-certification.

A driver applicant for a class A, class B, or class C commercial driver's license or commercial learner's permit shall certify, as part of the license application, and during any issuance, renewal, transfer, or upgrade of a commercial driver's license or any issuance or renewal of a commercial learner's permit, the category of motor vehicle operation that the driver operates, or expects to operate under Minnesota Statutes, section 171.162, subdivision 2, clauses (1) to (4).

Subp. 3. Form available electronically.

The self-certification form, prescribed by the commissioner and required for compliance with this part, is available electronically from the Department of Public Safety's website.

History

• Statutory Authority: MS s 171.09; 171.162; L 2010 c 242 s 10
• History: 36 SR 809

Minn. R. 7421.0300 Cdl Holder Information Updated; Record Retention

Subpart 1. Updating driving record.

In accordance with Minnesota Statutes, section 171.167, and Code of Federal Regulations, title 49, part 383.73, the commissioner shall, within ten calendar days, update the driving record of a CDL holder when:

A. receiving the self-certification form;

B. receiving the valid medical examiner's certificate;

C. receiving information from FMCSA or MnDOT regarding the issuance, renewal, or recission of a medical variance;

D. a medical variance is issued, renewed, or rescinded under chapter 7414; and

E. the CDL holder's medical certification status has expired or a medical variance has expired or has been rescinded.

Subp. 2. Record retention.

The commissioner shall retain medical certificates and medical waivers in accordance with Minnesota Statutes, section 171.12, subdivision 3.

History

• Statutory Authority: MS s 171.09; 171.162; L 2010 c 242 s 10
• History: 36 SR 809

Minn. R. 7421.0400 Cdl Medical Certification Status; Periodic Physical Reexamination Required

Subpart 1. Maintaining medical certification status.

If a CDL holder certifies to the category of motor vehicle operation that the CDL holder operates, or expects to operate under Minnesota Statutes, section 171.162, subdivision 2, clause (1) or (3), then the CDL holder must pass a physical examination every two years, or more often than every two years as required by the medical examiner, in order to maintain a certified medical certification status on the driving record.

Subp. 2. Reexamination period.

The reexamination period starts from the date of the most recent medical examination certificate submitted by a CDL holder or received electronically.

History

• Statutory Authority: MS s 171.09; 171.162; L 2010 c 242 s 10
• History: 36 SR 809

Minn. R. 7421.0500 General Criteria for Accepting Interstate and Intrastate Waivers

Subpart 1. Accepting interstate waivers generally.

The commissioner shall accept a medical waiver from a CDL holder or driver applicant who has certified under Minnesota Statutes, section 171.162, subdivision 2, clause (1), and who has obtained a medical waiver or skill performance evaluation from the Federal Motor Carrier Safety Administration for interstate or foreign commerce relating to:

A. vision;

B. diabetes mellitus requiring insulin for control; and

C. limb impairment.

Subp. 2. Accepting intrastate waivers generally.

The commissioner shall accept a medical waiver from a CDL holder or driver applicant who has certified under Minnesota Statutes, section 171.162, subdivision 2, clause (3), and who has obtained a medical waiver from the Department of Transportation for intrastate commerce relating to:

A. vision;

B. diabetes mellitus requiring insulin for control;

C. limb impairment; and

D. hearing, except that, under part 7414.1520, the commissioner shall not accept a waiver from the qualifications contained in Code of Federal Regulations, title 49, section 391.41.

Subp. 3. Indicating waiver on driver record.

The commissioner shall, in accordance with part 7421.0300, update the driving record when a CDL holder submits a valid medical examiner's certificate accompanied by a current medical waiver that indicates the CDL holder:

A. has a current medical waiver that is issued by FMCSA and is so indicated as a restriction;

B. is prohibited from operating in interstate or foreign commerce when the current medical waiver is issued by the Department of Transportation and is so indicated as a restriction; or

C. is prohibited from operating in interstate or foreign commerce when the current medical waiver is issued by the commissioner and is so indicated as a restriction.

History

• Statutory Authority: MS s 171.09; 171.162; L 2010 c 242 s 10
• History: 36 SR 809

Minn. R. 7421.0600 False Information; Disqualification

Subpart 1. False information confirmed.

The commissioner shall disqualify the CDL privilege of a CDL holder or a driver applicant if the commissioner has sufficient cause to believe that, during a check of the driver applicant's status and record prior to issuing the CDL or CLP, or at any time after the CDL or CLP is issued, the CDL holder or driver applicant has falsified information in:

A. the self-certification form;

B. the valid medical examiner's certificate or current medical waiver required under Minnesota Statutes, section 171.162; or

C. any of the documents required under Code of Federal Regulations, title 49, part 383.71, 383.73, or 383.95.

Subp. 2. Term.

The disqualification period under subpart 1 is for 60 days from the date of the commissioner's decision. The commissioner shall record the disqualification on the CDL holder's or driver applicant's driving record.

Subp. 3. Appeal.

A person who disagrees with the commissioner's decision under subpart 1 may request a contested case hearing. The request for a contested case hearing must be submitted in writing to the commissioner within 15 days of the written notification under subpart 1. The request for a contested case hearing must set out in detail the reasons why the person contends the decision of the commissioner should be reversed or modified. If the commissioner receives a written request for a contested case hearing, the commissioner shall schedule a hearing within 30 days after the request is received under the procedures in Minnesota Statutes, sections 14.57 to 14.62, and the contested case rules of the Office of Administrative Hearings in parts 1400.5010 to 1400.8400. The decision of the administrative law judge shall be submitted to the commissioner for the commissioner's consideration. The commissioner's decision of the issue under appeal is the final decision of the department.

Subp. 4. Notice.

The commissioner shall send written notice to the CDL holder or driver applicant upon disqualifying the CDL privilege under subpart 1. The notice must state the duration of the disqualification period.

Subp. 5. Reinstatement of CDL privilege after disqualification.

The commissioner shall not reinstate the CDL privilege of a driver whose CDL was disqualified under subpart 1 until the driver:

A. has met the disqualification period; and

B. provides the commissioner with required documentation for the category of motor vehicle operation that the driver operates, or expects to operate, to which the driver or driver applicant has certified in the self-certification form.

History

• Statutory Authority: MS s 171.09; 171.162; L 2010 c 242 s 10
• History: 36 SR 809

Minn. R. 7421.0700 Fraud; Disqualification, Cancellation

Subpart 1. Conviction of fraud related to the testing and issuance of a CLP or CDL.

A. The commissioner shall disqualify the CDL privilege or application of a CDL holder or driver applicant for one year when the commissioner is notified that the CDL holder or driver applicant has been convicted of fraud related to the issuance or testing of a CDL or CLP.

B. The commissioner shall record the disqualification and the conviction of fraud in the person's driving record.

Subp. 2. Fraud suspected related to the testing and issuance of a CLP or CDL.

If the commissioner has sufficient cause to believe that a CDL holder or a driver applicant is suspected, but has not been convicted of fraud, related to the issuance of the CDL or CLP, then the commissioner shall send written notice to the CDL holder or driver applicant stating that the CDL holder or driver applicant must retake either the applicable knowledge test or the applicable road test, or both, under chapter 7410.

Subp. 3. Failure to pass required test; cancellation.

The commissioner shall cancel the CDL privilege of a CDL holder or driver applicant described in subpart 2 if the CDL holder or driver applicant does not pass the required tests within 30 days of the date of the notice. The commissioner shall not reinstate the CDL privilege until the driver applicant satisfies the CDL testing requirements under chapter 7410.

Subp. 4. Appeal.

A person who disagrees with the commissioner's decision under subpart 2 may request a contested case hearing. The request for a contested case hearing must be submitted in writing to the commissioner within 15 days of the written notification under subpart 5. The request for a contested case hearing must set out in detail the reasons why the person contends the decision of the commissioner should be reversed or modified. If the commissioner receives a written request for a contested case hearing, the commissioner shall schedule a hearing within 30 days after the request is received under the procedures in Minnesota Statutes, sections 14.57 to 14.62, and the contested case rules of the Office of Administrative Hearings in parts 1400.5010 to 1400.8400. The decision of the administrative law judge shall be submitted to the commissioner for the commissioner's consideration. The commissioner's decision of the issue under appeal is the final decision of the department.

Subp. 5. Notice.

The commissioner shall send written notice to the CDL holder or driver applicant upon disqualifying the CDL privilege under subpart 1 or upon cancelling the CDL privilege under subpart 2. The notice must state the duration of any applicable disqualification period.

History

• Statutory Authority: MS s 171.09; 171.162; L 2010 c 242 s 10
• History: 36 SR 809

Minn. R. 7421.0800 Notice of Intent to Downgrade Commercial Driver's License

Subpart 1. Warning notice of medical status expiring.

The commissioner shall send written notice to a CDL holder 60 days prior to the expiration of the CDL holder's medical certification status that states:

A. the medical examiner's certificate or the medical waiver will expire within 60 days of the date of the notice;

B. the commissioner will change the medical status to "Not Certified" on the CDL holder's driving record; and

C. the CDL privilege will no longer be valid, unless the CDL holder submits:

Subp. 2. Notice of medical certificate status updated to not certified.

The commissioner shall send written notice to a CDL holder who fails to submit a valid medical examiner's certificate or a current medical waiver before either expires, or fails to submit a new self-certification in which the CDL holder certifies that the CDL holder is exempt from the medical examination requirements under Minnesota Statutes, section 171.162. The notice must state:

A. the CDL medical certification status has been updated to "NOT CERTIFIED";

B. the CDL privilege is not valid; and

C. the CDL will be downgraded to a class D license unless, within 30 days of the date of notice, the CDL holder submits the medical documentation required under Minnesota Statutes, section 171.162.

Subp. 3. CDL downgrade.

A. A driver whose CDL has been downgraded to a class D license for less than one year may seek reinstatement of the CDL privilege by submitting either:

B. A driver whose CDL has been downgraded to a class D license for more than one year and who seeks reinstatement of the CDL privilege is subject to the testing requirements under part 7421.0900.

History

• Statutory Authority: MS s 171.09; 171.162; L 2010 c 242 s 10
• History: 36 SR 809

Minn. R. 7421.0900 Testing Required After Cdl Downgrade

Subpart 1. Requirements after CDL downgrade.

A driver applicant for a commercial driver's license whose license has been downgraded to a class D license for more than one year must pass applicable required knowledge tests and a road test administered by the commissioner.

Subp. 2. Knowledge tests.

A driver applicant must pass all the knowledge tests required for the class of license and endorsements required for the vehicle that the driver applicant expects to operate.

Subp. 3. Road test.

A. A driver applicant must pass a road test administered by the commissioner in a commercial motor vehicle that represents the class of license required for the vehicle that the driver applicant expects to operate.

B. A driver applicant for a passenger endorsement must pass a road test administered by the commissioner in a qualifying bus within the meaning of Minnesota Statutes, section 169.011, subdivision 11.

C. A driver applicant for a school bus endorsement must pass a road test administered by the commissioner in a school bus within the meaning of Minnesota Statutes, section 169.011, subdivision 71.

History

• Statutory Authority: MS s 171.09; 171.162; L 2010 c 242 s 10
• History: 36 SR 809

Chapter 7422 MOTORCYCLE ROAD GUARD CERTIFICATE

Minn. R. 7422.0100 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the terms defined in this part have the meanings given them.

Subp. 2. Applicant.

"Applicant" means a person who is applying for enrollment in the motorcycle road guard certification course.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of public safety, acting directly or through authorized officers or agents.

Subp. 4. Disqualification or disqualify.

"Disqualification" or "disqualify" means the commissioner's rescission of a person's motorcycle road guard certificate.

Subp. 5. Daytime.

"Daytime" has the meaning given in Minnesota Statutes, section 169.011, subdivision 22.

Subp. 6. Entity.

"Entity" has the meaning given in Minnesota Statutes, section 12.03, subdivision 4e.

Subp. 7. Instructor applicant.

"Instructor applicant" means a person who is applying for a motorcycle road guard instructor certificate.

Subp. 8. Minnesota Motorcycle Safety Center.

"Minnesota Motorcycle Safety Center" means the motorcycle safety education program under Minnesota Statutes, section 121A.36.

Subp. 9. Motorcycle road guard.

"Motorcycle road guard" means a person who holds a valid motorcycle road guard certificate.

Subp. 10. Motorcycle road guard certification course.

"Motorcycle road guard certification course" means a program authorized by the commissioner for the instruction and certification of a motorcycle road guard.

Subp. 11. Motorcycle road guard instructor.

"Motorcycle road guard instructor" means a person who has met the requirements of a motorcycle road guard instructor certificate.

Subp. 12. Qualified prior impaired driving incident.

"Qualified prior impaired driving incident" has the meaning given in Minnesota Statutes, section 169A.03, subdivision 22.

Subp. 13. Valid motorcycle road guard certificate.

"Valid motorcycle road guard certificate" means a certificate that authorizes the person to whom it is issued to perform the duties under part 7422.0200 and is:

A. issued by the commissioner;

B. not expired; and

C. not disqualified.

Subp. 14. Wireless communications device.

"Wireless communications device" has the meaning given in Minnesota Statutes, section 169.011, subdivision 94, and includes cellular phones as defined in Minnesota Statutes, section 169.011, subdivision 15.

Subp. 15. Motorcycle Road Guard Field Guide.

"Motorcycle Road Guard Field Guide" is a reference document, approved by the Department of Public Safety for use by motorcycle road guards.

Subp. 16. ANSI/ISEA 107-2004 standard.

For the purposes of this chapter, "ANSI/ISEA 107-2004 standard" means the standard for the design and performance of high visibility safety apparel that is developed by the International Safety Equipment Association and published by the American National Standards Institute, required under part 7422.1100.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.0200 Motorcycle Road Guard; Authority; Restrictions

Subpart 1. Statutory authority.

A motorcycle road guard who is certified by the commissioner is authorized under Minnesota Statutes, section 169.06, subdivision 4, and successor requirements, to:

A. stop and hold vehicles in place until it is safe for vehicles to proceed;

B. act as a flagger escorting a motorcycle group ride;

C. direct operators of motorcycles within a motorcycle group ride or other vehicle traffic, notwithstanding any contrary indication of a traffic-control device, including stop signs or traffic-control signals;

D. obtain consent from the chief of police, or the chief's designee, of any city of the first class through which the group is proceeding; and

E. notify each statutory or home rule charter city through which the motorcycle group is proceeding.

Subp. 2. Requirement to carry certificate.

In addition to the requirements in subpart 1, a motorcycle road guard must carry a valid motorcycle road guard certificate at all times and must produce proof of such certificate on demand of a peace officer.

Subp. 3. Restrictions.

In order for a motorcycle road guard to escort a motorcycle group ride, the motorcycle group ride must be an organized gathering of motorcyclists of at least 20 motorcyclists that:

A. uses a motorcycle road guard who has liability insurance in force at the time of the motorcycle group ride;

B. follows a route in accordance with the notification provided under Minnesota Statutes, section 169.06, subdivision 4;

C. is riding only in daytime hours; and

D. complies with the Minnesota Manual on Uniform Traffic-Control Devices, authorized under Minnesota Statutes, section 169.06, subdivision 1.

Subp. 4. Requirement to produce proof of liability insurance.

A. A motorcycle road guard must:

B. A motorcycle road guard who fails to produce proof of insurance must, within ten days of an officer's request under this subpart, produce the required proof of insurance stating that the security had been provided for the motorcycle group ride at the time of the demand to the commissioner.

C. The commissioner shall suspend the motorcycle road guard certificate of a person who does not comply with item B until proof of insurance is received by the commissioner.

Subp. 5. Appeal.

A person whose motorcycle road guard certificate is suspended under this part may appeal the commissioner's action under the contested case procedures of Minnesota Statutes, chapter 14.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.0300 Motorcycle Road Guard Certificate; Qualifications

Subpart 1. Statutory requirements.

An applicant for a motorcycle road guard certificate must meet the requirements under Minnesota Statutes, section 171.60, subdivision 2.

Subp. 2. Review of driving record.

The commissioner shall review the driving record of an applicant for a motorcycle road guard certificate upon initial application.

A. An applicant who does not have a Minnesota driver's license shall submit to the commissioner a certified copy of the applicant's driving record from the United States state where the applicant is licensed.

B. An applicant whose Minnesota driving record dates back less than five years from the date of the application must submit a certified copy of the applicant's driving record from the previous jurisdiction in which the applicant was licensed so that the commissioner can review five years of an applicant's driving record.

C. The commissioner shall accept and review a driving record with fewer than five years in the case where an applicant's age, at the time of an applicant's driver's license issuance, results in a driving record that contains fewer than five years.

D. A certified copy of a driving record submitted under this part must be dated no earlier than 30 days before the commissioner receives it.

Subp. 3. Prior driving convictions, violations, and incidents.

No applicant for a motorcycle road guard shall have:

A. more than two petty misdemeanor convictions for any moving violation under Minnesota Statutes, chapter 169, or an equivalent violation from another state, for 24 months preceding the date of application;

B. any qualified prior impaired driving incident, or an equivalent violation from another state, for five years preceding the date of application;

C. any conviction under Minnesota Statutes, section 169.13, or an equivalent violation from another state, for five years preceding the date of application; and

D. any conviction under Minnesota Statutes, section 609.21, or an equivalent violation from another state.

Subp. 4. Hearing.

An applicant must be able to speak and hear well enough to conduct a normal verbal conversation with another person at a distance of five feet, with or without a hearing aid.

Subp. 5. Vision.

An applicant must be able to meet the vision requirements to obtain an unrestricted class D license, except that the restriction of corrective lenses enabling the applicant to meet the vision requirement is an acceptable restriction.

Subp. 6. Vehicle insurance coverage.

An applicant must maintain vehicle insurance coverage pursuant to Minnesota Statutes, section 169.791.

Subp. 7. Continuing requirements.

A. Once certified, a motorcycle road guard must:

B. Any physical or mental disability of a motorcycle road guard that interferes with the safe operation of a motor vehicle under Minnesota Statutes, section 171.04 or 171.13, is governed under parts 7410.2100 to 7410.3000.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.0400 Motorcycle Road Guard Instructor; Qualifications

In order to instruct the motorcycle road guard certification course, an instructor applicant must be a current instructor authorized by the Minnesota Motorcycle Safety Center program, and must meet qualifications under parts 7411.0620 and 7411.0630, except that an instructor applicant is not subject to part 7411.0620, subpart 8, if the instructor applicant had a criminal history check performed within ten years preceding the date of application and the outcome of the check of the national criminal data repository did not indicate a criminal record where the applicant was convicted of a gross misdemeanor or felony.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.0500 Motorcycle Road Guard Certificate Issuance; Disqualification

Subpart 1. Issuance.

A. Upon successful completion of the motorcycle road guard course and payment by an applicant of the program course fee under part 7422.0900, the commissioner shall issue a motorcycle road guard certificate for a period of four years. There is no automatic renewal for a motorcycle road guard certificate.

B. A person who was previously certified as a motorcycle road guard and whose certification has expired must re-enroll as an applicant by meeting the qualifications under part 7422.0300 and successfully completing the program curriculum in order to perform the duties of a motorcycle road guard under part 7422.0200.

Subp. 2. Disqualification.

A. Once certified, failure of a person who holds a motorcycle road guard certificate to meet any of the requirements under part 7422.0300 is cause for the commissioner to disqualify the person's motorcycle road guard certificate.

B. The commissioner shall disqualify the motorcycle road guard certificate of a person who fails to submit a current driving record as required under part 7422.0300, subpart 7, within 13 months of initial certification.

Subp. 3. Appeal.

A person whose motorcycle road guard certificate is disqualified under this part may appeal the commissioner's disqualification under the contested case procedures of Minnesota Statutes, chapter 14.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.0600 Alcohol and Controlled Substances Use Prohibition; Violation

Subpart 1. Prohibition of alcohol consumption and controlled substances use.

A person who holds a motorcycle road guard certificate shall not perform the duties of a motorcycle road guard, either while operating a motor vehicle or while standing in, or in proximity to, an intersection, under part 7422.0200:

A. while consuming alcoholic beverages or while using controlled substances; or

B. while physical evidence is present in the person's body that the person has consumed alcohol or a controlled substance.

Subp. 2. Use of preliminary screening test.

When a peace officer has reason to believe that a motorcycle road guard may be violating or has violated subpart 1, the officer may require the driver to provide a sample of the motorcycle road guard's breath for a preliminary screening using a device approved by the commissioner for this purpose.

Subp. 3. Use of preliminary screening test result.

Upon a positive test administered under subpart 2 of a motorcycle road guard, or a test refusal of a motorcycle road guard, a peace officer shall:

A. confiscate the road guard's certificate; and

B. notify the commissioner.

Subp. 4. Administrative disqualification.

When the commissioner is notified under subpart 3 that a person who holds a motorcycle road guard certificate has violated this part or that a person who holds a motorcycle road guard certificate has refused a test under subpart 2, the commissioner shall:

A. disqualify the motorcycle road guard certificate; and

B. not issue a motorcycle road guard certificate to the person described in this subpart for a period of ten years from the date of disqualification of the motorcycle road guard certificate.

Subp. 5. Reason to believe.

For purposes of this part, "reason to believe" means from the manner in which a motorcycle road guard is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a motor vehicle, or grounds put forth in good faith which are not arbitrary, irrational, unreasonable, or irrelevant and which make the proposition asserted more likely than not. Grounds upon which reason to believe are based include:

A. facts or statements supplied by the motorcycle road guard;

B. driver's license record and accident records;

C. court documents and police records;

D. facts of which the peace officer has personal knowledge; and/or

E. a blood, breath, or urine test indicating the presence of alcohol or controlled substances, or a test refusal.

Subp. 6. Appeal.

A person whose motorcycle road guard certificate is disqualified under this part may appeal the commissioner's disqualification under the contested case procedures of Minnesota Statutes, chapter 14.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.0700 Course Instruction; Frequency

A. The commissioner shall offer the motorcycle road guard certification course through the Minnesota Motorcycle Safety Center at least once per year.

B. The commissioner shall offer motorcycle road guard instructor training at least once per year.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.0800 Data Classification; Use of Information

Subpart 1. Data classified.

Data on individuals provided to obtain a motorcycle road guard certificate shall be treated as public data on individuals, except that the individual's driving record is governed under Minnesota Statutes, section 171.12. For purposes of this part, "public data on individuals" has the meaning given in Minnesota Statutes, section 13.02, subdivision 15.

Subp. 2. Required list.

The commissioner shall maintain a list of all persons who are certified as a motorcycle road guard on the department's website. The list must contain only the following information:

A. full name;

B. motorcycle road guard certificate number; and

C. the expiration date of the motorcycle road guard certificate.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.0900 Course Fee

The commissioner of public safety shall assess a fee to each applicant for a motorcycle road guard certificate, as provided by Minnesota Statutes, section 171.60, subdivision 3.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.1000 Vehicle Requirements; Restrictions

Subpart 1. Required equipment.

A motorcycle or passenger vehicle that is used by a motorcycle road guard in accordance with part 7422.0200 must be in safe operating condition and must be equipped with a wireless communications device that can be used to contact law enforcement in the event of a roadside emergency.

Subp. 2. Restrictions.

A motorcycle or passenger vehicle that is used by a motorcycle guard in accordance with part 7422.0200 must not:

A. use equipment or lighting for use exclusively by emergency vehicles;

B. carry equipment that reduces the visibility of the driver or otherwise restricts the driver's ability to safely operate the vehicle; and

C. contain any passengers under the age of 18.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.1100 Road Guard Flagging Equipment; Apparel Requirements

Subpart 1. Flagging equipment.

A motorcycle road guard who is performing traffic control in accordance with part 7422.0200 must use a collapsible STOP/SLOW paddle that:

A. has an octagonal shape;

B. is at least 18 inches wide with letters at least six inches high;

C. on the STOP face, has white letters and white border on a red background;

D. on the SLOW face, has black letters and a black border on an orange background; and

E. is retro-reflective.

Subp. 2. Required high-visibility safety apparel.

A motorcycle road guard must wear the high-visibility safety apparel in items A to C when acting as a flagger and performing traffic control in accordance with parts 7422.1000 and 7422.1100.

A. A safety vest, shirt, or jacket labeled as meeting the ANSI standard identified in subpart 3.

B. The apparel in item A must be orange-red, fluorescent yellow-green, or a combination of the two as defined in the ANSI standard.

C. The retro-reflective material of the apparel in item A must be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors and must be visible at a minimum distance of 1,000 feet.

Subp. 3. ANSI/ISEA 107-2004 requirement.

A motorcycle road guard who is acting as a flagger and performing traffic control in accordance with part 7422.0200 must wear high-visibility safety apparel that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004 publication entitled "American National Standard for High-Visibility Apparel and Headwear" and labeled as meeting the ANSI/ISEA 107-2004 standard performance for Class 2 or 3 risk exposure. This standard is not subject to frequent change. A copy of the standard is available at the United States Department of Transportation, Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, D.C., 20590, or on the Internet at http://mutcd.fhwa.dot.gov/resources/interpretations/pdf/6_09_12.pdf.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Minn. R. 7422.1200 Motorcycle Road Guard Certificate Program; Curriculum

Subpart 1. Curriculum requirements.

The classroom curriculum presented and delivered to each applicant enrolled in the program for motorcycle road guard certification must include:

A. an opportunity for the applicant to analyze and assess several decision-making models and factors influencing highway-use decisions;

B. instruction on the functions and use of required safety equipment, including provisions under parts 7422.1000 and 7422.1100, subparts 1 and 2; and

C. theory of safety principles and guidelines in the motorcycle road guard field guide and the practical application, including:

Subp. 2. Operator proficiency.

A motorcycle road guard must demonstrate:

A. proficiency in stopping traffic and intersection management; and

B. a thorough and full knowledge of all provisions of this part.

History

• Statutory Authority: MS s 171.60
• History: 39 SR 157

Chapter 7425 VEHICLE LIGHTING, GLAZING, TOWING

Minn. R. 7425.0100 [Repealed, 9 SR 1252]

[Repealed, 9 SR 1252]

Minn. R. 7425.0110 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part except in those instances when the context clearly indicates a different meaning.

Subp. 2. After-market equipment.

"After-market equipment" means equipment other than "original equipment" as defined in subpart 31.

Subp. 3. ANSI.

"ANSI" means American National Standards Institute.

Subp. 4. Auxiliary driving lamp.

"Auxiliary driving lamp" means a lighting device that is mounted to provide illumination forward of the vehicle and that supplements the upper beam of a standard headlamp system. It is not intended for use alone or with the lower beam of a standard headlamp system.

Subp. 5. Auxiliary lamps.

"Auxiliary lamps" means lighting devices on a motor vehicle used to supplement the other road lighting devices. They include those lamps sold commercially as driving lamps, passing lamps, fog lamps, auxiliary low-beam lamps, and motorcycle auxiliary front lamps.

Subp. 6. Auxiliary low-beam lamp.

"Auxiliary low-beam lamp" means a type of lamp that supplements the lower beam of a standard headlamp system. It is not intended for use alone or with the upper beam of a standard headlamp system.

Subp. 7. Auxiliary passing lamp.

"Auxiliary passing lamp" means an auxiliary low-beam lamp.

Subp. 8. Backup lamp.

"Backup lamp" means a lamp used to furnish general illumination to the rear of a vehicle when it is in rearward motion and to provide a warning signal to pedestrians and other drivers when the vehicle is backing up or is about to back up.

Subp. 9. Bicycle lighting devices.

"Bicycle lighting devices" includes:

A. a headlamp which is an electric lamp used to provide general illumination ahead of a nonmotorized bicycle and also to serve as a warning light to approaching motorists;

B. a rear red reflector which indicates the presence of the bicycle to an approaching driver by reflecting the light from the headlamps of a vehicle approaching from the rear; and

C. side reflectors, reflectorized pedals, and reflectorized tires which are devices designed to conform with the reflectorization requirements of applicable regulations issued by the Consumer Product Safety Commission.

Subp. 10. Bulb.

"Bulb" means an indivisible assembly containing a source of light and normally used in a lamp.

Subp. 11. Clearance lamp.

"Clearance lamp" means a lamp used on the upper left and right sides of the vehicle or load, and which shows to the front or rear to indicate the overall width of the vehicle or load.

Subp. 12. Combination clearance and side marker lamp.

"Combination clearance and side marker lamp" means a single lamp which, when properly positioned and oriented, fulfills the requirements of both a clearance lamp and a side marker lamp.

Subp. 13. Combination device.

"Combination device" includes:

A. a combination lamp so constructed and connected that from one position on a vehicle it serves two or more of the lighting functions described in this part; and

B. combination switches and flashers so constructed and connected as to serve two or more of the functions of a turn-signal switch or flasher or hazard-warning switch or flasher.

Subp. 14. Commissioner.

"Commissioner" means the commissioner of public safety of the state of Minnesota.

Subp. 15. Disabled vehicle warning device.

"Disabled vehicle warning device" means a device that is placed on the roadway to warn the driver of an approaching vehicle of a stationary vehicle hazard. "Disabled vehicle warning device" includes:

A. an emergency reflective triangle which is an equilateral triangle, each side of which displays both a daytime and nighttime warning area;

B. a portable red reflector device which is a holder with two reflex reflectors on each side, one above the other;

C. a flare which is a liquid burning device consisting of a vessel with a wick;

D. a fusee which consists of a solid fuel enclosed in a waterproof combustible tube and only used as a temporary or auxiliary signal flare; and

E. an electric emergency lantern which is a device capable of displaying a red light, either flashing or steady-burning.

Subp. 16. Driving lamp.

"Driving lamp" means an auxiliary driving lamp.

Subp. 17. Flashing warning lamp.

"Flashing warning lamp" means a lamp: used for authorized emergency, maintenance, and service vehicles; which may be directionally aimed; and, in which the light sources are turned on and off, interrupting the circuit and producing a repetitive flash of light.

Subp. 18. Fog lamp.

"Fog lamp" means a lighting device mounted to provide illumination forward of the vehicle under conditions of rain, snow, dust, or fog. A fog lamp is an adverse weather lamp.

Subp. 19. Front cornering lamp.

"Front cornering lamp" means a steady-burning lamp used in conjunction with the turn-signal system to supplement the headlamps by providing additional illumination in the direction of turn.

Subp. 20. Hazard-warning signal flasher.

"Hazard-warning signal flasher" means a device which, as long as it is turned on, causes all the required signal lamps to flash that are listed in the description for hazard-warning signal switch.

Subp. 21. Hazard-warning signal switch.

"Hazard-warning signal switch" means a driver-controlled device which causes at least one turn-signal lamp on the left and right to the front and on the left and right to the rear of the vehicle to flash simultaneously to indicate to the approaching driver the presence of a vehicular traffic hazard.

Subp. 22. Headlamp assembly and optical unit.

"Headlamp assembly and optical unit" includes:

A. a sealed-beam headlamp housing assembly which is a major lighting assembly used to provide mounting and aiming adjustment for one or more sealed-beam units or replaceable bulb headlamps that provide general illumination ahead of the vehicle; and either

B. a sealed-beam headlamp unit which is a mechanically aimable, integral, indivisible, hermetically sealed optical assembly;

C. a mechanically aimable headlamp unit in which an O ring is used to seal an indexed replaceable bulb to the assembly; or

D. a mechanically aimable, hermetically sealed lens and reflector assembly with indexed replaceable bulb.

Subp. 23. Headlamp beam-switching device.

"Headlamp beam-switching device" includes:

A. a driver-controlled headlamp beam-switching device used to select the upper or lower beam headlamp circuit; and

B. a semiautomatic headlamp beam-switching device providing either automatic or manual control of beam switching at the option of the driver. When the control is automatic, the headlamps switch from the upper beam to the lower beam when illuminated by the headlamps of an approaching car and switch back to the upper beam when the road ahead is dark. When the control is manual, the driver may obtain either beam manually regardless of the condition of lights ahead of the vehicle.

Subp. 24. Identification lamps.

"Identification lamps" means lamps that are used in groups of three in a horizontal row, that show to the front or rear or both, and that are mounted as near as practicable to the vertical centerline and the top of the vehicle to identify certain types of vehicles.

Subp. 25. License plate lamp.

"License plate lamp" means a lamp used to illuminate the license plate on the rear of a vehicle.

Subp. 26. Lighting device.

"Lighting device" means any device mounted on or in conjunction with a vehicle to furnish or regulate illumination or to mark or identify a vehicle or to serve as a signal or warning either by self-illumination or by reflected light. Interior lighting devices, such as dome, dash, and map lights intended only for interior illumination, placed inside the vehicle, and not intended to serve as a signal or to be seen by persons outside the vehicle, are not considered lighting devices within the scope of this chapter.

Subp. 27. Motorcycle auxiliary front lamp.

"Motorcycle auxiliary front lamp" means a unit, including sealed beam, intended to supplement either the upper or the lower beam from a motorcycle headlamp system.

Subp. 28. Motorcycle headlamp.

"Motorcycle headlamp" means a major lighting device used to provide general illumination ahead of the motorcycle.

Subp. 29. Motorcycle turn-signal lamp.

"Motorcycle turn-signal lamp" means the signaling element of a motorcycle turn-signal system which indicates a change in direction by giving a flashing light on the side toward which the turn will be made.

Subp. 30. Optical unit.

"Optical unit" means an integral and indivisible assembly consisting of a lens, reflector, and light source.

Subp. 31. Original equipment.

"Original equipment" means an item of motor vehicle equipment which was installed in or on a motor vehicle at the time of its delivery to the first purchaser if:

A. the item of equipment was installed on or in the motor vehicle at the time of its delivery to a dealer or distributor; or

B. the item of equipment was installed by the dealer or distributor with the express authorization of the motor vehicle manufacturer.

Subp. 32. Parking lamps.

"Parking lamps," whether separate or in combination with other lamps, means lamps on both the left and right of the front of the vehicle which shine to the front and are intended to mark the vehicle when parked. In addition, these front lamps may serve as a reserve front position-indicating system in the event of headlamp failure. For rear parking lamps, see tail lamps.

Subp. 33. Passing lamp.

"Passing lamp" means an auxiliary passing lamp.

Subp. 34. Rear cornering lamp.

"Rear cornering lamp" means a lamp aimed and so connected as to illuminate an area to the side and rear of the vehicle only when the vehicle is moving backward or about to move backward.

Subp. 35. Reflex reflector.

"Reflex reflector" means a lighting device used on vehicles to indicate a vehicle's presence to an approaching driver by reflecting the light from the headlamps of the approaching vehicle. This device may use a system of cube corners or, as a side marker only, a system of lens-mirror reflexes.

Subp. 36. SAE.

"SAE" means Society of Automotive Engineers, Inc.

Subp. 37. SAE standard or recommended practice.

"SAE standard or recommended practice" means a vehicle equipment standard or recommended practice contained in a SAE Standards Handbook published by the Society of Automotive Engineers, Inc.

Subp. 38. Safety glass.

"Safety glass" means glazing materials so constructed, treated, or combined with other materials as to reduce, in comparison with ordinary sheet, float, or plate glass, the likelihood of injury to persons by objects from exterior sources or by the glazing materials when cracked or broken. The term also includes rigid and flexible safety glazing plastics.

Subp. 39. School bus warning-signal devices.

"School bus warning-signal devices" includes:

A. flashing red signal lamps which are alternately flashing lamps mounted horizontally both front and rear and intended to identify a vehicle as a school bus and to inform other users of the highway that the school bus is stopped on the highway to take on or discharge school children;

B. flashing amber signal lamps which are alternately flashing lamps mounted horizontally both front and rear and intended to identify a vehicle as a school bus and to prewarn by informing other users of the highway that the school bus is about to stop to take on or discharge school children;

C. a white strobe lamp which is a 360-degree double-flash lamp mounted on top of a school bus and used only when atmospheric conditions or terrain restrict visibility of the flashing warning-signal lamps; and

D. a stop arm which is an auxiliary device used to signal that a school bus has stopped to load or discharge passengers. It supplements the flashing red signal lamps. It may have alternately flashing, red lamps and it may be reflectorized.

Subp. 40. Side marker lamps.

"Side marker lamps" means lamps that show to the side of the vehicle and are mounted on the permanent structure of the vehicle as near as practicable to the front and rear edges to indicate the overall length of the vehicle. Additional lamps may also be mounted at intermediate locations on the sides of the vehicle.

Subp. 41. Side turn-signal lamps.

"Side turn-signal lamps" means lighting devices mounted on the side at or near the front of a vehicle and used as part of the turn-signal system to indicate a change in direction by giving a supplementary flashing, warning signal on the side toward which the vehicle operator intends to turn or maneuver.

Subp. 42. Spot lamp.

"Spot lamp" means a lamp that provides a substantially parallel beam of light and which can be aimed at will. These lamps are not intended as substitutes for headlamps or as auxiliary lamps for road lighting, but are intended for use in emergencies and under conditions when a concentrated, controllable light beam is advantageous.

Subp. 43. Stop lamp.

"Stop lamp" means a lamp giving a steady light to the rear of a vehicle or train of vehicles to indicate the intention of the operator of a vehicle to stop or diminish speed by braking.

Subp. 44. Supplemental high-mounted stop and rear turn-signal lamps.

"Supplemental high-mounted stop and rear turn-signal lamps" means additional rear-facing lamps mounted high and possibly forward of the required tail, stop, and rear turn-signal lamps. They are intended to project a signal through intervening vehicles to operators of following vehicles.

Subp. 45. Tail lamp or rear-position lamp.

"Tail lamp" or "rear-position lamp" means a lamp used to designate the rear of a vehicle by a steady-burning, low intensity light. Tail lamps are also used as rear parking lamps.

Subp. 46. 360-degree emergency warning-signal lamps.

"360-degree emergency warning-signal lamps" means devices that project light through a 360-degree arc in a regularly repeating pattern of flashes and that are designed for use on authorized emergency, maintenance, and service vehicles. The 360-degree emergency warning-signal lamps are used to signal other drivers to stop, to yield right-of-way, or to indicate the existence of a hazardous situation.

Subp. 47. Towing device.

"Towing device" includes:

A. a coupling which is that part of the trailer-connecting mechanism by which the connection is actually made but which does not include any structural member, extension of the trailer frame, or brake actuator;

B. a hitch which is that part of a connecting mechanism including the ball support platform and ball and those components that extend and are attached to the towing vehicle;

C. a fifth wheel which is a load-carrying mechanical or structural towing device, including a kingpin and load-bearing plate-type device, that, when in use, serves as a primary connecting system for a semitrailer;

D. a saddle mount which is a device designed and constructed to be readily demountable and used in drive-away, tow-away operations to perform the functions of a conventional fifth wheel;

E. a tow bar which is a beam-type device fastened between the towing vehicle and the towed vehicle and used to transmit longitudinal loads between the vehicles; and

F. a safety chain which is a flexible tension member including chain, cable, or wire rope, and the attaching means, connected from the front of the trailer or trailer tongue to the rear of the towing vehicle for the purpose of retaining connection between the towing vehicle and the towed vehicle in the event the trailer coupling or ball should fail.

Subp. 48. Turn-signal lamp.

"Turn-signal lamp" means the signaling element of a turn-signal system which indicates a change in direction by a flashing light indicating the side toward which the turn will be made. Turn-signal lamps may be flashed simultaneously as a vehicular traffic hazard-warning signal.

Subp. 49. Turn-signal flasher.

"Turn-signal flasher" means a device that causes all the required signal lamps to flash when it is turned on.

Subp. 50. Turn-signal switch.

"Turn-signal switch" means that part of a turn-signal system by which the vehicle operator causes the signal lamps to function.

Subp. 51. Turn-signal system.

A "turn-signal system" consists of a turn-signal switch, a flasher unit, two or more turn-signal lamps, and one or two indicator lights.

Subp. 52. VESC.

"VESC" means Vehicle Equipment Safety Commission.

Subp. 53. Warning lamp alternating flasher.

"Warning lamp alternating flasher" means a device that alternately flashes warning-signal lamps used on authorized emergency vehicles or school buses.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.0150 Purpose

The purpose of this chapter is to prescribe requirements for motor vehicle lighting devices, safety glazing materials, and towing devices, which are not federally regulated and that are used on vehicles in Minnesota.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.0160 Scope

The scope of this chapter is intended to be consistent with Minnesota Statutes, sections 169.222, 169.223, 169.44, 169.467 to 169.469, 169.48 to 169.52, 169.53 to 169.66, 169.71, subdivision 4, 169.74, and 169.75.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.0200 [Repealed, 9 SR 1252]

[Repealed, 9 SR 1252]

Minn. R. 7425.0300 [Repealed, 9 SR 1252]

[Repealed, 9 SR 1252]

Minn. R. 7425.0400 [Repealed, 9 SR 1252]

[Repealed, 9 SR 1252]

Minn. R. 7425.0500 Federally Regulated Equipment; Incorporation

A lighting device, safety glazing material, or towing device certified by the manufacturer to meet applicable federal motor vehicle safety standards in Code of Federal Regulations, title 49, sections 571.108, 571.125, and 571.205 adopted under the National Traffic and Motor Vehicle Safety Act of 1966, United States Code, title 15, sections 1381 to 1431, is approved by the commissioner of public safety and hereby incorporated by reference.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.0600 Nonfederally Regulated Equipment

Before the device is offered for sale, every manufacturer who sells or offers for sale a lighting device or other safety equipment, component, or assembly not subject to and not certified in compliance with an applicable federal motor vehicle safety standard incorporated by reference in this chapter and of a type for which approval is required, must have laboratory test data showing compliance with the standards or recommended practices prescribed by this chapter. Tests may be conducted by the manufacturer.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.0700 Test Reports

The commissioner at any time may request from the manufacturer a copy of the test or other supporting data on a lighting device, glazing material, or towing device showing proof of compliance with this chapter and additional evidence that due care was established in maintaining compliance during production. If the manufacturer fails to provide proof of compliance within 30 days following the request, the commissioner shall prohibit the sale of the device in Minnesota until acceptable proof of compliance is received.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.0800 Compliance

The commissioner shall require manufacturers of nonfederally regulated equipment to submit proof of compliance with this chapter signed by a responsible official of the manufacturer, or the manufacturer, under Minnesota Statutes, section 169.468, subdivision 2, may submit an unexpired certificate of approval or notice of compliance from the American Association of Motor Vehicle Administrators provided the certificate or notice shows proof of compliance with the rules, standards, and recommended practices adopted in this chapter.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.0900 Expiration of Approval of Motor Vehicle Equipment

Approval for the sale of nonfederally regulated equipment expires after five years unless the manufacturer requests reapproval, in which case the manufacturer shall submit proof of current compliance in accordance with part 7425.0800 that the item as then being manufactured conforms to this chapter.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.1000 Testing

The commissioner may purchase equipment sold for use on vehicles and test or retest the equipment for conformance with applicable requirements.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.1100 Fee Waived

The fee authorized to be set and collected by the commissioner under Minnesota Statutes, section 169.468, subdivision 2, for costs connected with tests and approval of equipment submitted without certification or notification by the American Association of Motor Vehicle Administrators is hereby waived.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.2000 General Requirements

Subpart 1. Compliance.

Vehicle lighting equipment must conform to the general requirements listed in subparts 2 to 5.

Subp. 2. Relation to statutes.

Lighting devices and components listed in part 7425.2100 must comply with the standard, recommended practice, or regulation stipulated for each device. A SAE standard or recommended practice is incorporated by reference to the extent that the standard or recommended practice is consistent with Minnesota statutory requirements delineated in parts 7425.0150 and 7425.0160.

Subp. 3. Original and replacement equipment.

Original lighting equipment for a vehicle and after-market equipment made or sold for replacement of original lighting equipment must comply with the rules, federal regulations, standards, or recommended practices incorporated by reference in this chapter or the standards, recommended practices, or requirements in effect when the vehicle was manufactured.

Subp. 4. Nonreplacement equipment.

After-market lighting equipment not made or sold for replacement of original equipment must comply with this chapter or the standards, recommended practices, or requirements in effect at the time, or up to one year prior to the time, that the equipment was manufactured.

Subp. 5. Terms.

The words "it is recommended that," "recommendations," "should," or similar terms appearing in the SAE standards and recommended practices incorporated by reference in part 7425.2100 set forth a requirement except as otherwise expressly provided in this chapter. Items referred to as "a matter of information" or "attention is called to" in the SAE standards and recommended practices are not mandatory except as otherwise expressly provided in this chapter.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.2100 Lighting Devices; Incorporations by Reference

Subpart 1. Incorporations by reference.

Each of the following standards, recommended practices, and regulations are incorporated by reference for the lighting device indicated:

A. auxiliary driving lamp: SAE standard J581a, "Auxiliary Driving Lamps - SAE J581a," revised 1980, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

B. auxiliary low-beam lamp: SAE standard J582 SEP81, "Auxiliary Low Beam Lamp - SAE J582 SEP81," 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

C. auxiliary passing lamp: SAE standard J582, "Electric Supplementary Passing Lamp - SAE J582," SAE Handbook 1973, published by Society of Automotive Engineers, Inc. (New York, NY, 1973);

D. backup lamp: Code of Federal Regulations, title 49, section 571.108;

E. bicycle rear red reflector: SAE standard J594f, "Reflex Reflectors - SAE J594f," revised January 1977, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

F. bicycle side reflector: Code of Federal Regulations, title 16, part 1512 (1983);

G. bicycle reflectorized pedal: Code of Federal Regulations, title 16, part 1512 (1983);

H. bicycle reflectorized tire: Code of Federal Regulations, title 16, part 1512 (1983);

I. clearance lamp: Code of Federal Regulations, title 49, section 571.108;

J. driving lamp: SAE standard J581a, "Auxiliary Driving Lamps - SAE J581a," 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

K. electric emergency lantern: SAE standard J596, "Electric Emergency Lanterns - SAE J596," SAE Handbook 1978, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1978);

L. emergency reflective triangle: Code of Federal Regulations, title 49, section 571.125;

M. flare: SAE standard J597, "Liquid Burning Emergency Flares - SAE J597," SAE Handbook 1978, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1978);

N. flashing warning lamp: SAE standard J595b, "Flashing Warning Lamps for Authorized Emergency, Maintenance and Service Vehicles - SAE J595b," revised July 1964, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

O. fog lamp: SAE standard J583 MAY81, "Front Fog Lamps - SAE J583 MAY81," 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

P. front cornering lamp: SAE recommended practice J852b, "Cornering Lamps - SAE J852b," revised February 1965, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

Q. fusee: Code of Federal Regulations, title 49, section 393.95 (1983);

R. hazard warning signal flasher: Code of Federal Regulations, title 49, section 571.108;

S. hazard warning signal switch: Code of Federal Regulations, title 49, section 571.108;

T. headlamp assembly and optical unit: Code of Federal Regulations, title 49, section 571.108;

U. headlamp beam switching device: Code of Federal Regulations, title 49, section 571.108;

V. identification lamps: Code of Federal Regulations, title 49, section 571.108;

W. license plate lamp: Code of Federal Regulations, title 49, section 571.108;

X. motorcycle auxiliary front lamp: SAE recommended practice J1306 JUN80, "Motorcycle Auxiliary Front Lamps - SAE J1306 JUN80," 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

Y. motorcycle headlamp: Code of Federal Regulations, title 49, section 571.108;

Z. motorcycle turn-signal lamp: Code of Federal Regulations, title 49, section 571.108;

AA. parking lamp: Code of Federal Regulations, title 49, section 571.108;

BB. portable red reflector: SAE recommended practice J774c, "Emergency Warning Device - SAE J774c," revised January 1971, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

CC. rear cornering lamp: SAE recommended practice J1373 JUN82, "Rear Cornering Lamp - SAE J1373 JUN82," 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

DD. rear turn-signal lamp: SAE recommended practice J186a, "Supplemental High Mounted Stop and Rear Turn Signal Lamps - SAE J186a," revised September 1977, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

EE. reflex reflector: Code of Federal Regulations, title 49, section 571.108;

FF. safety glass: Code of Federal Regulations, title 49, section 571.205;

GG. school bus prewarning flashing amber signal lamp: Code of Federal Regulations, title 49, section 571.108;

HH. school bus stop-warning flashing red signal lamp: Code of Federal Regulations, title 49, section 571.108;

II. school bus stop arm: SAE recommended practice J1133a, "School Bus Stop Arm - SAE J1133a," revised November 1977, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

JJ. school bus white strobe lamp: Minnesota Statutes, section 169.64, subdivision 7;

KK. side marker lamp: Code of Federal Regulations, title 49, section 571.108;

LL. side turn-signal lamp: SAE recommended practice J914b, "Side Turn Signal Lamps - SAE J914b," revised July 1978, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

MM. spot lamp: SAE standard J591b, "Spot Lamps - SAE J591b," revised December 1972, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

NN. stop lamp: Code of Federal Regulations, title 49, section 571.108;

OO. supplemental high-mounted stop lamp: Code of Federal Regulations, title 49, section 571.108;

PP. tail or rear-position lamp: Code of Federal Regulations, title 49, section 571.108;

QQ. 360-degree emergency warning signal lamp: SAE recommended practice J845, "360 Deg Emergency Warning Lamp - SAE J845," reaffirmed without change May 1972, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

RR. turn-signal flasher: Code of Federal Regulations, title 49, section 571.108;

SS. turn-signal lamp: Code of Federal Regulations, title 49, section 571.108;

TT. turn-signal switch: Code of Federal Regulations, title 49, section 571.108;

UU. turn-signal system: Code of Federal Regulations, title 49, section 571.108;

VV. warning lamp alternating flasher: SAE recommended practice J1054, "Warning Lamp Alternating Flashers - SAE J1054," revised January 1977, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983).

Subp. 2. Availability of SAE standards.

The SAE standards and recommended practices incorporated by reference in subpart 1 are available for inspection and copying at the Hill Reference Library, 80 W. Fourth Street, Saint Paul, Minnesota 55102.

Subp. 3. Frequency of changes to SAE standards.

The SAE standards and recommended practices incorporated by reference in subpart 1 are not subject to frequent changes.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.2200 Model Designation

Each lighting device must be marked with a model designation which differentiates one model from another unless the only differences are:

A. right- and left-hand mounting;

B. housing finish;

C. housing material;

D. mounting methods;

E. lens color;

F. lens material;

G. number of bulbs;

H. type of bulbs;

I. number of wiring connections; and

J. functions.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.2300 Identification and Marking Requirements

Subpart 1. In general.

Lighting devices must be marked and identified to conform with the requirements in subparts 2 to 9.

Subp. 2. Federally regulated lighting devices.

Lighting devices required by federal regulations to conform to Code of Federal Regulations, title 49, section 571.108 must be marked according to these federal requirements. Federally regulated equipment may also be marked according to subparts 3 to 5, except as may be prohibited by Code of Federal Regulations, title 49, section 571.108.

Subp. 3. Nonfederally regulated lighting equipment; incorporation by reference.

Nonfederally regulated lighting equipment must be marked according to SAE recommended practice J759 MAR82, "Lighting Identification Code-J759 MAR82," 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983), specifying permanent markings to identify device manufacturer, model, year, and functions. This recommended practice is hereby incorporated by reference. The SAE recommended practice J759 MAR82 is available for copying and inspection at the Hill Reference Library, 80 W. Fourth Street, Saint Paul, Minnesota 55102. It is not subject to frequent change.

Subp. 4. Removable bulb.

Each removable bulb must be marked so as to identify the bulb manufacturer and also with the model designation or trade number. The design voltage and either the wattage or ampere rating may be shown instead of model designation or trade number. Bulb markings must be indelible and readable without magnification. In cases of private branding, a means of tracing the actual manufacturer must be provided by the owner of the private brand.

Subp. 5. Optical unit and assembly.

In addition to the manufacturer's name, initials, or lettered trademark, each optical unit and assembly not covered by a lens or filter when in use must have marked on the lens the function code of the SAE standard or recommended practice to which the lamp complies.

Subp. 6. Location.

Lamp and reflex reflector markings sufficient to identify the device as approved, must be located so as to be visible without the removal of any part of the vehicle on which it is installed. Flasher units, built-in signal switches, built-in headlamp housing assemblies, and headlamp beam-switching devices must have the identification marking on the exterior or on the wiring harness, but the markings are not required to be visible on the equipment as installed. Sealed-beam headlamp optical units may have model markings located so as to not be visible as installed on a vehicle, but the manufacturer's name, initials, or lettered trademark, and the lamp designation markings, must be visible on the lens.

Subp. 7. Orientation markings.

For orientation markings, each lamp model and separable component and each reflex reflector that may be rotated or installed in an orientation that does not comply with the applicable standards incorporated by reference in this chapter, must be marked so that the installer and a person inspecting the installed device may readily identify when the equipment is not properly oriented.

Subp. 8. Other markings.

Markings that are not required and not prohibited by Code of Federal Regulations, title 49, section 571.108, may also be applied but must not detract from or change the meaning of the required markings.

Subp. 9. Permanent markings.

Markings that are required must be applied so as to be legible for the life of the device.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.2400 Construction of Nonfederally Regulated Devices

Subpart 1. In general.

Nonfederally regulated devices must be constructed to meet the requirements in subparts 2 to 8.

Subp. 2. Convenient adjustments.

Lamps must be so constructed that bulb or lens replacements and aiming adjustments may conveniently be made by one person with ordinary hand tools.

Subp. 3. Free from hazard.

Lighting devices must be so constructed as to present no unreasonable personal hazard to a qualified person servicing the unit.

Subp. 4. Aim.

Lamp mountings must be so arranged that the aim of the lamp will not be disturbed under ordinary conditions of service. The range of aiming adjustment for any lamp requiring aim must be plus or minus four degrees in both the vertical and horizontal planes except as otherwise specified by the applicable SAE standard or recommended practice incorporated by reference in this chapter.

Subp. 5. Replacement.

Lamps must be so constructed that an optical unit or bulb can be replaced without disturbing the aim of the lamp.

Subp. 6. Attachment and removal.

The means of fastening split or solid rims or trim rings must be readily accessible and means must be provided for easy removal of lens-retaining rings when snap or lock rings are used.

Subp. 7. Gaskets.

Gaskets must be constructed of a durable material which will retain shape and resiliency.

Subp. 8. Electrical wiring.

The electrical wiring must be securely connected and protected from abrasion.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.2500 Specifications for Individual Lighting Devices

Subpart 1. In general.

In addition to complying with standards incorporated by reference in this chapter, the requirements for individual devices are listed in subparts 2 to 11.

Subp. 2. Bicycle headlamp.

Bicycle headlamp intensity above horizontal must not be greater than 250 candela. The lamp housing must be constructed so that a bulb and battery can be readily replaced. The headlamp must project a distinct beam of white light of uniform pattern.

Subp. 3. Combination lamp.

In combination lamps, the requirements for each individual function must be met independently of any other function.

Subp. 4. Electric emergency lantern.

Electric emergency lanterns, when placed on any clean, dry, paved road surface, must not tip or slide in a 40 mile-per-hour wind. To test these devices, three sample lanterns regularly marketed and sold must be chilled at a temperature of minus 20 degrees Fahrenheit for 12 hours, after which they must be placed in operation for 12 hours. Failure of two of the three samples to operate or to meet the intensity requirements of SAE standard J596 for electric emergency lanterns, incorporated by reference in part 7425.2100, subpart 1, item L, during the test is an automatic rejection.

Subp. 5. Fusee.

Fusees must conform to the requirements in Code of Federal Regulations, title 49, section 393.95(j) (1983) for fusees. The color emitted must be red.

Subp. 6. Alternate replacement bulb.

Each bulb designed or marketed as an alternate replacement must comply with the SAE standards or recommended practices incorporated by reference in this chapter applicable for that type of bulb to permit a lighting device in which it is an alternate replacement to continue to conform to this chapter.

Subp. 7. Replacement lens.

Replacement lenses, when installed in the housings for which they are designed, must meet the mechanical test requirements for dust, moisture, vibration, and warpage specified in the standards or recommended practices incorporated in this chapter and applicable to the lamp. If gaskets, sealant, or other parts are supplied with the lens, the requirements must be met using the materials supplied.

The photometric and color requirements of this chapter that were in effect at the time the latest lamp was last manufactured must be met for each function performed. Instructions listing the original lamps or the year and model of the vehicles on which the replacement lenses are designed to be installed must be included with the lens, the retail packaging for the lens, or in a catalog readily available where the lens is sold or offered for sale.

Subp. 8. School bus warning-lamp system.

Requirements for operating school bus warning-lamp systems are specified in parts 3520.5200 to 3520.5230 and 3520.5580.

Subp. 9. Spot lamp.

Spot lamps must be mechanically or electrically aimed and operated from the inside of the vehicle. This requirement does not apply to those lamps designed for use as utility lights and mounted on public utilities vehicles and on authorized emergency, maintenance, and service vehicles.

Subp. 10. Alternately flashing warning lamp.

Alternately flashing warning lamps may be used only on authorized emergency vehicles and school buses.

Subp. 11. Installation of flashing warning lamp.

The installation recommendations in SAE standard J595b for flashing warning lamps, incorporated by reference at part 7425.2100, subpart 1, item O, on authorized emergency vehicles are not mandatory for law enforcement vehicles when determined not practicable by the affected law enforcement agency.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252

Minn. R. 7425.2600 Nonstandard Lighting Devices

Subpart 1. In general.

The following device descriptions and requirements in subparts 2 to 7 are for lighting devices permitted or required by Minnesota Statutes for use and for which there are no published SAE standards or federal standards in effect. Approval is not required.

Subp. 2. Courtesy lamp.

A courtesy lamp, providing a low intensity white to yellow light used to aid visibility when a person is entering or exiting a vehicle, must not exceed 15 candlepower in any direction outboard of the vehicle and must not be visible outboard unless the door is opened.

Subp. 3. Emergency vehicle flashing white lamp.

An emergency vehicle flashing white lamp, that may be used by an authorized emergency vehicle to display a flashing white light in addition to a flashing red light, does not include flashing headlamps during times when the headlamps are required for visibility. The flash rate, duration, and intensity must follow the SAE standard J595b incorporated by reference at part 7425.2100, subpart 1, item N, or SAE recommended practice J845 incorporated by reference at part 7425.2100, subpart 1, item QQ, as applicable to emergency vehicle warning lamps, except that when used as a traffic signal priority device it must flash as authorized by the commissioner. The white light must be at least four times the intensity required for a red warning light in SAE standard J595b or SAE recommended practice J845, as applicable to the lamp type.

Subp. 4. Fender lamp or side cowl lamp.

A fender lamp or side cowl lamp providing a low intensity white light, must not exceed one candlepower intensity in any direction.

Subp. 5. School bus white strobe lamp.

A school bus white strobe lamp must be certified to the commissioner by the manufacturer, as provided in Minnesota Statutes, section 169.64, subdivision 7.

Subp. 6. Volunteer firefighter lamp.

A volunteer firefighter lamp, providing a single steady-burning red light mounted facing forward on the front of a vehicle, must follow the performance requirements for stop lamps, incorporated by reference in part 7425.2100, subpart 1, item NN, or in effect at the time of manufacture. This type of lamp does not include a reflex reflector.

Subp. 7. Volunteer ambulance driver lamp.

A volunteer ambulance driver lamp is the same type lamp as a volunteer firefighter lamp and must comply with the requirements in subpart 6.

History

• Statutory Authority: MS s 169.468; 169.65
• History: 9 SR 1252; 17 SR 1279

Minn. R. 7425.5000 Safety Glazing Material; Incorporation by Reference

Safety glass and plastic must comply with the specifications in Code of Federal Regulations, title 49, section 571.205 which is incorporated by reference, and with Minnesota Statutes, section 169.71, subdivision 4, as applicable to type of material, location on the vehicle, performance, and markings. Material that complies with the applicable standard incorporated by reference in this part is approved by the commissioner.

History

• Statutory Authority: MS s 169.468; 169.71
• History: 9 SR 1252

Minn. R. 7425.6000 Trailer, Semitrailer Towing Devices; Incorporations by Reference

Subpart 1. Federally regulated towing devices.

Federally regulated towing devices must comply with the requirements in Code of Federal Regulations, title 49, section 393.70 or 393.71 (1983) which are both incorporated by reference, as applicable according to the towing method.

Subp. 2. Nonfederally regulated towing devices.

Nonfederally regulated towing devices must comply with the performance, identification, and installation requirements of the regulations in item A, B, or C which are all incorporated by reference, as applicable according to the vehicle type and weight and the towing method.

A. Hitches and couplings for trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or less must comply with the requirements in VESC regulation V-5, "Minimum Requirements for Motor Vehicle Connecting Devices and Towing Methods," revised July 1977, Vehicle Equipment Safety Commission (Washington, D.C., 1977), which is hereby incorporated by reference. VESC regulation V-5 is available through the Minitex interlibrary loan system. It is not subject to frequent change.

B. Towbars and fifth wheel connecting devices for semitrailers with a gross vehicle weight rating of 30,000 pounds or less and towbar connections not covered by VESC regulation V-5 must comply with the requirement in VESC regulation VESC-19, "Performance Requirements for Fifth Wheel Vehicle Connecting Devices and Towing Methods," approved July 1980 by the VESC-19 Committee, Vehicle Equipment Safety Commission (Alexandria, VA, 1980), which is hereby incorporated by reference. VESC regulation VESC-19 is available through the Minitex interlibrary loan system. It is not subject to frequent change.

C. Towing devices not covered by VESC regulation VESC-19 or V-5 must comply with the requirements in Code of Federal Regulations, title 49, section 393.70 or 393.71 (1983), incorporated by reference in subpart 1.

Subp. 3. Towing devices.

Towing devices are not required to be registered or certified. Devices that comply with subpart 1 or 2 are approved by the commissioner. No other towing devices are approved.

History

• Statutory Authority: MS s 169.468; 169.82
• History: 9 SR 1252

Chapter 7430 AUTO LAMP ADJUSTING STATIONS

Minn. R. 7430.0200 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7430.0300 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7430.0400 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7430.0500 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7430.0600 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7430.0700 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Chapter 7435 BRAKE TESTING STATIONS

Minn. R. 7435.0200 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7435.0300 MR 1993 [Obsolete MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7435.0400 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7435.0500 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7435.0600 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7435.0700 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7435.0800 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 7435.9910 MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1993 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Chapter 7438 HYDRAULIC BRAKE FLUIDS

Minn. R. 7438.0200 [Repealed, L 1984 c 549 s 34]

[Repealed, L 1984 c 549 s 34]

Minn. R. 7438.0300 [Repealed, L 1984 c 549 s 34]

[Repealed, L 1984 c 549 s 34]

Minn. R. 7438.0400 [Repealed, L 1984 c 549 s 34]

[Repealed, L 1984 c 549 s 34]

Minn. R. 7438.0500 [Repealed, L 1984 c 549 s 34]

[Repealed, L 1984 c 549 s 34]

Chapter 7440 SLOW-MOVING VEHICLE EMBLEMS

Minn. R. 7440.0100 Definitions

Subpart 1. Scope.

For the purposes of this chapter the following terms shall have the meanings given them.

Subp. 1a. Alternate SMV emblem.

"Alternate SMV emblem" is the SMV emblem that may be displayed instead of the standard SMV emblem by persons who have obtained a permit to display the alternate SMV emblem from the commissioner.

Subp. 2. ASAE.

"ASAE" is an abbreviation for American Society of Agricultural Engineers.

Subp. 3. ASTM.

"ASTM" is an abbreviation for American Society for Testing and Materials.

Subp. 3a. Commissioner.

"Commissioner" means the commissioner of public safety.

Subp. 4. Portable emblem.

"Portable emblem" means the slow moving vehicle emblem when attached to the backing material specified in part 7440.0400, subpart 4.

Subp. 5. SAE.

"SAE" is an abbreviation for Society of Automotive Engineers.

Subp. 6. Slow moving vehicle.

"Slow moving vehicle" means all animal-drawn vehicles, implements of husbandry, and other machinery, including all road construction machinery, except when used in actual construction and maintenance work as qualified by Minnesota Statutes, section 169.522, which are designed for operation at a speed of 25 miles per hour or less. These vehicles are those that normally travel at rates of speed slower than regular vehicular traffic (vehicles that have a maximum travel speed of less than 25 miles per hour).

Subp. 7. SMV emblem.

"SMV emblem" means the triangular multicolored device used to identify slow moving vehicles.

Subp. 8. SMV.

"SMV" is an abbreviation for slow moving vehicle.

History

• Statutory Authority: MS s 169.522
• History: 11 SR 957

Minn. R. 7440.0200 Purpose and Scope

Subpart 1. Purpose.

The purpose of this chapter is to carry out the mandate of the legislature and to effectuate that mandate as set forth in Minnesota Statutes, section 169.522, with reference to standards and specifications for the design and position of mounting of slow moving vehicle emblems.

Subp. 2. Scope.

The scope of this chapter is confined within the framework of and intended to be consistent with Minnesota Statutes, section 169.522.

History

• Statutory Authority: MS s 169.522

Minn. R. 7440.0300 Description of Smv and Alternate Smv Emblems

Subpart 1. SMV emblem.

The SMV emblem consists of a fluorescent yellow-orange triangle with a dark red reflective border. The yellow-orange fluorescent triangle provides a brightly visible daylight identification. The reflective red border defines the shape of the fluorescent triangle in daylight and appears as a hollow red triangle when illuminated by motor vehicle headlights at night.

Subp. 2. Alternate SMV emblem.

The alternate SMV emblem consists of a dull black triangle with a white reflective border. In normal weather conditions, the white reflective border must be visible from a distance of not less than 600 feet to the rear when properly mounted.

History

• Statutory Authority: MS s 169.522
• History: 11 SR 957

Minn. R. 7440.0350 Permit to Display Alternate Smv Emblem

Subpart 1. Conflicting beliefs.

Persons who have sincerely held religious beliefs prohibiting their use of the standard SMV emblem may apply for a permit to display the alternate SMV emblem.

Subp. 2. Application.

Applications for permits to display the alternate SMV emblem must be made on an application form prescribed by the commissioner. The application must contain a statement of the conflicting religious principles or tenets on which the applicant's objection to the display of the standard SMV emblem is based.

Subp. 3. Permit use requirements.

The alternate SMV emblem may be used only on animal-drawn vehicles. A person operating a vehicle displaying the alternate SMV emblem must have in possession in the vehicle a permit or copy of a permit to display the alternate SMV emblem. A permit is not transferable and may not be used by persons other than employees or immediate household members of the family of a person who has obtained a permit. The permit must be displayed to a peace officer upon request.

Subp. 4. Permit life.

A permit for the display of the alternate SMV emblem is valid for a period of four years.

Subp. 5. Appeal.

The decision granting or denying permit requests must be in writing and must set forth the reasons for the action. A person whose application is denied may request a contested case hearing to review the denial, by writing to the commissioner of public safety.

History

• Statutory Authority: MS s 169.522
• History: 11 SR 957

Minn. R. 7440.0400 Design Standards and Specifications

Subpart 1. Dimensional requirements.

The size must be as shown in part 7440.9920. Backing material for portable SMV emblems must have the same geometric shape as the emblem and may be slightly larger in order to provide a margin of not more than one-fourth inch.

Subp. 2. Color and reflectivity.

The design standards and specifications for color and reflectivity are:

A. The spectrophotometric color values of the yellow-orange fluorescent material must have a dominant wave length of 602-610 millimicrons and a purity of 84 percent before the exposure test specified in subpart 3. The dominant wave length of the fluorescent material after the exposure test must not change more than ten percent.

B. The reflective material used on SMV and alternate SMV emblems must conform to federal specification L-S-300C, Table II, "Specific Intensity per unit Area (SIA): Minimum Reflectivity 1 Sheeting and Tape," of March 20, 1979, approved by the Commissioner, Federal Supply Service, General Services Administration. Table II is incorporated by reference, is not subject to frequent change, and is located and available for copying at the Minnesota State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. Federal Specification L-S-300C is available from the General Services Administration, Business Service Center, Chicago, Illinois 60604.

C. The size and shape of SMV and alternate SMV emblems must comply with parts 7440.9920 and 7440.9930, respectively.

Subp. 3. Exposure.

The fluorescent, dull black, and reflective material must show no appreciable discoloration, cracking, crazing, blistering, loss of durable bond, or dimensional change after exposure to the sun at an angle of 45 degrees to horizontal and facing south per ASTM Standard D1014, Method of Conducting Exterior Exposure Tests of Paints on Steel, for a test period of 12 months in southern Florida.

Subp. 4. Backing material.

The backing material for portable SMV emblems must be 0.040 inch minimum thickness aluminum sheet, 0.08 inch or 2.0 millimeters minimum thickness rigid acrylonitrile butadiene styrene (ABS) plastic, 22 gauge (0.030 inch or 0.8 millimeter) minimum thickness mill-galvanized or coated sheet steel, or other material of equal strength, with the application surface clean and free of oil, grease, etc., so as to be receptive to a durable bond of the fluorescent and reflective materials. The backing material must be free of burrs and corners must be slightly rounded.

Subp. 5. Reports.

The manufacturer of SMV emblems shall supply certified test reports showing compliance with the design standards and specifications upon request by the commissioner of public safety.

History

• Statutory Authority: MS s 169.522
• History: 11 SR 957

Minn. R. 7440.0500 Standards and Specifications for Mounting

Subpart 1. Location.

The SMV emblem or alternative SMV emblem must be mounted point up, as shown in part 7440.9920 in a plane perpendicular to the direction of travel. It must be placed centrally at the rear of the vehicle, unobscured, and two to six feet above the ground measured to the lower edge of the emblem.

Subp. 2. Attachment.

The SMV emblem or alternate SMV emblem may be permanently attached to the vehicle or equipment when practical. Unless the SMV emblem or alternate SMV emblem is attached directly and permanently to the vehicle, it must be mounted by using devices designed to hold the emblem in the position and location specified in subpart 1. The SMV emblem mounting device referred to in Minnesota Statutes, section 169.522 must be the socket specified in the ASAE Standard S277 current at the time of manufacture or assembly of the SMV emblem or alternate SMV emblem.

Subp. 3. Limitations.

The emblem shall not replace any other lamps, lights, reflectors, or warning devices required by law or rule and is not to be used as a clearance marker for wide equipment.

History

• Statutory Authority: MS s 169.522
• History: 11 SR 957

Minn. R. 7440.9910 [Repealed, 11 SR 957]

[Repealed, 11 SR 957]

Minn. R. 7440.9915 [Repealed, 11 SR 957]

[Repealed, 11 SR 957]

Minn. R. 7440.9920 Smv Emblem

History

• Statutory Authority: MS s 169.522

Minn. R. 7440.9930 Alternate Smv Emblem

History

• Statutory Authority: MS s 169.522
• History: 11 SR 957

Chapter 7445 PASSENGER AUTOMOBILE TIRES

Minn. R. 7445.0100 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the following terms shall have meanings ascribed to them.

Subp. 2. Bead.

"Bead" means the part of the tire which is shaped to fit the wheel rim.

Subp. 3. Cord.

"Cord" means the strands forming the plies in the tires.

Subp. 4. Groove.

"Groove" means the space between two adjacent tread ribs.

Subp. 5. Ply.

"Ply" means a layer of rubber-coated parallel cords.

Subp. 6. Sidewall.

"Sidewall" means that portion of the tire between tread and bead.

Subp. 7. Tie bar.

"Tie bar" means a transverse rubber rib manufactured into some tire treads to give lateral stability to tread ribs.

Subp. 8. Tread.

"Tread" means that portion of the outer surface of the tire that is designed to come into contact with the road surface.

Subp. 9. Tread design depth.

"Tread design depth" means the distance, measured near the centerline of the tire, from the base of the tread design to the top of the tread.

Subp. 10. Tread rib.

"Tread rib" means the tread section running circumferentially around the tire.

Subp. 11. Tread wear indicator.

"Tread wear indicator" means material molded during the manufacturing process into the bottom of tread grooves and designed to visibly disrupt the tread pattern when the tread design depth has worn to a depth of 2/32 of an inch.

History

• Statutory Authority: MS s 169.722

Minn. R. 7445.0200 Purpose and Authority

Subpart 1. Purpose.

The purpose of parts 7445.0100 to 7445.0300 is to establish minimum standards for the safe operating conditions of tires in use on passenger automobiles, station wagons, and other highway-use motor vehicles using passenger automobile-type tires.

Subp. 2. Authority.

Parts 7445.0100 to 7445.0300 are promulgated pursuant to the authority granted by Minnesota Statutes 1976, section 169.722.

History

• Statutory Authority: MS s 169.722

Minn. R. 7445.0300 Unsafe Tires

A tire is unsafe and unlawful if one or more of the following conditions exists:

A. there is any part of the ply or cord exposed;

B. there is a separation that may be indicated by a bump or bulge of the sidewall, tread, or ply;

C. there is a tread design depth of less than 2/32 of an inch measured in the tread groove nearest the center of the tread at three locations spaced approximately equally around the circumference of the tire, exclusive of tie bars or for those tires with tread wear indicators;

D. it is worn to the level of the tread wear indicators in any two tread grooves at three locations;

E. it is marked "not for highway use," "for racing purposes only," "unsafe for highway use," or any similar marking indicating the tire is not designed for highway use;

F. the tread or sidewall has cracks, cuts, or snags deep enough to expose the body cords; or

G. it has been regrooved or recut below the original tread design depth, except certain taxicab tires that have additional under-tread rubber and are specifically identified as such by use of the word "regrooveable" molded on or into each sidewall of the tire.

History

• Statutory Authority: MS s 169.722

Chapter 7450 WHEELCHAIR SAFETY DEVICES

Minn. R. 7450.0100 Definitions

Subpart 1. Scope.

The terms used in parts 7450.0100 to 7450.0800 have the meanings given them in this part.

Subp. 2. Anchorage.

"Anchorage" means the provision for transferring wheelchair securement loads to the vehicle structure.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of public safety or an authorized agent.

Subp. 3a. FMVSS.

"FMVSS" means federal motor vehicle safety standard No. 209 or No. 210, found in Code of Federal Regulations, title 49, section 571.209 or 571.210, respectively, as amended through December 31, 1991.

Subp. 3b. Gross vehicle weight rating.

"Gross vehicle weight rating" means the value specified by the vehicle manufacturer as the maximum loaded weight of the vehicle.

Subp. 4. Interior paneling.

"Interior paneling" means the material used to finish the interior of a vehicle, not including the floor.

Subp. 5. Occupant restraint.

"Occupant restraint" means a seat belt assembly and/or upper torso restraint intended to hold the occupant of a wheelchair in a generally seated position during transportation by motor vehicle.

Subp. 6. Operator.

"Operator" has the meaning given in Minnesota Statutes, section 299A.11, paragraph (b).

Subp. 6a. Transit vehicle.

"Transit vehicle" means a bus with a gross vehicle weight rating greater than 15,000 pounds. Transit vehicle does not include a school bus as defined in Minnesota Statutes, section 169.011, subdivision 71.

Subp. 7. Wheelchair.

"Wheelchair" means a mobility aid belonging to any class of three- or four-wheeled devices and that are usable indoors and designed for and used by individuals with mobility impairments, whether operated manually or powered.

Subp. 8. Wheelchair securement device; securement device.

"Wheelchair securement device" or "securement device" has the meaning given in Minnesota Statutes, section 299A.11, paragraph (a).

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0200 Purpose, Authority, and Scope

Subpart 1. Purpose.

The purpose of parts 7450.0100 to 7450.0800 is to establish minimum standards for approval of wheelchair securement devices in vehicles and approval of seat belt assemblies and anchorages used to protect persons in wheelchairs while transported in vehicles.

Subp. 2. Authority.

Parts 7450.0100 to 7450.0800 are adopted pursuant to the authority granted by Minnesota Statutes, sections 299A.01, subdivision 6; 299A.12, subdivision 4; and 299A.18.

Subp. 3. Scope.

Parts 7450.0100 to 7450.0800 apply to the transportation by motor vehicle of a disabled person while occupying a wheelchair. This transportation is offered or provided by an operator to the public, to its employees, or in connection with any other service offered by the operator including schooling or nursing homes and convalescent or child care services.

Subp. 4. Exception.

Parts 7450.0100 to 7450.0800 do not apply to a school bus manufactured before January 1, 1988, and subject to regular school bus inspection under Minnesota Statutes, section 169.451, nor do they apply to incidental transportation of an occupied wheelchair under circumstances other than as provided in subpart 3.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0250 Type of Securement Required

Subpart 1. Transit vehicle.

An occupied wheelchair transported in a transit vehicle must be secured with an approved securement device that is either:

A. a frame-attached device that meets the requirements of parts 7450.0300 and 7450.0400; or

B. a user-friendly device that meets the requirements of parts 7450.0430 and 7450.0460.

Subp. 2. Vehicle other than transit vehicle.

An occupied wheelchair transported in a vehicle other than a transit vehicle must be secured with an approved frame-attached securement device that meets the requirements of parts 7450.0300 and 7450.0400.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0300 Frame-Attached Wheelchair Securement

Subpart 1. Sufficient strength.

A frame-attached securement device must be of sufficient strength to prevent forward, backward, lateral, or vertical movement of the wheelchair when the device is engaged and the vehicle is in motion, accelerating, or braking.

Subp. 2. Attached to frame.

A frame-attached wheelchair securement device must attach to the frame of the wheelchair without damaging the frame. "Damage" includes effects harmful to the strength, integrity, or serviceableness of the wheelchair, but does not include minor dents, scratches, or other cosmetic blemishes not materially affecting serviceableness.

Subp. 3. Limitation.

A frame-attached wheelchair securement device must not be attached to a wheel of a wheelchair.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0400 Minimum Standards for Frame-Attached Devices

Each frame-attached wheelchair securement device must meet the requirements of items A to G.

A. It must attach to the wheelchair frame on at least three points. The three points of contact must be spaced to provide effective securement. Alternatively, a securement device meeting all other requirements of this chapter may attach to two widely spaced points on the wheelchair frame if the wheel tires or the wheelchair frame abuts an unyielding surface in a manner that meets the approval requirements of part 7450.0500.

B. It must consist of at least two webbing-type belts described in subitem (1) or at least two all-metal devices described in subitem (2) or one or more of each type of device.

C. It must be free of sharp edges, corners, and jagged projections to minimize injury to persons in the event of unintentional contact.

D. It must be capable of retraction, and be readily removable or otherwise suitably storable when not in use.

E. It must be anchored to the vehicle at not less than two separate points with bolts, nuts, and lock washers or self-locking nuts.

F. The method or device that provides attachment of the securement device to the wheelchair frame and the method or device locking the securement device in the load-holding mode must each be of a strength and design that will ensure performance of their intended function until the securement device is intentionally released.

G. Buckles, anchorage fittings, and other components essential to the functioning of the securement device must be integrated into the securement device in accordance with recognized practices and in a manner that preserves the overall strength of the securement device.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0430 User-Friendly Wheelchair Securement

Subpart 1. Nominal movement.

A user-friendly securement device must limit movement of an occupied wheelchair when the vehicle is in normal operation. An occupied wheelchair loaded with a restrained weight of 250 pounds may not move more than two inches in any direction at any point of contact with the floor when the vehicle is being operated under the following conditions:

A. full-throttle acceleration on dry pavement from a standstill to a speed of 25 miles per hour with the vehicle at its curb weight plus one occupied wheelchair;

B. maximum braking from a speed of 22 miles per hour to a standstill on dry pavement with the vehicle at its curb weight plus one occupied wheelchair; and

C. driving both clockwise and counterclockwise with the outer, front wheel around one of the following:

Subp. 2. Attachment.

A user-friendly securement device must attach to the wheelchair without damaging it during normal vehicle operations. "Damage" includes effects harmful to the strength, integrity, or serviceableness of the wheelchair but does not include minor dents, scratches, or other cosmetic blemishes not materially affecting serviceableness. A bent wheel or broken spoke for example is "damage."

Subp. 3. Release.

A user-friendly securement device must be designed so as to prevent an unintended mechanical release.

Subp. 4. User-friendly.

A user-friendly securement device must be designed so that it can be readily engaged and released by the user, or remotely by the vehicle driver, subject to the following conditions:

A. The manual operating control for the user must be located within the upper 33 inches of a 48-inch cube occupied by the secured wheelchair.

B. The force required by the user to engage and release may not exceed five pounds force and may not require tight grasping, pinching, or twisting of the wrist.

C. When a device is manually engaged, the reach, force, and dexterity required to manually release the device may not exceed that required to manually engage it.

D. The device may be automatically engaged by the wheelchair or remotely by the vehicle driver, but a manual release must be available that meets the specifications of items A and B. A device that may be remotely engaged or released by the driver must have an indicator light to inform the driver that the device has engaged or released the wheelchair.

E. A user-friendly device does not need to be able to secure all types of wheelchairs. A user-friendly device must secure all types of wheelchairs for which it is approved by the commissioner.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0460 Minimum Standards for User-Friendly Devices

Subpart 1. Force to be restrained.

A user-friendly securement device must be able to restrain force as follows:

A. A user-friendly securement device and its attachments used on a vehicle with a gross vehicle weight rating of 30,000 pounds or more must withstand a force in a forward longitudinal direction of up to 2,000 pounds per securement leg or clamping mechanism and a minimum of 4,000 pounds total for each wheelchair.

B. A user-friendly securement device and its attachments used on a vehicle with a gross vehicle weight rating of over 15,000 pounds but less than 30,000 pounds must withstand a force in a forward longitudinal direction of up to 2,500 pounds per securement leg or clamping mechanism and a minimum of 5,000 pounds total for each wheelchair.

Subp. 2. Attachment to vehicle.

A user-friendly securement device must be attached to a part of the vehicle that can, when attached, withstand the forces specified in subpart 1. The device must be installed according to the manufacturer's installation instructions approved under part 7450.0500.

Subp. 3. Damage to device.

After the test modes in subpart 1 have been removed, a user-friendly securement device must be operable to the extent that it will release a wheelchair, as specified in part 7450.0430, subpart 4.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0500 Approval Procedure

Subpart 1. Application.

Application for approval of a wheelchair securement device must be made in writing to the commissioner and must be accompanied by the manufacturer's actual or proposed written installation and use instructions and photographs or drawings clearly depicting the construction of the device and its physical characteristics, including all mounting hardware. The application must also include the labeling used for identifying the manufacturer and the model designation. An application for approval of a user-friendly securement device must also include a test report or engineering document certifying that the device and it's attachment to the vehicle can withstand the forces specified in part 7450.0460, or the manufacturer's specifications to the same effect listed in catalogs or publications by the manufacturer.

Subp. 2. Demonstration of frame-attached securement device.

When requested by the commissioner, an applicant for approval of a frame-attached securement device shall provide a vehicle with the securement device installed in it, and demonstrate the device by attaching it to a wheelchair provided by the applicant. The commissioner may load the wheelchair to 140 pounds and require that the vehicle be accelerated, driven around corners, and subjected to hard braking at speeds of 30 miles per hour or less. Movement of the wheelchair more than one inch in any direction, including vertically, during the test is grounds for refusing approval. Measurement of movement must be at the points where wheelchair wheels contact the floor. Damage to the wheelchair or other property or injury to a person during the test is the responsibility of the applicant.

Subp. 2a. Demonstration of user-friendly securement device.

When requested by the commissioner, an applicant for approval of a user-friendly securement device shall provide a vehicle with a wheelchair and with the securement device installed in the vehicle and demonstrate compliance of the device to the requirements of parts 7450.0430 and 7450.0460. Damage to the wheelchair or other property or injury to a person during the test is the responsibility of the applicant.

Subp. 3. Approval.

On determining that the securement device meets the requirements of this chapter, the commissioner shall issue a certificate of approval authorizing use of the device. If a user-friendly device does not secure all types of wheelchairs, the certificate must state the types of wheelchairs for which the device is approved.

Subp. 4. Denial and revocation.

The commissioner shall deny or revoke an approval upon a showing that the securement device does not meet a requirement of parts 7450.0100 to 7450.0800. The commissioner shall notify the applicant in writing of a denial or revocation of approval.

Subp. 5. Label.

Each wheelchair securement device must be permanently labeled with the name, initials, or trademark of the manufacturer and the model designation of the device. The label must be readily visible and legible from the outside of the device when it is properly mounted to the vehicle and in use.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0600 Occupant Restraint

Subpart 1. Seat belt assembly.

Each vehicle equipped with a wheelchair securement device must be equipped with a Type 2 seat belt assembly with a detachable upper torso portion at each wheelchair position in the vehicle or, in the alternative, must be equipped with a Type 1 pelvic restraint assembly and a length of Type 1 or Type 2 seat belt webbing, with buckle, adequate to encircle the chest of the wheelchair occupant and the backrest of the wheelchair.

Subp. 2. Standard.

Type 1 and Type 2 seat belt assemblies must meet the requirements of S1 to S4.4 of FMVSS No. 209.

Subp. 3. Installation and anchorage.

Type 1 and Type 2 seat belt assemblies and the detachable upper torso restraint, if a detachable upper torso restraint is installed instead of using a length of seat belt webbing to encircle the chest of the occupant and the backrest of the wheelchair, must be installed and anchored in accordance with S1 to S4.3.2 of FMVSS No. 210.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0700 Use of Securement Device

The driver of a vehicle equipped with a wheelchair securement device has the following duties:

A. The driver or a person designated by the driver shall ensure that an occupied wheelchair is properly secured before the driver sets the vehicle in motion.

B. When requested by the wheelchair user, when the wheelchair user is unable to communicate, when seat belt usage is required of all passengers in the vehicle, or when the vehicle is a school bus, the driver or a person designated by the driver shall ensure that the seat belt assembly, and upper torso restraint if so equipped, is fastened around the wheelchair user, before the driver sets the vehicle in motion. The seat belt assembly or the upper torso restraint must not be fastened, however, if the wheelchair user or other responsible person advises the driver that to do so would aggravate a physical condition of the wheelchair user. If the physical condition would be aggravated by the use of but one of the devices, the device that would have no adverse effect on the physical condition must be fastened in the required manner.

C. The driver or a person designated by the driver shall ensure that securement devices and seat belt assemblies are retracted, removed, or otherwise stored when not in use to prevent tripping of persons and damage to devices.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0800 Inspection, Removal, and Correction

Subpart 1. Inspection.

Annual inspections of securement devices must be performed in accordance with Minnesota Statutes, section 299A.14.

Subp. 2. Removal, correction.

The commissioner shall order the removal or correction of a securement device upon determining that the device, without regard to date of installation:

A. is not capable of sustaining loads imposed on it in restraining an occupied wheelchair;

B. permits excessive movement of an occupied wheelchair; or

C. does not meet the requirements of parts 7450.0100 to 7450.0800.

History

• Statutory Authority: MS s 299A.01; 299A.12; 299A.18
• History: 16 SR 2246

Minn. R. 7450.0900 [Repealed, 16 SR 2246]

[Repealed, 16 SR 2246]

Chapter 7455 PILOT VEHICLE ESCORT FOR OVERDIMENSIONAL LOAD

Minn. R. 7455.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Certified licensed peace officer.

"Certified licensed peace officer" means a law enforcement officer licensed under Minnesota Statutes, sections 626.84 to 626.863, who holds a certificate under Minnesota Statutes, section 299D.085, and may operate an authorized emergency vehicle and direct and control traffic and require traffic to yield to an overdimensional load.

Subp. 3. Certified pilot/escort driver (CPED).

"Certified pilot/escort driver (CPED)" means an individual who holds a certificate under Minnesota Statutes, section 299D.085, authorized to control and direct traffic as a flagger during the movement of an overdimensional load following the Manual on Uniform Traffic Control Devices (MUTCD) standards as defined by the Federal Highway Administration (FHWA) and Minnesota Statutes, section 169.06, subdivision 4.

Subp. 4. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Public Safety.

Subp. 5. Department.

"Department" means the Minnesota Department of Public Safety.

Subp. 6. Flagger.

"Flagger" means a person who actively controls the flow of vehicular traffic into, through, or into and through a temporary traffic control zone using hand-signaling devices or an automated flagger assistance device (AFAD).

Subp. 7. Minnesota Department of Transportation's Minnesota Flagging Handbook.

"Minnesota Department of Transportation's Minnesota Flagging Handbook" means the Minnesota Department of Transportation's Minnesota Flagging Handbook which is part of the Minnesota Manual on Uniform Traffic Control Devices, authored and published by the Minnesota Department of Transportation, February 2011, and is incorporated by reference. This handbook is reviewed and updated every four years or when a change is made to the Federal Manual on Uniform Traffic Control Devices, or changes in statutes and is available to the public for viewing and free downloading at http://www.dot.state.mn.us/trafficeng/publ/mutcd/index.html.

Subp. 8. MUTCD.

"MUTCD" means the Manual on Uniform Traffic Control Devices, authored and published by the Federal Highway Administration, December 2009, and is incorporated by reference. This MUTCD is updated approximately every five to six years and is available to the public for viewing and free downloading at http://mutcd.fhwa.dot.gov/kno_2009r1r2.htm.

Subp. 9. Overdimensional load.

"Overdimensional load" has the meaning given in Minnesota Statutes, section 299D.085, subdivision 1.

Subp. 10. Pilot/Escort Training Manual - Best Practices Guidelines.

"Pilot/Escort Training Manual - Best Practices Guidelines" means the Pilot/Escort Training Manual - Best Practices Guidelines as endorsed by the Specialized Carriers and Rigging Association (SC&RA), Federal Highway Administration (FHWA), in cooperation with the Commercial Vehicle Safety Alliance (CVSA), authored and published cooperatively by the SC&RA, FHWA, and CVSA, October 2004, and is incorporated by reference. This manual is subject to change and is available to the public for viewing and free downloading at http://www.ops.fhwa.dot.gov/freight/documents/pilotcar_bpguideline/index.htm.

Subp. 11. Section.

"Section" means the Commercial Vehicle Enforcement Section of the Minnesota State Patrol.

Subp. 12. Tillerman/steerman.

"Tillerman/steerman" means a person that has the designated responsibility and duty of controlling the steering of the rear axles of a commercial vehicle using a wired or wireless remote control device while the commercial vehicle is operating on any public highway.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.0200 Overdimensional Load Escort Requirement

When escort services are required by law in the movement of an overdimensional load, the services may only be provided by:

A. a certified licensed peace officer; or

B. a certified pilot/escort driver.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.0300 Pilot/Escort Driver Certification Process

Subpart 1. Certification course.

A. Drivers domiciled in Minnesota shall complete a pilot/escort certification course accepted, approved, or authorized by the department. Upon a driver's successful completion of a training program authorized by the commissioner, the training program must issue the driver proof of course completion. The commissioner shall issue a certification card to drivers who demonstrate that they are at least 18 years of age, possess a valid operator's license for the type of vehicle being operated, have successfully completed a training program authorized by the commissioner, and meet all additional requirements in this chapter. The cost of the initial certification course shall be set at $180. The cost of one additional four-year certification shall be set at $90.

B. The Department of Public Safety partnering with Minnesota State Colleges and Universities (MnSCU) shall develop training curriculum and utilize experienced instructors within the department and MnSCU to provide the training through MnSCU facilities.

C. The civilian course curriculum shall include, at a minimum, the following:

D. The law enforcement course curriculum shall include, at a minimum, the following:

Subp. 2. Certification period.

Initial certification is valid for four years from the date of issue. One additional four-year certification may be obtained through a mail-in or online recertification process provided by a Minnesota-authorized training program. Pilot/escort drivers must attend a full certification course every eight years.

Subp. 3. Certification reciprocity.

Pilot/escort drivers domiciled outside of Minnesota may operate as a certified pilot/escort driver with another state's certification credential, provided the course meets the minimum requirements outlined in the Pilot/Escort Training Manual - Best Practices Guidelines as endorsed by the Specialized Carriers and Rigging Association, Federal Highway Administration, in cooperation with the Commercial Vehicle Safety Alliance, which is incorporated by reference.

The department shall enter into a reciprocal agreement with any other state if that state demonstrates that its course meets the minimum requirements outlined in the Pilot/Escort Training Manual - Best Practices Guidelines referenced in this subpart and complies with the requirements in this chapter.

Subp. 4. Driver's license requirements.

Pilot/escort drivers shall provide a certified and current (within 30 days) driver's license record to the Minnesota-authorized training program at the time of the course.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.0400 Suspension, Revocation, and Denial of Certification

Conviction of one of the following traffic violations during the movement of an overdimensional load within the past four years shall constitute grounds for denial of certification or disciplinary action against a certification: driving under the influence of alcohol or controlled substances, reckless driving, careless driving, excessive speeding (15 miles per hour or more above the posted speed limit), driving left of roadway center, failing to obey a traffic control device, or a driving violation that resulted in bodily injury.

The certification shall be suspended for up to one year following the first conviction, depending upon the seriousness of the underlying conduct. Subsequent convictions shall constitute grounds for revocation of certification.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.0500 Appeals Process

When a driver's certification is denied, suspended, or revoked, the department shall notify the individual of the right to appeal the department's determination under the procedures of the Administrative Procedure Act, Minnesota Statutes, chapter 14. The notice of appeal shall be in writing and shall be filed with the section commander, Minnesota State Patrol Commercial Vehicle Section, 1110 Centre Pointe Curve, Suite 410, Mendota Heights, Minnesota, 55120, within 30 days of the individual's receipt of the department's determination. The section commander shall thereafter initiate a contested case proceeding following the procedures of the Administrative Procedure Act, Minnesota Statutes, chapter 14.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.0600 Driver Requirements

Certified pilot/escort drivers and certified licensed peace officers operating a pilot or escort vehicle must meet the following requirements:

A. be a minimum of 18 years of age;

B. possess a valid operator's license for the type of vehicle being operated;

C. have the issued certification card in the driver's possession at all times while in pilot/escort operations;

D. when operating a vehicle in excess of 10,000 pounds gross vehicle weight or gross vehicle weight rating, comply with the regulations of the Federal Motor Carrier Safety Administration (FMCSA) in Code of Federal Regulations, title 49, parts 382, 383, 390, 391, 392, 393, 394, 395, 396, and 397; and

E. if operating as a front or rear pilot car driver, shall not perform as a tillerman/steerman for the load being escorted. A tillerman/steerman shall not be in the pilot/escort vehicle when a steering activity is being performed.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.0700 Vehicle Requirements

A. Vehicles must be in sound and safe operating condition.

B. Vehicles must be properly licensed and registered based on state of registration.

C. Vehicles must be a passenger automobile, light duty van, or a two-axle pickup or a two-axle single unit truck.

D. The minimum wheel base of the vehicle must be 100 inches.

E. Vehicles must not carry loads of cargo that reduce the visibility of the driver of the vehicle.

F. Trailers must not be towed during the movement of the overdimensional load unless:

G. A vehicle must not contain a passenger under 16 years of age during the movement of the overdimensional load.

H. A vehicle must contain a two-way simplex communication device with a transmission and receiving range of a minimum of one-half mile. This communication device must be compatible with accompanying pilot/escort vehicles, overdimensional load drivers, law enforcement officers if involved, and utility company vehicles if involved.

I. Vehicles must have identification showing a company name, a federal Department of Transportation (USDOT) identification, or a city, state, and contact number, which must be legible from a distance of 50 feet.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.0800 Pilot/Escort Vehicle Signing Requirements

Sign requirements on pilot/escort vehicles are as follows:

A. A pilot/escort vehicle must display an "OVERSIZE LOAD" sign mounted on the top of the vehicle. This sign must be displayed so that it is visible to both overtaking and oncoming traffic at all times during the pilot/escort operation. The sign must be clearly readable and legible at all times of operation. Bumper-mounted signs only are prohibited on the pilot/escort vehicle.

B. The sign must be a rigid mount and (1) be a minimum of five feet in width, (2) have ten inches of vertical visible surface space, and (3) display black letters that are eight inches in height and have a one-inch brush stroke on a solid yellow surface. Solid is defined as when being viewed from the front or rear at a 90-degree angle to the sign, no light can transmit through the solid surface.

C. Red/orange 18-inch flags must be mounted in line with the "Oversize Load" sign and mounted at approximately a 45-degree angle toward the sides of the pilot/escort vehicle.

D. Signs and flags must be removed or covered when pilot/escorts are not providing services.

E. If a route survey is being performed by the pilot/escort, the "Oversize Load" sign must be removed or covered. Route surveys may not be performed while escorting an overdimensional load.

F. A sign, light, or flag may not extend more than six inches beyond the widest part of the body of the pilot/escort vehicle.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.0900 Pilot/Escort Vehicle Lighting Requirements

A. The pilot/escort vehicle, in addition to any other equipment required by the traffic laws, must be equipped with at least one flashing yellow or amber light. These lights must be mounted on the top of the pilot/escort vehicle and visible for 360 degrees for all traffic. Two types of approved lighting are described as follows:

B. Incandescent, strobe, or diode (LED) lights may be used if they meet the criteria in item A.

C. A light is defined as a single housing.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.1000 Vehicle Safety Equipment Requirements

Vehicles used in escort operations must be equipped with the following safety items:

A. for vehicles operated by certified pilot/escort drivers (CPED):

B. for vehicles operated by certified licensed peace officers:

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.1100 Insurance Requirements

Subpart 1. Coverage for bodily injury and property damage.

A driver must possess a current certificate of insurance or endorsement that indicates that the driver, or the driver's employer, has in full force and effect insurance coverage for bodily injury and property damage resulting from the operation of the pilot/escort vehicle, an act or omission by the operator of the pilot/escort vehicle, or both. The insurance or endorsement must be no less than $1,000,000 combined single limit or $1,000,000 per occurrence of commercial liability coverage, as applicable, and must be maintained at all times during the term of the certification. The insurance certificate must indicate on the face of the document that the policy is for the operation of pilot/escort vehicles and for pilot/escort duties and responsibilities as required by this chapter.

Subp. 2. Liability coverage.

Pilot/escort vehicles must have a minimum amount of $1,000,000 liability insurance. This is not a cumulative amount.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.1200 Certified Driver Duties

A. A vehicle used in escort operations by certified licensed peace officers and certified pilot/escort drivers is prohibited from escorting more than one overdimensional vehicle or load at the same time, unless expressly authorized by the commissioner.

B. When vehicles used in escort operations are in front of the overdimensional vehicle or load being escorted, the operator shall:

C. When vehicles used in escort operations are behind the overdimensional vehicle or load, the pilot/escort driver shall:

D. Traffic lights procedure.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.1300 Pretrip Coordination Meeting

Subpart 1. Meeting requirements generally.

A pretrip planning and coordination meeting must be conducted as follows:

A. The meeting must be held before load movement. The meeting may be held at the roadside when the required parties come together to organize the trip.

B. The required parties include the drivers carrying or pulling the oversize loads, the pilot escort vehicle drivers, law enforcement officers (if assigned), department personnel (if involved), and public utilities company representatives (if involved).

C. This meeting must include discussion and coordination on the conduct of the move.

D. The permittee or a designated representative shall conduct the meeting.

Subp. 2. Meeting requirements for drivers.

In addition, the operator of the overdimensional vehicle or load and the pilot/escort driver shall comply with the following procedures:

A. Pilot/escort drivers shall ensure that all copies of permit and routing documentation are distributed to all appropriate individuals involved with the permitted load movement.

B. The meeting must also:

C. The pilot/escort driver shall provide proof of a valid pilot/escort driver certification and proof of insurance.

D. Drivers and operators shall also:

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Minn. R. 7455.1400 Pilot/Escort Flagging Requirements

During the movement of an overdimensional load, the pilot/escort driver, in the performance of the flagging duties required by this chapter, may control and direct traffic to stop, slow, or proceed in any situation when deemed necessary to protect the motoring public from the hazards associated with the movement of the overdimensional load. The pilot/escort driver, acting as a flagger, may aid the overdimensional load in the safe movement along the highway designated on the overdimensional load permit and shall:

A. assume the proper flagger position outside the pilot/escort vehicle and, as a minimum standard, have in use the necessary safety equipment as defined in section 6E.1 of the MUTCD;

B. use "STOP" or "SLOW" paddles or a 24-inch red/orange square flag to indicate emergency situations, and other equipment as described in section 6E.1 of the MUTCD; and

C. comply with the flagging procedures and requirements in the MUTCD and the Minnesota Department of Transportation's Minnesota Flagging Handbook.

History

• Statutory Authority: MS s 299D.085
• History: 37 SR 992

Chapter 7460 MOTORCYCLE HELMETS; SNOWMOBILES ON ROADS

Minn. R. 7460.0200 Purpose and Authority

The purpose of parts 7460.0200 to 7460.0400 is to establish minimum standards for design and construction of protective headgear to be worn by operators and passengers of motorcycles as required by Minnesota Statutes, section 169.974, subdivisions 2, paragraph (d), and 4.

History

• Statutory Authority: MS s 169.974

Minn. R. 7460.0300 Minimum Standards for Design and Construction

Protective headgear required to be worn by operators or passengers of motorcycles shall be designed and constructed so as to equal or exceed the specifications contained in Standard No. 218 of the Federal Motor Vehicle Safety Standards as published in Code of Federal Regulations 1980, title 49, section 571.218. Protective headgear meeting this standard is deemed approved by the commissioner of public safety.

History

• Statutory Authority: MS s 169.974

Minn. R. 7460.0400 Markings and Identification

Subpart 1. Markings required.

The manufacturer shall mark helmets with the standard to which the helmet has been tested, the trade mark or manufacturer's name or initials, and the model designation.

Subp. 2. Marking methods.

The manufacturer shall mark the helmet shell or a permanently attached part of the helmet by permanent molding, stamping, branding, engraving, or etching.

History

• Statutory Authority: MS s 169.974

Minn. R. 7460.5100 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 7460.5100 and 7460.5200 is to carry out the mandate of the legislature and to effectuate that mandate as set forth in Minnesota Statutes, sections 84.81 to 84.89, with reference to the operation of snowmobiles upon the streets and highways of the state of Minnesota.

Subp. 2. Scope.

The scope of parts 7460.5100 and 7460.5200 is intended to be confined within the framework of and consistent with Minnesota Statutes, sections 84.81 to 84.89.

History

• Statutory Authority: MS s 84.86

Minn. R. 7460.5200 Method of Operation

Any snowmobile operated within the right-of-way limits of a street or highway:

A. shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle under any conditions of operation;

B. shall, when operated adjacent to a roadway during hours of darkness, be operated only in the direction of travel required of vehicles upon the traffic lane nearest to the snowmobile;

C. shall be equipped with at least one headlamp so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions; such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming driver; and

D. shall be equipped with at least one rear lamp exhibiting a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.

History

• Statutory Authority: MS s 84.86

Chapter 7470 SCHOOL BUS INSPECTION

Minn. R. 7470.0100 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the following terms shall have the meanings given them.

Subp. 2. Certificate.

"Certificate" means a school bus inspection certificate required by the provisions of Minnesota Statutes, section 169.451, subdivision 2.

Subp. 3. Rejection sticker.

"Rejection sticker" means a sticker signifying the vehicle to which it is affixed is not to be used for school bus purposes. The size of the rejection sticker may not be larger than the inspection certificate.

Subp. 4. State patrol.

"State patrol" means the Minnesota state patrol, or an individual state trooper thereof or a state patrol law compliance representative II (LCR II) employed pursuant to Minnesota Statutes, section 299D.06.

Subp. 5. Temporary certificate.

"Temporary certificate" means a distinctive certificate indicating a school bus was found to have deficiencies of a nature not substantially affecting safety of operation.

History

• Statutory Authority: MS s 169.451

Minn. R. 7470.0200 Purpose and Authority

The purpose of this chapter is to establish rules governing the issuance and display of school bus inspection certificates, consistent with the provisions of Minnesota Statutes, section 169.451, and to establish a point system to evaluate the effect on safety operation of any variance from law detected during school bus inspection, consistent with the mandate of the legislature.

History

• Statutory Authority: MS s 169.451

Minn. R. 7470.0300 [Repealed, L 2021 1Sp5 art 4 s 151]

[Repealed, L 2021 1Sp5 art 4 s 151]

Minn. R. 7470.0400 [Repealed, L 2021 1Sp5 art 4 s 151]

[Repealed, L 2021 1Sp5 art 4 s 151]

Minn. R. 7470.0500 [Repealed, L 2021 1Sp5 art 4 s 151]

[Repealed, L 2021 1Sp5 art 4 s 151]

Minn. R. 7470.0600 [Repealed, L 2021 1Sp5 art 4 s 151]

[Repealed, L 2021 1Sp5 art 4 s 151]

Minn. R. 7470.0700 [Repealed, L 2021 1Sp5 art 4 s 151]

[Repealed, L 2021 1Sp5 art 4 s 151]

Minn. R. 7470.1000 Operation of Type A, B, C, D, and Multifunctional School Activity Buses

Subpart 1. Application.

Parts 7470.1000 to 7470.1700 govern the operation of Type A, B, C, D, and multifunctional school activity buses used for transporting pupils to or from school or school-related activities when the buses are owned and operated by a school district or nonpublic school, or privately owned and operated under a contract or agreement with a school district or nonpublic school.

Subp. 2. Transportation of pupils.

Pupils are not to be evicted from the bus along the route for a breach of discipline. All breaches of discipline must be reported by the bus driver to the authorized person.

The entrance door must be closed at all times when transporting pupils and the bus is in motion.

All buses must load and unload in the right lane of the roadway, at pupil stops on bus routes approved by the authorized person. Loading or unloading in a designated turn lane or in a lane immediately adjacent to a designated right-hand turn lane is prohibited unless the turn lane is a designated school bus stop at which pupils are not required to cross the road. Under these circumstances, the bus must stop at the extreme right-hand side of the turn lane and the eight-light system and stop arm should not be used. Loading and unloading pupils within an intersection is prohibited.

No pupils may be in the bus while the fuel tank is being filled. On leaving the vehicle when pupils are in the bus, the driver shall stop the motor, remove the ignition key, set the brakes, and otherwise render the bus immobile.

The authorized person shall see that no materials, including guns, loaded or unloaded; gasoline cans, empty or full; animals, except companion animals accompanying persons with disabilities; or any other object of a dangerous or objectionable nature are transported in the school bus when pupils are being transported.

Subp. 3. Driving on school grounds.

Buses must not be run backwards on the school grounds or at any other point if it can be avoided. If necessary to run a bus backwards, the driver should have adequate visibility to determine if any moving vehicles are within 500 feet in either direction, when on roadways. When there is a pupil pick-up or unloading at a backing point, the driver shall always load before backing and unload after backing. No pupils may be outside the bus when it is backing.

Subp. 4. In case of accidents.

In case of an accident or breakdown of the bus the driver shall not leave the bus, but shall send two of the patrol or other responsible pupils to the nearest house to summon help.

Immediate reports of all accidents, however slight, involving the school bus must be made by the driver to the authorized person and to any other authorities as required by law, rule, or regulation. The driver shall prepare and keep all records and reports required by the authorized person.

History

• Statutory Authority: MS s 169.449
• History: 20 SR 722; 32 SR 1983

Minn. R. 7470.1100 Driver of Type A, B, C, D, or Multifunctional School Activity Bus

The driver of a type A, B, C, D, or multifunctional school activity bus shall:

A. bring the bus to a full stop and disengage gears by shifting into neutral or park before loading and unloading pupils;

B. use the prewarning amber flashing signals, flashing red signals, and stop signal arm, if equipped, in accordance with Minnesota Statutes, section 169.443;

C. maintain at least a 50-foot interval when following another bus entering or leaving the school ground, and at least 500 feet when traveling on the highway, in accordance with Minnesota Statutes, section 169.18, subdivision 8, paragraph (b);

D. load or unload pupils only where the view is unobstructed to the motorist for 500 feet in either direction on a roadway with a speed limit of 35 miles per hour or greater and where the view is unobstructed for at least 100 feet where the speed limit is less than 35 miles per hour;

E. be responsible for safely delivering the pupils who must cross the highway to the left side of the road by one of the following methods: the pupil shall pass around in front of the vehicle and cross the road only upon receiving word or signal from the driver; or the pupil shall pass around in front of the bus and be conducted across the road by the school bus patrol or the bus monitor; or the driver shall personally conduct the pupils across the road; and

F. stop at all railroad crossings whether carrying passengers or not in accordance with Minnesota Statutes, section 169.28. The driver shall activate the four-way hazard warning lights not less than 100 feet from the nearest rail, and stop not less than ten feet from the nearest rail. While so stopped, the driver shall open the driver's window and service door to look and listen in both directions along the track for any approaching train. Eight-lamp prewarning alternately flashing amber signals and flashing red stop signals must not be used at railroad crossings. Hazard warning signals should be used.

History

• Statutory Authority: MS s 169.449
• History: 20 SR 722; 32 SR 1983

Minn. R. 7470.1200 Flagging at Railroad Grade Crossings

A school bus must not be flagged across railroad grade crossings except at such railroad grade crossings as the local school authorized person may designate.

Flagging must be done in the following manner.

The pupil or bus monitor shall take a position so as to have a clear view of the railroad tracks in both directions. If a train is approaching, the pupil or monitor shall not cross the track but shall face the bus and signal the bus not to proceed by holding up both hands above the head. On making certain that the track is clear and safe for crossing, the pupil or monitor shall signal the driver to cross the tracks by a forward motion of an upraised arm. The driver must be sure to check for approaching trains and be certain it is safe to cross before driving the bus across the tracks. The pupil or monitor shall not reenter the bus until the bus has crossed the tracks to a safe distance.

History

• Statutory Authority: MS s 169.449
• History: 20 SR 722

Minn. R. 7470.1300 Equipment, Inspection and Use

No school bus shall be driven unless the driver or other designated person has inspected the vehicle to ensure that, at a minimum, the following parts and accessories are in good working order: service brakes, including trailer brake connections; parking (hand) brakes; steering mechanism; lighting devices and reflectors; tires; fluid levels; horn; windshield wiper or wipers; rear-vision and crossover mirrors, including their proper adjustment; eight-lamp system; and stop arm. A copy of the current daily pretrip inspection report must be carried in the bus.

History

• Statutory Authority: MS s 169.449
• History: 20 SR 722

Minn. R. 7470.1400 Operation of Type Iii Vehicles

The operating rules in parts 7470.1000 to 7470.1500 govern the operation of Type III vehicles used for transporting pupils when leased, rented, or owned and operated by a school district or nonpublic school, or privately leased, rented, or owned and operated under an agreement with a school district or nonpublic school. Type III vehicles are restricted to automobiles, station wagons, and other vehicles having a manufacturer's rated seating capacity of ten or fewer people including the driver, and a gross vehicle weight rating of 10,000 pounds or less.

History

• Statutory Authority: MS s 169.449
• History: 20 SR 722; 32 SR 1983; L 2008 c 350 art 1 s 96

Minn. R. 7470.1500 Driver of Type Iii Vehicles

The driver of a Type III vehicle shall not:

A. operate the vehicle as a Type A, B, C, or D school bus;

B. stop traffic;

C. load or unload in a vehicular traffic lane or on the shoulder, but is restricted to curb, nontraffic side (normal parking lane), off-street loading areas, driveways, yard service, and other areas to avoid any hazardous conditions;

D. load or unload in the right-hand lane of the roadway, designated turn lane, or lane immediately adjacent to a designated right-hand turn lane;

E. load or unload so that a pupil has to cross the road, except where not possible or impractical, then the driver or aide shall personally escort the pupil across the road;

F. escort a pupil across the road under item E unless the motor is stopped, the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered immobile; or

G. load or unload before making a complete stop and disengaging gears by shifting into neutral or park.

History

• Statutory Authority: MS s 169.449
• History: 20 SR 722; 32 SR 1983; L 2008 c 350 art 1 s 96

Minn. R. 7470.1600 Transporting Pupils with Disability

Subpart 1. Services provided.

Minnesota Statutes, sections 125A.03 to 125A.24, requires school districts to provide special education and services for a school age resident with a disability. Accordingly, free transportation services must be provided to any child with a disability who requires special transportation services because of the child's disabling conditions or special program needs.

Parts 7470.1600 and 7470.1700 apply to transportation of a child with a disability, as defined in Minnesota Statutes, section 125A.02, when the disabling conditions of the child are such that the child cannot be safely transported on the regular school bus route or when the child is transported on a special route for the purpose of attending an approved special education program.

Parts 7470.1600 and 7470.1700 are not applicable to parents who transport their own child under contract with a school district or nonpublic school.

Subp. 2. Appeal process.

Any parent of a child with a disability who believes that the transportation services provided for that child are not in compliance with parts 7470.1600 and 7470.1700 may utilize the due process procedures provided for in Minnesota Statutes, sections 125A.03 to 125A.24.

Subp. 3. Length of transit time.

The length of time a pupil with a disability is transported must be appropriate to the physical, mental, and emotional well-being of the pupil. In general, a pupil with a disability should not spend more time in transit than a pupil without a disability except as may be required because of the unique location of the pupil's educational program.

Subp. 4. Type of vehicle.

The school district shall determine the type of vehicle used to transport pupils with a disability on the basis of the disabling conditions of those pupils. These vehicles must comply with Minnesota Statutes, section 169.4504.

Subp. 5. Additional assistance; determination.

Vehicles used to transport pupils with a disability must be equipped with a two-way communications system or have a responsible aide, or both, to provide necessary assistance and supervision that cannot safely be provided by the driver. A school district may determine that an aide is required. The determination of whether an aide is required must reflect the needs of the pupils and be based on such factors as disabilities of pupils transported, distance traveled, density of population, terrain, and any other factors that may affect the safety of the pupil passengers. Exceptions to this subpart may be made upon mutual agreement between the parents and the school district.

Subp. 6. Special equipment.

Specially adapted seats, support, or protective devices must be provided for all pupils who require the devices to ensure their safe transportation. These devices must be selected by the school district in consultation with the pupil's parents and on the basis of the specific needs of the individual pupil with a disability.

Subp. 7. Wheelchair securement.

A school bus used to transport pupils in wheelchairs must be equipped with fastening devices that will hold the wheelchairs securely in a fixed position.

History

• Statutory Authority: MS s 169.449
• History: 20 SR 722; L 1998 c 397 art 11 s 3

Minn. R. 7470.1700 Drivers and Aides for Pupils with Disability

Subpart 1. Drivers generally.

Each driver of a vehicle for pupils with a disability shall be carefully selected to assure the driver can perform the requirements of the job. Drivers must be assigned to each route on a regular basis whenever possible.

Subp. 2. Information necessary.

Each driver and aide assigned to a vehicle transporting pupils with a disability shall have available to them the following information in hard copy or immediately accessible through a two-way communication system:

A. the pupil's name and address;

B. the nature of the pupil's disabilities;

C. emergency health care information; and

D. the names and telephone numbers of the pupil's physician, parents, guardians, or custodians, and some person other than the pupil's parents or custodians who can be contacted in case of an emergency.

Subp. 3. Training.

Each driver and aide assigned to a vehicle transporting pupils with a disability must:

A. be instructed in basic first aid and procedures for the pupils under their care;

B. within one month after the effective date of assignment, participate in a program of in-service training on the proper methods for dealing with the specific needs and problems of pupils with disabilities;

C. assist pupils with disabilities on and off the bus when necessary for their safe ingress and egress from the bus; and

D. ensure that protective safety devices, as required in part 7470.1600, subpart 6, are in use and fastened properly.

History

• Statutory Authority: MS s 169.449
• History: 20 SR 722; 32 SR 1983

Chapter 7500 EXPLOSIVES, BLASTING AGENTS, FIREARMS

Minn. R. 7500.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Approved.

"Approved" means approved by the commissioner or an authorized assistant of the commissioner.

Subp. 3. Blasting agent.

"Blasting agent" means a material or mixture: that consists of a fuel and oxidizer; that is intended for blasting but is not otherwise defined as an explosive; and that, as a finished product mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap, as defined in subpart 9a, when unconfined.

Subp. 3a. Commissioner.

"Commissioner" means the commissioner of the Department of Public Safety or designee of the commissioner.

Subp. 4. Department of Transportation.

"Department of Transportation" means the United States Department of Transportation.

Subp. 4a. Detonator.

"Detonator" means a device containing a detonating charge that is used for initiating detonation in an explosive. The term includes electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps.

Subp. 5. Explosive-actuated device.

"Explosive-actuated device" means a tool or special mechanized device that is actuated by explosives. Examples of explosive-actuated power devices are jet tappers and jet perforators. This term does not include propellant-actuated power devices.

Subp. 6. Explosives.

"Explosives" means a chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term includes dynamite and other high explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters.

For purposes of this subpart, there are three classes of explosive materials. These classes, together with the description of explosive materials comprising each class, are as follows:

A. High explosives are explosive materials that can be caused to detonate by means of a blasting cap when unconfined; for example, dynamite.

B. Low explosives are explosive materials that can be caused to deflagrate when confined, for example: black powder, safety fuses, igniters, igniter cord, fuse lighters, and special fireworks defined as class B explosives by United States Department of Transportation regulations in Code of Federal Regulations, title 49, part 173.

C. Blasting agents include, for example, ammonium nitrate-fuel oil and certain water gels.

Subp. 7. Highway.

"Highway" means a public street, public alley, or public road.

Subp. 8. Inhabited building.

"Inhabited building" means a building or structure regularly used in whole or part as a place of human habitation. The term "inhabited building" also means a church, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble, but does not mean a building or structure occupied in connection with the manufacture, storage, and use of explosives.

Subp. 8a. License.

"License" refers to a license application approved and issued by the Department of Public Safety, Bureau of Criminal Apprehension.

Subp. 9. Magazine.

"Magazine" means any building or structure, other than an explosives manufacturing building, approved for the storage of explosives.

Subp. 9a. Number 8 test blasting cap.

A "number 8 test blasting cap" means a cap containing two grams of a mixture of 80 percent mercury fulminate and 20 percent potassium chlorate, or a cap of equivalent strength.

Subp. 9b. Passenger vehicle.

"Passenger vehicle" means a motor vehicle designed and used to carry not more than ten persons and includes a passenger automobile, station wagon, pickup truck, and van as they are defined in Minnesota Statutes, section 168.002.

Subp. 9c. Permit.

"Permit" refers to an application for a user permit, approved and issued by sheriffs or chiefs of police of cities of the first, second, or third class, as defined in Minnesota Statutes, section 410.01, or other person designated by the commissioner.

Subp. 10. Person.

"Person" means an individual, firm, copartnership, corporation, company, association, or joint stock association, and includes a trustee, receiver, assignee, or personal representative of that individual or entity.

Subp. 11. Propellant-actuated device.

"Propellant-actuated device" means a tool or special mechanized device or gas generator system that is actuated by a smokeless propellant or that releases and directs work through a smokeless propellant charge.

Subp. 12.

[Repealed, 11 SR 6]

Subp. 13. Pyrotechnics.

"Pyrotechnics" means a combustible or explosive composition or manufactured article designed and prepared to produce audible or visible effects and commonly referred to as fireworks.

Subp. 14. Railway.

"Railway" means any steam, electric, diesel, or other railroad or railway which carries passengers for hire on the particular line or branch in the vicinity where explosives are stored or where explosives manufacturing buildings are situated.

Subp. 15.

[Repealed, 11 SR 6]

Subp. 16. Small arms ammunition.

"Small arms ammunition" means a shotgun, rifle, pistol, or revolver cartridge; or cartridge for propellant-actuated power devices and industrial guns. This term does not include military-type ammunition containing explosive bursting charges and spotting or pyrotechnic projectiles.

Subp. 17. Small arms ammunition primers.

"Small arms ammunition primers" means small percussion-sensitive explosive charges, encased in a cup, used to ignite propellant powder.

Subp. 18. Smokeless propellant.

"Smokeless propellant" means a solid propellant, called a smokeless powder in the trade, used in small arms ammunition, cannons, rockets, propellant-actuated power devices, or other devices.

Subp. 19. Special industrial explosive.

"Special industrial explosive" means an explosive-actuated power device or a propellant-actuated power device consisting of shaped materials and sheet forms and various other extrusions, pellets, and packages of high explosives including dynamite, trinitrotoluene (TNT), pentaerythritoltertranitrate (PETN), cyclotrimethylene-trinitramine (RDX), and other similar compounds used for high-energy-rate forming, expanding, and shaping in metal fabrication, and for dismemberment and quick reduction of scrap metal.

Subp. 20.

[Repealed, 11 SR 6]

Subp. 21.

[Repealed, 11 SR 6]

Subp. 21a. Table of distances for storage of explosive materials.

"Table of distances for storage of explosive materials" means the table provided in Code of Federal Regulations, title 27, section 55.218 (April 1, 1985).

Subp. 21b. Table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents.

"Table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents" means the table provided in Code of Federal Regulations, title 27, section 55.220 (April 1, 1985).

Subp. 22. Vehicle.

"Vehicle" means any self-propelled motor vehicle, truck, tractor, semitrailer, or truck-full trailer used for the transportation of freight over public highways.

Subp. 23. Water gels or slurries.

"Water gels or slurries" are explosive materials that contain substantial portions of water, oxidizers, sensitizers, fuels, thickeners, gelling agents, or cross-linking agents. They may be premixed at a manufacturing plant or mixed at the site immediately before delivery into the borehole. Sensitivity and classification are covered under part 7500.3100.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.0200 Purpose

The purpose of this chapter is to adopt safety standards for the manufacture, storage, and use of explosives and blasting agents, consistent with Minnesota Statutes, sections 299F.71 to 299F.83.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.0300 Scope

Subpart 1. In general.

This chapter applies to the manufacture, retention, possession, storage, sale, and use of explosives, blasting agents, and pyrotechnics.

Subp. 2. Municipal supervision.

This chapter also applies to municipal supervision of compliance with federal regulations.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.0400 Scope; Exemptions

Subpart 1. Materials transported.

This chapter does not apply to the transportation of explosives or blasting agents governed by Code of Federal Regulations, title 49, parts 100 to 199 (1983), or otherwise under the jurisdiction of the Department of Transportation, United States Coast Guard, Federal Aviation Agency, or Board of Transport Commissioners for Canada.

Subp. 2. Military explosives.

This chapter does not apply to the shipment, transportation, and handling of military explosives by the armed forces of the United States, state militia, or the armed forces of Canada.

Subp. 3. Other federal and Canadian agencies.

This chapter does not apply to the transportation and use of explosives or blasting agents in the normal and emergency operation of federal agencies such as the Bureau of Mines, the Federal Bureau of Investigation, the Secret Service, and equivalent Canadian governmental agencies.

Subp. 3a. Bomb technicians.

This chapter does not apply to recognized bomb technicians acting in an official capacity under emergency conditions.

Subp. 4. Fireworks.

This chapter does not apply to the sale, use, or public display of pyrotechnics commonly known as fireworks.

Subp. 5. Requests for exemptions.

The commissioner may grant an exemption from this chapter upon written request. The request must show that enforcement of a part of this chapter will cause unnecessary hardship to the petitioner. The commissioner shall not grant the request if the requested modification of a part of this chapter will constitute a distinct hazard to life or adjoining property.

The request must be in duplicate and must state the full particulars of the exemption requested. When the requested exemption is approved, one copy of the approval will be returned to the petitioner and one copy will be retained by the commissioner.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.0500 Authority of Commissioner

Subpart 1. Site and records inspections.

After acquiring necessary security clearance and during normal business hours, the commissioner may inspect storage sites and use sites for explosives regulated by and the records of explosives dealers required by this chapter. The purpose of an inspection is to determine whether the sites and records conform to this chapter. In addition, the commissioner or any authorized law enforcement official may conduct an inspection at any time in connection with the investigation of a crime.

Subp. 2. Restricting quantity of explosives.

The commissioner may restrict the quantity of explosives or blasting agents that may be handled at a location in a city, county, state, or other area.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.0550 Explosives Dealer License

Subpart 1. Application.

An applicant for an explosives dealer license shall apply to the commissioner according to Minnesota Statutes, section 299F.73. The commissioner shall refuse to process an incomplete application.

One copy of the approved application will be returned to the applicant and will constitute a license to manufacture, assemble, warehouse, or store explosives.

A license is valid for one year from the date of approval.

Subp. 2. License renewal.

One month before a license is due to expire the commissioner shall notify the licensee of the expiration date.

Subp. 3. License suspension or revocation.

The commissioner shall suspend or revoke a license if an applicant or a licensee:

A. violates the provisions of Minnesota Statutes, sections 299F.71 to 299F.83 pertaining to explosives;

B. violates the provisions of this chapter pertaining to explosives;

C. uses an explosive in the commission of a crime; or

D. makes a false statement on a license application form.

Subp. 4. Person prohibited from holding license.

If an applicant or licensee becomes a person prohibited from holding a license as defined in Minnesota Statutes, section 299F.77, that person shall notify the commissioner of this fact within 48 hours.

Subp. 5. Right to contest decision.

An applicant or licensee has the right to contest a decision made by the commissioner. These proceedings must be conducted according to the Administrative Procedure Act, Minnesota Statutes, sections 14.57 to 14.69.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.0560 Explosives User Permit

Subpart 1. Application.

An applicant for an explosives user permit shall apply to the local issuing authority as described in part 7500.0100, subpart 9d, in accordance with Minnesota Statutes, section 299F.75. The issuing authority may be located either where the applicant resides or where the applicant intends to use the explosives.

The applicant shall notify the chief of police or sheriff of the jurisdiction where the explosives will be used or stored if the permit was not issued in that jurisdiction.

Subp. 2. Duties of issuing authority.

If the applicant obtains a permit from an issuing authority of a jurisdiction other than where the explosives will be used or stored, the issuing authority:

A. before issuing the permit, shall confer with the authority where the explosives are to be used or stored;

B. shall forward a copy of the permit, as soon as it is issued, to the sheriff or chief of police of the jurisdiction where the explosives will be used or stored;

C. after approving an application, shall retain the yellow copy, file the green copy with the commissioner, and return to the applicant the white copy which becomes the permit; and

D. shall refuse to process an application that is not completed according to Minnesota Statutes, section 299F.75, subdivision 2.

Subp. 3. Permit suspension or revocation.

The issuing authority shall suspend or revoke a permit if an applicant or permittee:

A. violates the provisions of Minnesota Statutes, sections 299F.71 to 299F.83 pertaining to explosives;

B. violates the provisions of this chapter pertaining to explosives;

C. uses an explosive in the commission of a crime; or

D. makes a false statement on the permit application form.

Subp. 4. Person prohibited from holding permit.

If an applicant or permittee becomes a person prohibited from holding a permit as defined in Minnesota Statutes, section 299F.77, that person shall notify the commissioner of this fact within 48 hours.

Subp. 5. Right to contest decision.

An applicant or permittee has the right to a hearing before the commissioner to contest a decision made by an issuing authority. These proceedings must be conducted according to the Administrative Procedure Act, Minnesota Statutes, sections 14.47 to 14.69.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.0600 Prohibitions Against Explosives Manufacturing

Subpart 1. Authorization required.

The manufacture of an explosive or explosive device, including small arms ammunition and blasting agents, is prohibited unless the manufacturer is licensed by the commissioner. This prohibition does not apply to hand loading of small arms ammunition prepared for personal use and not for resale.

Subp. 2. Undue hazard.

The manufacture of explosives or blasting agents is prohibited when the manufacture presents an undue hazard to life and property as determined by the commissioner.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.0700 Prohibitions; Exceptions

Subpart 1. Undue hazard.

A person shall not store or handle explosives or blasting agents when the storage or handling of explosives or blasting agents constitutes an undue hazard to life and property.

Subp. 2. In conflict with law or rules.

A person shall not possess, keep, store, sell or offer for sale, give away, use, or otherwise dispose of an explosive or blasting agent except as provided in this chapter or by law. This limitation does not apply to small arms ammunition and components, cartridges for propellant-actuated power devices, cartridges for industrial guns intended for personal use and not for resale, or railroad fusees.

Subp. 3. Transfer to unauthorized persons.

A person shall not sell or give away an explosive or blasting agent to an unauthorized person, as defined in Minnesota Statutes, section 299F.77.

Subp. 4. Public display.

A person shall not physically sell, display, or expose for sale an explosive or blasting agent on a highway, street, sidewalk, public way, or public place.

Subp. 5. Medicinal use permitted.

This chapter does not prohibit the use of explosives in the form prescribed by the United States Pharmacopeia National Formulary, issued by the United States Pharmacopeial Convention, Inc. (Rockville, Maryland, 1985).

Subp. 6. Laboratory use permitted.

Government and industrial laboratories, laboratories of technical colleges, colleges, universities, and similar institutions may keep, store, and use explosives or blasting agents:

A. if they are used for scientific or technical instruction or research;

B. only under experienced and competent supervision;

C. if no more than 15 pounds of explosives (exclusive of small arms ammunition, small arms ammunition primers, and smokeless propellants) or blasting agents are kept on hand at any time; and

D. if in compliance with Code of Federal Regulations, title 27, sections 55.203 to 55.217 (1982). When additional quantities of explosives or blasting agents are required, the institution shall apply for a special ruling by the commissioner.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6; L 1989 c 246 s 2

Minn. R. 7500.0800 Storage of Explosives in Magazines

Subpart 1. General requirement.

High explosives, low explosives, blasting agents, special industrial explosives, and newly developed and unclassified explosives must be kept in magazines that meet the requirements of this part.

Subp. 2. Detonators, primers, cartridges; separated storage.

Detonators, detonating primers, and primed cartridges must not be stored in the same magazine with other explosives.

Subp. 3. Magazines.

The ground around magazines must slope away for drainage. The land surrounding magazines must be kept clear of brush, dried grass, leaves, and other combustible materials for a distance of at least 25 feet.

Magazines must comply with Code of Federal Regulations, title 27, sections 55.203 to 55.217 (1982).

Subp. 4. Exceptions.

This part does not apply to:

A. stocks of small arms ammunition, propellant-actuated power cartridges, small arms ammunition primers in quantities of less than 1,000,000, and smokeless propellants in quantities of less than 750 pounds;

B. explosive-actuated power devices when in quantities of less than 50 pounds net weight of explosive;

C. fuse lighters and fuse igniters; or

D. safety fuses, not including detonating cords.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.0900 [Repealed, 11 SR 6]

[Repealed, 11 SR 6]

Minn. R. 7500.1000 [Repealed, 11 SR 6]

[Repealed, 11 SR 6]

Minn. R. 7500.1100 [Repealed, 11 SR 6]

[Repealed, 11 SR 6]

Minn. R. 7500.1200 Use of Explosives; Precautions

Subpart 1. Persons handling explosives.

Explosives may be handled only by a person experienced in the use of explosives or by an employee who is at least 18 years of age and is supervised by a person experienced in the use of explosives.

Subp. 2. Smoking, fire, liquor, narcotics.

While explosives are being handled or used, smoking is not permitted. A person near the explosives shall not possess matches, open light, or other fire- or flame-producing devices. A person shall not handle explosives while under the influence of intoxicating liquor or narcotics.

Subp. 3. Containers.

Original containers or authorized containers must be used for taking detonators and other explosives from storage magazines to the blasting area.

Subp. 4. Covering blast.

When the blasting is done in congested areas or in close proximity to a structure, railway, highway, or other installation that may be damaged, the blast must be covered before firing with a mat that can prevent fragments from being thrown.

Subp. 5. General precautions.

Persons authorized to prepare explosive charges or conduct blasting operations shall use every reasonable precaution, including warning signals, flags, barricades, or mats to ensure the safety of the general public and workers.

Subp. 6. Daylight blasting.

Blasting operations, except by special permission of the commissioner, must be conducted during daylight hours.

Subp. 7. Notice to utilities.

When blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph, and steam utilities, the blaster shall notify the appropriate representatives of these utilities at least 24 hours in advance of blasting, specifying the location and intended time of blasting. Verbal notice must be confirmed with written notice. In an emergency this time limit may be waived by the local authority issuing the original permit.

Subp. 8. Electricity precautions; incorporation.

Due precautions must be taken to prevent accidental discharge of electric blasting caps from current induced by radar, radio transmitters, lightning, adjacent power lines, dust storms, or other sources of extraneous electricity. These precautions include:

A. the suspension of all blasting operations and removal of persons from the blasting area during the approach and progress of an electric storm;

B. the posting of signs that warn against the use of mobile radio transmitters on roads within 1,000 feet of the blasting operation; and

C. compliance with the Safety Guide for the Prevention of Radio Frequency Radiation Hazards in the Use of Electric Blasting Caps, publication number 20, Institute of Makers of Explosives (1981), which is incorporated by reference. This publication is not subject to frequent change and is located at the Minnesota State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.1300 Storage at Use Sites

Subpart 1. Boxes and packing materials.

Empty boxes and paper and fiber packing materials that previously contained high explosives must not be used again for any purpose, but must be destroyed by burning at an approved isolated location out of doors. A person shall not be nearer than 100 feet after burning has started.

Subp. 2. Opening containers.

Containers of explosives must not be left opened in a magazine or within 50 feet of a magazine. In opening kegs or wooden cases, sparking metal tools must not be used; wooden wedges and either wood, fiber, or rubber mallets must be used. Nonsparking metallic slitters may be used for opening fiberboard cases.

Subp. 3. Damaged explosives.

Explosives or blasting equipment that is obviously deteriorated or damaged must not be used.

Subp. 4. Abandonment.

Explosives must not be abandoned.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.1400 Loading Explosives in Blast Holes

Subpart 1. Size of drill hole.

Drill holes must be sufficiently large to admit freely the insertion of a cartridge of explosives.

Subp. 2. Tamping.

Tamping must be done only with wood or approved plastic rods without exposed metal parts, but nonsparking metal connectors may be used for jointed poles. Violent tamping must be avoided.

Subp. 3. Selection of holes.

Only holes that will be fired in the next round of blasting may be loaded. After loading, the remaining explosives must be immediately returned to an authorized location.

Subp. 4. Remaining butts.

Drilling must not be started until the remaining butts of old holes are examined with a wooden stick for unexploded charges. If unexploded charges are found, they must be refired before work proceeds.

Subp. 5. Prohibition against deepening holes.

No person is allowed to deepen drill holes which contain explosives.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.1500 Initiation of Explosives Charges

Subpart 1. Electric blasting detonators.

Only electric blasting detonators may be used for blasting operations in congested districts, in highways, or adjacent to highways open to traffic, except where sources of extraneous electricity make this use dangerous.

Subp. 2. Using fuses.

When a fuse is used, the blasting detonator must be securely attached to the safety fuse with a standard ring-type detonator crimper. Primers may only be assembled at least 50 feet from any magazine.

Subp. 3. Primers.

Primers may be made up only as required for each round of blasting.

Subp. 4. Inserting detonator into explosive.

A blasting detonator must not be inserted in the explosives unless a hole is first made in the cartridge for the detonator with an approved punch of proper size or standard detonator crimper.

Subp. 5. Extracting explosives from hole.

Explosives must not be extracted from a hole that has once been charged or has misfired unless it is impossible to detonate safely the unexploded charge by inserting a fresh additional primer.

Subp. 6. Misfires.

If a misfire occurs while using a detonator and a fuse or an electric blasting detonator, all persons shall remain away from the charge for at least 30 minutes. A misfire may be handled only under the direction of the person in charge of the blasting, the wires must be carefully traced, and a search must be made for unexploded charges.

Subp. 7. Testing circuits.

When testing circuits to charged holes, blasters shall use only blasting galvanometers or other instruments approved for testing circuits.

Subp. 8. Lead wire connections.

Only the person making the lead wire connections in electrical firing shall fire the shot. Connections should be made from the bore hole back to the source of firing current. The leading wires must remain shorted and must not be connected to the blasting machine or other source of current until the charge is to be fired.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.1600 Preblast, Warning Requirements

Before a blast is fired, the person in charge shall first make certain that surplus explosives are in a safe place and that persons and vehicles are at a safe distance or under sufficient cover. Then the person in charge shall give a suitable warning signal.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.1700 [Repealed, 11 SR 6]

[Repealed, 11 SR 6]

Minn. R. 7500.1800 Sale and Disposition of Explosives

Subpart 1. Prohibitions; scope.

Explosives and blasting agents, special industrial explosives, and newly developed and unclassified explosives must not be sold or transferred in this state except as provided in items A to D. This part does not apply to the following commodities and items:

A. stocks of small arms ammunition, propellant-actuated power cartridges, small arms ammunition primers, and smokeless propellants;

B. explosive-actuated power devices when in quantities of less than 50 pounds net weight of explosive;

C. fuse lighters and fuse igniters; and

D. safety fuses not including detonating cords and 3/32-inch cannon fuses or matchlock fuses (slow match).

Subp. 2. Marking required.

A vendor, transferor, buyer, or transferee of explosives within this state shall not accept or deliver dynamite or other explosive in any quantity unless each carton or other usual primary container of the explosive is plainly labeled, stamped, or marked with identification numbers and with the words "Dangerous Explosives." It is unlawful for a person to use or possess an explosive not so marked. Unmarked explosives found in the possession of any person may be confiscated, seized, or destroyed by the commissioner or a law enforcement officer.

Subp. 3. Information required for delivery.

A vendor or transferor of explosives within this state may deliver explosives to another person only after first obtaining and recording the following information:

A. the date of transaction;

B. the identity of the manufacturer of the explosives being transferred;

C. the type of explosives and the identification numbers on the explosives being transferred;

D. the quantity of explosives being transferred;

E. the name and address of the purchaser or transferee;

F. the user permit number; and

G. the signature of the transferee.

Subp. 4. Records of transactions required.

Records of transactions must be made available to the commissioner on request. Also, the commissioner may require that each person mail a copy of the record of each transaction made during the preceding week on Monday of each week.

Subp. 5.

[Repealed, 11 SR 6]

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.1900 [Repealed, 11 SR 6]

[Repealed, 11 SR 6]

Minn. R. 7500.2000 Report of Thefts

A person possessing explosives who incurs a loss or theft of explosives shall notify, within 24 hours of discovering the loss or theft, the commissioner and the county sheriff or the local chief of police of the loss or theft, the amount of missing explosives, and the approximate time of the occurrence.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.2100 Jurisdiction of Federal Bureau of Mines

The commissioner may exempt a person from the requirements for storage facilities in parts 7500.0700, 7500.0800, and 7500.1300 if the person is within the jurisdiction of the Federal Bureau of Mines and the commissioner deems that parts 7500.0700, 7500.0800, and 7500.1300 are in conflict with Code of Federal Regulations, title 27, sections 55.201 to 55.220 (1982). The commissioner may revoke an exemption if a person violates the provisions of Minnesota Statutes, sections 299F.71 to 299F.83 pertaining to explosives. For granting or revoking an exemption or for any other purpose, the commissioner may inspect at any time the premises and facilities of a person seeking an exemption.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.2200 General Provisions

Subpart 1. Restricted scope.

This section does not apply if its application in a particular instance would conflict with Code of Federal Regulations, title 49, parts 100 to 199 (1983).

Subp. 1a. Storage in railway car; federal regulations.

Except in an emergency and with permission of the local authority having jurisdiction, a person shall not have or keep explosives in a railway car unless the car and its contents and the methods of loading conform to Department of Transportation regulations in Code of Federal Regulations, title 49, parts 100 to 199 (1983) for the transportation of explosives.

Subp. 2. Delivery to carrier.

A person shall not deliver an explosive to a carrier unless the explosive conforms in all respects, including marking and packing, to the Department of Transportation regulations in Code of Federal Regulations, title 49, parts 100 to 199 (1983) for the transportation of explosives.

Subp. 3. Placards on railway cars.

A railway car containing explosives that has reached its destination or is stopped in transit and no longer is in interstate commerce, must have placards that comply with Department of Transportation regulations in Code of Federal Regulations, title 49, parts 100 to 199 (1983).

Subp. 4. Other safety measures required.

Explosives that are to be delivered to a consignee or forwarded to another destination and that are located at a railway facility, truck terminal, pier, wharf, harbor facility, or airport terminal must be kept in a safe place, kept isolated as far as practicable, and kept in a manner that they can be easily and quickly removed.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.2300 [Repealed, 11 SR 6]

[Repealed, 11 SR 6]

Minn. R. 7500.2350 Duty of Consignee to Accept Shipment

When explosives are transported into a locality governed by this chapter and within 48 hours of notification, the consignee shall receive and remove the explosives from the carrier to a properly permitted magazine or notify the commissioner who shall ensure that the explosives are moved to a safe place.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.2400 Designation of Facilities

The local authority having jurisdiction may designate the location for and limit the quantity of explosives that may be loaded, unloaded, reloaded, or temporarily retained at a facility within the jurisdiction.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.2500 Blasting Agents

Unless otherwise set forth in parts 7500.2600 to 7500.2900 blasting agents must be stored and used in the same manner as explosives.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.2600 Mixing of Blasting Agents

Subpart 1. Building locations; distances.

Buildings or other facilities used for mixing blasting agents must be located, with respect to inhabited buildings, passenger railroads, and public highways, in accordance with the table of distances for storage of explosive materials.

If ammonium nitrate is stored at a closer distance to the blasting agent storage area than as provided in the table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents, then the ammonium nitrate must be added to the quantity of blasting agents to calculate the total quantity involved before applying the table of distances for storage of explosive materials.

Subp. 2. Separation in plant.

Minimum intraplant separation distances between mixing units and the ammonium nitrate storage areas and blasting agent storage areas must conform to the table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents.

Subp. 3. Building requirements.

A building used for mixing blasting agents must conform to the following requirements unless the building is specifically approved by the commissioner:

A. Buildings must be of noncombustible construction or sheet metal on wood studs.

B. The layout of the mixing building must provide physical separation between the finished product storage and the mixing and packaging operation.

C. Floors in storage areas and in the processing plant must be of concrete.

D. Isolated fuel storage must be provided to avoid contact between molten ammonium nitrate and fuel in case of fire.

E. The building must be well ventilated.

F. Heat must be provided exclusively from a unit located outside the building.

Subp. 4. Design of mixer.

The design of the mixer must minimize the possibility of frictional heating, compaction, and especially, confinement. Open mixers are preferable to enclosed mixers. Bearings and gears must be protected against the accumulation of oxidizer dust. Surfaces must be accessible for cleaning. Mixing and packaging equipment must be constructed of materials compatible with the composition of fuel and ammonium nitrate.

Subp. 5. Blasting agent compositions.

The sensitivity of a blasting agent must be determined by using a number 8 test blasting cap at regular intervals and after every change in formulation, or as requested by the commissioner.

Ammonium nitrate of small particle size, such as crushed prills or fines, may be more sensitive and hazardous than ordinary prills and must be handled with greater care.

Liquid fuel with a flash point lower than that of number 2 diesel fuel oil, 125 degrees Fahrenheit minimum or legal, must not be used.

Crude oil and crankcase oil must not be used because they may contain light ends that offer increased vapor explosion hazards or gritty particles that tend to sensitize the resulting blasting agent.

If solid fuels are used, they must be chosen so as to minimize dust-explosion hazard.

Metal dusts, such as aluminum powder; peroxides; or chlorates must not be used unless the operations are conducted in a manner approved by the commissioner.

Unusual compositions may be attempted only under the supervision of competent personnel equipped to determine the overall hazard of the resulting compositions.

Subp. 6. Equipment requirements.

If electrical switches, controls, motors, and lights are located in the mixing room, they must conform to the requirements of class II, division 2 of standard 70, of the National Electrical Code, and found in the National Fire Codes, 1982, volume 6, issued by the National Fire Protection Association, (Quincy, Massachusetts, 1982), which is incorporated by reference, is not subject to frequent change, and is located at the Minnesota State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155; otherwise they must be located outside the mixing room. The frame of the mixer and other equipment that may be used must be electrically bonded and provided with a continuous path to the ground.

Subp. 7. Washdown facilities.

Washdown facilities must be provided. An automatic water-deluge system with adequate capacity is recommended to protect mixers and the finished-explosives storage area in the plant. Floors must be constructed so as to eliminate open floor drains and piping into which molten materials could flow and be confined in case of fire. The floors and equipment of the mixing and packaging room must be thoroughly cleaned daily to prevent accumulation of oxidizers, fuels, or other sensitizers. The entire mixing and packaging plant must be washed down periodically to prevent excessive accumulation of dust.

Subp. 8. Smoking or open flame.

Smoking or open flame is not permitted in or within 50 feet of a building or facility used for mixing blasting agents.

Subp. 9. Disposal of oxidizer bags.

Empty oxidizer bags must be disposed of daily in a safe manner.

Subp. 10. Storage, location of blasting agents.

Not more than one day's production of blasting agents or the limit determined by the table of distances for storage of explosive materials, whichever is less, is permitted in or near the mixing and packaging plant or area. Larger quantities must be stored in separate warehouses or magazines.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.2700 Storage of Blasting Agents and Supplies

Subpart 1. Storage with explosives.

When blasting agents are stored with explosives, the storage must conform to part 7500.0800 governing the storage of explosives. The mass of blasting agents and one-half the mass of oxidizers must be included when computing the total quantity of explosives for determining distance requirements.

Subp. 1a. Storage apart from explosives.

When blasting agents are stored entirely apart from explosives, they must be stored as provided in part 7500.0800, governing the storage of explosives.

Subp. 2. Trailers.

Semitrailer or full-trailer vans used for highway or on-site transportation of the blasting agents are satisfactory for temporarily storing these materials, provided they are located in accordance with the table of distances for storage of explosive materials, with respect to inhabited buildings, passenger railways, and public highways, and in accordance with the table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents, with respect to one another. Trailers should be provided with substantial locks. The trailer doors must be kept locked, except when placing and removing stocks of blasting agents.

Subp. 3. Location of warehouses.

Warehouses used to store blasting agents apart from explosives must be located as follows:

A. The location must comply with the table of distances for storage of explosive materials, with respect to inhabited buildings, passenger railways, and public highways, and must comply with the table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents, with respect to one another.

B. If both blasting agents and ammonium nitrate are handled or stored within the distance limitations prescribed in part 7500.2600, subpart 1, one-half the mass of the ammonium nitrate must be added to the mass of the blasting agent when computing the total quantity of explosives for determining the proper distance for compliance with the table of distances for storage of explosive materials.

Subp. 4. Fire hazards.

Smoking, matches, open flames, spark-producing devices, and firearms are prohibited inside of or within 50 feet of a warehouse used for the storage of blasting agents. Combustible materials must not be stored within 50 feet of warehouses used for storing blasting agents.

Subp. 5. Interior of warehouse.

The interior of warehouses used for the storage of blasting agents must be kept clean and free from debris and empty containers. Spilled materials must be cleaned up promptly and safely removed. Combustible materials, flammable liquids, corrosive acids, chlorates, or nitrates must not be stored in a warehouse used for blasting agents unless separated from the blasting agents by a fire-resistive separation of not less than one-hour resistance. This subpart does not prohibit the storage of blasting agents together with nonexplosive blasting supplies.

Subp. 6. Ammonium nitrate.

Piles of ammonium nitrate and warehouses containing ammonium nitrate must be adequately separated from readily combustible fuels.

Caked ammonium nitrate, either in bags or in bulk, must not be loosened by blasting.

Subp. 7. Supervisor.

A warehouse used to store blasting agents must be under the supervision of a competent person who is at least 18 years of age.

Subp. 8. Local authority.

The local authority having jurisdiction may designate the location for and limit the quantity of blasting agents that may be loaded, unloaded, reloaded, or temporarily retained at a facility within the jurisdiction.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.2800 [Repealed, 11 SR 6]

[Repealed, 11 SR 6]

Minn. R. 7500.2900 Use of Blasting Agents

A person who uses blasting agents shall comply with parts 7500.1200 to 7500.1600.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.3000 General Provisions for Water Gels

Unless otherwise set forth in parts 7500.3100 and 7500.3200, water gels must be stored and used in the same manner as explosives or blasting agents in accordance with the classification of the product in United States Code, title 18, chapter 40, section 841(c) (1984).

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.3100 Premixed Water Gels

Premixed water gels that are cap-sensitive as defined in part 7500.0100, subpart 3, must be classified as an explosive and manufactured, stored, and used as specified for explosives.

Premixed water gels that are not cap-sensitive as defined in part 7500.0100, subpart 3, must be classified as blasting agents and manufactured, stored, and used as specified for blasting agents.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.3200 On-Site-Mixed Water Gels

Subpart 1.

[Repealed, 11 SR 6]

Subp. 2. Classified and nonclassified ingredients.

Ingredients classified as high explosives, low explosives, or blasting agents must be stored in conformity with part 7500.0800. Ingredients, other than ammonium nitrate, not themselves classified as explosives, must be stored in noncombustible or fire-resistive warehouses.

Subp. 3. Ammonium nitrate.

Prilled, grained, or granulated ammonium nitrate must be stored in accordance with standard 490 of the Code for the Storage of Ammonium Nitrate, found in National Fire Codes, 1982, Volume 3, issued by the National Fire Protection Association (Quincy, Massachusetts, 1982), which is incorporated by reference, is not subject to frequent change, and is located at the Minnesota State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. If ammonium nitrate is stored in the vicinity of explosives or blasting agents, the separation distances specified in part 7500.0800 apply.

Liquid ammonium nitrate solutions must be stored in tank cars, tank trucks, or permanent tanks in a location approved by the commissioner. Spills or leaks which may contaminate combustible materials must be cleaned up immediately.

Subp. 4. Electric power.

If electric power is used, it must be furnished by cable from an outside source or by a self-contained motor generator. A self-contained power source must be located at the end of the storage container opposite the end where the blasting agent is discharged, must have adequate capacity for the loads expected, and must be equipped with suitable overload protection devices.

Subp. 4a. Electric wiring.

Electric wiring carrying voltages greater than 12 volts must be in armored cable or in conduit and, if dry ingredients are employed, the wiring must conform to the requirements of class II, division 2 of standard 70 of the National Electrical Code, found in the National Fire Codes, 1982, issued by the National Fire Protection Association (Quincy, Massachusetts, 1982), and incorporated by reference in part 7500.2600, subpart 6. The materials protecting the electric wiring must be of such composition that they will not chemically attach to the ingredients being processed.

Subp. 5. Mixing equipment.

Electric motors, electrically operated proportioning devices, and other similar devices must be electrically bonded. If they are used for dry ingredients they must also conform to the requirements of class II, division 2 of standard 70 of the National Electrical Code, found in the National Fire Codes, 1982, volume 6, issued by the National Fire Protection Association (Quincy, Massachusetts, 1982), and incorporated by reference in part 7500.2600, subpart 6.

The entire loading and mixing equipment must be cleaned daily to prevent accumulations of ingredients.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.3300 [Repealed, 11 SR 6]

[Repealed, 11 SR 6]

Minn. R. 7500.3400 Small Arms Ammunition

Subpart 1. Restricted scope.

Parts 7500.3400 to 7500.3600 do not apply to in-process storage and intraplant transportation during manufacture of small arms ammunition, small arms primers, and smokeless propellants.

This part does not apply to the transportation of small arms ammunition governed by Code of Federal Regulations, title 49, parts 100 to 199 (1983).

Subp. 2. Quantity limitations.

No quantity limitations are imposed on the storage of small arms ammunition in warehouses, retail stores, and other general occupancies, except those imposed by limitation of storage facilities and consistency with public safety.

Subp. 3. Separate storage.

Small arms ammunition must be separated from flammable liquids, flammable solids as classified by the Department of Transportation in Code of Federal Regulations, title 49, parts 100 to 199 (1983), and oxidizing materials by a fire-resistive wall of one-hour rating or by a distance of 25 feet.

Small arms ammunition must not be stored together with explosives or blasting agents, unless the storage facility is adequate as described in Code of Federal Regulations, title 27, sections 55.201 to 55.220 (1982).

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.3500 Smokeless Propellants

Subpart 1. Restricted scope.

This part does not apply to the transportation of smokeless propellants governed by Code of Federal Regulations, title 49, parts 100 to 199 (1983).

Subp. 1a. Approved container required.

Smokeless propellants must be stored in shipping containers approved by the Department of Transportation in Code of Federal Regulations, title 49, parts 100 to 199 (1983).

Subp. 1b. Transportation of certain quantities.

Quantities of smokeless propellants of 25 pounds or less in shipping containers approved by the Department of Transportation in Code of Federal Regulations, title 49, parts 100 to 199 (1983), may be transported in a passenger vehicle.

Quantities in excess of 25 pounds but not exceeding 50 pounds that are transported in a passenger vehicle must be in a portable magazine having wooden walls of at least one-inch nominal thickness.

Transportation of quantities in excess of 50 pounds is prohibited in vehicles transporting passengers.

Transportation of quantities in excess of 50 pounds in other than passenger vehicles must comply with Department of Transportation regulations in Code of Federal Regulations, title 49, parts 100 to 199 (1983). In addition, warning placards must be prominently displayed when more than 250 pounds are being transported.

Subp. 2. Storage of propellants intended for personal use.

Smokeless propellants intended for personal use in quantities not to exceed 20 pounds may be stored in residences. Quantities in excess of 20 but not exceeding 50 pounds must be stored in a wooden box or cabinet having walls of at least one-inch nominal thickness.

Subp. 3. Commercial displays and stocks.

Not more than 20 pounds of smokeless propellants, in containers of one-pound maximum capacity, may be displayed in commercial establishments. Commercial stocks of smokeless propellants greater than 20 pounds but not more than 100 pounds must be stored in approved wooden boxes having walls of at least one-inch nominal thickness. Not more than 50 pounds are permitted in any one box.

Commercial stocks in quantities not to exceed 750 pounds must be stored in storage cabinets having wooden walls of at least one-inch nominal thickness. Not more than 400 pounds are permitted in any one cabinet.

Subp. 4. Quantities over 750 pounds.

Quantities in excess of 750 pounds must be stored in magazines constructed and located as specified in part 7500.0800.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.3600 Small Arms Ammunition Primers

Subpart 1. Restricted scope.

This section does not apply to the transportation of small arms ammunition primers governed by Code of Federal Regulations, title 49, parts 100 to 199 (1983).

Subp. 2. Transportation and storage.

Small arms ammunition primers must not be transported or stored except in the original shipping container approved by the Department of Transportation in Code of Federal Regulations, title 49, parts 100 to 199 (1983).

Subp. 3. Truck or rail transportation.

Truck or rail transportation of small arms ammunition primers must comply with the Department of Transportation regulations in Code of Federal Regulations, title 49, parts 100 to 199 (1983).

Subp. 4. Quantity limitations.

Not more than 25,000 small arms ammunition primers may be transported in a passenger vehicle.

Not more than 10,000 small arms ammunition primers may be stored in residences.

Not more than 10,000 small arms ammunition primers may be displayed in commercial establishments.

Subp. 5. Separate storage.

Small arms ammunition primers must be separated from flammable liquids, flammable solids as classified by the Department of Transportation in Code of Federal Regulations, title 49, parts 100 to 199 (1983), and oxidizing materials by a fire-resistive wall of one-hour rating or by a distance of 25 feet.

Subp. 6. Storage of large quantities.

Quantities of small arms ammunition primers in excess of 1,000,000 must be stored in magazines in accordance with part 7500.0800.

History

• Statutory Authority: MS s 299F.71 to 299F.83
• History: 11 SR 6

Minn. R. 7500.5100 Definitions

Subpart 1. Scope.

For the purpose of parts 7500.5100 to 7500.5600, the following terms have the meanings given them.

Subp. 2. Approved machine gun or short-barrelled shotgun.

"Approved machine gun or short-barrelled shotgun" means a machine gun or short-barrelled shotgun that, although designed as a weapon, has been determined by the superintendent as not likely to be used as a weapon and that has been determined by the superintendent to appear on the National Firearms Act Curios and Relics List, as provided by United States Code, title 18, chapter 44, and as issued by the Department of the Treasury, Bureau of Alcohol, Tobacco, Firearms and Explosives (Washington, D.C.).

Subp. 3. Bureau.

"Bureau" means the Minnesota Bureau of Criminal Apprehension.

Subp. 4. Report form.

"Report form" means the official form created by the bureau on which the data specified in Minnesota Statutes, section 609.67, subdivision 4 is to be reported to the superintendent.

Subp. 5. Superintendent.

"Superintendent" means the superintendent of the bureau or a delegate.

History

• Statutory Authority: MS s 299C.03; 609.67
• History: 8 SR 243; 17 SR 1279; L 2007 c 13 art 1 s 25

Minn. R. 7500.5200 Statutory Authority

Parts 7500.5100 to 7500.5600 are adopted pursuant to the authority granted to the superintendent of the Bureau of Criminal Apprehension by Minnesota Statutes, sections 299C.03, and 609.67.

History

• Statutory Authority: MS s 299C.03; 609.67
• History: 8 SR 243

Minn. R. 7500.5300 Reporting Procedures; Fee

Subpart 1. Requirements.

If a person owns or possesses an approved machine gun or short-barrelled shotgun, the following procedures must be followed.

Subp. 2. Report.

Within ten days after a person takes possession or ownership of an approved machine gun or short-barrelled shotgun, the person shall send a report form to the superintendent.

Subp. 3. Fee.

The reporting person shall send a $15 nonrefundable fee with each report form.

History

• Statutory Authority: MS s 299C.03; 609.67
• History: 8 SR 243

Minn. R. 7500.5400 Filing Not Accepted

Subpart 1. Grounds for nonacceptance.

The superintendent shall not accept a report form for filing if:

A. the reporting person misrepresents, falsifies, or fails to complete any information on the report form; or

B. the superintendent determines that the firearm is not an approved machine gun or short-barrelled shotgun.

Subp. 2. Resubmission.

If the superintendent refuses to accept the report form on the grounds of subpart 1, item A or B, the report required by Minnesota Statutes, section 609.67, shall be deemed not to have been made. If the report can be corrected or completed properly, the reporting person shall submit a new report form within ten days after receipt of the superintendent's notice of nonacceptance. A new fee need not accompany a report form resubmitted under this subpart.

History

• Statutory Authority: MS s 299C.03; 609.67
• History: 8 SR 243

Minn. R. 7500.5500 Right to Contest Decision

If the superintendent does not accept the report form, the superintendent shall notify the reporting person in writing, specifying the reasons for nonacceptance. That person may contest the decision of the superintendent in proceedings conducted pursuant to the Administrative Procedure Act, Minnesota Statutes, sections 14.57 to 14.69, and rules of the Office of Administrative Hearings, parts 1400.0200 to 1400.8500.

History

• Statutory Authority: MS s 299C.03; 609.67
• History: 8 SR 243

Minn. R. 7500.5600 Limited Protection of Reporting Information

All persons possessing or owning an approved machine gun or a short-barrelled shotgun prior to August 22, 1983, shall have until November 22, 1983, to file a report form with the superintendent.

History

• Statutory Authority: MS s 299C.03; 609.67
• History: 8 SR 243

Chapter 7501 INTOXICATION TESTING; DEVICES

Minn. R. 7501.0100 Definitions

Subpart 1. Scope.

For purposes of this chapter, the following terms have the meanings given them in this part.

Subp. 2. Alcohol concentration.

"Alcohol concentration" means the number of grams of alcohol in 210 liters of breath.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of public safety of Minnesota.

Subp. 4. Manufacturer.

"Manufacturer" means a manufacturer, dealer, distributor, or supplier of a screening device offered for sale to law enforcement agencies in Minnesota.

Subp. 5.

[Repealed, 21 SR 1214]

Subp. 6.

[Repealed, 21 SR 1214]

Subp. 7. Screening device.

"Screening device" means a device that by analysis of a sample of breath will indicate the alcohol concentration of the individual tested.

History

• Statutory Authority: MS s 169.121; 169.128; 169A.75
• History: 10 SR 2512; 21 SR 1214; L 2000 c 478 art 2 s 7

Minn. R. 7501.0200 Purpose and Scope

The purpose of parts 7501.0100 to 7501.0800 is to establish standards and minimum specifications for preliminary screening breath test devices, to be used pursuant to Minnesota Statutes, section 169A.41.

History

• Statutory Authority: MS s 169.121; 169.128; 169A.41; 169A.75
• History: 10 SR 2512; L 2000 c 478 art 2 s 7

Minn. R. 7501.0300 Minimum Standards and Specifications

Screening devices used pursuant to Minnesota Statutes, section 169A.41, must meet the following minimum standards and specifications:

A. Accuracy of the screening device must remain consistent during a storage life of one year from the date of purchase, at storage temperatures ranging between minus 30 degrees Fahrenheit to 120 degrees Fahrenheit.

B. The reading of a screening device after a sample of breath is properly taken must be ascertainable under reduced levels of illumination.

C. Operation of the screening device must be simple enough that operators can be trained to use the screening device with four hours or less of formal instruction.

D. Each individual screening device must be packaged with a complete set of instructions as to how the device is to be properly calibrated and used for taking and analyzing a sample of breath.

E. When a sample of breath is properly taken from an alcohol-free individual, the screening device must not indicate that alcohol is present.

F. When a sample of breath is properly taken from an individual with an actual alcohol concentration of 0.02 or greater, the screening device must not have a deviation greater than plus or minus 0.015 alcohol concentration.

G. A screening device intended to perform more than one test and requiring periodic calibration must, once calibrated, retain its calibration within plus or minus 0.010 alcohol concentration for a minimum of 14 days.

H. A screening device that is disposable after a single use, and of which the accuracy is affected by storage, must be labeled with an expiration date.

History

• Statutory Authority: MS s 169.121; 169.128; 169A.75
• History: 10 SR 2512; 21 SR 1214; L 2000 c 478 art 2 s 7

Minn. R. 7501.0400 Application for Approval, Required Information

In each application submitted to the commissioner for approval of a screening device, the following information must be included:

A. the name of the manufacturer, and the brand or trade name under which the screening device is to be marketed;

B. the maximum and minimum temperatures at which the screening device may be used and still provide an accurate result of the alcohol concentration;

C. a description of the screening device, the theory under which it operates, and instructions for its use; and

D. a certification from a nationally recognized independent testing laboratory that the screening device meets the minimum specifications and standards as set out by part 7501.0300.

History

• Statutory Authority: MS s 169.121; 169.128; 169A.41; 169A.75
• History: 10 SR 2512; L 2000 c 478 art 2 s 7

Minn. R. 7501.0500 Application for Approval, Samples Required

Each application submitted to the commissioner for approval of a screening device must include:

A. in the case of a screening device disposable after one use, 50 samples of the device for use by the commissioner to verify that the information contained in the application for approval is correct;

B. in the case of a screening device not disposable after one use, two devices with disposable components or other materials sufficient to conduct 50 tests of breath, with the screening device to be returned to the manufacturer after verification by the commissioner of the information contained in the application.

History

• Statutory Authority: MS s 169.121; 169.128; 169A.75
• History: 10 SR 2512; 21 SR 1214; L 2000 c 478 art 2 s 7

Minn. R. 7501.0600 Certificate of Approval

When the manufacturer of a screening device has complied with parts 7501.0400 and 7501.0500, and the commissioner is satisfied that the screening device submitted complies with the minimum standards and specifications set out by part 7501.0300, the commissioner may issue a certificate of approval. The commissioner shall act upon applications within 120 days unless other arrangements are made with the manufacturer. The manufacturer shall include in shipments of a device a copy of or reference to the Department of Public Safety certificate of approval.

History

• Statutory Authority: MS s 169.121; 169.128; 169A.41; 169A.75
• History: 10 SR 2512; L 2000 c 478 art 2 s 7

Minn. R. 7501.0700 Duration of Approval

Approval of a screening device issued pursuant to part 7501.0600 remains effective until revoked. Approval may be revoked by the commissioner when:

A. The manufacturer changes the design or components of a screening device already approved. The manufacturer shall inform the commissioner of any changes in the components or design. The manufacturer shall supply supportive documentation that the changes will not affect the ability of the device to comply with part 7501.0300.

B. It appears to the commissioner that the screening device does not currently meet the minimum standards and specifications required by part 7501.0300.

History

• Statutory Authority: MS s 169.121; 169.128; 169A.41; 169A.75
• History: 10 SR 2512; L 2000 c 478 art 2 s 7

Minn. R. 7501.0800 Recertification

If a certificate of approval issued pursuant to part 7501.0600 is revoked by the commissioner, a new certificate of approval will be issued only after compliance by the manufacturer with parts 7501.0400 and 7501.0500.

History

• Statutory Authority: MS s 169.121; 169.128; 169A.41; 169A.75
• History: 10 SR 2512; L 2000 c 478 art 2 s 7

Minn. R. 7501.0900 List of Approved Screening Devices

The following screening devices are approved for use in this state:

History

• Statutory Authority: MS s 169A.75
• History: 28 SR 397; 30 SR 29; 42 SR 385; 50 SR 607

Chapter 7502 INTOXICATION TESTING; TRAINING

Minn. R. 7502.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Administer.

"Administer" means the collection of a specimen of blood, breath, or urine from a person for the purpose of analyzing the specimen to determine alcohol concentration.

Subp. 2a. Breath test instrument.

"Breath test instrument" means infrared or other approved breath-testing instrument as defined in Minnesota Statutes, section 169A.03, subdivision 11.

Subp. 2b. Certified operator.

"Certified operator" means a person who has completed a specialized training program in the administration of a breath test using an approved breath test instrument and been issued a certification number by the commissioner.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of public safety or a designee.

Subp. 4.

[Repealed, 35 SR 2014]

Subp. 5.

[Repealed, 35 SR 2014]

History

• Statutory Authority: MS s 169.128; 169A.75
• History: 8 SR 2186; L 2000 c 478 art 2 s 7; 35 SR 2014

Minn. R. 7502.0200 Purpose and Scope

The purpose of this chapter is to establish minimum standards for administering and interpreting a test for intoxication at the direction of a peace officer, pursuant to the provisions of Minnesota Statutes, section 169A.52.

History

• Statutory Authority: MS s 169.128; 169A.75
• History: 8 SR 2186; L 2000 c 478 art 2 s 7

Minn. R. 7502.0300 Persons Administering Blood Tests

A person who has been trained as a physician, registered nurse, medical technologist, medical technician, physician's trained mobile intensive care paramedic, or laboratory assistant may administer a blood test.

History

• Statutory Authority: MS s 169.128; 169A.75
• History: 8 SR 2186; L 2000 c 478 art 2 s 7

Minn. R. 7502.0400 Persons Administering or Evaluating Breath Tests

Any person who has satisfactorily completed a course given or approved by the commissioner or acting agents in the use of an instrument specially manufactured to analyze a specimen of breath to determine the alcohol concentration may administer a breath test at the direction of a peace officer. After completion of the described course such person may be required to periodically demonstrate, to the commissioner or duly authorized and acting agents, competence to satisfactorily operate the instrument.

History

• Statutory Authority: MS s 169.128; 169A.75
• History: 8 SR 2186; 17 SR 1279; L 2000 c 478 art 2 s 7

Minn. R. 7502.0410 Methods of Analyzing Breath Samples

Subpart 1. Breath test procedures.

Breath samples must be tested for alcohol concentration using procedures approved by the director, Forensic Science Laboratory, Bureau of Criminal Apprehension, Department of Public Safety.

Subp. 2. Approved software.

Breath test samples must be tested for alcohol concentration using a breath test instrument that employs software that has been approved by the director, Forensic Science Laboratory, Bureau of Criminal Apprehension, Department of Public Safety.

Subp. 3. Operation of instrument.

Breath test instruments must be operated by a certified operator.

History

• Statutory Authority: MS s 169.128; 169A.75
• History: 8 SR 2186; L 2000 c 478 art 2 s 7; 35 SR 2014

Minn. R. 7502.0420 Repealed by subpart

Subpart 1.

[Repealed, 28 SR 397]

Subp. 2.

[Repealed, 35 SR 2014]

Subp. 3.

[Repealed, 35 SR 2014]

Minn. R. 7502.0425 Instruments for Analyzing Breath Samples

Subpart 1. Intoxilyzer 5000EN.

The Intoxilyzer 5000EN, that employs infrared technology, is approved by the commissioner for use in this state for the purpose of determining the alcohol concentration of a breath sample.

Subp. 2. DataMaster DMT-G with Fuel Cell Option.

The DataMaster DMT-G with Fuel Cell Option is approved by the commissioner for the purpose of determining the alcohol concentration of a breath sample, provided that the sample is analyzed using either the unit's infrared technology or the unit's infrared technology in conjunction with its fuel cell technology.

Subp. 3. DataMaster DMT-G with Rev A Fuel Cell Option.

The DataMaster DMT-G with Rev A Fuel Cell Option is approved by the commissioner for the purpose of determining the alcohol concentration of a breath sample, provided that the sample is analyzed using either the unit's infrared technology or the unit's infrared technology in conjunction with its fuel cell technology.

History

• Statutory Authority: MS s 169A.75
• History: 35 SR 2014; 36 SR 1104

Minn. R. 7502.0430 [Repealed, 35 SR 2014]

[Repealed, 35 SR 2014]

Minn. R. 7502.0500 Persons Administering Urine Tests

Any person may administer a urine test.

History

• Statutory Authority: MS s 169.128; 169A.75
• History: 8 SR 2186; L 2000 c 478 art 2 s 7

Minn. R. 7502.0600 Persons Interpreting Blood or Urine Tests

A person who meets the educational and occupational standards in items A and B may interpret blood or urine tests:

A. educational qualifications: a bachelor's or higher degree in chemistry, biochemistry, biology, biological sciences, pharmacology, criminalistics, forensic science, toxicology, or medical technology;

B. occupational qualifications: employment or self-employment as a criminalist, crime laboratory analyst, forensic scientist, toxicologist, pathologist, chemist, biochemist, medical technologist, medical laboratory technician, or medical laboratory assistant.

History

• Statutory Authority: MS s 14.06; 169.128; 169A.75; 299A.01
• History: 8 SR 2186; 15 SR 1123; L 2000 c 478 art 2 s 7

Minn. R. 7502.0700 Methods of Analyzing Blood or Urine Samples

Blood and urine samples must be tested for alcohol using only procedures approved and certified to be valid and reliable testing procedures by the director, Forensic Science Laboratory, Bureau of Criminal Apprehension, Minnesota Department of Public Safety, based upon one of the following quantitative methods:

A. gas chromatography;

B. alcohol dehydrogenase reaction;

C. microdiffusion; or

D. oxidation of distillate with potassium dichromate.

History

• Statutory Authority: MS s 169.128; 169A.75
• History: 8 SR 2186; L 2000 c 478 art 2 s 7

Chapter 7503 DRIVER LICENSE REVOCATION, INCIDENTS

Minn. R. 7503.0100 Definitions

Subpart 1. Scope.

For purposes of this chapter, the terms defined in this part have the meanings given them.

Subp. 1a. Alcohol and drug counselor.

"Alcohol and drug counselor" has the meaning given in Minnesota Statutes, section 148C.01, subdivision 2.

Subp. 1b. Assessor.

"Assessor" has the meaning given in part 9530.6605, subpart 4.

Subp. 2. Substance use disorder assessment.

A "substance use disorder assessment" is a report prepared under part 7503.1725 or Minnesota Statutes, section 169A.54, subdivision 11, or 169A.70 or 171.306, to evaluate a person's driving ability in relation to possible chemical abuse.

Subp. 3. Alcohol- or controlled-substance-related incident.

An "alcohol- or controlled-substance-related incident" is a violation or license revocation under current or former Minnesota Statutes, section 169.121; 169.1211; 169.123, subdivisions 2, 2a, 2b, 2c, and 4; 169.127; 169.129; 169A.20; 169A.51, subdivision 1, 2, 3, 4, 5, or 6; 169A.52, subdivision 1, 2, 3, 4, or 5; 169A.54; 171.245; 609.21, subdivision 1, clauses (2), (3), and (4), subdivision 2, clauses (2), (3), and (4), subdivision 3, clauses (2), (3), and (4), and subdivision 4, clauses (2), (3), and (4); 609.2112, subdivision 1, clauses (2), (3), and (4); 609.2113, subdivision 1, clauses (2), (3), and (4), subdivision 2, clauses (2), (3), and (4), subdivision 3, clauses (2), (3), and (4); or 609.2114, subdivision 1, clauses (2), (3), and (4), and subdivision 2, clauses (2), (3), and (4); or a statute from another state in conformity with one of these provisions.

Subp. 4. Cancellation and denial.

"Cancellation and denial" is the commissioner's withdrawal of a person's driver's license and privilege to drive in Minnesota pursuant to current or former Minnesota Statutes, section 169.121; 169A.54; 171.04, subdivision 1, clause (6), (10), (11), or (12); 171.13, subdivision 4; or 171.14.

Subp. 4a. Certificate of insurance.

"Certificate of insurance" means a completed insurance certificate from the authorized representative of the insurance carrier authorized to do business in the state stating that the vehicle will be covered by a plan of reparation security as required by Minnesota Statutes, section 65B.48, that is noncancelable for a period not to exceed 12 months, or an equivalent certification when the insurance policy is issued by an authorized insurance carrier for coverage of a vehicle registered in a state other than Minnesota or in a Canadian province.

Subp. 5. Chemical dependency treatment.

"Chemical dependency treatment" is treatment for chemical dependency as specified in part 7503.1700, subpart 2, item A, in a:

A. program licensed or approved by the state of Minnesota;

B. comparable program licensed or approved by another state;

C. hospital-based treatment program; or

D. alternative treatment program preapproved by the commissioner of public safety.

Subp. 5a. Commercial motor vehicle.

"Commercial motor vehicle" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 22.

A commercial motor vehicle does not include farm trucks, fire trucks and emergency fire equipment, or recreational equipment operated by a person within the scope of Minnesota Statutes, section 171.02, subdivision 2, paragraph (a).

Subp. 6. Commissioner.

"Commissioner" is the commissioner of the Department of Public Safety of the state of Minnesota, acting directly or through authorized officers and agents.

Subp. 6a. Department.

"Department" means the Minnesota Department of Public Safety.

Subp. 6b. Disqualification.

"Disqualification" is the commissioner's removal of the privilege to drive commercial motor vehicles for a specific period under Minnesota Statutes, section 171.165.

Subp. 6c. Employer-owned motor vehicle.

"Employer-owned motor vehicle" means a motor vehicle that is not equipped with an ignition interlock device and is made available to a program participant by an employer for the program participant's use in the normal course and scope of employment duties.

Subp. 7.

[Repealed, 27 SR 707]

Subp. 7a. Ignition interlock device or device.

"Ignition interlock device" or "device" has the meaning given in Minnesota Statutes, section 171.306, subdivision 1, paragraph (b).

Subp. 8. Personal injury.

A "personal injury" means either:

A. "bodily harm" as defined in Minnesota Statutes, section 609.02, subdivision 7;

B. "substantial bodily harm" as defined in Minnesota Statutes, section 609.02, subdivision 7a;

C. "great bodily harm" as defined in Minnesota Statutes, section 609.02, subdivision 8; or

D. "personal injury" as defined in part 7409.0100, subpart 7b.

Subp. 8a. Program participant.

"Program participant" has the meaning given in Minnesota Statutes, section 171.306, subdivision 1, paragraph (c).

Subp. 9. Revocation.

"Revocation" is the commissioner's withdrawal of a person's driver's license and privilege to drive in this state for a specific period under either current or former Minnesota Statutes, section 169.121, 169.123, 169A.52, 169A.54, or 171.17.

Subp. 10. Special review and notice.

"Special review and notice" means the notice given to the driver and the written acknowledgment received from a driver under part 7503.1250.

Subp. 11. Sufficient cause to believe.

"Sufficient cause to believe" means grounds put forth in good faith which are not arbitrary, irrational, unreasonable, or irrelevant and which make the proposition asserted more likely than not, provided the grounds are based on at least one of the following sources:

A. facts or statements supplied by the applicant or driver;

B. driver's license and accident records;

C. court documents and police records;

D. facts of which the commissioner or the commissioner's employees have personal knowledge;

E. a blood, breath, or urine test indicating the presence of alcohol or a test refusal.

Subp. 12. Suspension.

"Suspension" is the commissioner's temporary withdrawal of a person's driver's license and privilege to drive in this state under current or former Minnesota Statutes, section 169.121, subdivision 8; 169A.54, subdivision 11, or 171.18.

History

• Statutory Authority: MS s 14.06; 14.388; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; 22 SR 1103; L 1998 c 388 s 30; L 1999 c 238 art 2 s 91; L 2000 c 478 art 2 s 7; 27 SR 707; 35 SR 2019; L 2014 c 180 s 9; L 2025 c 38 art 4 s 41

Minn. R. 7503.0200 Alcohol- or Controlled-Substance-Related Suspension

Subpart 1. Following revocable offense.

The commissioner shall suspend the driver's license or driving privilege of any person when there is sufficient cause to believe that the person committed an offense for which mandatory revocation of a driver's license is required upon conviction, unless the person's driver's license or driving privilege has been revoked for the same alcohol- or controlled-substance-related incident.

Subp. 2. Failure to complete substance use disorder assessment.

The commissioner shall suspend the driver's license or driving privilege of any person who fails to complete a substance use disorder assessment as required by this chapter and either current or former Minnesota Statutes, section 169.121, subdivision 8, or 169A.54, subdivision 11, or who fails to complete any action required by the assessment.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; L 2000 c 478 art 2 s 7; 27 SR 707; L 2025 c 38 art 4 s 41

Minn. R. 7503.0300 Suspension Periods

Subpart 1.

[Repealed, L 2013 c 117 art 3 s 41]

Subp. 2. For failure to complete assessment.

The commissioner shall suspend the driver's license or driving privilege of a person who fails to complete a substance use disorder assessment or any requirement imposed at the assessment for a period of 90 days or until the assessment or requirement is completed, whichever occurs first.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; L 2000 c 478 art 2 s 7; 27 SR 707; L 2013 c 117 art 3 s 41; L 2025 c 38 art 4 s 41

Minn. R. 7503.0400 Notice of Suspension

The commissioner shall notify a person of the suspension of the person's driver's license or driving privilege. The notice must be sent by first class mail to the person's address as shown on the driver's license records of the Department of Public Safety.

History

• Statutory Authority: MS s 169.128; 169A.75
• History: 10 SR 1427; L 2000 c 478 art 2 s 7

Minn. R. 7503.0500 Hearing Following Suspension

The commissioner shall provide a hearing under the procedures in part 7409.4600, subparts 1 to 4, and Minnesota Statutes, section 171.18, to any person whose driver's license or driving privilege has been suspended under this chapter or current or former Minnesota Statutes, section 169.121, subdivision 8; 169A.54, subdivision 11; or 171.18.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; L 2000 c 478 art 2 s 7; 27 SR 707

Minn. R. 7503.0600 Reinstatement Following Suspension

Except as stated in part 7503.1800, the commissioner shall not reinstate the driver's license or driving privilege of a person whose license or privilege was suspended under current or former Minnesota Statutes, section 169.121, subdivision 8; 169A.54, subdivision 11; or 171.18 as a consequence of an alcohol- or controlled-substance-related incident, unless:

A. the suspension period has expired or the person has satisfied the conditions of suspension;

B. the conditions of the person's outstanding license withdrawals have been satisfied; and

C. the person has paid a reinstatement fee as required by Minnesota Statutes, section 171.20 or 171.29.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; L 2000 c 478 art 2 s 7; 27 SR 707

Minn. R. 7503.0700 Alcohol- and Controlled-Substance-Related Revocation

Subpart 1. Following conviction.

The commissioner shall revoke the driver's license or the nonresident driving privilege of any person convicted under current or former Minnesota Statutes, section 169.121, 169.129, 169A.20, 609.21, 609.2112, 609.2113, or 609.2114.

Subp. 2. Following test for intoxication or refusal to take test.

The commissioner shall revoke the driver's license or the nonresident driving privilege of any person who violates current or former Minnesota Statutes, section 169.123 or 169A.51.

Subp. 3. Following conviction reported by another state.

The commissioner shall revoke the driver's license or the nonresident driving privilege of any person convicted under a statute from another state in conformity with current or former Minnesota Statutes, section 169.121, 169.129, 169A.20, 609.21, 609.2112, 609.2113, or 609.2114.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; L 2000 c 478 art 2 s 7; 27 SR 707; L 2014 c 180 s 9

Minn. R. 7503.0800 Revocation Periods

Subpart 1. Statutory periods.

The commissioner shall revoke drivers' licenses or nonresident driving privileges for the minimum periods prescribed in current or former Minnesota Statutes, sections 169.121, 169.123, 169A.52, 169A.54, and 171.17, subdivision 4.

Subp. 2.

[Repealed, L 2013 c 117 art 3 s 41; 39 SR 238]

Subp. 3. For aggravated violations.

Upon receiving a record of conviction of a person under former Minnesota Statutes, section 169.129, or under a statute of another state in conformity with it, the commissioner shall revoke the driver's license or driving privilege of that person for a period of 30 days, 90 days, or one year. The length of the revocation period depends on the number of previous convictions for violations of current or former Minnesota Statutes, section 169.129 or 171.24, or a statute of another state in conformity with either of them, on the person's driving record during the three-year period preceding the date of the latest conviction. The revocation period must be:

A. 30 days, if there are no previous convictions;

B. 90 days, if there is one previous conviction; or

C. one year, if there are two or more previous convictions. A revocation ordered for a conviction under former Minnesota Statutes, section 169.129, runs consecutively with any other revocation imposed as a consequence of the same incident upon which the revocation for conviction under former Minnesota Statutes, section 169.129, is based.

Subp. 4. Out-of-state convictions.

The period of revocation for incidents occurring outside this state must be the period of revocation that would be imposed if the incident had occurred and the person were convicted in Minnesota.

Subp. 5. For personal injury or fatality.

When the commissioner has sufficient cause to believe that a personal injury or fatality occurred in connection with an alcohol- or controlled-substance-related incident upon which a revocation under current or former Minnesota Statutes, section 169.121, subdivision 4, or 169A.54, is based, the period of revocation must be increased as follows:

A. for a personal injury, the additional period of revocation must be 180 days;

B. for a fatality, the additional period of revocation must be one year.

Subp. 6. Revocation effective until reinstatement.

In all cases the driver's license or driving privilege remains revoked until the person satisfies all conditions of reinstatement and the commissioner issues a new license or notifies the person of reinstatement.

Subp. 7.

[Repealed, 35 SR 2019]

History

• Statutory Authority: MS s 14.06; 14.386; 14.388; 169.128; 169.798; 169A.75; 171.165; 171.306; 299A.01
• History: 10 SR 1427; 15 SR 2406; 22 SR 1103; L 2000 c 478 art 2 s 7; 27 SR 707; 35 SR 2019; L 2013 c 117 art 3 s 41; 39 SR 238

Minn. R. 7503.0900 Notice of Revocation, Issuing Temporary Licenses

Subpart 1. Temporary driver's license.

Notice of revocation served by a court or by a peace officer is valid as a temporary driver's license for the same class and with the same restrictions, limitations, and certifications of the original driver's license. Notice of revocation does not serve as a temporary driver's license if the person does not have a valid driver's license or driving privilege when the notice of revocation is served.

If the notice of revocation and temporary driver's license is issued by a court, the temporary driver's license period expires on the final day on which an appeal of the conviction can be taken from the court. If the notice of revocation and temporary driver's license is issued by a peace officer, the temporary driver's license expires on the seventh day after notice was served.

Subp. 2. Notice served by court.

Notice of license revocation is served by the court when a person is convicted of violating current or former Minnesota Statutes, section 169.121 or 169A.20. The commissioner shall provide a format to the court for serving the notice of revocation and issuing a temporary license. A completed notice must contain the information specified in this subpart and other information provided by the commissioner that the commissioner considers appropriate:

A. the person's full name, date of birth, driver's license number, height and weight, and current residential address including street number, city, state, and zip code;

B. the date notice is served and the revocation is effective;

C. the date of the incident upon which the conviction is based;

D. the traffic citation number and court file number;

E. the minimum length of the revocation period;

F. a statement advising the person that all driving privileges are revoked upon expiration of the temporary license period and the expiration date of any temporary license;

G. a statement indicating that no temporary driver's license was issued if the person did not have valid driving privileges at the time of the incident; and

H. the signature of the judge issuing the revocation notice.

Subp. 3. Notice served by peace officer.

Notice of license revocation is served by a peace officer when a person is subject to revocation under current or former Minnesota Statutes, section 169.123 or 169A.52.

A. The commissioner shall provide the peace officer with the notice of revocation and temporary license.

B. A completed revocation notice must contain:

Subp. 4. Notice served by commissioner.

Notice of license revocation must be served by the commissioner when a person is subject to revocation under Minnesota Statutes, section 169A.52, and valid notice is not served by a peace officer; when a person is convicted of violating current or former Minnesota Statutes, section 169.121 or 169A.20, and notice is not served by a court; when an additional revocation period is imposed under current or former Minnesota Statutes, section 169.121, subdivision 4, or 169A.54, in the case of a personal injury or fatality; or when requirements imposed from a previous revocation have not been satisfied.

A. The commissioner shall establish the format for serving the notice of revocation.

B. A completed notice must contain the information specified in this item and may contain other information provided by the commissioner that the commissioner considers appropriate:

Subp. 5. Notice of revocation to other states.

If the driving privilege of a nonresident is revoked under Minnesota Statutes, section 169A.52, 169A.54, 609.2112, 609.2113, or 609.2114, or Minnesota Statutes 2012, section 609.21, the commissioner, pursuant to Minnesota Statutes, sections 169A.52, subdivision 8, and 171.15, subdivision 1, shall forward a report of the revocation to the licensing authority of the nonresident's home state and to any other state in which the commissioner knows the person to hold a license.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; L 2000 c 478 art 2 s 7; 27 SR 707; L 2014 c 180 s 9

Minn. R. 7503.1000 Administrative Review of Suspension, Revocation, Disqualification

Subpart 1. Right to administrative review.

A person whose driver's license is suspended under Minnesota Statutes, section 171.187, revoked under Minnesota Statutes, section 169A.52, or who is disqualified under Minnesota Statutes, section 171.165, subdivision 2, has the right to an administrative review of the suspension order, revocation order, or disqualification under the procedure specified in part 7409.4600, subparts 1 to 4, Minnesota Statutes, sections 169A.53, subdivision 1, and 171.187, subdivision 4.

Subp. 2.

[Repealed, 27 SR 707]

Subp. 3.

[Repealed, 27 SR 707]

Subp. 4.

[Repealed, 27 SR 707]

Subp. 5.

[Repealed, 27 SR 707]

Subp. 6.

[Repealed, 27 SR 707]

History

• Statutory Authority: MS s 14.06; 14.386; 169.128; 169.798; 169A.75; 171.165; 171.306; 299A.01
• History: 10 SR 1427; 15 SR 2406; L 2000 c 478 art 2 s 7; 27 SR 707; 39 SR 238

Minn. R. 7503.1100 [Repealed, 27 SR 707]

[Repealed, 27 SR 707]

Minn. R. 7503.1200 Reinstatement Following Revocation

Subpart 1. Conditions.

Except as stated in part 7503.1800, the commissioner shall not reinstate a driver's license or nonresident driving privilege after revocation under current or former Minnesota Statutes, section 169.121, 169.123, 169A.52, 169A.54, or 171.17, unless:

A. the revocation period has expired;

B. the person has paid a reinstatement fee as required by Minnesota Statutes, section 171.29;

C. the person has applied for a new license and paid the application fee for the class of license involved;

D. the person has passed the driver's license examination required for issuance of a license as specified under parts 7410.4000 to 7410.5600 and Minnesota Statutes, section 171.13; and

E. if the incident is a second conviction under current or former Minnesota Statutes, section 169.121, 169.129, or 169A.20, the person has submitted a certification from the court that:

Subp. 2. Notice of expiration of revocation period.

The commissioner shall notify a person whose period of revocation has expired. The notice must be sent by first class mail, and shall contain a statement informing the person of the conditions of reinstatement and the consequences of driving prior to reinstatement.

Subp. 3. Reinstatement order; time of reinstatement.

The driver's license of the subject of a reinstatement notice as specified in subpart 2, must be reinstated on the date and time the reinstatement notice is issued to the subject by the commissioner.

A. The reinstatement notice may be issued by first class mail to the residential address on file with the department, or transmitted by facsimile or electronic means.

B. Reinstatement of the subject's driver's license is not effective until the reinstatement notice is issued.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; L 2000 c 478 art 2 s 7; 27 SR 707

Minn. R. 7503.1250 Special Review and Notice

When a person incurs two alcohol- or controlled-substance-related incidents within ten years or has three incidents on record in more than ten years, the commissioner shall require the person to complete, sign, and return a special review notice.

A. The special review notice must either be sent by the commissioner to the driver by first class mail to the driver's residential address listed on the driver's record or be included with the revocation notice served by the peace officer.

B. The special review notice must require the driver to acknowledge in writing that the driver understands that an alcohol- or controlled-substance-related incident not currently on the driver's Minnesota driving record may result in the cancellation and denial of driving privileges in Minnesota.

C. Completion of the special review notice by the driver must be notarized or witnessed by an authorized representative of the commissioner and placed on the driver's record.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 22 SR 1103; L 2000 c 478 art 2 s 7; 27 SR 707

Minn. R. 7503.1300 License Cancellation and Denial

Subpart 1. Failure to return completed special review notice form.

The commissioner shall cancel and deny the driver's license and driving privilege of any person who fails to complete, sign, and return the special review notice form as described in part 7503.1250.

Subp. 2. Multiple alcohol- or controlled-substance-related incidents.

The commissioner shall cancel and deny the driver's license or the driving privilege of a person who:

A. has incurred three alcohol- or controlled-substance-related incidents within the past ten years;

B. has incurred three of these incidents and a special review has been completed and entered in the driver's record within ten years of the third incident, except that this item does not apply if any of these incidents occurred on or after July 1, 2011; or

C. has four or more of these incidents on record.

Subp. 3.

[Repealed, 27 SR 707]

History

• Statutory Authority: MS s 14.06; 14.388; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; 22 SR 1103; L 2000 c 478 art 2 s 7; 27 SR 707; 35 SR 2019

Minn. R. 7503.1400 Notice of License Cancellation and Denial

The commissioner shall notify a person of license cancellation and denial by first class mail. The notice must set forth the reason for the cancellation and denial and the conditions for reinstatement of the driver's license or privilege to drive.

History

• Statutory Authority: MS s 169.128; 169A.75
• History: 10 SR 1427; L 2000 c 478 art 2 s 7

Minn. R. 7503.1500 Administrative Review Following Cancellation and Denial

The commissioner shall grant an administrative review according to the procedures in part 7409.4600, subparts 1 to 4, to review the order of cancellation and denial to any person whose license has been canceled or whose application for a license has been denied.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; L 2000 c 478 art 2 s 7; 27 SR 707

Minn. R. 7503.1600 Reinstatement Following Cancellation

The commissioner shall deny the application for a driver's license, including the application for a limited license, to a person whose license has been canceled, unless:

A. no withdrawal of the person's driver's license or driving privilege is outstanding;

B. a completed, signed, and returned special review notice is entered on the person's driving record; and

C. if the incident is the third alcohol- or controlled-substance-related incident within a ten-year period, or the third incident on record and a special review notice was completed, signed, and entered in the driver's record within ten years of the third incident, or if the person has four or more of these incidents on record, the person has completed rehabilitation. Reinstatements following rehabilitation must be conditioned upon continued abstinence from the use of alcohol and controlled substances.

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; 22 SR 1103; L 2000 c 478 art 2 s 7; 27 SR 707

Minn. R. 7503.1650 Ignition Interlock Device Program; Qualification

Subpart 1. Ignition interlock device pilot project participant.

A person whose driving privilege has been revoked under Minnesota Statutes, chapter 169A, for an impaired driving incident and is continuously participating in the ignition interlock device pilot project under Minnesota Statutes, section 171.306, on or before June 30, 2011, is not subject to the ignition interlock device program guidelines, the rules governing the program, or the statutory requirements under Minnesota Statutes, section 171.306, in effect on or after July 1, 2011. Any subsequent alcohol- or controlled-substance-related incident incurred by a participant in the pilot project on or after July 1, 2011, will result in termination from the pilot project.

Subp. 2. Cancellation and denial prior to July 1, 2011.

A person whose driver's license or driving privilege was canceled and denied under part 7503.1300, subpart 2, prior to July 1, 2011, and chooses to participate in the ignition interlock device program shall do so for not less than three years, or for a period of time that is based on the number of qualified impaired driving incidents as specified in Minnesota Statutes, section 169A.55, subdivision 4, whichever is longer. Such a participant is subject to the requirements of the program as if the cancellation and denial was effective on or after July 1, 2011.

Subp. 3. Revocation prior to July 1, 2011.

A person whose driver's license or driving privilege was revoked under Minnesota Statutes, section 169A.52 or 171.17, subdivision 1, paragraph (a), clause (2), prior to July 1, 2011, and chooses to participate in the ignition interlock device program is subject to the requirements of the program as if the revocation was effective on or after July 1, 2011.

Subp. 4. Revocation prior to July 1, 2014.

A person whose driver's license or driving privilege was revoked under Minnesota Statutes, section 171.17, subdivision 1, paragraph (a), clause (1), for a violation of Minnesota Statutes, section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4), subdivision 2, clause (2), item (i) or (iii), (3), or (4), or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or Minnesota Statutes 2012, section 609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm prior to July 1, 2014, may choose to participate in the ignition interlock device program. A participant under this subpart is subject to the requirements of the program.

History

• Statutory Authority: MS s 14.388; 171.306
• History: 35 SR 2019; 40 SR 501

Minn. R. 7503.1675 Ignition Interlock Device Program; Termination

Pursuant to Minnesota Statutes, section 171.306, subdivision 5, paragraph (b), the commissioner shall terminate a program participant's participation in the program for a nonprogram violation under Minnesota Statutes, chapter 169, or a departmental action under Minnesota Statutes, chapter 171, that results in the withdrawal of a program participant's driving privilege for more than one year; provided, however, that this part does not apply to a driver whose license has been revoked under Minnesota Statutes, section 171.17, subdivision 1, paragraph (a), clause (1), or a driver whose license has been suspended under Minnesota Statutes, section 171.187, for a violation of Minnesota Statutes, section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or subdivision 2, clause (2), item (i) or (iii), (3), or (4), or subdivision 3, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.

History

• Statutory Authority: MS s 14.386; 14.388; 171.306
• History: 35 SR 2019; 39 SR 238; 40 SR 501

Minn. R. 7503.1700 Rehabilitation

Subpart 1. When applicable.

A person whose driving privilege has been canceled and denied prior to July 1, 2011, is subject to the provisions of this part, unless the person chooses to participate in the ignition interlock device program. A person must complete rehabilitation or participate in the ignition interlock device program whenever:

A. the person's driver's license or driving privileges have been canceled and denied following involvement in three or more alcohol- or controlled-substance-related incidents within the past ten years;

B. a third alcohol- or controlled-substance-related incident occurs within ten years from the date the completed, signed, and returned special review notice is entered on the person's driving record; or

C. there are four or more incidents on record.

Subp. 2. Rehabilitation requirements.

To complete rehabilitation, a person must:

A. successfully complete chemical dependency treatment following the last documented date of the use of alcohol or a controlled substance and submit evidence to the commissioner of chemical dependency treatment that satisfies the following requirements:

B. participate in a generally recognized support group based on ongoing abstinence, at least once a week for 12 consecutive weeks immediately before submitting to the commissioner evidence showing compliance with the rehabilitation requirements;

C. abstain from the use of alcohol and the use of controlled substances, attest to the abstinence for a period prescribed in subpart 5, and furnish evidence of abstinence for the required period to the commissioner; and

D. appear for a rehabilitation interview at one of the department's driver evaluation offices.

Subp. 2a. Variance to amount of treatment.

The commissioner may grant a variance from the durational amounts of chemical dependency treatment set forth in subpart 2, item A, subitems (2) and (3), and item B.

A. Variances must be requested by the person to whom the treatment applies and be approved on an individual basis.

B. If the subject obtains an assessment from a chemical dependency treatment program that treatment is not needed and the subject has abstained for one year past the minimum abstinence time required in subpart 5, then the treatment required in subpart 2, item A, subitems (3) and (4), may be waived.

C. No variance to the requirement for treatment will be granted if the commissioner has sufficient cause to believe that the subject has ever provided false documentation or information to the commissioner relative to rehabilitation.

Subp. 2b. Variance procedure.

The individual requesting the variance shall submit the variance request in writing to the commissioner. The request must contain:

A. the specific language in the rule or rules from which the variance is requested;

B. the reasons why the rule cannot be met; and

C. a description of the alternative treatment that will be taken to ensure a comparable degree of protection to the public safety if the variance is granted.

Subp. 2c. Variance criteria; conditions.

The commissioner shall grant a variance request if:

A. the request was made as prescribed in subpart 2b;

B. the variance will have no potential adverse effect on public safety;

C. the alternative treatment to be taken is equivalent to or superior to that prescribed in the applicable rule;

D. strict compliance with the applicable rule will impose an undue burden on the applicant;

E. the variance has only future effect; and

F. the variance does not vary a statutory standard.

Subp. 2d. Notice of decision.

The commissioner shall notify the individual in writing of the commissioner's decision to grant or deny the variance.

A. If the variance is granted, the notice must specify the period of time for which the variance will be effective and the alternative treatment and conditions the applicant must meet.

B. The commissioner shall deny the variance request if the commissioner determines that the criteria in subpart 2b or 2c are not met.

C. If the variance is denied, the denial notice must specify the reasons for the denial and indicate that the individual may request a review of the commissioner's decision by the chemical abuse review panel established under part 7503.2200.

D. Alternative measures or conditions attached to the variance have the force and effect of the applicable rule.

E. If the party violates the alternative measures or conditions attached to the variance, the party is subject to the enforcement actions and penalties attached to the applicable law or rule.

F. The individual to whom a variance has been issued shall notify the commissioner in writing within 30 days of a material change in the conditions on which the variance was granted.

Subp. 3. Evidence of chemical dependency treatment.

Evidence of chemical dependency treatment submitted to the commissioner consists of written material supplied by the treating program. It must include:

A. the last reported date of use of alcohol or a controlled substance;

B. the starting and ending dates of primary treatment or relapse treatment;

C. the number of program hours for primary treatment or relapse treatment;

D. verification of successful completion of all treatment, including primary treatment or relapse treatment and aftercare if required by the treatment program; and

E. a discharge summary with a prognosis and any recommended aftercare program. If the prognosis is not favorable or if the person fails to complete an aftercare program recommended by the treating program, the commissioner shall reinstate the person's driver's license and driving privilege only following completion of an abstinence period of one year in addition to the abstinence periods prescribed in subpart 5.

Subp. 4. Abstinence documentation.

Every person applying for reinstatement after rehabilitation must sign a statement acknowledging the person's awareness that abstinence from the use of alcohol and controlled substances is a condition of licensure.

A. The commissioner shall provide the format for the statement to the person applying for license reinstatement.

B. The statement must contain an acknowledgment as well as an advisory that the commissioner shall cancel and deny the driver's license and driving privilege of the person if the commissioner has sufficient cause to believe that the person has consumed alcohol or a controlled substance, whether or not the circumstances involve the operation of a motor vehicle.

C. The restriction to abstain from the consumption of alcohol and abuse of controlled substances must be placed on the person's driver's license and driving record.

D. To substantiate abstinence, the person must sign a statement, on a format provided by the commissioner, attesting to the date on which the person applying for license reinstatement last consumed alcohol or a controlled substance. This statement must be notarized or completed in the presence of an authorized representative of the commissioner.

E. The person applying for license reinstatement also must furnish to the commissioner at least five supporting statements, signed and dated within 30 days of submission, from persons:

F. Each statement must:

Subp. 4a.

[Repealed, 27 SR 707]

Subp. 5. Abstinence periods.

Evidence of abstinence furnished by the person must substantiate a period of abstinence as provided in this chapter. Rehabilitation is not complete if the commissioner has sufficient cause to believe that the person has not abstained from the use of alcohol or a controlled substance for the period claimed.

The required period of documented abstinence is:

A. for a person who has not previously undergone rehabilitation, one year;

B. for a person who has once completed rehabilitation, three years; or

C. for a person who has completed rehabilitation two or more times, six years. If the person is incarcerated or lives in a controlled environment, such as a halfway house, the length of time the person is under these conditions counts as half-time towards completion of the abstinence periods required in items A to C. A minimum of six months must be spent in an uncontrolled environment immediately before submitting evidence to the commissioner showing compliance with all rehabilitation requirements.

Subp. 6. Failure to abstain following rehabilitation.

The commissioner shall cancel and deny the driver's license and driving privilege of a person on sufficient cause to believe that the person has consumed alcohol or a controlled substance after the documented date of abstinence. The commissioner shall not reinstate the driver's license or driving privilege of a person until the rehabilitation requirements of this chapter have been completed. This subpart does not apply to the consumption of a controlled substance in accordance with a medical prescription.

Subp. 7. Rehabilitation interview.

A person seeking reinstatement following rehabilitation shall appear in person for an interview at one of the department's driver evaluation offices to discuss the effectiveness of rehabilitation on the person's driving ability and problem of chemical abuse. The person shall schedule the interview in advance and must provide the commissioner with the written material required for rehabilitation under this chapter before the date on which the interview is scheduled.

Subp. 8. Fraudulent documentation.

If a person submits fraudulent documentation of rehabilitation, the commissioner shall reinstate the person's driver's license and driving privilege only following completion of all rehabilitation requirements and a cancellation period of one year in addition to the abstinence periods prescribed in subpart 5. Fraudulent documentation of rehabilitation is the deliberate submission of information that is false or misleading and includes falsified attendance or treatment records, falsified records showing incorrect abstinence periods, or other altered and incorrect records or documents.

Subp. 9. Additional offense.

If a person required to complete rehabilitation under subpart 1 has any additional alcohol or controlled-substance incidents before beginning or completing rehabilitation, the commissioner shall reinstate the person's driver's license and driving privilege only after completion of all rehabilitation requirements and an abstinence period of one year in addition to the abstinence periods prescribed in subpart 5.

History

• Statutory Authority: MS s 14.06; 14.388; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; 22 SR 1103; L 2000 c 478 art 2 s 7; 27 SR 707; 35 SR 2019

Minn. R. 7503.1725 Ignition Interlock Device Program; Rehabilitation

Subpart 1. When applicable.

A. The following persons are subject to the provisions of this part:

B. A person must complete rehabilitation whenever:

Subp. 2. Issuance of limited license with ignition interlock device installation.

The commissioner shall issue a limited license to a person, or a limited driving privilege to a nonresident, for one year for participation in the ignition interlock device program when the person has met the requirements of this subpart. The person must:

A. be 18 years of age or older and in possession of a driver's license, as defined in Minnesota Statutes, section 171.01, subdivision 37; or

B. be 18 years of age or older and in possession of a nonresident driver's license according to the National Driver Register; and

C. complete a substance use disorder assessment after the last documented date of the use of alcohol or controlled substance that:

D. provide proof of enrollment in treatment or other programs as recommended in the substance use disorder assessment report. If the report indicates that treatment or other programs are not necessary, then the person must provide the commissioner with the substance use disorder assessment report. Proof of the substance use disorder assessment or proof of enrollment in a treatment or other program must be transmitted electronically to the commissioner from the treatment center or the assessor or alcohol and drug counselor completing the assessment. The commissioner shall verify the substance use disorder assessment for accuracy and validity. If the commissioner has sufficient cause to believe that the person provided fraudulent documentation relative to the requirements under this part, the commissioner shall not accept the substance use disorder assessment report and shall require that the person complete a new substance use disorder assessment. For purposes of this subpart, "fraudulent documentation" means the deliberate submission of information that is false or misleading and includes falsified assessment or treatment records, falsified records showing incorrect abstinence periods, or other altered and incorrect records or documents;

E. substantiate abstinence by signing a statement, on a form provided by the commissioner, attesting to the date on which the person applying for license reinstatement last consumed alcohol or a controlled substance. The statement must be notarized or completed in the presence of an authorized representative of the commissioner;

F. provide a certificate of insurance stating that the coverage for any vehicle equipped with an ignition interlock device is noncancelable for a period not to exceed 12 months;

G. complete the requirements under Minnesota Statutes, section 171.306, subdivision 4;

H. satisfy the requirements under Minnesota Statutes, section 171.30; and

I. be eligible for a limited license under parts 7409.3600 and 7503.1800.

Subp. 3. Conditional reinstatement of restricted driver's license with ignition interlock device restriction.

Notwithstanding part 7503.1600, item C, the commissioner shall issue a restricted driver's license with an ignition interlock device restriction to a person, or issue a restricted driving privilege with an ignition interlock device restriction to a nonresident, when the person or nonresident has met the requirements of subpart 2 and provides the commissioner with the following:

A. evidence of chemical dependency treatment that has been transmitted electronically to the commissioner from the treatment center or the assessor or alcohol and drug counselor completing the assessment that includes:

B. a certificate of insurance stating that the coverage for any vehicle equipped with an ignition interlock device is noncancelable for a period not to exceed 12 months.

Subp. 4. Abstinence documentation.

Every person applying for a restricted driver's license after rehabilitation must sign a statement acknowledging the person's awareness that abstinence from the use of alcohol and controlled substances is a condition of licensure.

A. The commissioner shall provide the format for the statement to the person applying for license reinstatement.

B. The statement must contain an acknowledgment as well as an advisory that the commissioner shall cancel and deny the driver's license and driving privilege of the person if the commissioner has sufficient cause to believe that the person has consumed alcohol or used a controlled substance, whether or not the circumstances involve the operation of a motor vehicle.

C. The restriction to abstain from the consumption of alcohol and use of controlled substances must be placed on the person's driver's license and driving record.

Subp. 5. Required abstinence period for removal of ignition interlock device.

A. The commissioner shall not remove the ignition interlock device restriction from a person's driver's license record whose driving privileges have been canceled and denied under Minnesota Statutes, section 169A.52; 169A.54; 171.04, subdivision 1, clause (10), or part 7503.1300, until the person has met the requirements under Minnesota Statutes, sections 169A.55, subdivision 4, and 171.306, subdivisions 3 and 4.

B. During the course of the rehabilitation period, the person must demonstrate regular and consistent use of the ignition interlock device as evidenced by no fewer than 30 breath alcohol concentration tests of less than .02 per month.

Subp. 6. Failure to abstain following abstinence documentation.

A. A person whose driving privilege is canceled and denied under subpart 4 and who has completed the ignition interlock device program may reenroll in the ignition interlock device program under Minnesota Statutes, section 171.306, for a period of 12 months.

B. The commissioner shall issue a restricted driver's license or a restricted driving privilege with an ignition interlock device restriction to a person upon reenrollment in the ignition interlock device program and proof of installation of a device on the person's vehicle.

C. The commissioner shall not remove the ignition interlock device restriction from the driver's license or driving privilege of a person under this subpart until:

D. This subpart does not apply to the consumption of a controlled substance in accordance with a medical prescription.

History

• Statutory Authority: MS s 14.386; 14.388; 171.306
• History: 35 SR 2019; 39 SR 238; 40 SR 501; L 2025 c 38 art 4 s 41

Minn. R. 7503.1750 [Repealed, 27 SR 707]

[Repealed, 27 SR 707]

Minn. R. 7503.1775 Employment Exception

Subpart 1. Authority.

Pursuant to Minnesota Statutes, section 171.306, subdivision 4, paragraph (b), the commissioner shall grant an employment exception variance to a program participant when the conditions of variance have been satisfied in order for the program participant to drive, operate, or be in physical control of an employer-owned motor vehicle.

Subp. 2. Persons not eligible.

The commissioner shall not grant an employment exception variance to a program participant who is self-employed, or to a person who wholly or partially owns an entity that owns an employer-owned motor vehicle.

Subp. 3. Restrictions and limitations.

A program participant who is granted an employment variance shall not drive, operate, or be in physical control of any of the following:

A. a rental car in the normal course and scope of employment duties;

B. an employer-owned motor vehicle for personal use; or

C. a Type III vehicle, within the meaning of Minnesota Statutes, section 169.011, where the program participant is transporting children under the age of 18 or vulnerable adults within the meaning of Minnesota Statutes, section 626.5572, subdivision 21.

Subp. 4. Variance procedure.

The program participant requesting the variance shall submit the variance request in writing to the commissioner. The request must include a letter from the program participant's employer that:

A. describes the program participant's need for use of an employer-owned motor vehicle;

B. specifies the normal course and scope of employment duties of the program participant;

C. avers that the employer-owned motor vehicle to be operated by the program participant must display special registration plates under Minnesota Statutes, section 169A.60; and

D. must be notarized or completed in the presence of an authorized representative of the commissioner.

Subp. 5. Variance criteria; conditions.

The commissioner shall grant a variance request if:

A. the request was made as prescribed in subpart 4;

B. the variance will have no potential adverse effect on public safety;

C. the variance has only future effect; and

D. the variance does not vary a statutory standard.

Subp. 6. Notice of decision.

The commissioner shall notify the program participant in writing of the commissioner's decision to grant or deny the variance.

A. If the variance is granted, the notice must specify the period of time for which the variance will be effective.

B. The commissioner shall deny the variance request if the commissioner determines that the criteria in subpart 4 or 5 are not met.

C. If the variance is denied, the denial notice must specify the reasons for the denial and indicate that the program participant may request a review of the commissioner's decision. A person who disagrees with a decision of the commissioner issued under this part may request a contested case hearing. The request for a contested case hearing must be submitted in writing to the commissioner within 15 days of the date of the commissioner's decision. The request for a contested case hearing must set out in detail the reasons why the person contends the decision of the commissioner should be reversed or modified. If the commissioner receives a written request for a contested case hearing, the commissioner shall schedule a hearing within 30 days after the request is received under the procedures in Minnesota Statutes, sections 14.57 to 14.62, and the contested case rules of the Office of Administrative Hearings in parts 1400.5010 to 1400.8400. The decision of the administrative law judge shall be submitted to the commissioner for the commissioner's consideration. The commissioner's decision on the issue under appeal is the final decision of the department.

D. The program participant must have proof of the variance in the program participant's possession while driving, operating, or being in physical control of the employer-owned motor vehicle.

E. If the program participant violates the conditions attached to the variance, the program participant is subject to the enforcement actions and penalties attached to the applicable law or rule.

F. The program participant to whom a variance has been granted shall notify the commissioner in writing within 15 calendar days of a change in the conditions on which the variance was granted, or if the program participant is no longer employed by the employer under whom the variance is granted.

History

• Statutory Authority: MS s 14.388
• History: 35 SR 2019

Minn. R. 7503.1800 Limited Licenses

Subpart 1. Authority.

Pursuant to Minnesota Statutes, section 171.30, the commissioner shall issue a limited license following a revocation or suspension in connection with an alcohol- or controlled-substance-related incident when the conditions of issuing a limited license have been satisfied.

Subp. 2. Persons not eligible.

The commissioner shall issue a limited license to a person only when the person complies with the waiting period and conditions specified in this part, part 7409.3600, and Minnesota Statutes, section 171.30.

Subp. 3. Conditions of issuance.

Before a limited license may be issued under Minnesota Statutes, section 171.30, subdivision 1, the person must:

A. apply for a new license and pay the application fee for the class of license involved;

B. pass the driver's license examinations as required by parts 7410.4000 to 7410.5600, and Minnesota Statutes, section 171.13;

C. pay a reinstatement fee as required by Minnesota Statutes, section 171.29, at the time of payment; and

D. request a limited license by written correspondence, facsimile, or email, by personal appearance at the department, or by telephone.

Subp. 3a. Judicial review waiver.

Except for persons enrolled in the ignition interlock device program under Minnesota Statutes, section 171.306, the commissioner shall waive subpart 3, items A, B, and C if the person has filed a petition for judicial review in the appropriate court and has furnished a copy of the petition to the commissioner. If the revocation is sustained on judicial review, the requirements must be met before reinstatement of driving privileges.

Subp. 4. Restrictions and limitations.

The commissioner shall restrict and limit the time and use of a limited license as provided in part 7409.3600 and Minnesota Statutes, section 171.30, subdivision 1.

Subp. 4a. No limited commercial license.

The commissioner shall not issue a limited class A, B, or C license under Minnesota Statutes, section 171.30, during the period the individual is disqualified from holding a commercial class A, B, or C license under Minnesota Statutes, section 171.165.

Subp. 4b. Limited class D license issuance exceptions.

The commissioner shall not issue a limited class D license under Minnesota Statutes, section 171.30, to an individual:

A. if the license is suspended under part 7503.0200, suspended for criminal vehicular homicide or injury, or suspended for manslaughter with a motor vehicle;

B. for employment to operate a class A school bus or child care or activity bus as described in Minnesota Statutes, section 169.011 or 171.02; or

C. for employment to operate a special transportation service vehicle as described in Minnesota Statutes, sections 221.012, subdivision 38, and 473.386.

Subp. 4c. Limited licensure to juveniles.

The commissioner shall not issue a limited license for 90 days under Minnesota Statutes, section 171.30, to any person who:

A. was under the age of 21 at the time of the violation; and

B. committed a second violation of Minnesota Statutes, section 169A.33.

Subp. 4d. Ignition interlock device exceptions.

The commissioner shall issue a limited license to a program participant, subject to Minnesota Statutes, section 171.306, subdivision 4, paragraph (c), and part 7503.1725, for the following purposes, except that these purposes are not subject to part 7409.3600, subpart 4, item A:

A. appearing in court for an offense under Minnesota Statutes, sections 169A.20, and 169A.50 to 169A.53;

B. meeting with the program participant's probation officer for an alcohol-related incident as scheduled or required;

C. participating in a generally recognized support group based on ongoing alcohol abstinence, controlled substance abstinence, or both, no more than three times a week or as otherwise ordered by the court;

D. attending medical or psychological treatment that is ordered by a court as a result of a violation of Minnesota Statutes, sections 169A.20, and 169A.50 to 169A.53; and

E. device calibration as required in Minnesota Statutes, section 171.306, subdivision 3.

Subp. 5. Administrative review following denial of limited license.

The commissioner shall grant a person an administrative review according to the procedures in part 7409.4600 to review a decision not to issue a limited license to that person.

Subp. 6. Issuance of limited class D instruction permit.

A. The commissioner shall issue a limited class D instruction permit to a resident of the state whose driving privilege is canceled and denied under Minnesota Statutes, section 171.04, subdivision 1, clause (10), or 171.17, subdivision 1, paragraph (a), clause (2), for a period of one year, in order to comply with Minnesota Statutes, section 171.306. Before a limited class D instruction permit may be issued under Minnesota Statutes, section 171.05, subdivision 1, the person must:

B. The commissioner shall restrict and limit a limited class D instruction permit:

C. The commissioner shall not issue a class D license with ignition interlock device restriction to a person who has possessed a limited class D instruction permit for one year until the person:

D. The commissioner shall not issue a class D limited license with ignition interlock device installation to a person who has possessed a limited class D instruction permit for less than one year until the person:

History

• Statutory Authority: MS s 14.06; 14.386; 14.388; 169.128; 169.798; 169A.75; 171.165; 171.306; 299A.01
• History: 10 SR 1427; 15 SR 2406; L 2000 c 478 art 2 s 7; 27 SR 707; 35 SR 2019; 39 SR 238

Minn. R. 7503.1900 [Repealed, 27 SR 707]

[Repealed, 27 SR 707]

Minn. R. 7503.2000 Substance Use Disorder Assessments Required by Commissioner

Subpart 1. Substance use disorder assessment required.

When the commissioner, under Minnesota Statutes, section 171.13, has reasonable cause to believe a person is unable to exercise ordinary and reasonable control in the operation of a motor vehicle due to the consumption of alcohol or a controlled substance, the commissioner shall determine the individual's fitness to operate a motor vehicle safely upon the highways by requiring the person to have a substance use disorder assessment. The commissioner shall notify the person by first class mail to the driver's residence address listed on the driver's record that the assessment is required.

Subp. 2. By whom conducted.

A substance use disorder assessment conducted under current or former Minnesota Statutes, section 169.121, subdivision 8, or 169A.54, subdivision 11, must be conducted by an agency approved by the county or district court as outlined in Minnesota Statutes, section 169A.70.

Subp. 3. Suspension for failure to complete substance use disorder assessment.

If a person required to submit to a substance use disorder assessment under current or former Minnesota Statutes, section 169.121, subdivision 8, or 169A.54, subdivision 11, fails to submit the assessment report to the commissioner or fails to appear for an assessment within 30 days after notification that a substance use disorder assessment is required, the commissioner shall suspend the driver's license or driving privilege of that person.

A. If any treatment or action is required from the substance use disorder assessment, the commissioner shall establish a deadline based on the type of action or treatment required and the particular needs of the person, provided that the deadline shall not be less than 60 days from the date of the substance use disorder assessment.

B. If the action or treatment is not completed before the established deadline, the commissioner shall suspend the driver's license or driving privilege of the person for the period of time prescribed in part 7503.0300, subpart 2.

C. The commissioner shall not suspend any person's driver's license or driving privilege for failing to complete a substance use disorder assessment required exclusively under section 169A.70.

Subp. 4.

[Repealed, 27 SR 707]

History

• Statutory Authority: MS s 14.06; 169.128; 169.798; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; L 2000 c 478 art 2 s 7; 27 SR 707; L 2025 c 38 art 4 s 41

Minn. R. 7503.2100 [Repealed, 22 SR 1103]

[Repealed, 22 SR 1103]

Minn. R. 7503.2200 Chemical Abuse Review Panel

Subpart 1. Establishment and composition.

A chemical abuse review panel is established to review the type of chemical dependency treatment imposed by the commissioner or accepted by the commissioner. Members of the panel must be certified chemical dependency counselors or other health care professionals experienced in the area of chemical abuse and selected by the commissioner based on the recommendation of the Department of Human Services.

Subp. 2. Procedure.

Applications for review by the chemical abuse review panel are governed by the following procedures:

A. A request for review by the chemical abuse review panel must be submitted to the commissioner in writing together with copies of the written materials the person wishes to have considered. This request may include a written request for copies of the materials submitted to the panel by the commissioner. No personal appearance will be granted before the chemical abuse review panel.

B. The commissioner shall submit the person's requests and materials to the chemical abuse review panel not more than 30 days from receipt of the request for review.

C. The commissioner may submit written materials for consideration by the chemical abuse review panel. These materials will be supplied to the applicant if requested.

D. Both parties have the right to submit additional written material for rebuttal until the review date.

E. On the review date, the written material submitted by both parties will be sent to the chemical abuse review panel.

F. After receiving the written materials, the chemical abuse review panel shall recommend an alternative form of chemical dependency treatment to the commissioner if the person establishes that the type of treatment or diagnosis is not appropriate or correct under the individual circumstances of that person's case. The chemical abuse review panel shall recommend to the commissioner that the type of treatment be changed only if the person establishes that the type of treatment or diagnosis is appropriate or correct under the individual circumstances of that person's case.

G. The chemical abuse review panel shall report its recommendations to the commissioner within 15 days of submission of the written materials by the commissioner.

H. The commissioner shall promptly report the recommendations of the chemical abuse review panel to the person. Under no circumstances may full driving privileges be granted. The commissioner shall decide whether to follow the recommendations of the panel and shall promptly report that decision together with a statement of reasons for the decision to the person. Notice of the commissioner's decision must contain a statement describing the person's right to challenge the final decision in district court.

I. Not more than one review per year may be made available to a person, with a maximum of two reviews made available during an individual period of license cancellation.

History

• Statutory Authority: MS s 14.06; 169.128; 169A.75; 171.165; 299A.01
• History: 10 SR 1427; 15 SR 2406; 22 SR 1103; L 2000 c 478 art 2 s 7

Minn. R. 7503.2300 [Repealed, 27 SR 707]

[Repealed, 27 SR 707]

Minn. R. 7503.2400 Repealed by subpart

Subpart 1.

[Repealed, 27 SR 707]

Subp. 2.

[Repealed, L 2005 1Sp6 art 3 s 108]

Subp. 3.

[Repealed, L 2005 1Sp6 art 3 s 108]

Subp. 4.

[Repealed, L 2005 1Sp6 art 3 s 108]

Minn. R. 7503.2500 Notice of Disqualification of Commercial Driving Privilege

Subpart 1. Notice served by peace officer.

Notice of disqualification is served by a peace officer when a person is subject to disqualification under Minnesota Statutes, section 171.165, subdivision 2.

A. The issuing peace officer must forward to the commissioner on the same or next business day a copy of the notice of disqualification together with any license certificates surrendered by the person, the peace officer's incident reports, and the implied consent advisory and peace officer's certificate.

B. The commissioner shall provide the format for the notice of disqualification and issuing temporary licenses.

C. A completed notice must contain the information specified in this subpart and may contain other information provided by the commissioner that the commissioner considers appropriate:

Subp. 2. Notice by commissioner.

Notice of disqualification must be served by the commissioner when a person is subject to disqualification under Minnesota Statutes, section 171.165, subdivision 1, clause (1), and notice is not served by a court; a person is subject to disqualification under Minnesota Statutes, section 171.165, subdivision 2, and notice is not served by a peace officer; or, when requirements imposed from a previous disqualification have not been satisfied.

A. The notice must be in writing and sent by first class mail to the residential address shown on the driver's record.

B. The commissioner shall establish a format for serving the notice of disqualification.

C. A completed notice must contain the information specified in this subpart and may contain other information provided by the commissioner that the commissioner considers appropriate:

Subp. 3. Notice to other states.

When a nonresident commercial vehicle driver is convicted of violating current or former Minnesota Statutes, section 169.1211, 169A.20, or 169A.31, the commissioner shall report that conviction to the driver's state of residence.

History

• Statutory Authority: MS s 14.06; 169.798; 169A.75; 171.165; 299A.01
• History: 15 SR 2406; L 2000 c 478 art 2 s 7; 27 SR 707

Minn. R. 7503.2600 Issuing Class D Licenses

Subpart 1. Class D license eligibility.

A person who is disqualified from holding a commercial driver's license but whose license is not otherwise under suspension, revocation, or cancellation and denial, must be issued a class D license. The class D license is valid until its expiration date or the commercial driver's license is reinstated, whichever is earlier, if the driver's privileges are not suspended, revoked, or canceled and denied, at any time during that period. If the class D license expires during the disqualification period, the person has the option of paying the commercial driver's license fee at the time of renewal for the classification under disqualification, but commercial motor vehicle privileges must not be reinstated until the requirements of part 7503.2800 are fulfilled.

Subp. 2. Obtaining paper class D license.

A person who has been disqualified from operating commercial motor vehicles and is eligible for a class D license under subpart 1, will be issued a temporary class D license with the notice of disqualification. A paper license will be mailed by the department to the person at no cost. A person who has received notice of disqualification from a peace officer under part 7503.2500, subpart 1, may bring the notice of disqualification to a driver's license examination station where a paper record of examination will be completed by an examiner at no cost. This record will serve as a 90-day temporary license for the operation of class D vehicles only. If the period of disqualification exceeds 90 days, a paper class D license will be issued to the person by mail to the address on department records.

Subp. 3. Obtaining class D license card.

A person who would prefer a class D license card must apply for a duplicate class D license. Duplicate license fees must be paid and a receipt will be issued to the person showing the existence of class D driving privileges. The class D license card will be mailed to the person when it has been manufactured. A minimum of 90 days must be remaining in the disqualification period before a class D license card will be issued.

Subp. 4. Class A, B, or C license status.

The disqualified person will receive the original class A, B, or C license after fulfilling the reinstatement requirements under part 7503.2800 unless the license has expired and more than one year has elapsed since the expiration date. If the license has expired and more than one year has elapsed, the person must reapply and retest for a class A, B, or C license.

History

• Statutory Authority: MS s 14.06; 171.165
• History: 15 SR 2406; 21 SR 458

Minn. R. 7503.2700 [Repealed, 27 SR 707]

[Repealed, 27 SR 707]

Minn. R. 7503.2800 Reinstatement Following Disqualification

Subpart 1. Conditions of reinstatement.

The commissioner shall reinstate the commercial motor vehicle driving privileges of a person who has been disqualified under Minnesota Statutes, section 171.165, subdivision 1, clause (1), or subdivision 2, if the following requirements have been satisfied:

A. the disqualification period has been served and expired;

B. the person has paid the reinstatement fee as required by Minnesota Statutes, section 171.20;

C. the requirements imposed during this or any previous disqualification period have been satisfied; and

D. if issued, the class D license card has been invalidated by the department.

Subp. 2. Notice of reinstatement.

After the person fulfills the reinstatement requirements, the department will notify the person of reinstatement. Reinstatement of the subject's driver's license is not effective until the notice of reinstatement is issued by the commissioner.

Subp. 3. When reinstatement is effective.

When a person's driving privileges have been withdrawn, they must be reinstated at the time and date the commissioner determines the reinstatement requirements have been met.

A. Reinstatement is effective on the date and time specified in the notice of reinstatement issued by the commissioner.

B. The notice of reinstatement must be issued by first class mail to the person subject to reinstatement.

C. The subject's driving record must reflect reinstatement at the time and date the notice of reinstatement is issued.

History

• Statutory Authority: MS s 14.06; 169.798; 169A.75; 171.165; 299A.01
• History: 15 SR 2406; 21 SR 458; 27 SR 707

Minn. R. 7503.2900 Sale of Vehicle Subject to Impound Order

A. For purposes of implementing Minnesota Statutes, section 171.60, any motor vehicle sold while its registration plates are subject to an impoundment order or during the time the vehicle's registration plates bear a special series number, must be sold for no less than valid consideration.

B. The phrase "sale for valid consideration," as used in Minnesota Statutes, section 171.60, subdivision 14, means the average value of similar vehicles established by standards and guides used by the commissioner, whether paid in money or otherwise.

History

• Statutory Authority: MS s 14.06; 169.798; 169A.75; 171.165; 299A.01
• History: 27 SR 707

Chapter 7504 FIREARMS DEALERS; SECURITY STANDARDS

Minn. R. 7504.0100 Definitions

Subpart 1. Scope.

For purposes of this chapter, the terms in subparts 2 to 6 have the meanings given them.

Subp. 2. Firearms dealer.

"Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistols are sold from a permanent business location other than the dealer's home. For the purposes of this chapter, a dealer's home does not include the following:

A. a building located on property that is zoned commercial;

B. a business location where the square footage used for the business of selling firearms exceeds the square footage used for the dealer's residence; or

C. a building located on the same property as the dealer's home that is not attached to the dealer's home.

Subp. 3. Small firearms dealer.

"Small firearms dealer" means a firearms dealer who operates a retail business at which no more than 50 pistols are displayed for sale at any time.

Subp. 4. Large firearms dealer.

"Large firearms dealer" means a firearms dealer who operates a retail business at which more than 50 pistols are displayed for sale at any time.

Subp. 5. Pistol.

"Pistol" includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle (1) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. Pistol does not include a device firing or ejecting a shot measuring .18 of an inch or less in diameter and commonly known as a BB gun, a scuba gun, a stud gun or nail gun used in the construction industry, or children's pop guns or toys.

Subp. 6. Displayed for sale.

"Displayed for sale" means a pistol available for sale to customers that is either displayed or stored at the dealer's place of business. This does not include pistols temporarily stored at the place of business for repair or servicing.

History

• Statutory Authority: MS s 624.7161
• History: 18 SR 944

Minn. R. 7504.0200 Security Measures for Small Firearms Dealers

After business hours when the dealer's place of business is unattended, a small firearms dealer shall place all pistols that are located in the dealer's place of business in a locked safe or locked steel gun cabinet, or on a locked, hardened steel rod or cable that runs through the pistols' trigger guards.

A. The door to a safe must be recessed or flush and made of at least seven gauge steel. The body of a safe must be made of hot rolled steel of at least 12 gauge thickness. A safe must have an Underwriters Laboratory (UL) listed Group 2 combination lock.

B. A rod or cable used to secure a pistol must be hardened steel. The rod or cable must be at least one-fourth inch in diameter. The rod or cable must be secured with a hardened steel lock which has a shackle that is protected or shielded from attack by a bolt cutter.

C. No more than five pistols may be affixed to any one rod or cable.

D. The safe, gun cabinet, rod, or cable must be anchored to prevent its removal from the premises.

E. The door to a gun cabinet must be made of at least 14 gauge steel. The door may be recessed, flush, or overlapping. If the door is flush or overlapping, it must be designed to conceal the location of the locking bolts and hinges from the outside of the cabinet. The door must be reinforced and must be attached to the body by one continuous hinge or at least two hinges that are located either inside or outside the body. If the hinges are located outside the body of the safe, the safe must have an interior locking system consisting of permanent or movable locking pins securing the door from the inside when it is in the closed position. The body of a gun cabinet must be made of hot rolled steel of at least 14 gauge thickness, and must be continuously welded to create a single, solid structure. A gun cabinet must have either a UL-listed group two combination lock or a UL-listed key lock that is encased in a high security, drill-resistant lock body. A key lock must use a restricted key that can only be duplicated by a factory-authorized source.

History

• Statutory Authority: MS s 624.7161
• History: 18 SR 944

Minn. R. 7504.0300 Security Measures for Large Firearms Dealers

A large firearms dealer shall comply with the requirements of items A to H or the requirements of part 7504.0200, items A to D, except that a large firearms dealer shall not use a gun cabinet.

A. The dealer shall install vehicle-resistant barriers to prevent the penetration of the dealer's place of business by a motor vehicle. The barriers must protect any areas that are accessible to vehicles and that have a free run distance of 50 feet or more.

B. The dealer shall secure each perimeter doorway according to subitem (1), (2), or (3).

C. A dealer shall cover all windows with steel bars that are anchored internally to the wall joists.

D. A dealer shall secure a room where pistols are stored after hours with a locked steel door or metal grating.

E. A dealer shall not display pistols within four feet of a window unless the window is covered by metal screen that is anchored internally to the wall joists.

F. A dealer shall secure heating, ventilating, air conditioning, and service openings with steel bars, metal grating, or an alarm system as described in part 7504.0400.

G. A dealer shall illuminate each perimeter doorway so that the doorway is clearly visible after dark from a distance of 100 feet.

H. Metal grates and grating must have spaces no larger than six inches wide along any diagonal. Metal screen must have spaces no larger than three inches wide along any diagonal. Steel bars must be no more than six inches apart on center.

History

• Statutory Authority: MS s 624.7161
• History: 18 SR 944

Minn. R. 7504.0400 Electronic Security for All Firearms Dealers

A firearms dealer shall install and maintain an electronic security system that meets the requirements of items A to I.

A. The system must emit an audible alarm at the dealer's place of business when triggered.

B. The system must transmit a silent alarm when triggered. The silent alarm must be transmitted directly to a public safety answering point where this service is available. If no local public safety answering point provides an alarm-monitoring service, the silent alarm must automatically transmit a violation signal to a UL-approved monitoring station that must notify an appropriate law enforcement agency within two minutes of receiving the violation signal.

C. A large firearms dealer's system must include a backup silent alarm that transmits the alarm as provided in item B if the primary transmission system fails.

D. The system must include a line cut alarm unless the incoming phone lines are hardened by routing them through underground conduit or similar protective barrier. The line cut alarm must be triggered when the phone line is cut, and must emit an audible alarm.

E. The system must monitor all exterior doors, windows, and other entry points, including but not limited to heating, ventilating, air conditioning, and customer and service entry points.

F. The system must use motion and heat sensors to monitor pistol storage areas and alarm control boards.

G. The system must monitor all interior doors that provide access to pistol storage areas.

H. All components of the system must be UL-approved.

I. All components of the system must be independently tested and certified to comply with this part at least once per year. The test must be conducted by an alarm system installation or monitoring firm or a person approved by the alarm system manufacturer or distributor. Written certification must be available for inspection by a local law enforcement authority.

History

• Statutory Authority: MS s 624.7161
• History: 18 SR 944

Minn. R. 7504.0500 Inspection by Law Enforcement

A firearms dealer shall make its place of business available to local law enforcement officials during normal business hours for the purpose of verifying compliance with this chapter. A local law enforcement official is not required to give advance notice of an inspection.

History

• Statutory Authority: MS s 624.7161
• History: 18 SR 944

Minn. R. 7504.0600 Exemptions

Upon written request from a firearms dealer, the commissioner of public safety shall grant an exemption from compliance with a requirement of this chapter if the following conditions are met:

A. the request identifies the requirement from which the dealer wants to be exempt;

B. the request identifies security measures used in lieu of complying with the requirement;

C. the requirement is not specifically set out in statute; and

D. the commissioner determines that the security measures will provide a degree of security similar to the degree of security provided by the requirement or will cause a delay in the unauthorized entry into the dealer's business premises equivalent to the delay provided by complying with the requirement.

History

• Statutory Authority: MS s 624.7161
• History: 18 SR 944

Chapter 7505 HEARING PROCEDURES

Minn. R. 7505.0100 [Renumbered 3050.0100]

[Renumbered 3050.0100]

Minn. R. 7505.0200 [Renumbered 3050.0200]

[Renumbered 3050.0200]

Minn. R. 7505.0300 [Renumbered 3050.0300]

[Renumbered 3050.0300]

Minn. R. 7505.0400 [Renumbered 3050.0400]

[Renumbered 3050.0400]

Minn. R. 7505.0500 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.0600 [Renumbered 3050.0600]

[Renumbered 3050.0600]

Minn. R. 7505.0700 [Renumbered 3050.0700]

[Renumbered 3050.0700]

Minn. R. 7505.0750 [Renumbered 3050.0750]

[Renumbered 3050.0750]

Minn. R. 7505.0800 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.0900 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1000 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1100 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1200 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1300 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1400 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1500 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1600 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1700 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1800 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.1900 [Renumbered 3050.1900]

[Renumbered 3050.1900]

Minn. R. 7505.2000 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.2100 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.2200 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.2300 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.2400 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.2500 [Repealed, 13 SR 661]

[Repealed, 13 SR 661]

Minn. R. 7505.2600 [Renumbered 3050.2600]

[Renumbered 3050.2600]

Minn. R. 7505.2700 [Renumbered 3050.2700]

[Renumbered 3050.2700]

Minn. R. 7505.2800 [Renumbered 3050.2800]

[Renumbered 3050.2800]

Minn. R. 7505.2900 [Renumbered 3050.2900]

[Renumbered 3050.2900]

Minn. R. 7505.3000 [Repealed, 17 SR 2284]

[Repealed, 17 SR 2284]

Minn. R. 7505.3100 [Renumbered 3050.3100]

[Renumbered 3050.3100]

Minn. R. 7505.3200 [Renumbered 3050.3200]

[Renumbered 3050.3200]

Minn. R. 7505.3300 [Renumbered 3050.3300]

[Renumbered 3050.3300]

Minn. R. 7505.3400 [Renumbered 3050.3400]

[Renumbered 3050.3400]

Minn. R. 7505.3500 [Renumbered 3050.3500]

[Renumbered 3050.3500]

Minn. R. 7505.3600 [Renumbered 3050.3600]

[Renumbered 3050.3600]

Minn. R. 7505.3700 [Renumbered 3050.3700]

[Renumbered 3050.3700]

Minn. R. 7505.3750 [Renumbered 3050.3750]

[Renumbered 3050.3750]

Minn. R. 7505.3800 [Renumbered 3050.3800]

[Renumbered 3050.3800]

Minn. R. 7505.3900 [Renumbered 3050.3900]

[Renumbered 3050.3900]

Minn. R. 7505.4000 [Renumbered 3050.4000]

[Renumbered 3050.4000]

Minn. R. 7505.4100 [Renumbered 3050.4100]

[Renumbered 3050.4100]

Chapter 7510 STATE FIRE CODE

Minn. R. 7510.0200 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.0300 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.0400 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.0500 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.1100 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.1200 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.1300 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.1400 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.1500 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.1600 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.1700 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.1800 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.1900 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.2000 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.2100 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.2200 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.2300 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.2400 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.2500 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.3000 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.3100 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3110 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3120 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3130 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3140 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3150 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3160 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3170 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3180 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3190 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3200 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3210 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3220 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3230 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3240 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3250 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3260 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3270 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3280 [Repealed, 18 SR 580]

[Repealed, 18 SR 580]

Minn. R. 7510.3290 [Renumbered 7510.3490]

[Renumbered 7510.3490]

Minn. R. 7510.3300 [Renumbered 7510.3500]

[Renumbered 7510.3500]

Minn. R. 7510.3310 [Renumbered 7510.3510]

[Renumbered 7510.3510]

Minn. R. 7510.3320 [Renumbered 7510.3520, subpart 1]

[Renumbered 7510.3520, subpart 1]

Minn. R. 7510.3330 Repealed by subpart

Subpart 1.

[Renumbered 7510.3520, subp 2]

Subp. 2.

[Repealed, 22 SR 2300]

Subp. 3.

[Repealed, 22 SR 2300]

Subp. 3a.

[Renumbered 7510.3520, subp. 3]

Subp. 4.

[Renumbered 7510.3520, subp. 4]

Subp. 5.

[Repealed, 22 SR 2300]

Subp. 6.

[Renumbered 7510.3700, subp. 2]

Subp. 7.

[Repealed, 22 SR 2300]

Subp. 8.

[Repealed, 22 SR 2300]

Subp. 9.

[Repealed, 22 SR 2300]

Minn. R. 7510.3340 Repealed by subpart

Subpart 1.

[Renumbered 7510.3520, subp. 5]

Subp. 2.

[Renumbered 7510.3520, subp. 6]

Minn. R. 7510.3350 [Renumbered 7510.3530]

[Renumbered 7510.3530]

Minn. R. 7510.3360 Repealed by subpart

Subpart 1.

[Renumbered 7510.3550]

Subp. 2.

[Repealed, 22 SR 2300]

Subp. 3.

[Renumbered 7510.3560, subpart 1]

Subp. 3a.

[Renumbered 7510.3560, subp. 2]

Subp. 3b.

[Renumbered 7510.3560, subp. 3]

Subp. 3c.

[Renumbered 7510.3560, subp. 4]

Subp. 3d.

[Renumbered 7510.3560, subp. 5]

Subp. 4.

[Repealed, 22 SR 2300]

Subp. 5.

[Renumbered 7510.3560, subp. 6]

Subp. 6.

[Repealed, 22 SR 2300]

Subp. 7.

[Renumbered 7510.3560, subp. 7]

Subp. 8.

[Renumbered 7510.3560, subp. 8]

Subp. 9.

[Renumbered 7510.3560, subp. 9]

Subp. 10.

[Renumbered 7510.3560, subp. 10]

Subp. 11.

[Renumbered 7510.3560, subp. 11]

Subp. 12.

[Renumbered 7510.3560, subp. 12]

Subp. 13.

[Renumbered 7510.3560, subp. 13]

Subp. 14.

[Renumbered 7510.3560, subp. 14]

Subp. 15.

[Renumbered 7510.3560, subp. 15]

Subp. 16.

[Renumbered 7510.3560, subp. 16]

Minn. R. 7510.3370 Repealed by subpart

Subpart 1.

[Renumbered 7510.3570, subpart 1]

Subp. 1a.

[Renumbered 7510.3570, subp. 2]

Subp. 2.

[Renumbered 7510.3570, subp. 3]

Subp. 3.

[Renumbered 7510.3570, subp. 4]

Subp. 4.

[Renumbered 7510.3570, subp. 5]

Subp. 5.

[Renumbered 7510.3570, subp. 6]

Subp. 6.

[Renumbered 7510.3570, subp. 7]

Subp. 7.

[Renumbered 7510.3570, subp. 8]

Subp. 8.

[Renumbered 7510.3570, subp. 9]

Minn. R. 7510.3380 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.3390 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.3400 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.3410 [Renumbered 7510.3600]

[Renumbered 7510.3600]

Minn. R. 7510.3420 [Renumbered 7510.3620]

[Renumbered 7510.3620]

Minn. R. 7510.3430 [Renumbered 7510.3630]

[Renumbered 7510.3630]

Minn. R. 7510.3440 Repealed by subpart

Subpart 1.

[Repealed, 22 SR 2300]

Subp. 2.

[Renumbered 7510.3650, subpart 1]

Subp. 3.

[Repealed, 22 SR 2300]

Subp. 3a.

[Renumbered 7510.3650, subp. 2]

Subp. 4.

[Renumbered 7510.3650, subp. 3]

Subp. 5.

[Renumbered 7510.3610, subp. 5]

Subp. 6.

[Repealed, 22 SR 2300]

Subp. 7.

[Repealed, 22 SR 2300]

Subp. 8.

[Renumbered 7510.3610, subp. 6]

Minn. R. 7510.3450 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.3460 [Renumbered 7510.3670]

[Renumbered 7510.3670]

Minn. R. 7510.3470 [Renumbered 7510.3690]

[Renumbered 7510.3690]

Minn. R. 7510.3480 Repealed by subpart

Subpart 1.

[Renumbered 7510.3710, subpart 1]

Subp. 2.

[Renumbered 7510.3710, subp. 2]

Subp. 3.

[Renumbered 7510.3710, subp. 3]

Subp. 4.

[Repealed, 22 SR 2300]

Subp. 5.

[Renumbered 7510.3710, subp. 4]

Subp. 6.

[Renumbered 7510.3710, subp. 5]

Subp. 6a.

[Renumbered 7510.3710, subp. 6]

Subp. 7.

[Renumbered 7510.3710, subp. 7]

Subp. 8.

[Renumbered 7510.3710, subp. 8]

Subp. 8a.

[Renumbered 7510.3710, subp. 9]

Subp. 8b.

[Renumbered 7510.3710, subp. 10]

Subp. 9.

[Renumbered 7510.3710, subp. 11]

Subp. 10.

[Renumbered 7510.3710, subp. 12]

Minn. R. 7510.3490 [Repealed, 32 SR 10; see 7511.0010]

[Repealed, 32 SR 10; see 7511.0010]

Minn. R. 7510.3500 [Repealed, 32 SR 10; see 7511.0020]

[Repealed, 32 SR 10; see 7511.0020]

Minn. R. 7510.3510 [Repealed, 32 SR 10; see 7511.0090]

[Repealed, 32 SR 10; see 7511.0090]

Minn. R. 7510.3520 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 10; see 7511.0101, subpart 1]

Subp. 2.

[Repealed, 32 SR 10; see 7511.0101, subp 2]

Subp. 2a.

[Repealed, 32 SR 10]

Subp. 2b.

[Repealed, 32 SR 10; see 7511.0102, subp 3]

Subp. 2c.

[Repealed, 32 SR 10; see 7511.0102, subp 4]

Subp. 2d.

[Repealed, 32 SR 10; see 7511.0104]

Subp. 2e.

[Repealed, 32 SR 10; see 7511.0106]

Subp. 3.

[Repealed, 32 SR 10; see 7511.0108, subpart 1]

Subp. 3a.

[Repealed, 32 SR 10; see 7511.0108, subp 2]

Subp. 4.

[Repealed, 27 SR 1480]

Subp. 5.

[Repealed, 27 SR 1480]

Subp. 6.

[Repealed, 27 SR 1480]

Subp. 7.

[Repealed, 32 SR 10; see 7511.0109]

Minn. R. 7510.3530 Repealed by subpart

Subpart 1.

[Renumbered as subp 1b]

Subp. 1a.

[Repealed, 32 SR 10; see 7511.0201]

Subp. 1b.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 2.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 3.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 3a.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 4.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 5.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 6.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 7.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 8.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 9.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 10.

[Repealed, 32 SR 10; see 7511.0202]

Subp. 11.

[Repealed, 32 SR 10; see 7511.0202]

Minn. R. 7510.3532 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 10; see 7511.0304]

Subp. 2.

[Repealed, 32 SR 10; see 7511.0307]

Subp. 3.

[Repealed, 32 SR 10]

Subp. 4.

[Repealed, 32 SR 10; see 7511.0315]

Subp. 5.

[Repealed, 32 SR 10; see 7511.0316]

Minn. R. 7510.3534 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 10; see 7511.0405]

Subp. 2.

[Repealed, 32 SR 10]

Subp. 3.

[Repealed, 32 SR 10; see 7511.0408, subpart 1]

Subp. 4.

[Repealed, 32 SR 10; see 7511.0408, subp 2]

Subp. 5.

[Repealed, 32 SR 10; see 7511.0408, subp 3]

Minn. R. 7510.3535 [Repealed, 32 SR 10]

[Repealed, 32 SR 10]

Minn. R. 7510.3536 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 10; see 7511.0603, subpart 1]

Subp. 2.

[Repealed, 32 SR 10; see 7511.0603, subp 2]

Subp. 3.

[Repealed, 32 SR 10; see 7511.0604]

Subp. 4.

[Repealed, 32 SR 10; see 7511.0607]

Subp. 5.

[Repealed, 32 SR 10]

Subp. 6.

[Repealed, 32 SR 10; see 7511.0610]

Subp. 7.

[Repealed, 32 SR 10; see 7511.0611]

Minn. R. 7510.3538 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 10]

Subp. 2.

[Repealed, 32 SR 10]

Subp. 3.

[Repealed, 32 SR 10; see 7511.0704]

Subp. 4.

[Repealed, 32 SR 10; see 7511.0705]

Minn. R. 7510.3540 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3542 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 10; see 7511.0801]

Subp. 2.

[Repealed, 32 SR 10]

Subp. 3.

[Repealed, 32 SR 10]

Subp. 4.

[Repealed, 32 SR 10]

Subp. 5.

[Repealed, 32 SR 10; see 7511.0807, subpart 1]

Subp. 6.

[Repealed, 32 SR 10; see 7511.0807, subp 2]

Minn. R. 7510.3550 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3560 Repealed by subpart

Subpart 1.

[Repealed, 27 SR 1480]

Subp. 1a.

[Repealed, 32 SR 10; see 7511.0901, subpart 1]

Subp. 2.

[Repealed, 32 SR 10]

Subp. 2a.

[Repealed, 32 SR 10]

Subp. 2b.

[Repealed, 32 SR 10]

Subp. 2c.

[Repealed, 32 SR 10]

Subp. 2d.

[Repealed, 32 SR 10; see 7511.0903, subp 4]

Subp. 3.

[Repealed, 32 SR 10; see 7511.0903, subp 6]

Subp. 3a.

[Repealed, 32 SR 10; see 7511.0903, subp 7]

Subp. 4.

[Renumbered as subp 2c]

Subp. 4a.

[Repealed, 32 SR 10; see 7511.0903, subp 8]

Subp. 4b.

[Repealed, 32 SR 10; see 7511.0903, subp 8]

Subp. 4c.

[Repealed, 32 SR 10; see 7511.0904]

Subp. 5.

[Repealed, 32 SR 10; see 7511.0905, subpart 1]

Subp. 6.

[Repealed, 27 SR 1480]

Subp. 7.

[Repealed, 27 SR 1480]

Subp. 7a.

[Repealed, 32 SR 10; see 7511.0905, subp 2]

Subp. 7b.

[Repealed, 32 SR 10]

Subp. 7c.

[Repealed, 32 SR 10]

Subp. 7d.

[Repealed, 32 SR 10; see 7511.0905, subp 4]

Subp. 7e.

[Repealed, 32 SR 10; see 7511.0905, subp 5]

Subp. 8.

[Repealed, 32 SR 10; see 7511.0907, subp 2]

Subp. 9.

[Repealed, 32 SR 10; see 7511.0907, subp 3]

Subp. 10.

[Repealed, 32 SR 10; see 7511.0907, subp 3]

Subp. 10a.

[Repealed, 32 SR 10; see 7511.0907, subp 3]

Subp. 10b.

[Repealed, 32 SR 10; see 7511.0907, subp 3]

Subp. 11.

[Repealed, 27 SR 1480]

Subp. 11a.

[Repealed, 32 SR 10; see 7511.0907, subp 4]

Subp. 12.

[Repealed, 32 SR 10; see 7511.0907, subp 5]

Subp. 13.

[Repealed by amendment, 27 SR 1480]

Subp. 13a.

[Repealed, 32 SR 10; see 7511.0907, subp 6]

Subp. 13b.

[Repealed, 32 SR 10; see 7511.0907, subp 7]

Subp. 14.

[Repealed, 32 SR 10; see 7511.0907, subp 8]

Subp. 15.

[Renumbered into subp 14]

Subp. 16.

[Repealed, 27 SR 1480]

Subp. 17.

[Renumbered 32 SR 10; see 7511.0907, subp 9]

Subp. 18.

[Repealed, 32 SR 10; see 7511.0907, subp 10]

Subp. 19.

[Repealed, 32 SR 10; see 7511.0907, subp 11]

Subp. 20.

[Repealed, 32 SR 10; see 7511.0907, subp 13]

Subp. 21.

[Repealed, 32 SR 10; see 7511.0907, subp 15]

Subp. 22.

[Repealed, 32 SR 10; see 7511.0907, subp 16]

Subp. 23.

[Repealed, 32 SR 10; see 7511.0907, subp 17]

Subp. 24.

[Repealed, 32 SR 10; see 7511.0907, subp 18]

Subp. 25.

[Repealed, 32 SR 10; see 7511.0907, subp 19]

Subp. 26.

[Repealed, 32 SR 10; see 7511.0907, subp 20]

Subp. 27.

[Repealed, 32 SR 10; see 7511.0907, subp 20]

Subp. 28.

[Repealed, 32 SR 10; see 7511.0907, subp 20]

Subp. 29.

[Repealed, 32 SR 10]

Subp. 30.

[Repealed, 32 SR 10; see 7511.0907, subp 25]

Subp. 31.

[Repealed, 32 SR 10; see 7511.0909, subp 2]

Subp. 32.

[Repealed, 32 SR 10; see 7511.0910, subpart 1]

Subp. 33.

[Repealed, 32 SR 10; see 7511.0910, subp 2]

Subp. 34.

[Repealed, 32 SR 10; see 7511.0910, subp 3]

Subp. 35.

[Repealed, 32 SR 10; see 7511.0910, subp 4]

Subp. 36.

[Repealed, 32 SR 10; see 7511.0910, subp 5]

Subp. 37.

[Repealed, 32 SR 10; see 7511.0910, subp 5]

Minn. R. 7510.3570 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3580 Repealed by subpart

Subpart 1.

[Renumbered as subp 1b]

Subp. 1a.

[Repealed, 32 SR 10; see 7511.1001, subpart 1]

Subp. 1b.

[Repealed, 32 SR 10; see 7511.1001, subp 2]

Subp. 1c.

[Repealed, 32 SR 10; see 7511.1002]

Subp. 1d.

[Repealed, 32 SR 10]

Subp. 1e.

[Repealed, 32 SR 10]

Subp. 2.

[Renumbered as subp 16]

Subp. 3.

[Repealed, 32 SR 10]

Subp. 3a.

[Repealed, 32 SR 10]

Subp. 3b.

[Repealed, 32 SR 10]

Subp. 4.

[Repealed, 32 SR 10]

Subp. 5.

[Repealed, 27 SR 1480]

Subp. 6.

[Repealed, 27 SR 1480]

Subp. 7.

[Repealed, 27 SR 1480]

Subp. 8.

[Repealed, 27 SR 1480]

Subp. 9.

[Repealed, 32 SR 10]

Subp. 10.

[Repealed, 32 SR 10]

Subp. 11.

[Repealed, 32 SR 10]

Subp. 12.

[Repealed, 32 SR 10]

Subp. 13.

[Repealed, 32 SR 10]

Subp. 14.

[Repealed, 32 SR 10]

Subp. 15.

[Repealed, 32 SR 10]

Subp. 16.

[Repealed, 32 SR 10]

Subp. 17.

[Repealed, 32 SR 10]

Subp. 18.

[Repealed, 32 SR 10]

Subp. 19.

[Repealed, 32 SR 10]

Minn. R. 7510.3585 [Repealed, 31 SR 1417]

[Repealed, 31 SR 1417]

Minn. R. 7510.3590 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3600 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3610 Repealed by subpart

Subpart 1.

[Repealed, 27 SR 1480]

Subp. 2.

[Repealed, 27 SR 1480]

Subp. 3.

[Repealed, 27 SR 1480]

Subp. 4.

[Repealed, 32 SR 10; see 7511.2206, subps 1,2,3]

Subp. 5.

[Repealed, 32 SR 10]

Subp. 6.

[Repealed, 27 SR 1480]

Subp. 7.

[Repealed, 32 SR 10; see 7511.2206, subp 4]

Subp. 8.

[Repealed, 32 SR 10]

Minn. R. 7510.3611 [Repealed, 32 SR 10; see 7511.2306]

[Repealed, 32 SR 10; see 7511.2306]

Minn. R. 7510.3620 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3625 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 10; see 7511.2703, subpart 1]

Subp. 2.

[Repealed, 32 SR 10; see 7511.2703, subp 2]

Minn. R. 7510.3630 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3640 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 10; see 7511.3301]

Subp. 2.

[Repealed, 27 SR 1480]

Subp. 3.

[Repealed, 27 SR 1480]

Subp. 4.

[Repealed, 32 SR 10; see 7511.3308, subpart 1]

Subp. 5.

[Repealed, 32 SR 10; see 7511.3308, subp 2]

Minn. R. 7510.3650 Repealed by subpart

Subpart 1.

[Repealed, 27 SR 1480]

Subp. 1a.

[Repealed, 32 SR 10]

Subp. 1b.

[Repealed, 32 SR 10; see 7511.3402]

Subp. 1c.

[Repealed, 32 SR 10; see 7511.3404, subpart 1]

Subp. 1d.

[Repealed, 32 SR 10; see 7511.3404, subp 4]

Subp. 1e.

[Repealed, 32 SR 10; see 7511.3406, subpart 1]

Subp. 2.

[Repealed, 32 SR 10; see 7511.3406, subp 2]

Subp. 3.

[Repealed, 32 SR 10; see 7511.3406, subp 3]

Minn. R. 7510.3660 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3670 [Repealed, 32 SR 10; see 7511.3800]

[Repealed, 32 SR 10; see 7511.3800]

Minn. R. 7510.3674 [Repealed, 32 SR 10; see 7511.4500]

[Repealed, 32 SR 10; see 7511.4500]

Minn. R. 7510.3675 [Repealed, 32 SR 10; see 7511.4600]

[Repealed, 32 SR 10; see 7511.4600]

Minn. R. 7510.3680 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3690 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3700 [Repealed, 27 SR 1480]

[Repealed, 27 SR 1480]

Minn. R. 7510.3710 Repealed by subpart

Subpart 1.

[Repealed, 32 SR 10; see 7511.7900]

Subp. 2.

[Repealed, 27 SR 1480]

Subp. 3.

[Repealed, 27 SR 1480]

Subp. 4.

[Repealed, 27 SR 1480]

Subp. 5.

[Repealed, 27 SR 1480]

Subp. 6.

[Repealed, 27 SR 1480]

Subp. 7.

[Repealed, 27 SR 1480]

Subp. 8.

[Repealed, 27 SR 1480]

Subp. 9.

[Repealed, 27 SR 1480]

Subp. 10.

[Repealed, 27 SR 1480]

Subp. 11.

[Repealed, 32 SR 10; see 7511.7900]

Subp. 12.

[Repealed, 32 SR 10; see 7511.7900]

Minn. R. 7510.4100 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.4200 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.4300 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.4400 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.4500 [Renumbered 7511.8000]

[Renumbered 7511.8000]

Minn. R. 7510.4600 [Renumbered 7511.8010]

[Renumbered 7511.8010]

Minn. R. 7510.4700 [Renumbered 7511.8020]

[Renumbered 7511.8020]

Minn. R. 7510.4800 [Renumbered 7511.8030]

[Renumbered 7511.8030]

Minn. R. 7510.4900 [Renumbered 7511.8040]

[Renumbered 7511.8040]

Minn. R. 7510.5100 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.5200 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.5300 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.5400 [Repealed, 14 SR 847]

[Repealed, 14 SR 847]

Minn. R. 7510.5500 [Renumbered 7511.8500]

[Renumbered 7511.8500]

Minn. R. 7510.5510 [Renumbered 7511.8510]

[Renumbered 7511.8510]

Minn. R. 7510.5520 [Renumbered 7511.8520]

[Renumbered 7511.8520]

Minn. R. 7510.5530 [Renumbered 7511.8530]

[Renumbered 7511.8530]

Minn. R. 7510.5540 Repealed by subpart

Subpart 1.

[Renumbered 7511.8540, subpart 1]

Subp. 2.

[Renumbered 7511.8540, subp. 2]

Subp. 3.

[Renumbered 7511.8540, subp. 3]

Subp. 4.

[Repealed, 31 SR 1417]

Minn. R. 7510.5550 [Renumbered 7511.8550]

[Renumbered 7511.8550]

Minn. R. 7510.5560 [Renumbered 7511.8560]

[Renumbered 7511.8560]

Minn. R. 7510.5570 [Renumbered 7511.8570]

[Renumbered 7511.8570]

Minn. R. 7510.6100 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6200 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6300 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6350 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6400 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6500 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6600 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6700 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6800 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6900 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.6910 [Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

[Repealed, L 1995 c 233 art 3 s 6; c 248 art 3 s 6]

Minn. R. 7510.7100 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.7200 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.7300 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.7400 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.8200 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.8300 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.8400 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.8500 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9920 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9930 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9935 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9940 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9945 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9950 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9955 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9960 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9965 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9970 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9975 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9980 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Minn. R. 7510.9985 [Repealed, 22 SR 2300]

[Repealed, 22 SR 2300]

Chapter 7511 FIRE CODE

Minn. R. 7511.0010 Purpose

The purpose of this chapter is to adopt uniform fire safety standards consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises.

History

• Statutory Authority: MS s 299F.011
• History: 32 SR 10

Minn. R. 7511.0020 Scope

The scope of this chapter is intended to be consistent with Minnesota Statutes, section 299F.011.

History

• Statutory Authority: MS s 299F.011
• History: 32 SR 10

Minn. R. 7511.0090 Codes and Standards Incorporated by Reference

Subpart 1. International Fire Code.

For purposes of this chapter, "IFC" means the 2018 edition of the International Fire Code as promulgated by the International Code Council, Inc., Washington, D.C. The IFC is incorporated by reference and made a part of Minnesota Rules pursuant to statutory authority, subject to the alterations and amendments in this chapter. Portions of this chapter reproduce text and tables from the IFC. The IFC is not subject to frequent change and is available at the office of the commissioner of the Department of Labor and Industry and at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155. The IFC is copyright 2017 by the International Code Council, Inc. All rights reserved.

Subp. 2.

[Repealed, 40 SR 1437]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 36 SR 1479; 40 SR 1437; 44 SR 610

Minn. R. 7511.0101 Section 101, General

Subpart 1. IFC Section 101.1.

IFC Section 101.1 is amended to read:

101.1 Title. This code shall be known as the Minnesota State Fire Code, may be cited as such, and will be referred to herein as "Fire Code" or "this code."

Subp. 2. IFC Section 101.

IFC Section 101 is amended by adding sections to read:

101.6 Local government amendments to Chapter 1. Any jurisdiction that adopts this code is authorized to make amendments to Chapter 1 of this code to provide a system for enforcement and administration within the jurisdiction. These amendments shall be equal to, in addition to, or more stringent than this code. None of the existing provisions of Chapter 1 shall be changed nor shall any amendment be made that interferes with the intent of the existing provisions nor the state fire marshal's duties and powers thereunder.

101.6.1 Local government rules. Any jurisdiction that adopts this code is authorized to adopt rules for the prevention and control of fires and fire hazards as may be necessary from time to time, to carry out the intent of this code, and that may be more restrictive than this code when the rules are necessary to protect life or property in the community. The governing body may adopt this code by ordinance. One certified copy of the ordinance containing the rules shall be filed with the clerk of the jurisdiction and shall be in effect immediately thereafter, and additional copies shall be kept in the office of the fire department for distribution to the public.

History

• Statutory Authority: MS s 299F.011
• History: 32 SR 10

Minn. R. 7511.0102 Section 102, Applicability

Subpart 1. IFC section 102.1.

IFC section 102.1 is amended, and sections added, to read:

102.1 Construction and design provisions. The construction and design provisions of this code shall apply to:

1. Structures, facilities, and conditions arising after the adoption of this code.

2. Existing structures, facilities, and conditions when identified in specific sections of this code.

3. Existing structures, facilities, and conditions that, in the opinion of the code official, constitute a distinct hazard to life and property.

102.1.1 Existing building features - application. Existing construction and design features that exceed the requirements for existing structures or facilities but are equal to or less than the requirements for new structures or facilities shall not be further diminished. Existing construction and design features that exceed the requirements for new structures or facilities are allowed to be removed. (See Section 901.6 concerning maintenance of fire protection systems.)

Subp. 2. IFC section 102.2.

IFC section 102.2 is amended by adding a section to read:

102.2.1 Operational provisions - defined. The operational provisions of this code are those operations defined in Sections 105.6.1 through 105.6.50.

Subp. 3. IFC section 102.7.3.

IFC section 102.7 is amended by adding a section to read:

102.7.3 References to ICC codes. The references to the codes and standards promulgated by the International Code Council (listed under ICC in Chapter 80) are modified as follows:

1. Wherever this code references the ICC Electrical Code, it means the Electrical Code, Minnesota Rules, chapter 1315.

2. Wherever this code references the International Building Code, it means the Minnesota Building Code, Minnesota Rules, chapter 1305.

3. Wherever this code references the International Fuel Gas Code, it means the Minnesota Mechanical Code, Minnesota Rules, chapter 1346.

4. Wherever this code references the International Mechanical Code, it means the Minnesota Mechanical Code, Minnesota Rules, chapter 1346.

5. Wherever this code references the International Plumbing Code, it means the Minnesota Plumbing Code, Minnesota Rules, chapter 4714.

6. Wherever this code references the International Residential Code, it means the Minnesota Residential Code, Minnesota Rules, chapter 1309.

7. Wherever this code references the International Existing Building Code, it means the Minnesota Conservation Code for Existing Buildings, Minnesota Rules, chapter 1311.

Subp. 4. IFC section 102.

IFC section 102 is amended by adding sections to read:

102.13 Standards for existing Group I occupancies. The provisions of protection in existing Group I-2 occupancies, and in existing Group I-3 occupancies used as detention and correctional facilities, shall be in accordance with the applicable provisions of the Life Safety Code, ANSI/NFPA 101, referred to as Standard No. 101, published by the National Fire Protection Association (Quincy, Massachusetts, 2012). Standard No. 101 is incorporated by reference, is not subject to frequent change and is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155.

Construction provisions of Standard No. 101 that are more restrictive than those found in the Building Code shall not be applicable. For the purposes of Section 102.13, construction provisions shall include those relating to type of construction, automatic fire-extinguishing and standpipe systems, fire alarm and detection systems, vertical opening protection, escape windows, exits, smoke barriers, accessibility for persons with disabilities, and hazardous area separations.

102.13.1 Standard 101 modified. Sections 23.3.7 through 23.3.7.3 of Standard No. 101 are deleted.

102.14 Mixed occupancies. Where a building is occupied for two or more uses not included in the same occupancy, the building or portion thereof shall be classified as a mixed occupancy. The mixed occupancy shall be further classified as either nonseparated uses or separated uses according to the Building Code. Areas of Group H shall only be as separated uses as permitted by the Building Code.

102.14.1 Separated uses. Each portion of the building shall be individually classified as to use. Each fire area shall comply with the Fire Code based on the use of that space. Provisions for egress between different occupancies shall be in accordance with Chapter 10.

102.14.2 Nonseparated uses. Each portion of the building shall be individually classified as to use. The most restrictive provisions of the Fire Code shall apply to the nonseparated uses. Provisions for egress between different occupancies shall be in accordance with Chapter 10.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: L 2005 c 56 s 2; 32 SR 10; L 2007 c 140 art 4 s 61; art 13 s 4; 40 SR 71; 40 SR 1437; 44 SR 610

Minn. R. 7511.0104 Section 104, General Authority and Responsibilities

IFC section 104.9 is amended by adding sections to read:

104.9.3 Performance-based fire and life safety design. The code official is authorized to approve performance-based fire and life safety designs where the code official finds that the proposed design has been conducted by an approved method. Approved performance-based designs shall be deemed as evidence of compliance with the intent of this code. Approvals under the authority herein contained shall be subject to the approval of the building code official whenever the design involves matters regulated by the Building Code. Sections 104.9.3.1 through 104.9.3.4 shall apply to performance-based designs.

104.9.3.1 Goals, objectives and acceptance criteria. Design goals, objectives and performance criteria shall be approved by the code official prior to the submission of a performance-based design report, calculations or analysis results. As a minimum, an approved performance-based design shall address the following objectives: life safety of occupants, firefighter safety, property protection, continuity of operations and safeguarding of the environment.

104.9.3.2 Peer review. To determine the acceptability of the performance-based design, the code official is authorized to request technical assistance in accordance with Section 104.7.2.

104.9.3.3 Engineer of record. Performance-based designs shall be prepared by, and bear the stamp of, a licensed design professional competent in the area of work. The design professional shall provide written confirmation to the code official before a certificate of occupancy is issued that the performance-based design has been properly implemented, that the operation or use of the building is within the limitations of the design and that adequate controls are in place to maintain compliance with the conditions of the design throughout the life of the building.

104.9.3.4 Annual recertification of performance-based design. Where a performance-based design has been approved and used, the property owner shall annually certify that the design features and systems have been maintained in accordance with the approved original performance-based design and assumptions and any subsequent approved changes or modifications to the original performance-based design.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.0105 Section 105, Permits

IFC section 105.7.21 is deleted.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.0106 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.0108 [Renumbered 7511.0109]

[Renumbered 7511.0109]

Minn. R. 7511.0109 [Renumbered 7511.0110]

[Renumbered 7511.0110]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 44 SR 610

Minn. R. 7511.0110 Section 110, Violations

IFC section 110.4 is amended to read:

110.4 Violation penalties. A person who violates a provision of this code shall be guilty of a misdemeanor.

(Subsection 110.4.1 remains unchanged.)

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.0201 Section 201, General

IFC section 201.4 is amended to read:

201.4 Terms not defined. When terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The Merriam-Webster Collegiate Dictionary, available on the Internet at www.merriam-webster.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 44 SR 610

Minn. R. 7511.0202 Section 202, General Definitions

IFC section 202 is amended by adding or amending definitions to read:

ADULT DAY CARE CENTER OR ADULT DAY SERVICES CENTER. A facility, licensed by the Department of Human Services under Minnesota Rules, parts 9555.9600 to 9555.9730, that provides a program of adult day care services to functionally impaired adults for periods of less than 24 hours per day in a setting other than a participant's home or the residence of the facility's operator.

AERIAL LUMINARIES. Aerial luminaries, sky lanterns, and similar devices are an unmanned type of balloon made from lightweight materials, which require a flame, candle, fuel cell, or other open flame to develop lift and propel them. When released, there is no way to control the flight path, altitude, or landing area.

AMBULATORY CARE FACILITY. Buildings or portions of buildings used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to individuals who are rendered incapable of self-preservation by the services provided. For the purposes of this chapter, federally certified end-stage renal disease facilities (kidney dialysis facilities) located on the level of exit discharge shall not be considered ambulatory care facilities.

AISLE. That portion of an exit that connects an aisle accessway to an exit access doorway, corridor, or an exit.

APPROVED. "Approved" means approval by the fire code official, pursuant to the Minnesota State Fire Code, by reason of:

A. inspection, investigation, or testing;

B. accepted principles;

C. computer simulations;

D. research reports; or

E. testing performed by either a licensed engineer or by a locally or nationally recognized testing laboratory.

AUTHORITY HAVING JURISDICTION. Any municipal fire code official serving within their appointed jurisdiction or the state fire marshal or any of their authorized representatives.

AUTOMOTIVE MOTOR-FUEL-DISPENSING FACILITY. That portion of property where flammable or combustible liquids or gases used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. For purposes of this definition, a motor vehicle is any self-propelled vehicle that: (1) conveys an operator, such as an automobile, truck, motorcycle, recreational vehicle, camper, all-terrain vehicle, snowmobile, lawn care vehicle, tractor, or dozer; and (2) is used for personal, commercial, recreational, maintenance, or construction purposes.

BUILDING CODE. The Minnesota Building Code, Minnesota Rules, chapter 1305.

CARE FACILITY. Occupancies used as care facilities shall be classified into the occupancy group category identified in the following table.

Table 202.1

Care Facility Classifications

1 "School age" means the age of a "school-age child" as defined in Minnesota Statutes 2018, section 245A.02, subdivision 16.

CHIEF. See FIRE CHIEF.

CORRIDOR. An interior passageway having a length at least three times its width, having walls, partitions, or other obstructions to exit travel over 6 feet (1,829 mm) in height on two opposing sides and having openings from rooms or similar spaces.

DECORATIVE MATERIALS. Combustible materials used for decorative effects such as curtains; draperies; streamers; surface coverings applied over building interior finishes for decorative, acoustical, or other effect; cloth; cotton batting; paper; plastics; vegetation; hay; split bamboo; straw; vines; leaves; trees; moss; and similar materials used for decorative effect. Decorative materials do not include educational materials that are displayed in an approved manner, ordinary window shades, floor coverings, interior finish materials used as surface coverings (See Chapter 8 for regulations of such materials) and materials 1/28 inch (0.9 mm) or less in thickness applied directly to a noncombustible backing.

FAMILY ADULT DAY SERVICES. A program providing services for up to eight functionally impaired adults for less than 24 hours per day in the license holder's primary residence in accordance with Minnesota Statutes, section 245A.143. This includes programs located in residences licensed by the Department of Human Services for adult foster care, provided not more than eight adults, excluding staff, are present in the residence at any time.

FAMILY DAY CARE HOME. A residence, licensed by the Department of Human Services under Minnesota Rules, parts 9502.0315 to 9502.0445, in which no more than ten children at any one time receive care, maintenance, and supervision by other than their relatives or legal guardians for less than 24 hours per day.

FIRE CHIEF. The chief officer of the fire department serving the jurisdiction or the chief's authorized representatives.

FIRE CODE OFFICIAL. The state fire marshal, the state fire marshal's authorized representative, fire chief, fire department representatives authorized by the fire chief, or other authority specifically designated by ordinance or regulation that is charged with the administration and enforcement of the code. The appointing authority shall ensure that the fire code official is competent by virtue of certification as a fire inspector, training, or experience in fire prevention inspections and enforcement.

FIRE DEPARTMENT. A regularly organized fire department, fire protection district, or fire company regularly charged with the responsibility of providing firefighting or fire protection services to the state or a political subdivision.

FLEET VEHICLE MOTOR-FUEL-DISPENSING FACILITY. That portion of a commercial, industrial, governmental, or manufacturing property where liquids used as fuels are stored and dispensed into the fuel tanks of motor vehicles that are used in connection with such businesses, by persons within the employ of such businesses. For purposes of this definition, a motor vehicle is any self-propelled vehicle that: (1) conveys an operator, such as an automobile, truck, motorcycle, recreational vehicle, camper, all-terrain vehicle, snowmobile, lawn care vehicle, tractor, or dozer; and (2) is used for personal, commercial, recreational, maintenance, or construction purposes.

GENERAL EVACUATION SIGNAL. "General evacuation signal" means a fire alarm occupant notification system in accordance with Section 907.5.

GROUP DAY CARE HOME. A residence, licensed by the Department of Human Services under Minnesota Rules, parts 9502.0315 to 9502.0445, in which at least 11 but not more than 14 children receive care, maintenance, and supervision by other than their relatives or legal guardians for less than 24 hours per day.

GUEST ROOM. A room or a group of rooms used or intended to be used for purposes of lodging by guests.

INTERMEDIATE BULK CONTAINER. A storage container meeting the requirements of and containing products authorized by the United States Department of Transportation Hazardous Materials Regulations, Code of Federal Regulations, title 49, or by Part 6 of the United Nations Recommendations on the Transport of Dangerous Goods for classes 31H1, 31H2, and 31HZ1.

INTERNATIONAL BUILDING CODE (IBC). The Minnesota Building Code, Minnesota Rules, chapter 1305.

INTERNATIONAL FUEL GAS CODE. The Minnesota Mechanical Code, Minnesota Rules, parts 1346.5050 to 1346.6014.

INTERNATIONAL MECHANICAL CODE. The Minnesota Mechanical Code, Minnesota Rules, parts 1346.0050 to 1346.1606.

INTERNATIONAL RESIDENTIAL CODE (IRC). The Minnesota Residential Code, Minnesota Rules, chapter 1309.

MECHANICAL CODE. The Minnesota Mechanical Code, Minnesota Rules, parts 1346.0050 to 1346.1606.

MINNESOTA BUILDING CODE. Minnesota Rules, chapter 1305.

MINNESOTA MECHANICAL CODE. Minnesota Rules, parts 1346.0050 to 1346.1606.

MINNESOTA RESIDENTIAL CODE. Minnesota Rules, chapter 1309.

MUNICIPALITY. Any statutory or home rule charter city, county, or town meeting the requirements of Minnesota Statutes, section 368.01, subdivision 1, the University of Minnesota, or the state for public buildings.

NFPA. National Fire Protection Association.

OCCUPANCY CLASSIFICATION. Except as modified by this part, for the purposes of this code, certain occupancies and uses are defined. All other subdefinitions in the IFC definition of "occupancy classification" that are not modified in this definition still apply:

Institutional Group I.

Group I-1. This occupancy shall include buildings, structures, or portions thereof for more than 16 persons who reside, on a 24-hour basis, in a supervised environment and receive custodial care services. Examples of this group include the following:

Alcohol and drug centers

Assisted living

Boarding care homes

Congregate care facilities

Convalescent facilities

Group homes

Halfway houses

Housing with services establishment

Residential board and care facilities

Social rehabilitation facilities

Supervised living facilities Class A-2

Occupancy conditions. Buildings of Group I-1 shall be classified as one of the following conditions:

Condition 1. This occupancy condition includes buildings in which all persons receiving custodial care, without any assistance, are capable of responding to an emergency situation to complete building evacuation.

Condition 2. This occupancy condition includes buildings in which there are any persons receiving custodial care who require limited verbal or physical assistance while responding to an emergency situation to complete building evacuation.

Six to 16 persons receiving custodial care. A facility housing at least six and not more than 16 persons receiving custodial care, all of whom are capable of self-preservation, shall be classified as Group R-4, Condition 1.

Five or fewer persons receiving custodial care. A facility with five or fewer persons receiving custodial care shall be classified as Group R-3.

Group I-2. This occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than five persons who are incapable of self-preservation. Examples of this group include the following:

Detoxification facilities

Foster care facilities

Hospitals

Nursing homes

Psychiatric hospitals

Supervised living facilities Class B-3

Occupancy conditions. Buildings of Group I-2 shall be classified as one of the following occupancy conditions:

Condition 1. This occupancy condition includes facilities that provide nursing and medical care but do not provide emergency care, surgery, obstetrics, or in-patient stabilization units for psychiatric or detoxification, including but not limited to nursing homes and foster care facilities.

Condition 2. This occupancy condition includes facilities that provide nursing and medical care and could provide emergency care, surgery, obstetrics, or in-patient stabilization units for psychiatric or detoxification, including but not limited to hospitals.

Five or fewer persons receiving care. A facility with five or fewer persons receiving care consistent with Group I-2 occupancies shall be classified as Group R-3.

Group I-4, Day care and day services facilities. This group includes buildings and structures occupied by more than five persons of any age who receive custodial care for less than 24 hours per day by persons other than parents or guardians, relatives by blood, marriage, or adoption, and in a place other than the home of the person receiving care. This group shall include, but not be limited to, the following:

Adult day services

Child day care

Classification as Group E. Day care and day services uses are classified as Group E occupancies in accordance with the following:

Adult day services centers serving only persons capable of self-preservation. Adult day services centers serving only persons who, without assistance, are capable of self-preservation under emergency conditions are classified as Group E.

Adult day services centers serving both persons capable and persons not capable of self-preservation. Adult day services centers are classified as Group E where all of the following conditions apply:

1. At least one person served but not more than 50 percent of persons served require assistance with self-preservation under emergency conditions.

2. The rooms in which the adults are cared for are located on the level of exit discharge serving such rooms, with all exits discharging directly to grade without intervening stairs. Each exit discharge shall provide an accessible route, without stairs, to the public way or safe dispersal area in accordance with the exception to Section 1028.5.

3. The day services center is protected with an automatic fire alarm system consisting of automatic smoke detection in all corridors and at the top of all stairways, and automatic fire detection in boiler and furnace rooms, kitchens, storage rooms, custodial closets, laundry and soiled linen rooms, and other hazardous areas.

4. The center shall demonstrate the ability to evacuate the entire population of the center within three minutes.

Child day care. A child day care facility shall be classified as Group E where all of the following conditions apply:

1. The facility provides care for more than five but not more than 100 children 2-1/2 years of age or less.

2. The rooms in which the children are cared for are located on the level of exit discharge serving such rooms.

3. Each room providing day care has an exit door directly to the exterior.

Within a place of religious worship. Rooms and spaces within places of religious worship providing such care during religious functions shall be classified as part of the primary occupancy.

Five or fewer occupants receiving care. A facility having five or fewer persons receiving custodial care shall be classified as part of the primary occupancy.

Five or fewer occupants receiving care in a dwelling unit. Adult day services or child day care within a dwelling unit and having five or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy. Where the adult day services or child day care is located in a one- or two-family dwelling or townhouse, the dwelling: (1) shall be constructed in accordance with either the Building Code or the Minnesota Residential Code; and (2) shall be equipped with an automatic sprinkler system when required by Section 903.2.8.

Residential Group R.

Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I.

Exception: Group R-3 and R-4 occupancies located in a one- or two-family dwelling or townhouse and classified as a "dwelling unit" in Table 202.1: (1) shall be constructed in accordance with either the Building Code or the Minnesota Residential Code; and (2) shall be equipped with an automatic sprinkler system when required by Section 903.2.8.

Residential occupancies shall be classified according to the following:

Residential Group R-1. Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including:

Boarding houses (transient) with more than ten occupants

Congregate living facilities (transient) with more than ten occupants

Hotels (transient)

Lodging houses with six or more guest rooms or more than ten occupants

Motels (transient)

Residential Group R-2. Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:

Apartment houses

Congregate living facilities (nontransient) with more than sixteen occupants

Boarding houses

Convents

Dormitories

Fraternities and sororities

Monasteries

Hotels (not transient)

Motels (not transient)

Vacation time-share properties

Residential Group R-3. Residential occupancies where the occupants are primarily permanent in nature and not classified as R-1, R-2, R-4, or I, including:

Assisted living

Buildings that do not contain more than two dwelling units

Boarding care homes

Care facilities that provide accommodations for five or fewer persons receiving care

Congregate living facilities (nontransient) with 16 or fewer occupants

Boarding houses (nontransient)

Dormitories

Fraternities and sororities

Convents

Monasteries

Congregate living facilities (transient) with ten or fewer occupants

Boarding houses (transient)

Dwelling units (two or fewer) in mixed occupancy buildings

Family adult foster home

Foster care

Housing with services establishment

Lodging houses (transient) with five or fewer guest rooms and 10 or fewer occupants

Residential hospice with five or fewer occupants

Lodging houses. Owner-occupied lodging houses with five or fewer guest rooms and 10 or fewer total occupants shall be permitted to be constructed in accordance with the Minnesota Residential Code.

Residential Group R-4. This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. This group shall include the following:

Alcohol and drug centers

Assisted living

Boarding care homes

Congregate care facilities

Group homes

Halfway houses

Housing with services establishment (including those that provide assisted living)

Residential board and care facilities

Residential hospice with twelve or fewer occupants

Social rehabilitation facilities

Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in this code.

Occupancy conditions. Buildings of Group R-4 shall be classified as one of the following occupancy conditions:

Condition 1. This occupancy condition includes buildings in which all persons receiving custodial care, without any assistance, are capable of responding to an emergency situation to complete building evacuation.

Condition 2. This occupancy condition includes buildings in which there are any persons receiving custodial care who require limited verbal or physical assistance while responding to an emergency situation to complete building evacuation.

OUTPATIENT CLINIC. Buildings or portions thereof used to provide medical care on a less than 24-hour basis to persons who are not rendered incapable of self-preservation by the services provided, including federally certified end-stage renal disease facilities (kidney dialysis facilities) not classified as an ambulatory care facility.

PERFORMANCE-BASED DESIGN. An engineering approach to design elements of a building based on agreed-upon performance goals and objectives, engineering analysis, and quantitative assessment of alternatives against the design goals and objectives using accepted engineering tools, methodologies, and performance criteria.

POWER TAP. A device that is connected to an electrical receptacle, has built-in overcurrent protection and allows connection of one or more electrical plugs to supply electricity to other devices and equipment.

REQUIRED BY THE FIRE CHIEF. Determined by the fire chief to be directly related to safeguarding life and property from the hazards of fire, and uniform for each class or kind of building, structure, or property covered.

RESIDENTIAL HOSPICE FACILITY. A facility located in a residential area that directly provides 24-hour residential and support services in a home-like setting for not more than 12 persons who have been diagnosed as terminally ill with a probable life expectancy of under one year.

ROOM. A space or area bounded by any obstructions over 6 feet in height which at any time enclose more than 80 percent of the perimeter of the area. In computing the unobstructed perimeter, openings less than 3 feet in clear width and less than 6 feet 8 inches high shall not be considered. Aisles and corridors shall not be construed to form rooms.

SMALL HOSE CONNECTION. "Small hose connection" means a 1-1/2-inch (38 mm) connection supplied inside of a building for firefighting overhaul operations in sprinkler-protected structures.

STANDPIPE SYSTEM, CLASSES OF. "Classes of standpipe system" means the following:

Class I system. "Class I system" means a system providing 2-1/2 inch (64 mm) and 1-1/2 inch (38 mm) hose connections to supply water for use by fire departments and those trained in handling heavy fire streams.

Class II system. "Class II system" means a system providing 1-1/2 inch (38 mm) hose stations to supply water for use primarily by the building occupants or by the fire department during initial response.

STATE FIRE MARSHAL. The Minnesota state fire marshal or the state fire marshal's authorized representatives.

SUPERVISED LIVING FACILITY. A facility in which supervision, lodging, meals, and, in accordance with the rules of the Department of Human Services and the Department of Health, counseling and developmental habilitative or rehabilitative services are provided to persons who are chemically dependent, adult mentally ill, or physically or developmentally disabled.

Class A-1 supervised living facility. A supervised living facility for six or fewer ambulatory or mobile disabled persons who are capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

Class A-2 supervised living facility. A supervised living facility for more than six ambulatory or mobile disabled persons who are capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

Class B-1 supervised living facility. A supervised living facility for six or fewer ambulatory or nonambulatory, mobile or nonmobile persons who are not mentally or physically capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

Class B-2 supervised living facility. A supervised living facility for seven to 16 ambulatory or nonambulatory, mobile or nonmobile persons who are not mentally or physically capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

Class B-3 supervised living facility. A supervised living facility for 17 or more ambulatory or nonambulatory, mobile or nonmobile persons who are not mentally or physically capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: L 2005 c 56 s 2; 32 SR 10; L 2007 c 140 art 4 s 61; art 13 s 4; 40 SR 1437; 44 SR 610

Minn. R. 7511.0304 Section 304, Combustible Waste Material

Subpart 1. IFC section 304.3.2.

IFC section 304.3.2 is deleted.

Subp. 2. IFC section 304.3.4.

IFC section 304.3.4 is deleted.

Subp. 3. IFC section 304.

IFC section 304 is amended by adding a section to read:

304.4 Clothes dryers. Clothes dryers and their exhaust systems shall be cleaned as necessary to keep lint traps, exhaust ducts, and mechanical and heating components free from excessive lint accumulation.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0307 Section 307, Open Burning and Recreational Fires

Subpart 1. IFC sections 307.1 through 307.2.1 and 307.4 through 307.4.1.

IFC sections 307.1 through 307.2.1 and IFC sections 307.4 through 307.4.1 are deleted.

Subp. 2. IFC section 307.3.

IFC section 307.3 is amended to read as follows:

307.3 Extinguishment authority. When open burning, a recreational fire or a portable outdoor fireplace creates or adds to a hazardous situation, or a required permit has not been obtained, the fire code official is authorized to order extinguishment.

Subp. 3. IFC section 307.4.3.

IFC section 307.4.3 is amended by deleting the exception.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.0308 Section 308, Open Flames

Subpart 1. IFC section 308.1.4.

IFC section 308.1.4 is deleted.

Subp. 2.

[Repealed, 44 SR 610]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0315 Section 315, General Storage

Subpart 1. IFC section 315.3.1.

IFC section 315.3.1 is amended to read:

315.3.1 Ceiling clearance. Storage shall be maintained 2 feet (610 mm) or more below the ceiling in nonsprinklered areas of buildings or a minimum of 18 inches (457 mm) below sprinkler head deflectors in sprinklered areas of buildings. Where more restrictive clearances between sprinkler head deflectors and storage are required by the sprinkler listing or NFPA 13, the more restrictive clearances shall apply.

Exceptions:

1. The 2-foot (610 mm) ceiling clearance is not required for storage along walls in nonsprinklered areas of buildings.

2. The 18-inch (457 mm) ceiling clearance is not required for storage along walls in areas of buildings equipped with an automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

Subp. 2. IFC section 315.3.3.

IFC section 315.3.3 is amended, and sections added, to read:

315.3.3 Equipment rooms. Combustible storage in boiler rooms, mechanical rooms, electrical equipment rooms and elevator equipment rooms shall be in accordance with Sections 315.3.3.1 through 315.3.3.4. Storage not in conformance with these sections shall be removed or the condition abated. For purposes of Sections 315.3.3.1 through 315.3.3.4, storage does not include materials necessary for the construction, maintenance, or operation of the equipment.

315.3.3.1 Mechanical equipment, boiler, and furnace rooms. Storage in mechanical equipment rooms, boiler rooms, and furnace rooms shall be neat and orderly and arranged to provide immediate access to equipment. Clearances between equipment and storage shall be at least 36 inches, or as required by the manufacturer, whichever is greater. When in the opinion of the code official, the type, amount, arrangement, or location of storage creates a hazard, the code official is authorized to order its removal.

315.3.3.2 Electrical vaults and equipment rooms. Electrical vaults and rooms or areas solely dedicated to main electrical distribution equipment shall not contain storage.

315.3.3.3 Elevator equipment rooms. No combustible storage or any other type of storage shall be allowed in elevator equipment rooms or elevator machine rooms.

315.3.3.4 Shafts. No combustible storage shall be allowed in mechanical rooms such as penthouses with shafts open to multiple floors.

Subp. 3. IFC section 315.7.5.

IFC section 315.7.5 is deleted.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0316 [Renumbered 7511.0319]

[Renumbered 7511.0319]

Minn. R. 7511.0318 Section 318, Laundry Carts

IFC section 318 is deleted in its entirety.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437

Minn. R. 7511.0319 [Renumbered 7511.0320]

[Renumbered 7511.0320]

Minn. R. 7511.0320 Section 320, Clearance of Vegetation from Structures

IFC chapter 3 is amended by adding a section to read:

SECTION 320

CLEARANCE OF VEGETATION FROM STRUCTURES

320.1 General. Land that is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon the land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion, shall comply with Section 320.2.

320.2 Fire breaks. Persons owning, leasing, controlling, operating, or maintaining buildings or structures in, upon, or adjoining land covered with grass, grain, brush, or forest, and persons owning, leasing, or controlling land adjacent to such buildings or structures, shall comply at all times with all of the following requirements:

1. Maintain an effective fire break by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet (9,144 mm) of such buildings or structures.

Exception: Single specimens of trees, ornamental shrubbery, or similar plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to any structure.

2. Maintain additional fire protection or firebreak by removing brush, flammable vegetation, and combustible growth located from 30 feet to 100 feet (9,144 mm to 30, 480 mm) from such buildings or structures, when required by the fire chief because of extrahazardous conditions causing a firebreak of only 30 feet (9,144 mm) to be insufficient to provide reasonable fire safety.

Exception: Grass and other vegetation located more than 30 feet (9,144 mm) from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.

3. Remove portions of trees that extend within 10 feet (3,048 mm) of the outlet of a chimney.

4. Maintain trees adjacent to or overhanging a building free of deadwood.

5. Maintain the roof of a structure free of leaves, needles, or other dead vegetative growth.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0321 Section 321, Covered Mall Buildings

Subpart 1.

[Repealed, 44 SR 610]

Subp. 2.

[Repealed, 44 SR 610]

Subp. 3. IFC section 321.

IFC chapter 3 is amended by adding a section and subsections to read as follows:

SECTION 321

COVERED MALL BUILDINGS

321.1 Egress. The minimum egress width in covered mall buildings shall be maintained in conformance with the Building Code.

321.2 Kiosks. Kiosks and similar structures, whether temporary or permanent, located in covered mall buildings shall be constructed, protected, and located in conformance with the Building Code.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 44 SR 610

Minn. R. 7511.0401 Section 401, Unplanned Evacuation

IFC section 401.7 is deleted.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437

Minn. R. 7511.0403 Section 403, Emergency Preparedness Requirements

IFC section 403.10.3.5 is deleted.

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.0405 Section 405, Emergency Evacuation Drills

IFC Section 405.7 is amended by adding an exception to read:

Exception: In Group A and R-1 occupancies where only employees are required to participate in drills as specified in Table 405.2.

History

• Statutory Authority: MS s 299F.011
• History: 32 SR 10

Minn. R. 7511.0408 [Renumbered 7511.0321]

[Renumbered 7511.0321]

Minn. R. 7511.0503 Section 503, Fire Apparatus Access Roads

Subpart 1. IFC section 503.1.1.

IFC section 503.1.1 is amended to read as follows:

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exception: Fire apparatus access roads need not be provided where there are two or fewer Group R-3 or Group U occupancy buildings.

503.1.1.1 Increases allowed. The 150-foot distance shall be permitted to be increased for the following:

1. When the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

2. For Group R occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the fire apparatus access road shall extend to within 600 feet (183 m).

3. Where fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades, or other similar conditions, and an approved alternative means of fire protection is provided, the fire apparatus access road shall extend to within 300 feet (91.4 m).

Subp. 2. IFC section 503.2.1.

IFC section 503.2.1 is amended by adding an exception as follows:

Exception: Where the road serves Group R buildings that are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.1.1, 903.1.2, or 903.1.3, the minimum unobstructed width can be reduced to 16 feet (4,877 mm).

Subp. 3. IFC section 503.2.5.

IFC section 503.2.5 is amended by adding an exception as follows:

Exception: Where the dead-end road serves Group R buildings that are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the maximum dead-end length distance is permitted to be increased up to 300 feet (91.4 m).

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437

Minn. R. 7511.0506 Section 506, Key Boxes

IFC section 506.1 is amended to read:

506.1 Where required. Where access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official.

Exception: One- and two-family dwellings need not be provided with lock boxes.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437

Minn. R. 7511.0507 Section 507, Fire Protection Water Supplies

Subpart 1. IFC section 507.3.

IFC section 507.3 is amended and sections added to read:

507.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method. If no municipal water supply exists, the minimum water flow and duration requirements for new buildings, portions of buildings hereafter constructed, or buildings moved into or within the jurisdiction shall be as specified in Table 507.3.

507.3.1 Fire flow for Group R-3 or Group U occupancies. No minimum fire flows are required for Group R-3 occupancies or Group U occupancies with less than 5,000 square feet of floor area (465 m2).

TABLE 507.3

MINIMUM FIRE FLOW REQUIREMENTS

[Note 1: Light, ordinary, and extra hazard are as defined in NFPA 13, Standard for the Installation of Automatic Sprinkler Systems.]

[Note 2: In sprinklered buildings, when a fixed water supply is used for the sprinklers, the hose stream available for fire department need not come from the fixed source (i.e. tank).]

Subp. 2. IFC section 507.5.1.

IFC section 507.5.1 is amended to read:

507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91.5 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

1. For Group R-3 and Group U occupancies, the distance requirement shall be 400 feet (122 m).

2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the threshold for requiring on site fire hydrants and mains shall be increased to 400 feet (122 m).

3. For Group R-3 buildings equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the threshold for requiring on site fire hydrants and mains shall be increased to 600 feet (183 m).

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.0508 [Renumbered 7511.0507, subp 2]

[Renumbered 7511.0507, subp 2]

Minn. R. 7511.0510 Section 510, Emergency Responder Radio Coverage

IFC section 510 is deleted entirely.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437

Minn. R. 7511.0601 Section 601, General

IFC section 601.2 is amended to read as follows:

601.2 Permits. Permits shall be obtained for refrigeration systems and battery systems, as set forth in Sections 105.6 and 105.7.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437

Minn. R. 7511.0603 Section 603, Fuel-Fired Appliances

Subpart 1. IFC section 603.5.

IFC section 603.5 is amended, and sections added, to read:

603.5 Heating appliances. Heating appliances shall be listed and shall comply with this section.

Exception: Unlisted appliances may be installed where permitted by the fire code official, provided clearance from combustibles is maintained in accordance with the Mechanical Code.

603.5.1 Guard against contact. The heating element or combustion chamber shall be permanently guarded so as to prevent accidental contact by persons or material.

603.5.2 Heating appliance installation and maintenance. Heating appliances shall be installed and maintained in accordance with the manufacturer's instructions and the Minnesota State Building Code.

603.5.3 Heating appliance clearance to combustible materials. Clearances between heat-producing appliances and combustibles shall be in accordance with this section. Where specific manufacturer's instructions or listings allow a reduction from the distances specified in this section, those distances are allowed. Clearance reductions permitted by the Mechanical Code are allowed.

603.5.3.1 Gas or fuel-oil heaters. A minimum of 18 inches (457 mm) shall be maintained between gas or fuel-oil heat-producing appliances and combustible materials.

603.5.3.2 Solid fuel-burning heaters. A minimum of 36 inches (914 mm) shall be maintained between solid fuel-burning appliances and combustible materials.

Subp. 2. IFC section 603.8.

IFC section 603.8 and all subsections are deleted.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.0604 Section 604, Electrical Equipment, Wiring, and Hazards

Subpart 1. IFC section 604.10.4.

IFC section 604.10.4 is deleted.

Subp. 2.

[Repealed, 44 SR 610]

Subp. 3.

[Repealed, 44 SR 610]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0605 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.0606 Section 606, Elevator Operation, Maintenance, and Fire Service Keys

IFC section 606.2.3 is amended to read as follows:

606.2.3 Two or more elevators. Where two or more elevators are controlled by a common operating system, all elevators shall automatically transfer to standby power within 60 seconds after failure of normal power where the standby power source is of sufficient capacity to operate all elevators at the same time. Where the standby power source is not of sufficient capacity to operate all elevators at the same time, the elevators shall operate according to ASME A17.1/CSA B44-2016 Section 2.27.2.

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.0607 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.0610 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 44 SR 610

Minn. R. 7511.0611 [Renumbered 7511.0610]

[Renumbered 7511.0610]

Minn. R. 7511.0701 Section 701, General

IFC section 701.1 is amended by adding an exception to read:

Exception: This exception applies to the following elements that exceed the requirements for new structures or facilities: existing fire-resistance-rated construction, existing construction to resist the passage of smoke, and existing opening protectives. When approved by the fire code official: (1) maintenance of these elements is not required; and (2) removal of these elements is permitted as long as any decommissioned equipment is clearly labeled as such.

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.0704 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.0705 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.0706 Section 706, Duct and Air Transfer Openings

IFC section 706.1 is amended by adding an exception to read:

Exception: When approved by the fire code official, periodic testing and inspection in accordance with NFPA 80 and NFPA 105 is not required for inaccessible fire dampers, inaccessible smoke dampers, and inaccessible combination fire and smoke dampers. Inaccessible fire dampers, inaccessible smoke dampers, and inaccessible combination fire and smoke dampers shall be maintained in accordance with NFPA 80 and NFPA 105 and repaired or replaced where damaged or defective.

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.0801 Section 801, General

IFC Section 801.1 is amended by adding a section to read:

801.1.1 Newly installed interior finish. Newly installed interior floor, wall and ceiling finishes shall be in accordance with the Building Code.

History

• Statutory Authority: MS s 299F.011
• History: 32 SR 10

Minn. R. 7511.0806 Section 806, Decorative Vegetation in New and Existing Buildings

IFC section 806.1 and its subsections are deleted entirely and replaced with the following:

806.1 Natural cut trees and natural decorative vegetation. Natural cut trees and natural decorative vegetation shall comply with Sections 806.1.1 through 806.1.4.

806.1.1 Natural or resin-bearing trees. The use, display, or storage of natural or resin-bearing trees for use or decoration inside buildings shall be in accordance with Sections 806.1.1.1 through 806.1.1.5.

806.1.1.1 Group R occupancies. The use and display of natural or resin-bearing trees inside dwelling units of Group R-2 and R-3 occupancies is permitted.

806.1.1.2 Sprinkler protected areas. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 are permitted in all occupancies except Group I and ambulatory care facilities.

806.1.1.3 Where allowed. Trees without open flames or electric lights are allowed in Group A used for worship purposes, Group B, E, and M occupancies.

806.1.1.4 Restricted. Trees used inside buildings for other occupancies or conditions are not allowed.

806.1.1.5 Location. The use and display of natural or resin-bearing trees shall not be placed in a location that would obstruct egress, fire protection systems and equipment, and shall not be allowed to accumulate inside a building. In buildings where more than one tree is located, they shall be separated by at least 20 feet as measured from the tree branches.

806.1.2 Support devices. The support device that holds the tree in an upright position shall be of a type that is stable and that meets all of the following criteria:

1. The device shall hold the tree securely and be of adequate size to avoid tipping over of the tree.

2. The device shall be capable of containing a minimum two-day supply of water.

3. The water level, when full, shall cover the tree stem at least 2 inches (51 mm). The water level shall be maintained above the fresh cut and checked at least once daily.

806.1.3 Dryness. The tree shall be removed from the building whenever the needles or leaves fall off readily when a tree branch is shaken or if the needles are brittle and break when bent between the thumb and index finger. The tree shall be checked daily for dryness.

806.1.4 Decorative natural vegetation. The use, display, or storage of wreaths, hay bales, corn stalks, and other cut natural decorative vegetation shall be in accordance with Sections 806.1.4.1 through 806.1.4.4.

806.1.4.1 Occupancies. Limited quantities of cut natural decorative vegetation shall be permitted where the fire code official determines that adequate safeguards are provided based on the quantity and nature of the combustible vegetation.

806.1.4.2 Group I occupancies. Cut, natural, decorative vegetation is not permitted in Group I occupancies.

806.1.4.3 Group M occupancies. The use and display of decorative natural vegetation for resale in Group M occupancies is permitted.

806.1.4.4 Location. The use and display of cut natural decorative vegetation shall not obstruct aisles, egress, or exit paths, block access to fire protection systems or equipment, and shall not accumulate inside a building.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.0807 Section 807, Decorative Materials and Artificial Decorative Vegetation in New and Existing Buildings

Subpart 1. IFC section 807.2.

IFC section 807.2 is amended and a subsection is added to read as follows:

807.2 Combustible decorative materials. In dormitories in Group R-2 and in Groups A, B, E, I, M, and R-1, curtains, draperies, fabric hangings, and similar combustible decorative materials suspended from walls or ceilings shall comply with Section 807.3 and shall not exceed 20 percent of the specific wall or ceiling area to which such materials are attached.

Exceptions:

1. In auditoriums in Group A, the permissible amount of curtains, draperies, fabric hangings, and similar combustible decorative materials suspended from walls or ceilings shall not exceed 75 percent of the aggregate wall area where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 and where the material is installed in accordance with IBC Section 803.15.

2. In existing Group A occupancies, the permissible amount of curtains, draperies, fabric hangings, and similar combustible decorative materials suspended from walls or ceilings shall not be limited where such materials comply with Section 807.3.

3. In Group R-2 dormitories, within sleeping units and dwelling units, the permissible amount of curtains, draperies, fabric hangings, and similar decorative materials suspended from walls or ceilings shall not exceed 50 percent of the aggregate wall areas where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.

4. In Group A, B, E, and M occupancies, the amount of combustible fabric partitions suspended from the ceiling and not supported by the floor shall comply with Section 807.3 and shall not be limited.

5. The 20 percent limit shall not apply to curtains, draperies, fabric hangings, and similar combustible decorative materials used as window coverings.

807.2.1 Fixed or movable walls and partitions, paneling, and wall pads and crash pads. Fixed or movable walls and partitions, paneling, wall pads and crash pads applied structurally or for decoration, acoustical correction, surface insulation, or other purposes covering more than 10 percent of the wall or ceiling area shall be considered interior finish, shall comply with Section 803, and shall not be considered to be decorative materials or furnishings.

Exception: In existing buildings, fixed or movable walls and partitions, paneling, wall pads and crash pads applied structurally or for decoration, acoustical correction, surface insulation, or other purposes shall not be considered interior finish unless covering more than 20 percent of the wall or ceiling area, provided the room or area is protected with an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.

Subp. 2.

[Repealed, 44 SR 610]

Subp. 3. IFC section 807.5.2.1.

IFC section 807.5.2.1 is amended by modifying exceptions 1 and 2 to read as follows:

1. Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, provided the minimum required egress width is maintained.

2. Buildings provided with an approved fire alarm system and equipped with corridor smoke detection, provided the minimum required egress width is maintained.

(Exception 3 still applies)

Subp. 3a. IFC section 807.5.2.2.

IFC section 807.5.2.2 is amended by adding an exception to read:

Exception: Artwork and teaching materials shall not exceed 50 percent of the wall area when the building is protected throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

Subp. 3b. IFC section 807.5.2.3.

IFC section 807.5.2.3 is amended to read:

807.5.2.3 Artwork in classrooms. Artwork and teaching materials shall be limited on walls of classrooms to not more than 50 percent of the total aggregate wall area of the room.

Subp. 3c. IFC section 807.5.3.4.

IFC section 807.5.3.4 is amended to read as follows:

807.5.3.4 Other areas in Groups I-1 and I-2. In Groups I-1 and I-2 occupancies, in areas not equipped throughout with an approved automatic sprinkler system, combustible decorations shall be prohibited unless one or more of the following criteria are met:

1. the decorations are flame-retardant or are treated with approved fire-retardant coating that is listed and labeled for application to the material to which it is applied;

2. the decorations meet the requirements of NFPA 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films;

3. the decorations exhibit a heat release rate not exceeding 100 kW when tested in accordance with NFPA 289, Standard Method of Fire Test for Individual Fuel Packages, using the 20 kW ignition source; or

4. decorations, such as photographs and paintings, are in such limited quantities that a hazard of fire development or spread is not present.

Subp. 4. IFC Section 807.5.5.1.

IFC Section 807.5.5.1 is amended by modifying exceptions 1 and 2 to read as follows:

1. Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, provided the minimum required egress width is maintained.

2. Buildings provided with an approved fire alarm system and equipped with corridor smoke detection, provided the minimum required egress width is maintained.

(Exception 3 still applies)

Subp. 5. IFC section 807.5.5.2.

IFC section 807.5.5.2 is amended by adding an exception to read as follows:

Exception: Artwork and teaching materials shall not exceed 50 percent of the wall area when the building is protected throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

Subp. 6.

[Renumbered subp 3c]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0901 Section 901, General

Subpart 1. IFC section 901.6.1.

IFC section 901.6.1 is amended by adding an exception to read:

Exception: Fire alarm and water-based automatic fire-extinguishing systems shall be inspected and tested annually. Inspections and testing shall be conducted in accordance with the procedures specified in the referenced standards listed in Table 901.6.1. As part of the annual inspections covered under this exception, all weekly, monthly, quarterly, semiannual, and annual inspections, tests, and maintenance requirements in the listed standards shall be conducted and any problems observed shall be noted.

Subp. 2. IFC section 901.11.

IFC section 901 is amended by adding sections to read:

901.11 Fire sprinklers and fire detectors - ceilings. In buildings protected by automatic sprinklers or automatic fire detectors, suspended or removable ceiling tiles shall be maintained in place to prevent the delay in sprinkler or detector activation.

Exception: When additional sprinklers or detectors are installed in the space above the suspended ceiling.

901.11.1 Open-grid ceilings. Open-grid ceilings shall not be installed beneath sprinklers.

Exception: Open-grid ceilings are allowed when the requirements of NFPA 13 for open-grid ceilings are met.

901.11.2 Drop-out ceilings. Drop-out ceilings shall be permitted to be installed beneath sprinklers when all requirements of NFPA 13 for drop-out ceilings have been met.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0903 Section 903, Automatic Sprinkler Systems

Subpart 1.

[Renumbered subp 1a]

Subpart 1. IFC section 903.2.3.

IFC section 903.2.3 is amended to read as follows:

903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 12,000 square feet (1,115 m2) in area.

2. Whenever the Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

Exception: In buildings where every classroom has not fewer than one exterior exit door at a level of exit discharge, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

3. Whenever the Group E fire area has an occupant load of 300 or more.

Subp. 1a. IFC section 903.2.8.

IFC section 903.2.8 and its subsections are amended to read as follows:

903.2.8 Group R. An automatic sprinkler system shall be installed throughout all buildings with a Group R fire area in accordance with Section 903.3.

Exceptions:

1. A Group R-1, R-2, or combined R-1 and R-2 building where less than 4,500 square feet of the building area consists of R-1 fire area, R-2 fire area, or a combination of R-1 and R-2 fire areas.

2. A Group R-3 dwelling unit with less than 4,500 square feet of building area, excluding garages, unless the Group R-3 dwelling unit contains a state licensed care facility that is required to be provided with an automatic sprinkler system as a condition of the license.

3. An automatic fire sprinkler system shall not be required if additions or alterations are made to existing Group R-3 or R-4 buildings or a portion thereof that do not have an automatic sprinkler system installed, unless required by a Minnesota license.

4. Group R-1 multiunit resort buildings, as defined in Minnesota Statutes, section 157.15, and licensed by the Department of Health, with less than 9,250 square feet of building area.

903.2.8.1 Group R-3. Where required by Section 903.2.8, Group R-3 occupancies shall be provided with an automatic sprinkler system that complies with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

903.2.8.2 Group R-4. Where required by Section 903.2.8, Group R-4 occupancies shall be provided with an automatic sprinkler system that complies with Section 903.3.1.1 or 903.3.1.2.

Exception: Group R-4 Condition 1 occupancies equipped with an automatic sprinkler system that complies with Section 903.3.1.3.

903.2.8.3 State licensed facilities. Group R-3 or R-4 occupancies containing facilities licensed by Minnesota shall be provided with an automatic sprinkler system as required by the applicable licensing provisions or this section, whichever is more restrictive.

903.2.8.4 Residential hospice facilities. An automatic sprinkler system installed in accordance with NFPA 13 shall be provided throughout all buildings with a Group R-3 or R-4 fire area containing a residential hospice facility.

Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3 is permitted if all habitable spaces and closets are protected by an automatic sprinkler system.

Subp. 1b. IFC section 903.2.9.

IFC section 903.2.9 is amended and a subsection added to read as follows:

903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 fire area exceeds 12,000 square feet (1,115 m2).

2. A Group S-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2).

4. A Group S-1 fire area is used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2).

(Subsections 903.2.9.1 and 903.2.9.2 remain unchanged.)

903.2.9.3 Group S-1 upholstered furniture and mattresses. An automatic sprinkler system shall be provided throughout a Group S-1 fire area used for the storage of upholstered furniture or mattresses that exceeds 2,500 square feet (232 m2).

Exception: Self-service storage facilities (mini-storage) no greater than one story above grade plane where all storage spaces can be accessed directly from the exterior.

Subp. 2. IFC section 903.2.11.4.

IFC section 903.2.11.4 is amended by deleting the section in its entirety and replacing it with the following:

903.2.11.4 Fire protection for exhaust systems. Where required by the Minnesota Mechanical Code, automatic sprinklers shall be provided in ducts having a cross-sectional area of 75 square inches (480 cm2) or more and that: (1) convey flammable or combustible components; or (2) have the potential for combustible residue buildup on the inside. When sprinkler protection is installed, means shall be provided to prevent water accumulation in the duct and the flow of water back to a process where the application of water constitutes a serious life or fire hazard.

Subp. 2a. IFC section 903.3.1.

IFC section 903.3.1 is amended as follows:

903.3.1 Standards. Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.l, unless otherwise permitted by Sections 903.3.1.2 and 903.3.1.3 and other chapters of this code, as applicable. Automatic sprinkler systems installed in state-licensed or state-registered facilities shall be installed in accordance with this code and the applicable licensing or registration provisions of other Minnesota state agencies.

Subp. 2b. IFC section 903.3.1.1.1.

IFC section 903.3.1.1.1 is amended by adding a new item 7 to the list of exempt locations to read as follows:

7. Sprinkler protection shall not be installed in elevator shafts, elevator pits, or elevator machine rooms.

Exception to #7: Health care occupancies that: (1) are required to have NFPA 13 systems; (2) are licensed by the Minnesota Department of Health; and (3) participate in Title XVIII (Medicare) or Title XIX (Medicaid) of the Social Security Act.

Subp. 3. IFC Section 903.3.1.2.1.

IFC Section 903.3.1.2.1 is amended to read:

903.3.1.2.1 Protection of decks and balconies. Decks and balconies greater than 6 feet (1.8 m) above grade, greater than 4 feet (1.2 m) deep, with an area greater than 40 square feet (3.72 m2), and attached to new Group R-1 or R-2 occupancy buildings protected in accordance with Section 903.3.1.2 that are three or more stories in height and with 30 or more units, shall be protected with sprinklers under the balcony or deck framing and under attic eaves when both of the following two conditions exist:

1. the building has an unsprinklered attic; and

2. the building has combustible siding.

Subp. 4. IFC section 903.3.1.

IFC section 903.3.1 is amended by adding sections to read:

903.3.1.4 Buildings of undetermined use. When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use with a minimum design area of 3,000 square feet (279 m2). Use is considered undetermined if not specified at the time a permit is issued. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner to upgrade the system to the required density for the new hazard, use or occupancy.

903.3.1.5 Special sprinkler design criteria. When fire sprinkler systems are required in areas containing the following uses, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use:

1. chemistry labs; or

2. wrestling rooms or gymnastic rooms.

903.3.1.6 Modifications to sprinkler standards. The sprinkler installation standards as referenced in Sections 903.3.1.1, 903.3.1.2, and 903.3.1.3 are modified as follows:

903.3.1.6.1 Hose stream requirements. When, in the opinion of the fire chief, an adequate alternate water supply for hose stream requirements is provided or available, the water supply requirements for the sprinkler system hose stream demands may be modified.

903.3.1.6.2 Elevator shafts and equipment. Sprinkler protection shall not be installed in elevator shafts, elevator pits, or elevator machine rooms.

Exception: Health care occupancies that: (1) are required to have NFPA 13 systems; (2) are licensed by the Minnesota Department of Health; and (3) participate in Title XVIII (Medicare) or Title XIX (Medicaid) of the Social Security Act.

903.3.1.6.3 Swimming pools. Sprinkler protection need not be provided on the ceiling of rooms containing swimming pools when the pool area is used exclusively for swimming purposes and when sprinklers are provided around the perimeter of the pool area.

903.3.1.6.4 NFPA 13 modifications. Sections 8.15.8.2, 8.17.2.5, and 23.2.1.1 of NFPA 13 are amended to read:

8.15.8.2 Linen closets and pantries. Sprinklers are not required in linen closets and pantries within dwelling units that meet the following conditions:

1. the area of the space does not exceed 12 square feet (1.1 m2);

2. the least dimension does not exceed 3 feet (0.9 m);

3. the walls and materials are surfaced with noncombustible or limited combustible materials; and

4. the closet or pantry contains no mechanical equipment, electrical equipment, or electrical appliances.

8.17.2.5 Valves.

8.17.2.5.1 Fire department connection. A listed check valve shall be installed in each fire department connection.

8.17.2.5.1.1 Maximum pipe length. There shall be a maximum of 25 feet (7.6 m) of pipe between the check valve and the fire department connection inlet.

Exception: This maximum shall not apply to the check valve serving a free-standing fire department connection.

8.17.2.5.1.2 Check valve location. The check valve shall be located to minimize freezing potential.

23.2.1.1 Water supply capacity information. Where a waterflow test is used for the purposes of system design, the test shall be conducted no more than 36 months prior to the working plan submittal.

903.3.1.6.5 Vestibules. Sprinkler protection is not required in vestibules that meet all of the following conditions:

1. the vestibule is 225 square feet or less in floor area;

2. the vestibule is of noncombustible or limited combustible construction;

3. the vestibule has glazing allowing vision into vestibule;

4. the vestibule's only purpose is ingress and egress; and

5. the vestibule contains no fueled equipment, flammable or combustible liquids, or furniture. Incidental combustible storage in the vestibule is limited to five cubic feet of material.

903.3.1.6.6 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in townhouses and Groups R-3 and R-4, Condition 1 occupancies shall be permitted to be installed throughout in accordance with NFPA 13D. Attached garages in townhouse buildings are required to have one dry head sprinkler located within 5 linear feet of each door installed in the common wall separating the dwelling unit and the attached garage.

Subp. 4a. IFC section 903.3.9.

IFC section 903.3 is amended by adding a section to read:

903.3.9 Sprinkler system design pressure safety margin. For new sprinkler systems or additions to existing sprinkler systems, the available water supply shall exceed the sprinkler system demand, including the hose stream requirements, by 5 psi (0.34 bars) or more.

Exception: NFPA 13D systems installed in accordance with Section 903.3.1.3.

Subp. 5.

[Repealed, 44 SR 610]

Subp. 6. IFC Section 903.4.

IFC Section 903.4 is amended by adding an exception to read:

8. For existing sprinkler systems, monitoring is required when the number of sprinklers is 100 or more.

Subp. 6a. IFC section 903.4.2.

IFC section 903.4.2 is amended to read as follows:

903.4.2 Alarms. An approved audible alarm and an approved visible alarm are required on the exterior of the building in an approved location. These alarms can be part of the same device or separate devices. The alarms shall be connected to each automatic sprinkler system. The alarms shall be located above the fire department connection and visible from the street or nearest point of fire department vehicle access, or as otherwise approved by the fire code official. Such sprinkler water-flow alarms shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Subp. 7. IFC Section 903.4.4.

IFC Section 903.4 is amended by adding a section to read:

903.4.4 Valve security. All valves controlling water supplies for automatic sprinklers shall be locked or secured in the open position.

Exception: Valves located in a room or space when access is limited to essential personnel only.

Subp. 8.

[Repealed, 40 SR 1437]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 36 SR 1479; 40 SR 1437; 44 SR 610

Minn. R. 7511.0904 Section 904, Alternative Automatic Fire-Extinguishing Systems

Subpart 1. IFC section 904.1.1.

IFC section 904.1.1 is amended to read:

904.1.1 Certification of service personnel for fire-extinguishing equipment. Service personnel installing, providing, or conducting maintenance on automatic fire-extinguishing systems, other than automatic sprinkler systems, shall possess a valid certificate issued by an approved organization for the type of system and work performed.

Subp. 2. IFC section 904.13.

IFC section 904.13, item 3, is amended to read as follows:

3. In Group R-2 congregate living facilities where domestic cooking facilities are installed in accordance with Section 420.10 of the Minnesota Building Code.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0905 Section 905, Standpipe Systems

Subpart 1. IFC section 905.2.

IFC section 905.2 is amended by adding subsections to read:

905.2.1 Modification to standards. In buildings other than high rise that are equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, and a Class I standpipe system, the pipe shall be sized to meet the pressure and flow requirements for the sprinkler system. Such systems shall comply with Sections 905.2.1.1 through 905.2.1.4.

905.2.1.1 System pipe size. Pipe sizes for combined portions of the sprinkler and standpipe systems shall not be less than 4 inches (101.6 mm).

905.2.1.2 System design flow and pressure. The standpipe shall provide a minimum pressure of 100 psi (6.9 bar) at the uppermost outlet and a minimum flow rate of 250 gpm (946 L/min.) at the two hydraulically most remote hose connections on the standpipe when the standpipe system is supported through the fire department connection. The hydraulic calculations shall be performed between the hydraulically most demanding standpipe hose connection and the fire department connection.

905.2.1.3 Design pressure. A maximum design pressure of 150 psi (10.3 bars) is permitted at the fire department connection when the standpipe is supported by local fire department apparatus.

905.2.1.4 Automatic sprinkler system demand. The automatic sprinkler system demand, including the inside and outside hose stream demands from NFPA 13, is to be provided by the municipal water supply system without requiring fire department pumping into the system.

Subp. 1a. IFC section 905.3.

IFC section 905.3 is amended to read as follows:

905.3 Required installations. Standpipe systems shall be installed where required by Sections 905.3.1 through 905.3.10. Standpipe systems are allowed to be combined with automatic sprinkler systems.

Exception: Standpipe systems are not required in Group R-3 occupancies.

Subp. 1b. IFC section 905.3.1.

IFC section 905.3.1 is amended to read as follows:

905.3.1 Height. Class I wet standpipe systems shall be installed throughout buildings where any of the following conditions exist:

1. Four or more stories are above or below grade plane.

2.The floor level of the highest story is located more than 30 feet (9,144 mm) above the lowest level of the fire department vehicle access.

3. The floor level of the lowest story is located more than 30 feet (9,144 mm) below the highest level of fire department vehicle access.

Exception: Class I manual, automatic, or semiautomatic dry standpipes are allowed in buildings that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Section 905.5.

905.3.1.1 Lowest level. In determining the lowest level of fire department vehicle access, the following areas should not be considered:

1. recessed loading docks for four vehicles or less; and

2. areas where topography makes access from the fire department vehicle to the building impractical or impossible.

Subp. 2. IFC section 905.3.2.1.

IFC section 905.3.2 is amended by adding a subsection to read:

905.3.2.1 Group A exhibition. Class I automatic standpipes shall be provided in Group A-3 occupancies where the floor area used for exhibition exceeds 12,000 square feet (1,115 m2).

Subp. 3. IFC sections 905.3.4, 905.3.4.1.

IFC sections 905.3.4 and 905.3.4.1 are deleted and replaced with the following:

905.3.4 Stages. Stages are not required to be equipped with standpipe systems.

Subp. 3a. IFC section 905.3.6.

IFC section 905.3.6 is amended to read as follows:

905.3.6 Helistops and heliports. Each building with a rooftop helistop or heliport shall be equipped with a Class I standpipe system extended to the roof level on which the helistop or heliport is located in accordance with Section 2007.5.

Subp. 4. IFC section 905.3.

IFC section 905.3 is amended by adding sections to read:

905.3.9 Detention and correctional facilities. Regardless of the height of the building or number of stories, every building in a Group I-3 detention and correctional facility, where 50 or more persons are under restraint or security under Occupancy Condition 3, 4, or 5, shall be provided with a Class I automatic wet or semiautomatic dry standpipe system.

Exception: Combined systems meeting the provisions of Section 905.2 may be used.

When acceptable to the fire chief, fire department connections may be located inside all security walls or fences on the property.

Standpipes shall be located in accordance with Section 905. In addition, standpipes shall be located so that it will not be necessary to extend hose lines through smoke barriers. When located in cell complexes, standpipes may be located in secured pipe chases.

905.3.10 Group R-2 occupancies; small hose connections. Small hose connections shall be installed in Group R-2 occupancies three or more stories in height where any portion of the building's interior area is more than 200 feet (60,960 mm) of travel, vertically or horizontally, from the nearest point of fire department vehicle access. Small hose connections required by this section shall comply with the following:

1. Supply one 1-1/2-inch (38 mm) fire hose valve at each floor level or intermediate stair landing in each required and enclosed stairway.

2. The water for the small hose connections shall be supplied separately from the sprinkler system protecting that area so that the small hose connections are still functional if the water supply to the sprinkler system is shut down following fire extinguishment.

3. The piping shall be a minimum of 1-1/2-inch (38 mm).

4. The water shall be supplied from a wet-pipe sprinkler system only.

5. The piping shall be comprised of metallic piping and hose valve connections.

Permanent signage shall be required which reads "Fire Department Overhaul Hose Connection" at each connection in the building. If a separate standpipe system is provided, a sign shall also be provided at the exterior fire department connection.

Subp. 5. IFC section 905.5.1.

IFC section 905.5.1 is deleted.

Subp. 6. IFC section 905.6.

IFC section 905.6 and all subsections are deleted in their entirety.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0906 Section 906, Portable Fire Extinguishers

Subpart 1. IFC section 906.1.

IFC section 906.1 is amended to read:

906.1 Where required. Portable fire extinguishers shall be installed in the following locations:

1. In all Group A, B, E, F, H, I, M, R-1, R-2, R-4, and S occupancies.

Exception: In Group E occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, fire extinguishers shall be required only in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, garages, stages, projection booths, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms greater than 100 square feet, and similar areas.

2. Within 30 feet (9,144 mm) distance of travel from commercial cooking equipment and from domestic cooking equipment in Group I-1; I-2, Condition 1; and R-2 congregate living facilities.

3. In areas where flammable or combustible liquids are stored, used, or dispensed.

4. On each floor of structures under construction, except Group R-3 occupancies, in accordance with Section 3315.1.

5. Where required by the sections indicated in Table 906.1.

6. Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the fire code official.

7. R-3 occupancies used as family day care, group family day care, foster care, adult family day services, and residential hospices.

Subp. 2. IFC section 906.2.

IFC section 906.2 is amended to read:

906.2 General requirements. Portable fire extinguishers shall be selected, installed, and maintained in accordance with this section and NFPA 10. Section 7.1.2 of NFPA 10 is deleted.

(The exceptions are unchanged and still apply.)

Subp. 3. IFC section 906.2.

IFC section 906.2.1 is amended to read:

906.2.1 Certification of service personnel for portable fire extinguishers. Service personnel providing or conducting maintenance on portable fire extinguishers shall possess a valid certificate issued by an approved organization for the type of work performed.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0907 Section 907, Fire Alarm and Detection Systems

Subpart 1.

[Repealed, 40 SR 1437]

Subp. 1a. IFC section 907.1.2.

IFC section 907.1.2 is amended to read as follows:

907.1.2 Fire alarm shop drawings. Shop drawings for fire alarm systems shall be submitted for review and approval before system installation, and shall include all of the following where applicable to the system being installed:

1. A floor plan that indicates the use of all rooms.

2. Locations of alarm-initiating devices.

3. Locations of alarm notification appliances, including candela ratings for visible alarm notification appliances.

4. Design minimum audibility level for occupant notification.

5. Maximum sound pressure.

6. Location of fire alarm control unit, transponders, and notification power supplies.

7. Annunciators.

8. Power connections.

9. Battery calculations.

10. Conductor type and size.

11. Voltage drop calculations.

12. Manufacturers' data sheets indicating model numbers and listing information for equipment, devices, and materials.

13. Details of ceiling height and construction.

14. The interface of fire safety control functions.

15. Classification of the supervising station.

Subp. 2. IFC section 907.2.

IFC section 907.2 is amended to read:

907.2 Where required in new buildings and occupancies. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in new buildings and occupancies in accordance with Sections 907.2.1 through 907.2.24.2 and NFPA 72. For the purposes of Sections 907.2.1 through 907.2.24.2, fire barrier walls or fire walls shall not define separate buildings. In buildings containing mixed occupancies that are designed as separated uses (see Section 102.14), fire alarm and detection systems need only be installed in those occupancies where required by this section.

Exception: In areas protected by an approved, supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, automatic fire detectors required by Section 907.2 need not be provided. Where Section 907.2 requires smoke detectors, such protection shall be installed.

Subp. 3. IFC section 907.2.1.

IFC section 907.2.1 is amended, and sections added, to read:

907.2.1 Group A, general. A fire alarm system shall be installed in accordance with Sections 907.2.1 through 907.2.1.3 in Group A occupancies having an occupant load of 300 or more.

Exceptions:

1. Assembly areas used solely for worship purposes.

2. A fire alarm system is not required in buildings with an occupant load less than 1,000 when an approved automatic fire sprinkler system is installed throughout the building.

3. Assembly uses located inside Group E occupancies shall have alarms as required for the Group E occupancy.

4. Group A-5 occupancies.

907.2.1.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be installed in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, kitchens, trash-collection rooms, storage rooms, and similar areas.

907.2.1.2 Notification. The required fire alarm system shall activate an audible and visible notification appliance at a constantly attended location within the building for the purposes of initiating emergency action. A presignal feature and positive alarm sequencing in accordance with NFPA 72 are permitted.

Occupant notification shall be by means of voice announcements, either live or prerecorded, initiated by the person in the constantly attended location.

Exception: Where no constantly attended location exists, an automatic fire alarm system providing a general evacuation signal or an approved emergency voice/alarm communications system is permitted.

907.2.1.3 System initiation in Group A occupancies with occupant load of 1,000 or more. Activation of the fire alarm system in Group A occupancies with an occupant load of 1,000 or more shall immediately initiate an approved prerecorded message announcement using an approved emergency voice/alarm communications system in accordance with NFPA 72.

Exception: Where approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly attended location.

Subp. 4. IFC section 907.2.2.

IFC section 907.2.2 is amended, and sections added, to read:

907.2.2 Group B, general. A fire alarm system shall be installed in accordance with Sections 907.2.2 through 907.2.2.3 in Group B occupancies if:

1. The building has an occupant load of 500 or more persons;

2. The building has an occupant load of more than 100 persons above or below the lowest level of exit discharge; or

3. The building contains an ambulatory care facility.

When automatic sprinkler systems or automatic fire detectors are installed in ambulatory care facilities, such systems or detectors shall be connected to the building fire alarm system.

Exception: In other than ambulatory care facilities, a fire alarm system is not required when an approved automatic fire-extinguishing system is installed throughout the building.

907.2.2.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, kitchens, mechanical and electrical rooms, trash-collection rooms, storage rooms and similar areas. In ambulatory care facilities, initiation of the fire alarm system shall also be by manual means.

907.2.2.2 Notification. Activation of the fire alarm system shall initiate a general evacuation signal.

Exception: In lieu of audible notification appliances, visible notification appliances shall be permitted to be used in patient care areas.

907.2.2.3 Ambulatory care facilities. Corridors and rooms or spaces open to corridors within an ambulatory care facility shall be protected by an automatic smoke-detection system.

Subp. 5. IFC section 907.2.3.

IFC section 907.2.3 is amended, and sections added, to read:

907.2.3 Group E, general. A fire alarm system shall be installed in accordance with Sections 907.2.3 through 907.2.3.3 in Group E occupancies having an occupant load of 50 or more.

907.2.3.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, and similar areas.

Exception: In buildings protected throughout by an approved automatic sprinkler system or having an approved fire alarm system equipped with corridor smoke detection, manual fire alarm boxes are only required in any main office and in any custodial area.

907.2.3.2 Travel through adjoining rooms. Where the only means of egress travel from an interior room or rooms having an aggregate occupant load of more than 10 occupants is through an adjoining or intervening room, automatic smoke detectors shall be installed throughout the common atmosphere through which the path of egress travel passes.

Exception: In buildings that are protected throughout by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, smoke detectors are not required in intervening or adjoining rooms.

907.2.3.3 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6.

Exception: An emergency voice/alarm communication system is not required in Group E occupancies with occupant loads of 100 or less, as long as the activation of the fire alarm system or automatic sprinkler system in those occupancies initiates a general evacuation signal.

Subp. 6. IFC Section 907.2.4.

IFC Section 907.2.4 is amended, and sections added, to read:

907.2.4 Group F, general. A fire alarm system shall be installed in accordance with Sections 907.2.4 through 907.2.4.2 in Group F occupancies that are two or more stories in height and have an occupant load of 500 or more above or below the lowest level of exit discharge.

Exception: A fire alarm system is not required when an approved automatic fire-extinguishing system is installed throughout the building.

907.2.4.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, trash-collection rooms, kitchens, mechanical and electrical rooms, and similar areas.

907.2.4.2 Notification. Activation of the fire alarm system shall initiate a general evacuation signal.

Subp. 7. IFC section 907.2.5.

IFC section 907.2.5 is amended, and sections added, to read:

907.2.5 Group H, general. A fire alarm system shall be installed in accordance with Sections 907.2.5 through 907.2.5.2 in Group H-5 occupancies, occupancies used for the manufacture of organic coatings and, when required by Chapters 60, 62, and 63, at the following locations:

1. rooms or areas where highly toxic compressed gases are stored or used;

2. rooms or areas where Class I, II, or III organic peroxides are stored; and

3. liquid and solid oxidizer storage areas.

907.2.5.1 Initiation. Initiation of the fire alarm system in Group H-5 occupancies and in occupancies used for the manufacture of organic coatings shall be by manual means. Initiation of fire alarm systems installed for highly toxic gases, organic peroxides, and oxidizers shall be by automatic means, as specified in Chapters 60, 62, and 63.

907.2.5.2 Notification. Activation of the fire alarm system in Group H-5 occupancies and in occupancies used for the manufacture of organic coatings shall initiate a general evacuation signal. Activation of the automatic detection systems installed for highly toxic gases, organic peroxides, and oxidizers shall sound a local alarm.

Subp. 8. IFC section 907.2.6.

IFC section 907.2.6 and all subsections are deleted in their entirety and replaced with the following:

907.2.6 Group I, general. A fire alarm system shall be installed in accordance with Sections 907.2.6.1 through 907.2.6.4.2 in Group I occupancies.

907.2.6.1 Group I-1 occupancies, general. A manual and automatic fire alarm system shall be installed in Group I-1 occupancies in accordance with Sections 907.2.6.1.1 through 907.2.6.1.3.

907.2.6.1.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be installed in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, gift shops, and similar areas. Automatic smoke detectors shall be provided in corridors and areas that are open to corridors.

Exception: Manual fire alarm boxes in patient sleeping areas of Group I-1 occupancies shall not be required at exits if located at all nurses' stations or other constantly attended staff locations, provided such fire alarm boxes are visible and continuously accessible and provided that travel distances required by Section 907.4.2 are not exceeded.

907.2.6.1.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal. In addition, activation of the fire alarm system shall immediately transmit an alarm to an approved central station or remote station service.

Exceptions:

1. In lieu of audible notification appliances, visible notification appliances shall be allowed to be used in critical care areas.

2. Where occupants are incapable of evacuating themselves because of age, physical/mental disabilities or physical restraint, only the attendants or other personnel required to evacuate occupants from a zone, area, floor, or building shall be required to be notified. This notification shall include means to readily identify the zone, area, floor, or building in need of evacuation.

907.2.6.1.3 Sleeping room smoke alarms. Smoke alarms shall be installed in resident sleeping rooms in accordance with Section 907.2.10.2.

907.2.6.2 Group I-2 occupancies, general. A manual and automatic fire alarm system shall be installed in Group I-2 occupancies in accordance with Sections 907.2.6.2.1 through 907.2.6.2.4.

907.2.6.2.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be installed in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, gift shops, and similar areas. Hospitals, nursing homes (both intermediate care and skilled nursing facilities), board and care homes, and detoxification facilities shall be provided with smoke detection throughout the corridor and areas open to the corridors, other than nurse's stations.

Exceptions:

1. Corridor smoke detection shall not be required where the sleeping room smoke detectors required in Section 907.2.6.2.3 are connected to an approved fire alarm system and activate a general evacuation signal.

2. Manual fire alarm boxes shall not be required at exits from patient sleeping areas if located at all nurses' stations or other constantly attended staff locations, provided such fire alarm boxes are visible and continuously accessible and provided that travel distances horizontally on the same floor shall not exceed 200 feet to reach a manual fire alarm box.

907.2.6.2.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a signal that is distinctive from audible signals used for other purposes in the same building. Such signal is intended to notify staff and need not meet the minimum sound pressure levels required for general evacuation fire alarm notification. In addition, activation of the fire alarm system shall immediately transmit an alarm to an approved central station or remote station service.

Exceptions:

1. In lieu of audible notification appliances, visible notification appliances shall be allowed to be used in critical care areas.

2. Where occupants are incapable of evacuating themselves because of age, physical/mental disabilities, or physical restraint, only the attendants or other personnel required to evacuate occupants from a zone, area, floor, or building shall be required to be notified. This notification shall include means to readily identify the zone, area, floor, or building in need of evacuation.

3. Where total evacuation of occupants is impractical due to building configuration, only the occupants in the affected zones shall be initially notified. Provisions shall be made to selectively notify occupants in other zones to afford orderly evacuation of the entire building.

907.2.6.2.3 Patient room smoke detectors. Smoke detectors shall be installed in patient sleeping rooms of hospitals and nursing homes. Such detector's primary power shall be other than battery power. Actuation of such detectors shall cause a visual display on the corridor side of the room where the detector is located and shall cause a distinct audible and visual alarm at the nurse's station attending the room. Such detectors may be part of the facility's fire alarm system, nurse's call system, or a standalone system.

907.2.6.2.3.1 Integral smoke detectors for automatic door-closing devices. Integral smoke detectors for automatic door-closing devices on sleeping room doors can be installed only if they also meet all of the requirements in Section 907.2.6.2.3.

907.2.6.2.4 Sleeping room smoke alarms. For Group I-2 facilities, other than hospitals and nursing homes, single station smoke alarms shall be installed in resident sleeping rooms.

907.2.6.3 Group I-3 occupancies, general. A manual and automatic fire alarm system shall be installed in Group I-3 occupancies in accordance with Sections 907.2.6.3.1 through 907.2.6.3.4.

907.2.6.3.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be installed in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, gift shops, commissaries, and similar areas. Actuation of an automatic fire-extinguishing system, a manual fire alarm box or a fire detector shall initiate an approved fire alarm signal, which automatically notifies staff. Presignal systems shall not be used.

907.2.6.3.2 Manual fire alarm boxes. Manual fire alarm boxes are not required to be located in accordance with Section 907.4 where the fire alarm boxes are provided at staff-attended locations having direct supervision over areas where manual fire alarm boxes have been omitted.

Manual fire alarm boxes are permitted to be locked in areas occupied by detainees, provided that staff members are present within the subject area and have keys readily available to operate the manual fire alarm boxes.

907.2.6.3.3 Smoke detectors. An approved automatic smoke-detection system shall be installed throughout resident housing areas, including sleeping areas and contiguous day rooms, group activity spaces, and other common spaces normally accessible to residents.

Exceptions:

1. Other approved smoke-detection arrangements providing equivalent protection, such as placing detectors in exhaust ducts from cells or behind protective grills, are allowed when necessary to prevent damage or tampering.

2. Smoke detectors are not required in sleeping rooms with four or fewer occupants in smoke compartments that are equipped throughout with an approved automatic sprinkler system.

907.2.6.3.4 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a signal that is distinctive from audible signals used for other purposes in the same building. Such signal is intended to notify staff and need not meet the minimum sound pressure levels required for general evacuation fire alarm notification. In addition, activation of the fire alarm system shall immediately transmit an alarm to an approved central station or remote station service.

907.2.6.4 Group I-4 occupancies, general. A manual and automatic fire alarm system shall be installed in Group I-4 occupancies in accordance with Sections 907.2.6.4.1 through 907.2.6.4.2.

907.2.6.4.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be installed in laundry and soiled linen rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, gift shops, and similar areas. Automatic smoke detectors shall be provided in corridors and areas that are open to corridors.

907.2.6.4.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal. In addition, activation of the fire alarm system shall immediately transmit an alarm signal to an approved central station or remote station service.

Subp. 9. IFC Section 907.2.7.

IFC Section 907.2.7 and all subsections are deleted in their entirety.

Subp. 10. IFC section 907.2.8.

IFC section 907.2.8 and all subsections are deleted in their entirety and replaced with the following:

907.2.8 Group R-1, general. A fire alarm system shall be installed in accordance with Sections 907.2.8.1 through 907.2.8.3 in Group R-1 occupancies.

Exceptions:

1. A fire alarm system is not required in buildings not over two stories in height where all individual sleeping units and contiguous attic and crawl spaces are separated from each other and public or common areas by at least one-hour fire partitions and each sleeping unit has an exit directly to a public way, exit court or yard.

2. Buildings containing five or fewer sleeping units shall be allowed to be equipped with approved multiple-station smoke alarms installed as required for Group R-3 occupancies. Installation shall be in accordance with Section 907.2.10.

907.2.8.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry and soiled linen rooms, mechanical and electrical rooms, trash-collection rooms, storage rooms, gift shops, kitchens, locker rooms, custodial closets, lounges, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

Exception: System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed in accordance with Section 903.3.1.1 or 903.3.1.2 and a manual fire alarm box is provided at a constantly attended location. When a constantly attended location is not provided, the manual fire alarm box shall be provided at the main exit.

907.2.8.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

907.2.8.3 Sleeping unit smoke alarms. Sleeping unit smoke alarms required by Section 907.2.10 shall not be connected to a fire alarm system.

Exception: Connection of such alarms for annunciation only.

Subp. 11. IFC section 907.2.9.

IFC section 907.2.9 and all subsections are deleted and replaced with the following:

907.2.9 Groups R-2 and R-4, general. Fire alarm systems and smoke alarms shall be installed in Group R-2 and Group R-4 occupancies. Group R-2 occupancies shall comply with Sections 907.2.9.1 through 907.2.9.1.3. Group R-4 occupancies shall comply with Sections 907.2.9.2 through 907.2.9.2.3.

907.2.9.1 Group R-2, general. A fire alarm system shall be installed in accordance with Sections 907.2.9.1 through 907.2.9.1.2 in Group R-2 occupancies where:

1. any sleeping unit or dwelling unit is located two or more stories above the story containing the lowest level of exit discharge;

2. any sleeping unit or dwelling unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit;

3. the building contains more than 16 dwelling units or sleeping units; or

4. the building is used as a congregate living facility, dormitory, convent, monastery, fraternity, sorority, group home, or shelter and has an occupant load of 20 or more.

Exception: A fire alarm system is not required in buildings not over two stories in height where all dwelling units and contiguous attic and crawl spaces are separated from each other and public or common areas by at least one-hour fire partitions and each dwelling unit has an exit directly to a public way, exit court, or yard.

907.2.9.1.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Automatic fire detectors shall be provided in boiler and furnace rooms, trash-collection rooms, shops, laundry rooms, common kitchens, locker rooms, lounges, mechanical and electrical rooms, storage rooms, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as a required means of egress.

Exception: System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed throughout the building.

907.2.9.1.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

907.2.9.1.3 Dwelling unit smoke alarms. Dwelling unit smoke alarms required by Section 907.2.10 shall not be connected to the building fire alarm system.

Exception: Connection of such alarms for annunciation only.

907.2.9.2 Group R-4, general. A fire alarm system shall be installed in accordance with Sections 907.2.9.2.1 through 907.2.9.2.3 in Group R-4 occupancies.

Exceptions:

1. A fire alarm system is not required in buildings two stories or less in height where all individual sleeping units and attic and crawl spaces contiguous to those units are separated from each other and public or common areas by at least one-hour fire partitions and each sleeping unit room has an exit directly to a public way, exit court, or yard.

2. Buildings containing five or fewer sleeping units are permitted to be equipped with approved multiple-station smoke alarms installed as required for Group R-3 occupancies. Installation shall be in accordance with Section 907.2.10.

907.2.9.2.1 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry and soiled linen rooms, mechanical and electrical rooms, common kitchens, lounges, trash-collection rooms, storage rooms, gift shops, locker rooms, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

Exception: System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed in accordance with section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

907.2.9.2.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

907.2.9.2.3 Smoke alarms. Single and multiple-station smoke alarms shall be installed in accordance with Section 907.2.10.

Subp. 11a.

[Renumbered subp 11]

Subp. 12.

[Repealed, 40 SR 1437]

Subp. 13.

[Repealed, 44 SR 610]

Subp. 14.

[Repealed, 40 SR 1437]

Subp. 15. IFC section 907.2.

IFC section 907.2 is amended by adding sections to read:

907.2.24 Residential hospices. A fire alarm system shall be installed in accordance with Sections 907.2.24.1 and 907.2.24.2 in residential hospices. When automatic sprinkler systems or automatic fire detectors are installed, such systems or detectors shall be connected to the building fire alarm system.

907.2.24.1 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, kitchens, laboratories, shops, gift shops, commissaries, laundry and soiled linen rooms, mechanical and electrical rooms, locker rooms, storage rooms, custodial closets, trash-collection rooms, lounges, and similar areas. Automatic smoke detectors shall be provided in sleeping rooms, corridors, and spaces open to the corridors.

Exception: Manual fire alarm boxes are not required at exits if manual fire alarm boxes are located at all nurses' stations or other constantly attended staff locations, provided such fire alarm boxes are visible and continuously accessible and that travel distances required by Section 907.4.2 are not exceeded.

907.2.24.2 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal. In addition, the fire alarm system shall be monitored by an approved central station service in accordance with Section 903.4.1.

Exception: In lieu of audible notification appliances, visible notification appliances shall be allowed to be used in sleeping areas.

Subp. 15a. IFC section 907.3.

IFC section 907.3 is amended and sections added to read:

907.3 Fire safety functions. Automatic fire detectors required by Section 907.2 and Chapter 11 are to activate notification appliances in accordance with those sections. When automatic fire detectors are installed for other fire safety functions, they shall perform the intended function upon activation. When automatic detectors are installed for fire safety functions and the building has a fire alarm system, the detectors shall activate supervisory signals at the fire alarm control panel or at a constantly attended location. When the building does not have a fire alarm system, the detectors shall activate a visual and audible supervisory signal at an approved location, which shall indicate the source of the signal.

907.3.1 Air distribution and air-handling systems. Smoke detectors installed to shut down the air distribution or air-handling system shall, upon activation, perform the intended function. Air distribution or air-handling equipment that is part of a smoke-control system shall switch to smoke-control mode upon activation of a detector.

907.3.1.1 Fire alarm system interface. Smoke detectors that are installed in air distribution or air-handling systems for shutdown purposes and that are connected to a fire alarm system shall not sound a general evacuation signal.

907.3.2 Elevator control functions. Smoke detectors that are installed to control or recall elevators or to control doors for elevators, elevator lobbies, or elevator shafts and that are connected to a fire alarm system shall not sound a general evacuation signal. Elevator recall and firefighter's emergency operation for elevators shall only be controlled by elevator smoke detectors and shall not initiate upon other building fire detectors or evacuation signals.

907.3.3 Door hold-open functions. Smoke detectors that are installed to hold open fire doors under nonemergency conditions and that are connected to a fire alarm system shall sound a general evacuation signal when the doors being held open are part of the means of egress corridor or stair system. Door hold-open smoke detectors are not required to activate a visual or audible signal.

(Section 907.3.4 still applies.)

Subp. 15b. IFC section 907.5.2.1.2.

IFC section 907.5.2.1.2 is amended to read:

907.5.2.1.2 Maximum sound pressure. Fire alarm system audibility levels shall not exceed 35 dB above the average ambient sound level described in Section 907.5.2.1.1 or 35 dB above the peak ambient sound level. The maximum sound pressure level for audible alarm notification appliances shall be 110 dBA at the minimum hearing distance from the audible appliance. Where the average ambient noise is greater than 95 dBA, visible alarm notification appliances shall be provided in accordance with NFPA 72 and audible alarm notification appliances shall not be required.

Subp. 15c. IFC section 907.6.6.

IFC section 907.6.6 is amended to read as follows:

907.6.6 Monitoring. Where provided, monitoring of fire alarm systems shall comply with Sections 907.6.6.1 and 907.6.6.2.

(The exceptions are removed. Subsections 907.6.6.1 and 907.6.6.2 remain unchanged.)

Subp. 16.

[Repealed, 40 SR 1437]

Subp. 17.

[Repealed, 40 SR 1437]

Subp. 18.

[Repealed, 40 SR 1437]

Subp. 19.

[Repealed, 40 SR 1437]

Subp. 20.

[Repealed, 40 SR 1437]

Subp. 21.

[Repealed, 40 SR 1437]

Subp. 22.

[Repealed, 40 SR 1437]

Subp. 23.

[Repealed, 40 SR 1437]

Subp. 24.

[Repealed, 40 SR 1437]

Subp. 25. IFC section 907.8.2.

IFC section 907.8.2 is amended to read:

907.8.2 Testing. Fire alarm systems shall be inspected and tested at least annually in accordance with NFPA 72 or more frequently where required by the code official.

Exception: Devices or equipment that are inaccessible for safety considerations shall be tested during scheduled shutdowns where approved by the code official, but not less than every 18 months.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 36 SR 1479; 40 SR 1437; 44 SR 610

Minn. R. 7511.0908 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.0909 Section 909, Smoke Control Systems

Subpart 1.

[Repealed, 40 SR 1437]

Subp. 1a. IFC section 909.1.

IFC section 909.1 is amended to read as follows:

909.1 Scope and purpose. This section applies to mechanical or passive smoke control systems when they are required for new buildings or portions thereof by provisions of this code or the Building Code. The purpose of this section is to establish minimum requirements for the design, installation, and acceptance testing of smoke control systems that are intended to provide a tenable environment for the evacuation or relocation of occupants and for fire suppression and overhaul efforts. These provisions are not intended for the preservation of contents or the timely restoration of operations.

Subp. 1b. IFC section 909.4.6.

IFC section 909.4.6 is amended to read as follows:

909.4.6 Duration of operations. All portions of the active or passive smoke control system shall be capable of continued operation after detection of the fire event for a period of not less than 20 minutes. System design shall be for 20 minutes; however fans shall continue to operate after 20 minutes and shall continue to operate automatically for smoke removal during fire suppression and overhaul efforts for a minimum of 5 minutes for every 10 feet vertically of protected space.

Subp. 1c. IFC section 909.4.8.

IFC section 909.4 is amended by adding a section to read as follows:

909.4.8 Door opening force. With any of the design methods allowed by Section 909, the door opening force, latch release, and set-in-motion force shall comply with Section 1010.1.3 requirements when the system is in smoke control mode.

Subp. 1d. IFC section 909.20.

IFC section 909.20 is amended and a section added to read:

909.20 Maintenance. Smoke control systems and post-fire smoke exhaust systems shall be maintained to ensure to a reasonable degree that the system is capable of controlling smoke for the duration required. The system shall be maintained in accordance with the manufacturer's instructions and Sections 909.20.1 through 909.20.7.

(Sections 909.20.1 to 909.20.6 remain unchanged.)

909.20.7 Qualifications. Special inspection agencies for smoke control shall have expertise in fire protection engineering, mechanical engineering, and certification as air balancers.

Subp. 2. IFC section 909.22.

IFC section 909 is amended by adding a section to read:

909.22 High-rise and covered mall smoke-exhaust systems. High-rise buildings, not provided with a smoke control or a post-fire smoke exhaust system, shall be equipped with a smoke removal system installed and maintained in accordance with the Building Code. Covered mall buildings exceeding 50,000 square feet (4,645 m2) in floor area, excluding anchor stores, and not provided with a smoke control system, shall be equipped with a post-fire smoke exhaust system installed and maintained in accordance with the Building Code.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0910 Section 910, Smoke and Heat Removal

Subpart 1. IFC section 910.1.

IFC section 910.1 is amended by adding sections to read:

910.1.1 Required venting method. Required smoke and heat venting shall be accomplished with mechanical smoke exhaust according to Section 910.4.

Exceptions:

1. Calculated engineering design of mechanical smoke exhaust in accordance with Section 910.5 shall be permitted for buildings sprinklered throughout.

2. For non-sprinklered buildings, smoke and heat vents as specified in Section 910.3 shall be permitted.

3. Where approved by the fire code official, smoke and heat vents as specified in Section 910.3 shall be permitted in sprinklered buildings.

910.1.2 Listing. Smoke and heat vents and mechanical smoke exhaust fans shall be listed for the intended purpose.

910.1.3 Curtain boards. When mechanical smoke exhaust is provided in accordance with Section 910.4 or 910.5, curtain boards are only required at the separation between areas protected with early suppression fast response (ESFR) sprinklers and conventional sprinkler systems.

Subp. 2. IFC section 910.4.

IFC section 910.4 is amended to read:

910.4 Mechanical smoke exhaust. Mechanical smoke exhaust shall be in accordance with Sections 910.4.1 through 910.4.7.

(Subsections 910.4.1 through 910.4.7 remain unchanged except as amended in subparts 2a and 3.)

Subp. 2a. IFC section 910.4.3.1

IFC section 910.4.3.1 is amended to read:

910.4.3.1 Supply air. Supply air for exhaust fans shall be sized to provide a minimum of 50 percent of the required exhaust. Air velocity at each supply air opening shall not exceed an average of 200 feet per minute when measured 4 feet (1,219 mm) in front of the opening. Openings for supply air shall be uniformly distributed around the periphery of the area served and be located or ducted to a position not more than one-half the storage height above the floor. Supply air openings shall open automatically upon operation of the smoke exhaust system and shall not require a manual action at each supply opening for operation. Supply air openings shall be kept clear of storage or obstructions to airflow for at least 4 feet (1,219 mm) in front of the opening. Supply air openings shall be separated from exhaust fans and exterior combustibles to prevent introduction of smoke into the building.

Subp. 3. IFC section 910.4.4.

IFC section 910.4.4 is amended to read:

910.4.4 Operation. Mechanical smoke exhaust fans shall be manually activated. Individual manual controls of each fan unit shall also be provided.

Subp. 4.

[Renumbered subp 2a]

Subp. 5. IFC section 910.5.

IFC section 910.5 is amended and subsections added to read as follows:

910.5 Calculated engineering design of mechanical smoke exhaust. Calculated engineering design of mechanical smoke exhaust shall be in accordance with Sections 910.5.1 through 910.5.5.

910.5.1 Methodology. Mechanical smoke exhaust systems shall be designed to remove smoke after a fire is extinguished and to assist the fire department during suppression operations or during marginal sprinkler control situations. They are not considered life safety systems and are not designed for occupant safety.

910.5.2 Calculation method. Volumetric flow rate calculations shall demonstrate that the system will provide at least three air changes per hour for the space required to be provided with smoke exhaust. When only a portion of a space is used for high-piled storage requiring smoke exhaust, the volume to be extracted shall be based on the ceiling height multiplied by the actual gross floor area for storage.

910.5.3 Operation. Mechanical smoke exhaust fans shall be manually activated. In addition, individual manual controls of each fan unit shall also be provided.

910.5.4 Supply air. Supply air for exhaust fans shall be sized to provide a minimum of 50 percent of the required exhaust. Air velocity at each supply air opening shall not exceed an average of 200 feet per minute when measured 4 feet (1,219 mm) in front of the opening. Openings for supply air shall be uniformly distributed around the periphery of the area served and be located or ducted to a position not more than one-half the storage height above the floor. Supply air openings shall open automatically upon operation of the smoke exhaust system and shall not require a manual action at each supply opening for operation. Supply air openings shall be kept clear of storage or obstructions to airflow for at least 4 feet (1,219 mm) in front of the opening. Supply air openings shall be separated from exhaust fans and exterior combustibles to prevent introduction of smoke into the building.

910.5.5 Equipment. Wiring and controls shall be as required in Sections 910.4.5 and 910.4.6. Interlock controls shall be as required in Section 910.4.7. Exhaust fans shall be uniformly spaced and each fan shall have a maximum individual capacity of 30,000 cfm (850 m3/min).

Subp. 6. IFC section 910.6.

IFC section 910 is amended by adding a subsection to read as follows:

910.6 Testing and maintenance. Mechanical smoke exhaust systems shall be tested and maintained as required in Sections 910.6.1 through 910.6.4.

910.6.1 Acceptance testing. Mechanical smoke exhaust systems shall be acceptance tested as required by Sections 909.18 and 909.19.

910.6.1.1 Controls. For testing purposes, each smoke exhaust system equipped for automatic activation shall be put into operation by the actuation of the automatic initiating device. Control sequences shall be verified throughout the system, including verification of override from the firefighter's control panel when systems are equipped for automatic activation.

910.6.2 Special inspections. Special inspections for mechanical smoke exhaust shall be conducted according to Section 909.18.8.

910.6.3 Maintenance. Mechanical smoke exhaust systems, including exhaust fans, supply air openings and controls, shall be maintained and unobstructed.

910.6.4 Operational testing. Operational testing of the smoke exhaust system shall include all equipment such as initiating devices, fans, dampers, controls and supply air openings. Mechanical smoke exhaust systems shall be operated and tested under each control sequence at least annually.

Subp. 7. IFC section 910.7.

IFC section 910 is amended by adding a section to read as follows:

910.7 Maintenance. Smoke and heat vents shall be maintained in an operative condition in accordance with NFPA 204. Fusible links shall be promptly replaced whenever fused, damaged, or painted. Smoke and heat vents shall not be modified.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.0912 Section 912, Fire Department Connections

IFC Section 912.2 is amended by adding a section to read:

912.2.3 Connection height. Newly installed fire department connections shall be located not less than 18 inches (457 mm) and not more than 4 feet (1.2 m) above the level of the adjacent grade or access level.

History

• Statutory Authority: MS s 299F.011
• History: 32 SR 10

Minn. R. 7511.0915 Section 915, Carbon Monoxide Detection

Subpart 1. IFC section 915.1.1.

IFC section 915.1.1 is amended by adding an exception to read:

Exception: In multifamily dwellings, approved and operational carbon monoxide alarms may be installed between 15 and 25 feet of carbon monoxide-producing central fixtures and equipment provided there is a centralized alarm system or other approved mechanism for responsible parties to hear the alarms at all times.

Subp. 2. IFC section 915.2.

IFC section 915.2 and subsections 915.2.1 and 915.2.2 are amended to read as follows:

915.2 Locations. Where required by Section 915.1.1, carbon monoxide detection shall be installed in the locations specified in Sections 915.2.1 through 915.2.3.

915.2.1 Dwelling units. Carbon monoxide detection shall be installed in dwelling units outside of each separate sleeping area within 10 feet of the bedrooms. Where a fuel-burning appliance is located in a bedroom or its attached bathroom, carbon monoxide detection shall be installed within the bedroom.

915.2.2 Sleeping units. Carbon monoxide detection shall be installed in sleeping units.

Exception: Carbon monoxide detection shall be allowed to be installed outside of each separate sleeping area within 10 feet of the sleeping unit where the sleeping unit or its attached bedroom does not contain a fuel-burning appliance and is not served by a forced air furnace.

(Section 915.2.3 remains unchanged.)

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.1001 Section 1001, Administration

Subpart 1. IFC section 1001.1.

IFC section 1001.1 is amended to read:

1001.1 General. Buildings or portions thereof shall be provided with a means of egress system as required by this chapter. The provisions of this chapter shall control the design, construction, and arrangement of means of egress components required to provide an approved means of egress from structures and portions thereof. Sections 1003 through 1031 shall apply to new construction. Sections 1001, 1002, 1031, and 1104 shall apply to existing buildings.

1001.1.1 Compliance options. Means of egress installed and maintained in accordance with the Minnesota Residential Code or Building Code, when applicable, shall be deemed to comply with this chapter.

Subp. 1a.

[Repealed, 44 SR 610]

Subp. 2. IFC section 1001.3.

IFC section 1001 is amended by adding a section to read:

1001.3 Special exiting provisions for younger students. Rooms in Group E occupancies used by preschool, kindergarten, first- or second-grade pupils, latchkey, child care, early childhood family education, teen parent, or similar programs shall be located as required by the Building Code.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1002 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.1006 Section 1006, Number of Exits and Exit Access Doorways

Subpart 1. IFC Table 1006.2.1.

Table 1006.2.1 is amended to read as follows:

TABLE 1006.2.1

SPACES WITH ONE EXIT OR EXIT ACCESS DOORWAY

NP = Not Permitted

a Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. See Section 903 for occupancies where automatic sprinkler systems are permitted in accordance with Section 903.3.1.2.

b Group H occupancies equipped throughout with an automatic sprinkler system in accordance with Section 903.2.5.

c For a room or space used for assembly purposes having fixed seating, see Section 1029.8.

d For the travel distance limitations in Group I-2, see Section 407.4 of the Building Code.

e The common path of egress travel distance in a Group S-2 open parking garage shall not be more than 100 feet.

f For the travel distance limitations in Groups R-3 and R-4 equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.3, see Section 1006.2.2.6.

Subp. 2. IFC section 1006.2.2.1.

IFC section 1006.2.2.1 is amended to read as follows:

1006.2.2.1 Boiler, incinerator, and furnace rooms. Two exit access doorways are required in boiler, incinerator, and furnace rooms where the area is over 500 square feet (46 m2) and any fuel-fired equipment exceeds 400,000 British thermal units (Btu) (422,000 kJ) input capacity. Where two exit access doorways are required, one is permitted to be a fixed ladder or an alternating tread device. Exit access doorways shall be separated by a horizontal distance equal to one-half the length of the maximum overall diagonal dimension of the room. The exit access path of travel shall not converge to a separation distance less than one-third the length of the maximum overall diagonal dimension of the room.

Subp. 3. IFC section 1006.2.2.4.

IFC section 1006.2.2.4 is amended to read as follows:

1006.2.2.4 Group E and I-4 means of egress. Group E and I-4 facilities, rooms, or spaces where care is provided for more than 10 children that are 2-1/2 years of age or less shall have access to not less than two exits or exit access doorways.

Subp. 4. IFC section 1006.2.2.7.

IFC section 1006.2.2 is amended by adding a subsection to read as follows:

1006.2.2.7 Educational occupancy laboratories and prep areas. Laboratories and prep areas containing hazardous materials shall be provided with not less than two means of egress when located in an E occupancy and the space is greater than 500 square feet.

Subp. 5. IFC section 1006.3.3.

IFC section 1006.3.3 is amended to read as follows:

1006.3.3 Single exits. A single exit or access to a single exit shall be permitted from any story or occupied roof where one of the following conditions exists:

1. The occupant load, number of dwelling units or sleeping units, and common path of egress travel distance do not exceed the values in Table 1006.3.3(1) or 1006.3.3(2).

2. Rooms, areas, and spaces complying with Section 1006.2.1 with exits that discharge directly to the exterior at the level of exit discharge, are permitted to have one exit or access to a single exit.

3. Parking garages where the vehicles are mechanically parked shall be permitted to have one exit or access to a single exit.

4. Group R-3 and R-4 occupancies shall be permitted to have one exit or access to a single exit.

5. Individual single-story or multi-story dwelling units and sleeping units shall be permitted to have a single exit or access to a single exit from each dwelling unit or sleeping unit, provided that both of the following criteria are met:

5.1 Each dwelling unit and sleeping unit complies with Section 1006.2.1 as a space with one means of egress.

5.2 Each sleeping unit and dwelling unit either: (a) has an exit that discharges directly to the exterior at the level of exit discharge; or (b) has an exit access outside the entrance door that provides access to at least two approved independent exits.

(Subsection 1006.3.3.1 remains unchanged.)

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.1007 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.1008 [Renumbered 7511.1010]

[Renumbered 7511.1010]

Minn. R. 7511.1009 [Renumbered 7511.1011]

[Renumbered 7511.1011]

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.1010 Section 1010, Doors, Gates and Turnstiles

Subpart 1. IFC section 1010.1.5.

IFC section 1010.1.5 is amended by modifying exception 5 to read as follows:

5. Exterior decks, patios, or balconies that are part of Type B dwelling units, have impervious surfaces, and are not more than 2 inches (50 mm) below the finished floor level of the adjacent interior space of the dwelling unit.

Subp. 1a. IFC section 1010.1.9.1.

IFC section 1010.1.9.1 is amended to read:

1010.1.9.1 Hardware. Except as permitted by Section 1010.1.9.4, door handles, pulls, latches, locks, and other operating devices on doors shall only require a single operation to release the door from the egress side.

Subp. 1b. IFC section 1010.1.9.2.

The exception to IFC section 1010.1.9.2 is amended to read as follows:

Exception: The ingress side of access doors or gates in barrier walls and fences protecting pools, spas, and hot tubs shall be permitted to have operable parts of the latch release on self-latching devices at 54 inches (1,370 mm) maximum above the finished floor or ground, provided that the self-latching devices are not also self-locking devices operated by means of a key, electronic opener, or integral combination lock. All hardware shall comply with Section 1010.1.9.6.

Subp. 1c. IFC section 1010.1.9.4.

IFC section 1010.1.9.4 is amended to read as follows:

1010.1.9.4 Locks and latches. Locks and latches shall be permitted to prevent operation of doors where any of the following exists:

1. Places of detention or restraint.

2. In buildings in occupancy Group A having an occupant load of 300 or less, in buildings in occupancy Groups B, F, M, and S and in places of religious worship, the main exterior door or doors are permitted to be equipped with key-operated locking devices from the egress side, provided:

2.1 The locking device is readily distinguishable as locked.

2.2 A readily visible durable sign is posted on the egress side on or adjacent to the door stating: THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED. The sign shall be in letters 1 inch (25 mm) high on a contrasting background.

2.3 The use of the key-operated locking device is revocable by the fire code official for due cause.

3. Where egress doors are used in pairs, approved automatic flush bolts shall be permitted to be used, provided that the door leaf having the automatic flush bolts has no doorknob or surface-mounted hardware.

4. Doors from individual dwelling or sleeping units of Group R occupancies having an occupant load of ten or less are permitted to be equipped with a night latch, dead bolt, or security chain, provided such devices are openable from the inside without the use of a key or tool.

5. Fire doors, after the minimum elevated temperature has disabled the unlatching mechanism in accordance with listed fire door test procedures.

6. Doors serving roofs not intended to be occupied shall be permitted to be locked preventing entry to the building from the roof.

7. Delayed egress locks, installed and maintained in conformance with Section 1010.1.9.8.

8. Controlled egress doors installed and maintained in conformance with Section 1010.1.9.7.

9. Electrically locked egress doors installed and maintained in conformance with Section 1010.1.9.9 or 1010.1.9.10.

10. In rooms, other than detention cells, where occupants are being restrained for safety or security reasons, special detention arrangements that comply with the requirements of Section 1010.1.11 are permitted.

11. Means of egress stairway doors, installed and maintained in conformance with Section 1010.1.9.12.

Subp. 1d. IFC section 1010.1.9.7.

IFC section 1010.1.9.7 is amended to read:

1010.1.9.7 Controlled egress doors in Groups I-1, I-2, R-3, and R-4 occupancies. Controlled egress door locking systems, including electromechanical locking systems and electromagnetic locking systems, shall be permitted in Groups I-1, I-2, R-3, and R-4 occupancies when a person's clinical needs require their containment. Controlled egress doors shall be permitted in these occupancies when the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 and an approved automatic smoke detection system installed in accordance with Section 907. Electric locking systems and controlled egress doors shall comply with the requirements in items 1 through 11 below.

1. The egress control locks shall unlock upon actuation of either the automatic sprinkler system or the automatic smoke detection system within the means of egress served by the locked area.

2. The egress control locks shall unlock upon loss of power controlling the lock or lock mechanism.

3. The egress control locking system shall have the capability of being unlocked by a signal or switch from the fire command center, a nursing station, or other approved location. The signal or switch shall directly break power to the lock.

4. A building occupant shall not be required to pass through more than one door equipped with a controlled egress lock before entering an exit.

5. The procedures for the operations of the unlocking system shall be described and approved as part of the emergency planning and preparedness required by Chapter 4.

6. All clinical staff shall have the keys, codes, or other means necessary to operate the controlled egress locking devices or systems.

7. Emergency lighting shall be provided at both sides of a door equipped with a controlled egress locking device.

8. 24-hour resident or patient supervision is provided within the secured area.

9. The controlled egress locking devices are designed to fail in the open position.

10. Floor levels within the building or portion of the building with controlled egress locking devices shall be divided into at least two compartments by smoke barriers meeting the requirements of the Minnesota Building Code.

11. The controlled egress door locking system units shall be listed in accordance with UL 294.

Exceptions to items 1 through 11:

1. Items 1 through 4 shall not apply to doors to areas occupied by persons who, because of clinical needs, require restraint or containment as part of the function of a psychiatric treatment area.

2. Items 1 through 4 shall not apply to doors to areas where a listed egress control system is utilized to reduce the risk of child abduction from nursery and obstetric areas of a Group I-2 hospital.

3. Item 10 shall not apply to existing Group R-3 or R-4, Condition 1 occupancies where all of the following conditions apply: (a) the construction of smoke barrier compartmentation is not practical; (b) existing sleeping rooms are provided with smoke-tight construction; and (c) existing sleeping rooms have an emergency escape and rescue opening complying with Section 1030.

Subp. 2. IFC sections 1010.1.9.8 and 1010.1.9.8.1.

IFC sections 1010.1.9.8 and 1010.1.9.8.1 are amended to read:

1010.1.9.8 Delayed egress door locks. Delayed egress locking systems shall be permitted to be installed on doors serving the following occupancies in buildings that are equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or an approved smoke detection system installed throughout the means of egress in accordance with Section 907:

1. Group B, F, I, M, R, S, and U occupancies.

2. Group E in locations where the means of egress does not serve an assembly use area.

Exception: Delayed egress locking systems shall be permitted to be installed on exit or exit access doors, other than the main exit or exit access door, serving a courtroom in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

1010.1.9.8.1 Delayed egress locking system. The delayed egress locking system shall be installed and operated in accordance with one of the following:

1. The delay electronics of the delayed egress locking system shall deactivate upon actuation of the automatic sprinkler system or automatic fire detection system, allowing immediate free egress.

2. The delay electronics of the delayed egress locking system shall deactivate upon loss of power controlling the lock or lock mechanism, allowing immediate free egress.

3. The delayed egress locking system shall have the capability of being deactivated at the fire command center and other approved locations.

4. An attempt to egress shall initiate an irreversible process that shall allow egress in not more than 15 seconds when a physical effort to exit of not more than 15 pounds (67 N) is applied to the egress side door hardware for not more than one second. Initiation of the irreversible process shall activate an audible signal in the vicinity of the door. Once the delay electronics have been deactivated from an approved location, relocking the delay electronics shall be by manual means only.

Exception to item 4. Where approved, a delay of not more than 30 seconds is permitted on a delayed egress door.

5. The egress path from any point shall not pass through more than one delayed egress locking system.

Exceptions to item 5.

1. In Group I-2 or I-3 occupancies, the egress path from any point in the building shall pass through not more than two delayed egress locking systems provided that the combined delay does not exceed 30 seconds.

2. In Group I-1 or I-4 occupancies, the egress path from any point in the building shall pass through not more than two delayed egress locking systems provided that the combined delay does not exceed 30 seconds and the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

3. A sign shall be provided on the door and shall be located above and within 12 inches (305 mm) of the door exit hardware.

6.1 For doors that swing in the direction of egress, the sign shall read: PUSH UNTIL ALARM SOUNDS. DOOR CAN BE OPENED IN 15 [30] SECONDS.

6.2 For doors that swing in the opposite direction of egress, the sign shall read: PULL UNTIL ALARM SOUNDS. DOOR CAN BE OPENED IN 15 [30] SECONDS.

6.3 The sign shall comply with the visual character requirements in ICC A117.1.

Exception to item 6. Where approved, in Group I occupancies, the installation of a sign is not required where care recipients, because of clinical needs, require restraint or containment as part of the function of the treatment area.

7. Emergency lighting shall be provided on the egress side of the door.

8. The delayed egress locking system units shall be listed in accordance with UL 294.

Subp. 2a. IFC section 1010.1.9.12.

IFC section 1010.1.9.12 is amended by revising exception 3 to read as follows:

3. In stairways serving not more than four stories, doors are permitted to be locked from the side opposite the egress side. The exit door is permitted to be locked but shall be openable from the egress side.

Subp. 3. IFC section 1010.1.

IFC section 1010.1 is amended by adding subsections to read:

1010.1.11 Special detention arrangements. Special detention arrangements meeting the requirements of Sections 1010.1.11.1 through 1010.1.11.4 are permitted for rooms, other than cells, where the occupants are being restrained for safety or security reasons. The use of Sections 1010.1.11.1 through 1010.1.11.4 may be revoked by the fire code official for due cause.

1010.1.11.1 Locking hardware. Locking devices shall release upon any of the following conditions:

1. Activation of the automatic sprinkler system.

2. Activation of any automatic fire detection device.

3. Activation of an automatic fire alarm system.

4. Loss of electrical power to the locking device or the fire alarm system.

5. Activation of the fire alarm trouble signal.

6. Operation of a manual switch located in an approved location.

All locking devices shall be designed to fail in the open position. Following the release of the locking devices for any of the conditions specified in Items 1 through 6, relocking the devices shall be by manual means only at the door.

1010.1.11.2 Fire-extinguishing system. When special detention arrangements are used, the room or area being secured shall be protected with quick-response sprinklers.

1010.1.11.3 Fire alarm and detection. When special detention arrangements are used, the room or area and spaces between the room or area and an exterior exit door shall be protected with automatic smoke detection connected to the building's fire alarm system. If the walls of the room or area do not extend to the ceiling, automatic smoke detection can be provided in the adjacent room or area, provided that there are no substantial obstructions to delay activation of the smoke detection.

1010.1.11.4 Door swing. Doors separating detention rooms from other spaces must swing in the direction of egress travel from the detention room.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1011 Section 1011, Stairways

Subpart 1. IFC section 1011.14.

IFC section 1011.14 is amended to read:

1011.14 Alternating tread devices. Alternating tread devices are limited to an element of a means of egress in buildings of Groups F, H, and S from a mezzanine not more than 250 square feet (23 m2) in area and which serves not more than five occupants; and in buildings of Groups I-3 from a guard tower, observation station, or control room not more than 250 square feet (23 m2) in area and for access to unoccupied roofs. Access to mechanical equipment or appliances on a roof shall be in accordance with IBC Section 1208.3.1 and the Minnesota Mechanical Code.

(IFC sections 1011.14.1, 1011.14.2, and the exception still apply.)

Subp. 2. IFC section 1011.15.

IFC section 1011.15 and all subsections are deleted in their entirety and replaced with the following:

1011.15 Ships ladders. Ships ladders constructed as required for permanent stairs in accordance with the Minnesota Mechanical Code shall be permitted to be used as a means of egress component at the following locations:

1. Ships ladders are permitted to be used in Group I-3 occupancies for means of egress at control rooms or elevated facility observation stations not more than 250 square feet (23 m2) in floor area.

2. Ships ladders are permitted to be used as a component for means of egress at recessed or elevated floors or platforms when the area served has an occupant load of five or fewer, and the space meets all of the following criteria:

2.1 access to the area served is limited to building facilities staff, maintenance staff, employees, or other authorized personnel;

2.2 required access to the area served is limited and periodic;

2.3 the area served is used for building maintenance service functions, or for equipment access or monitoring;

2.4 the area served is not required to have a second means of egress by other provisions of this code; and

2.5 the area served is not classified as a Group H occupancy.

3. Ships ladders are permitted to be used for access to unoccupied spaces in accordance with the Minnesota Mechanical Code.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1013 [Renumbered 7511.1015]

[Renumbered 7511.1015]

Minn. R. 7511.1014 [Renumbered 7511.1017]

[Renumbered 7511.1017]

Minn. R. 7511.1015 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1017 [Renumbered 7511.1018]

[Renumbered 7511.1018]

Minn. R. 7511.1018 [Renumbered 7511.1020]

[Renumbered 7511.1020]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1019 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.1020 Section 1020, Corridors

Subpart 1. IFC Table 1020.1.

IFC Table 1020.1 is amended as follows:

TABLE 1020.1

CORRIDOR FIRE-RESISTANCE RATING

a For requirements for occupancies in Group I-2, see IBC Sections 407.2 and 407.3.

b For a reduction in the fire-resistance rating for occupancies in Group I-3, see IBC Section 408.8.

c Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2, where allowed.

d Group R-3 and R-4 buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.3. See Section 903.2.8 for occupancies where automatic sprinkler systems are permitted in accordance with Section 903.3.1.3.

Subp. 2. IFC section 1020.6.

IFC section 1020.6 is amended by modifying the exceptions to read as follows:

Exceptions:

1. Foyers, lobbies, or reception rooms constructed as required for corridors shall not be construed as intervening rooms if the aggregate area of these spaces does not exceed 1,000 square feet per floor.

2. Foyers, lobbies, or reception rooms that are more than 1,000 square feet per floor in aggregate area and other rooms or spaces that are constructed as required for corridors shall not be construed as intervening rooms when the rooms or spaces meet the following:

(a) The spaces are not occupied as dwelling units, sleeping units, incidental uses or hazardous uses.

(b) The rooms, spaces, or corridors are protected by an automatic smoke detection system that initiates alarm notification devices in all normally occupied rooms or spaces that use the corridor for a means of egress.

(c) The room or space is arranged so that it does not obstruct access to the required exits.

(d) Group R occupancies shall be provided with an automatic sprinkler system throughout to allow the use of exception #2.

3. Enclosed elevator lobbies as permitted by Section 1016.2, item 1, shall not be constructed as intervening rooms.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1022 [Renumbered 7511.1023]

[Renumbered 7511.1023]

Minn. R. 7511.1023 [Renumbered 7511.1024]

[Renumbered 7511.1024]

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1024 Section 1024, Exit Passageways

IFC section 1024.6 is amended to read as follows:

1024.6 Penetrations. Penetrations into or through an interior exit passageway are prohibited except for the following:

1. Equipment and ductwork necessary for independent ventilation or pressurization.

2. Fire protection systems.

3. Security systems that serve the exit passageway.

4. Wiring that serves the exit passageway.

5. Two-way communication systems that serve the exit passageway.

6. Electrical raceway for fire department communications systems.

7. Electrical raceway serving the exit passageway and terminating in a steel box not exceeding 16 square inches (0.010 m2).

Such penetrations shall be protected in accordance with Section 714 of the Building Code. There shall not be penetrations or communication openings, whether protected or not, between adjacent interior exit stairways and ramps or adjacent exit passageways.

(The exception to Section 1024.6 is deleted.)

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1025 Repealed by subpart

Subpart 1.

[Renumbered 7511.1028, subp 2]

Subp. 2.

[Renumbered 7511.1028, subp 3]

Subp. 3.

[Renumbered 7511.1028, subp 4]

Minn. R. 7511.1026 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.1027 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.1028 [Renumbered 7511.1030]

[Renumbered 7511.1030]

Minn. R. 7511.1029 [Renumbered 7511.1030]

[Renumbered 7511.1030]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; L 2007 c 140 art 4 s 61; art 13 s 4; 40 SR 1437; 44 SR 610

Minn. R. 7511.1030 [Renumbered 7511.1031]

[Renumbered 7511.1031]

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1031 Section 1031, Maintenance of the Means of Egress

Subpart 1. IFC section 1031.2.

IFC section 1031.2 and subsection 1031.2.1 are amended and subsection 1031.2.3 is added to read as follows:

1031.2 Reliability. Required exit accesses, exits, and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency.

1031.2.1 Security devices and egress locks. Security devices affecting means of egress shall be subject to approval of the fire code official. Security devices and locking arrangements in the means of egress that restrict, control, or delay egress shall be installed and maintained as required by this chapter or IFC Chapter 11, as amended.

(IFC section 1031.2.2 remains unchanged.)

1031.2.3 Inspection and testing. Locking arrangements in the means of egress that restrict, control, or delay egress, including locking arrangements and devices in accordance with Sections 1010.1.9.7 through 1010.1.9.10, shall be tested as follows:

1. The primary release functions shall be tested monthly for operability.

2. Fire alarm and sprinkler system interconnects and other failsafe release functions shall be tested at least annually for operability.

3. Testing shall be done by individuals who can demonstrate knowledge and understanding of the operating components of the door being tested.

4. Deficiencies shall be corrected without delay. Written records of inspection and testing shall be kept and available to the fire code official.

Subp. 2. IFC section 1031.3.

IFC section 1031.3 is amended to read:

1031.3 Obstructions. A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice. Means of egress shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. No combustible storage is allowed in corridors or exit stairs.

Subp. 3. IFC section 1031.7.

IFC section 1031.7 is amended to read:

1031.7 Emergency escape and rescue openings. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are allowed to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with this code and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening.

Exception: Window fall protection required by the building code.

Subp. 4. IFC section 1031.10.2.

IFC section 1031.10.2 is amended to read:

1031.10.2 Power test. For battery-powered emergency lighting, a power test of the emergency lighting equipment shall be completed annually. The power test shall operate the emergency lighting for a minimum of 30 minutes. All emergency lighting shall remain sufficiently illuminated for the duration of the test.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.1101 Section 1101, General

IFC section 1101 is amended and sections added to read:

1101.1 Scope. The provisions of IFC Chapter 11, as amended, shall apply to existing buildings constructed prior to the adoption of this code.

1101.2 Intent. The intent of IFC Chapter 11, as amended, is to provide a minimum degree of fire and life safety to persons occupying existing buildings by providing minimum construction requirements.

1101.3 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7.

1101.4 Owner notification. When a building is found to be in noncompliance with IFC Chapter 11, as amended, the code official shall duly notify the owner of the building. Upon receipt of such notice, the owner shall, subject to the following time limits, take necessary actions to comply with the provisions of this chapter.

1101.4.1 Construction documents. Construction documents necessary to comply with IFC Chapter 11, as amended, shall be completed and submitted within a time schedule approved by the code official.

1101.4.2 Completion of work. Work necessary to comply with IFC Chapter 11, as amended, shall be completed within a time schedule approved by the code official.

1101.4.3 Extension of time. The code official is authorized to grant necessary extensions of time when it can be shown that the specified time periods are not physically practical or pose an undue hardship. The granting of an extension of time for compliance shall be based on the showing of good cause and subject to the filing of an acceptable systematic plan of correction with the code official.

1101.5 Compliance option. Existing buildings that meet the requirements of NFPA 101 (Life Safety Code) or chapter 1309, the Minnesota Residential Code, or chapter 1305, the Minnesota Building Code, when applicable, shall be deemed as evidence of compliance with IFC Chapter 11, as amended.

1101.6 Previous codes. Protection features in existing buildings that comply with previous editions of the Fire Code or Building Code shall be considered as complying with IFC Chapter 11, as amended, unless the fire code official issues a written determination listing the conditions that constitute a distinct hazard to life.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437

Minn. R. 7511.1103 Section 1103, Fire Safety Requirements for Existing Buildings

Subpart 1. IFC section 1103.1.

IFC section 1103.1 is amended to read:

1103.1 Required construction. Existing buildings shall comply with the minimum provisions specified in Sections 1103.2 through 1106.1.2.

Table 1103.1 is deleted.

Subp. 2. IFC section 1103.2.

IFC section 1103.2 is deleted.

Subp. 3. IFC section 1103.3.

IFC section 1103.3 and all subsections are deleted.

Subp. 4. IFC section 1103.4.

IFC section 1103.4 and all subsections are deleted entirely and replaced with the following:

1103.4 Vertical openings. Interior vertical shafts, including stairways, elevator hoistways, and service and utility shafts, that connect two or more stories of a building, shall be enclosed or protected as specified in Section 1103.4.1 and Table 1103.4.

1103.4.1 Fire-resistive-rated construction. Where one-hour fire-resistive rated construction is required by IFC Chapter 11, as amended, it includes equivalent ratings for openings in that construction. When openings are required to be protected, opening protectives shall be maintained self-closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing devices are permitted if the fusible link rating does not exceed 135° F (57° C).

TABLE 1103.4

VERTICAL OPENING PROTECTION REQUIRED

a Vertical opening protection is not required for Group R-3 occupancies.

b Vertical opening protection is not required for open parking garages and ramps.

Subp. 5.

[Repealed, 44 SR 610]

Subp. 6. IFC section 1103.5.

IFC section 1103.5 and its subsections are deleted entirely and replaced with the following:

1103.5 Sprinkler systems. An automatic sprinkler system shall be provided in existing buildings in accordance with Sections 1103.5.1 through 1103.5.5.

1103.5.1 Reserved.

1103.5.2 Group I-2. An automatic sprinkler system shall be provided throughout existing Group I-2 fire areas. The sprinkler system shall be provided throughout the floor where the Group I-2 occupancy is located, and in all floors between the Group I-2 occupancy and the level of exit discharge, including the level of exit discharge.

1103.5.3 Basement access or sprinkler protection. An approved automatic sprinkler system shall be provided in the following occupancies located in basements when such areas exceed 2,500 square feet (232.3 m2) in size and do not have 20 square feet (1.86 m2) of opening entirely above the adjoining ground level in each 50 lineal feet (15,240 mm) or fraction thereof of exterior wall on at least one side of the building:

1. Group A occupancies used as commercial drinking and dining establishments.

2. Group A occupancies used as bowling alleys.

3. Group E occupancies used for student occupancy.

4. Group I occupancies.

5. Group R-1 and R-2 occupancies having dwelling units or guest rooms.

Openings required by this section shall have a minimum dimension of 30 inches (762 mm).

If any portion of the basement is located more than 75 feet (22.86 m) from required openings, the basement shall be provided with an approved automatic sprinkler system throughout.

1103.5.4 Pyroxylin plastics. An automatic sprinkler system shall be provided throughout existing buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored, or handled in quantities exceeding 100 pounds (45 kg). Vaults located within buildings for the storage of raw pyroxylin shall be protected with an approved automatic sprinkler system capable of discharging 1.66 gallons per minute per square foot (68 L/mn/m2) over the area of the vault.

1103.5.5 Existing rubbish and linen chutes. Existing rubbish and linen chutes that connect three or more stories shall be protected with automatic sprinklers installed and maintained in conformance with Section 903.2.11.2.

Subp. 7. IFC section 1103.7.

IFC section 1103.7 and its subsections are deleted entirely and replaced with the following:

1103.7 Fire alarm systems. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through 1103.7.6.1.

In buildings containing mixed occupancies that are designed as separated uses (see Section 102.14), fire alarm and detection systems need only be installed in those occupancies where required by this section.

In areas protected by an approved, supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, automatic fire detectors required by Section 1103.7 need not be provided. Where Section 1103.7 requires smoke detectors, such protection shall be installed.

1103.7.1 Group A, general. A fire alarm system shall be installed in accordance with Sections 1103.7.1 through 1103.7.1.3.1 in existing Group A occupancies having an occupant load of 300 or more.

1103.7.1.1 Exemptions for Group A. A fire alarm system is not required in Group A occupancies having the following conditions:

1. Assembly areas used solely for worship purposes.

2. A fire alarm system is not required when an approved automatic fire-sprinkler system is installed throughout the building.

3. Assembly uses located inside Group E occupancies shall have alarms as required for the Group E occupancy.

4. A-5 occupancies.

1103.7.1.2 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be installed in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, kitchens, trash-collection rooms, storage rooms, and similar areas.

1103.7.1.3 Notification. The required fire alarm system shall activate an audible and visible notification appliance at a constantly attended location within the building for the purposes of initiating emergency action. A presignal feature and positive alarm sequencing in accordance with NFPA 72 are permitted. Occupant notification shall be by means of voice announcements, either live or prerecorded, initiated by the person in the constantly attended location.

1103.7.1.3.1 Exemption for voice evacuation. Where no constantly attended location exists, an automatic fire alarm system providing a general evacuation signal or an approved emergency voice/alarm communications system is permitted.

1103.7.2 Group E, general. A fire alarm system shall be installed in accordance with Sections 1103.7.2 through 1103.7.2.4 in existing Group E occupancies having an occupant load of 50 or more.

1103.7.2.1 Exemption for single classroom. A fire alarm system is not required for a building with a maximum area of 1,000 square feet (93 m2) that contains a single classroom and is located no closer than 20 feet (15,240 mm) from another building.

1103.7.2.2 Initiation. Initiation of the fire alarm system shall be by manual and automatic means. Approved automatic fire detectors shall be provided in laundry rooms, boiler and furnace rooms, mechanical and electrical rooms, shops, laboratories, kitchens, locker rooms, custodial closets, trash-collection rooms, storage rooms, lounges, and similar areas.

1103.7.2.2.1 Manual activation. In buildings protected throughout by an approved, automatic fire sprinkler system or having an approved fire alarm system equipped with corridor smoke detection, manual fire alarm boxes are only required in the main office and in a custodial area.

1103.7.2.3 Travel through adjoining rooms. Where the only means of egress travel from an interior room or rooms having an aggregate occupant load of more than ten occupants is through an adjoining or intervening room, automatic smoke detectors shall be installed throughout the common atmosphere through which the path of egress travel passes.

1103.7.2.3.1 Sprinkler protection. In buildings that are protected throughout by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, smoke detectors are not required in intervening or adjoining rooms.

1103.7.2.4 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

1103.7.3 Group I, general. A fire alarm system shall be installed in accordance with Sections 907.2.6 through 907.2.6.4.2 in existing Group I occupancies.

1103.7.4 Group R-1, general. A fire alarm system shall be installed in accordance with Sections 1103.7.4 through 1103.7.4.4.1 in existing Group R-1 occupancies where:

1. Any sleeping unit or dwelling unit is located two or more stories above the story containing the lowest level of exit discharge.

2. Any sleeping unit or dwelling unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit.

3. The building contains 20 or more guest rooms or dwelling units.

4. The building is used as a congregate living facility, dormitory, convent, monastery, fraternity, sorority, group home, or shelter and has an occupant load of 20 or more.

1103.7.4.1 Direct exits to exterior. A fire alarm system is not required in buildings that do not have interior corridors serving guest rooms and where each guest room has an exit door opening directly to an exterior exit access that leads directly to the exits.

1103.7.4.2 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry rooms, mechanical and electrical rooms, trash-collection rooms, storage rooms, gift shops, locker rooms, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

1103.7.4.2.1 Sprinkler protection. System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed in accordance with Section 903.3.1.1 or 903.3.1.2 and a manual fire alarm box is provided at a constantly attended location. When a constantly attended location is not provided the manual fire alarm box shall be provided at the main exit.

1103.7.4.3 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

1103.7.4.4 Guest room smoke alarms. Guest room smoke alarms required by Section 1103.8 shall not be connected to a fire alarm system.

1103.7.4.4.1 Annunciation allowed. Connection of such alarms for annunciation is permitted.

1103.7.5 Group R-2, general. A fire alarm system shall be installed in accordance with Sections 1103.7.5 through 1103.7.5.3 in existing Group R-2 occupancies where:

1. any sleeping unit or dwelling unit is located two or more stories above the story containing the lowest level of exit discharge;

2. any sleeping unit or dwelling unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit;

3. the building contains more than 16 sleeping units or dwelling units; or

4. the building is used as a congregate living facility, dormitory, convent, monastery, fraternity, sorority, group home, or shelter and has an occupant load of 20 or more.

1103.7.5.1 Direct exits to exterior. A fire alarm system is not required in buildings that do not have interior corridors serving guest rooms and where each dwelling unit has an exit door opening directly to an exterior exit access that leads directly to the exits.

1103.7.5.2 Initiation. Initiation of the fire alarm system shall be by automatic means. Approved automatic fire detectors shall be provided in boiler and furnace rooms, shops, laundry rooms, mechanical and electrical rooms, trash-collection rooms, storage rooms, and similar areas. Automatic smoke detectors shall be provided in all common areas and interior corridors serving as required means of egress.

1103.7.5.2.1 Sprinkler protection. System fire and smoke detectors are not required when an approved automatic fire-extinguishing system is installed throughout the building.

1103.7.5.3 Notification. Activation of the fire alarm system or automatic sprinkler system shall initiate a general evacuation signal.

1103.7.5.4 Dwelling unit smoke alarms. Dwelling unit smoke alarms required by Section 1103.8 shall not be connected to the building fire alarm system.

1103.7.5.4.1 Annunciation allowed. Connection of such alarms for annunciation is permitted.

1103.7.6 Audible alarms. Audible alarm notification appliances shall be provided and sound a distinctive sound that is not to be used for any purpose other than that of a fire alarm. The audible alarm notification appliances shall provide a sound pressure level of 15 decibels (dBA) above the average ambient sound level or 5 dBA above the maximum sound level having a duration of at least 60 seconds, whichever is greater, in every occupied space within the building. The maximum sound pressure level for audible alarm notification appliances shall be 110 dBA at the minimum hearing distance from the audible appliance. Where the average ambient noise is greater than 105 dBA, visible alarm notification appliances shall be provided in accordance with NFPA 72 and audible alarm notification appliances shall not be required.

1103.7.6.1 Maximum sound pressure. Fire alarm system audibility levels shall not exceed 35 dB above the average ambient sound level described in Section 907.5.2.1.1 or 35 dB above the peak ambient sound level. The maximum sound pressure level for audible alarm notification appliances shall be 110 dBA at the minimum hearing distance from the audible appliance. Where the average ambient noise is greater than 95 dBA, visible alarm notification appliances shall be provided in accordance with NFPA 72 and audible alarm notification appliances shall not be required.

Subp. 8. IFC section 1103.8.

IFC section 1103.8 and its subsections are deleted entirely and replaced with the following:

1103.8 Single- and multiple-station smoke alarms. Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Table 1103.8.

TABLE 1103.8

SMOKE ALARM REQUIREMENTS

1103.8.1 Replacement of smoke alarms. Single and multiple-station smoke alarms shall be replaced when:

1. They fail to respond to operability tests.

2. They exceed ten years from the date of manufacture.

Smoke alarms shall be replaced with smoke alarms having the same type of power supply.

Subp. 9. IFC section 1103.11.

IFC section 1103 is amended by adding a section to read:

1103.11 Protection of existing cooking equipment. Approved automatic fire-extinguishing systems shall be provided for the protection of existing commercial-type cooking equipment that produces grease-laden vapors in accordance with Section 904.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1104 Section 1104, Means of Egress for Existing Buildings

Subpart 1. IFC section 1104.1.

IFC section 1104.1 is amended and sections added to read:

1104.1 General. Means of egress in existing buildings shall comply with the minimum egress requirements specified in Sections 1104.1 through 1104.26.7.

1104.1.1 Occupant loads. The number of occupants shall be determined in accordance with Section 1004.

1104.1.2 Egress width. The minimum required egress width shall be determined in accordance with Section 1005.1.

1104.1.3 Ceiling height. The ceiling height in corridors shall be not less than 78 inches (1,981 mm).

1104.1.4 Special exiting provisions for younger students. Rooms in Group E occupancies used by preschool, kindergarten, first- or second-grade pupils, latchkey, child care, early childhood family education, teen parent, or similar programs shall be located as required by the Building Code.

Subp. 2. IFC section 1104.2.

IFC section 1104.2 is amended to read:

1104.2 Elevators, escalators, and moving walks. Elevators, escalators, and moving walks can only be used as a component of a required means of egress where previously approved.

Subp. 3. IFC section 1104.3.

IFC section 1104.3 is amended and sections added to read:

1104.3 Exit signs - general. Exit signs shall comply with Sections 1104.3.1 through 1104.3.5.

1104.3.1 Where required. Exit signs shall be provided where two or more exits are required from a room, area, or story.

1104.3.2 Locations. Exits and exit access doors shall be marked by an approved exit sign readily visible from any direction of egress travel.

1104.3.3 Main exits. Exit signs need not be provided for main exterior exit doors that are obviously and clearly identifiable as exits.

1104.3.4 Certain occupancies exempt. Exit signs are not required in housing areas of Group I-3 occupancies; in sleeping rooms or dwelling units in Group R-1, R-2, or R-3 occupancies; and in Group U occupancies.

1104.3.5 Exit sign illumination. Exit signs shall be internally illuminated, externally illuminated, or self-luminous. The face of an exit sign illuminated from an external source shall have an intensity of not less than 5 foot-candles (54 lux). Internally illuminated signs shall provide equivalent luminance and be listed for the purpose. Approved self-luminous signs that provide evenly illuminated letters shall have a minimum luminance of 0.06 foot-lamberts (0.21 cd/m2).

Subp. 4. IFC section 1104.5.

IFC section 1104.5 is amended and sections added to read:

1104.5 Illumination - general. Normal and emergency illumination of the means of egress shall comply with Sections 1104.5.1 through 1104.5.3.

1104.5.1 Illumination required. The means of egress shall be illuminated at all times that the building space served by the means of egress is occupied. Natural lighting in the interior rooms or spaces can be used to satisfy this requirement during periods of daylight.

1104.5.1.1 Group U occupancies. Illumination is not required in Group U occupancies.

1104.5.1.2 Aisle accessways. Illumination is not required for aisle accessways.

1104.5.1.3 Dwelling units and sleeping rooms. Illumination is not required for dwelling units and sleeping rooms of Group I, R-1, R-2, and R-3 occupancies.

1104.5.2 Illumination level. Floors and other walking surfaces within the means of egress shall be illuminated according to Sections 1104.5.2.1 and 1104.5.2.2:

1104.5.2.1 General. The means of egress illumination level shall not be less than one foot-candle (11 lux) at the floor level.

1104.5.2.2 Assembly performances. In assembly occupancies, the illumination of the floors of exit access shall be at least 0.2 foot-candle (2.2 lux) during periods of performances or projections involving directed light.

1104.5.3 Illumination emergency power. The power supply for means of egress illumination shall normally be provided by the premises' electrical supply. In the event of power supply failure, illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress:

1. Group A having 50 or more occupants. Assembly occupancies used exclusively as a place of worship and having an occupant load of less than 300 are not required to have emergency illumination.

2. Group B buildings three or more stories in height, buildings with 100 or more occupants above or below the level of exit discharge, or buildings with 1,000 or more total occupants.

3. Group E in interior stairs, corridors, windowless areas with student occupancy, shops, and laboratories.

4. Group F having more than 100 occupants. Buildings used only during daylight hours that are provided with windows for natural light are not required to have emergency illumination.

5. Group I.

6. Group M buildings greater than 3,000 square feet (2,879 m2) in gross sales area or exceeding one story in height.

7. Group R-1. Where each guest room has direct access to the outside of the building at grade, emergency illumination is not required.

8. Group R-2. Where each living unit has direct access to the outside of the building at grade, emergency illumination is not required.

9. Group R-4. Where each sleeping room has direct access to the outside of the building at ground level, emergency illumination is not required.

The emergency power system shall provide power for not less than 30 minutes and consist of storage batteries, unit equipment, or an on-site generator. The installation of the emergency power system shall be in accordance with Section 1203.

Subp. 5. IFC section 1104.6.

IFC section 1104.6 and its subsections are deleted entirely and replaced with the following:

1104.6 Guards. Guards complying with this section shall be provided at the open sides of means of egress that are more than 30 inches (762 mm) above the floor or grade below.

Exception: Approved existing open guards.

1104.6.1 Height of guards. Guards shall form a protective barrier not less than 42 inches (1,067 mm) high except for the following existing guards:

1. Existing guards on the open side of stairs, which are permitted to be not less than 30 inches (760 mm) high.

2. Existing guards within dwelling units, which are permitted to be not less than 36 inches (910 mm) high.

3. Existing guards in assembly areas.

4. Existing guards on stairs and balconies of buildings designated as historic structures, which are permitted to be not less than 24 inches (610 mm) high.

1104.6.2 Opening limitations. Open guards shall have balusters or ornamental patterns such that a 6-inch (152 mm) diameter sphere cannot pass through any opening up to a height of 34 inches (864 mm) except when one of the following conditions exist:

1. At elevated walking surfaces for access to and use of electrical, mechanical, or plumbing systems or equipment, guards shall have balusters or be of solid materials such that a sphere with a diameter of 21 inches (533 mm) cannot pass through any opening.

2. In occupancies in Group I-3, F, H, or S, the clear distance between intermediate rails measured at right angles to the rails shall not exceed 21 inches (533 mm).

Subp. 6. IFC section 1104.7.

IFC section 1104.7 and its subsections are deleted entirely and replaced with the following:

1104.7 Doors - general. Except where modified by Section 1010.1.2, doors shall be of the side-hinged swing type. Doors shall swing in the direction of egress travel when serving an occupant load of 50 or more persons. The minimum width of each door opening shall be sufficient for the occupant load thereof. Locks and latches shall comply with Sections 1010.1.9 through 1010.1.11.4.

1104.7.1 Size of doors. Except where modified by this section, each required means of egress door shall comply with the minimum dimensions specified herein. Doors shall provide a clear width of not less than 28 inches (711 mm). Where this section requires a minimum clear width of 28 inches (711 mm) and a door opening includes two door leaves without a mullion, one leaf shall provide a clear opening width of 28 inches (711 mm). The maximum width of a swinging door leaf shall be 48 inches (1,219 mm) nominal. The height of doors shall not be less than 80 inches (2,032 mm).

1104.7.1.1 Closets. Door openings to storage closets less than 10 square feet (0.93 m2) in area shall not be limited by the minimum width.

1104.7.1.2 Revolving doors. Width of door leaves in revolving doors shall not be limited.

1104.7.1.3 Dwelling units. Door openings within a dwelling unit are permitted to be 78 inches (1,981 mm) in height.

1104.7.1.4 Small rooms. Exit access doors serving a room not larger than 70 square feet (6.5 m2) are permitted to be 24 inches (610 mm) in door width.

1104.7.1.5 Health care facilities. The minimum clear width for doors in the means of egress from hospitals; nursing homes; limited care facilities; psychiatric hospital sleeping rooms; and diagnostic and treatment areas, such as x-ray, surgery, or physical therapy, shall be not less than 32 inches (810 mm) wide. Existing 34-inch (865 mm) doors shall be permitted. Existing 28-inch (710 mm) corridor doors in facilities where the fire plans do not require evacuation by bed, gurney, or wheelchair shall be permitted.

Subp. 7. IFC section 1104.10.

IFC section 1104.10 and subsection 1104.10.1 are amended to read:

1104.10 Stair dimensions for existing stairs. Existing stairs in buildings shall be permitted to remain if the rise does not exceed 8.25 inches (210 mm) and the run is not less than 9 inches (229 mm). Existing stairs are permitted to have a minimum width of 36 inches (914 mm) but not less than the width required for the number of occupants served as determined by Section 1005.1. Existing stairs can be rebuilt.

1104.10.1 Stair dimensions for replacement stairs. The replacement of an existing stairway in a structure shall not be required to comply with the new stairway requirements of Section 1011 where the existing space and construction will not allow a reduction in pitch or slope.

Subp. 8. IFC section 1104.12.

IFC section 1104.12 is amended to read:

1104.12 Circular stairways. Existing circular stairs shall be allowed to continue in use provided the minimum depth of tread at the outside of the stair is at least 10 inches (254 mm).

Subp. 9. IFC section 1104.16.

IFC section 1104.16 and its subsections are deleted in their entirety and replaced with the following:

1104.16 Fire escape stairs. Fire escape stairs shall comply with Sections 1104.16.1 through 1104.16.7.

1104.16.1 Existing means of egress. Fire escape stairs shall be permitted in existing buildings but shall not constitute more than 50 percent of the required exit capacity.

1104.16.2 Protection of openings. Openings within 10 feet (3,048 mm) of fire escape stairs shall be protected by fire assemblies having a minimum 3/4-hour fire-resistance rating. In buildings equipped throughout with an approved automatic sprinkler system, opening protection is not required.

1104.16.3 Dimensions. Fire escape stairs shall meet the minimum width, capacity, riser height, and tread depth as specified in Table 1104.16.

1104.16.4 Access. Access to a fire escape from a corridor shall not be through an intervening room. Access to a fire escape stair shall be from a door or window meeting the criteria of Section 1005.3.2. Access to a fire escape stair shall be directly to a balcony, landing, or platform. These shall be no higher than the floor or windowsill level and no lower than 8 inches (203 mm) below the floor level or 18 inches (457 mm) below the windowsill.

1104.16.5 Materials and strength. Components of fire escape stairs shall be constructed of noncombustible materials.

Fire escape stairs and balconies shall support the dead load plus a live load of not less than 100 pounds per square foot (4.78 kN/m2). Fire escape stairs and balconies shall be provided with a top and intermediate handrail on each side.

The fire code official is authorized to require testing or other satisfactory evidence that an existing fire escape stair meets the requirements of this section.

1104.16.6 Termination. The lowest balcony shall not be more than 18 feet (5,486 mm) from the ground. Fire escape stairs shall extend to the ground or be provided with counterbalanced stairs reaching the ground. For fire escape stairs serving ten or fewer occupants, an approved fire escape ladder is allowed to serve as the termination for fire escape stairs.

1104.16.7 Maintenance. Fire escapes shall be kept clear and unobstructed at all times and shall be maintained in good working order.

TABLE 1104.16

DIMENSIONS FOR EXISTING FIRE ESCAPE STAIRS

Subp. 10. IFC section 1104.17.

IFC section 1104.17 and its subsections are deleted entirely and replaced with the following:

1104.17 Corridors. Corridors, common path of travel, and travel distance shall comply with Sections 1104.17.1 through 1104.17.4.1. Corridors complying with Section 1020.1 need not be fire-resistance rated.

1104.17.1 Construction. Corridors shall be fire-resistance rated in accordance with this section and Table 1104.17.1. Existing walls surfaced with wood lath and plaster in good condition or 1/2-inch gypsum wallboard are acceptable for corridor walls and ceilings. Where Table 1104.17.1 allows a sprinkler system in lieu of fire-resistance-rated construction, the building shall be protected throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

1104.17.1.1 Existing places of religious worship. In Group A occupancies used as places of religious worship, existing corridor walls, ceilings, and opening protection not in compliance with Section 1104.17.1 may be continued when such buildings are protected with an approved automatic fire alarm system. The fire alarm system shall include automatic smoke detection throughout the exit system and approved detection in all boiler rooms, furnace rooms, mechanical rooms, and storage rooms.

1104.17.1.2 Existing Group B occupancies. In office areas of Group B occupancies not exceeding 10,000 square feet (929 m2) in size, existing corridor walls, ceilings, and opening protection not in compliance with Section 1104.17.1 may be continued when such buildings are protected with an approved automatic fire alarm system. The fire alarm system shall include automatic smoke detection throughout the exit system and approved detection in all boiler rooms, furnace rooms, mechanical rooms, and storage rooms.

1104.17.1.3 Existing Group E occupancies. In Group E occupancies, existing corridor walls, ceilings, and opening protection not in compliance with Section 1104.17.1 may be continued when such buildings are protected with an approved automatic fire alarm system that is monitored by a central, proprietary, or remote station service. The fire alarm system shall include automatic smoke detection throughout the exit system and approved detection in all rooms and areas other than classrooms and offices.

TABLE 1104.17.1

CORRIDOR FIRE-RESISTANCE RATING

1104.17.2 Corridor openings. Openings into corridors shall comply with Sections 1104.17.2.1 through 1104.17.2.3.

1104.17.2.1 Doors. Doors opening into corridors required by Table 1104.17.1 to be fire-resistance rated shall be protected by 20-minute fire assemblies or solid wood doors not less than 1-3/4 inches (45 mm) thick. Where the existing frame will not accommodate the 1-3/4 inches (45 mm) thick door, a 1-3/8 inches (35 mm) thick solid bonded wood core door or equivalent insulated steel door shall be permitted. Doors shall be self-closing or automatic-closing by smoke detection.

1104.17.2.2 Other openings. Openings with fixed wired glass set in steel frames are permitted for corridor walls and ceilings. Transoms, louvers, and openings other than doors from corridors to rooms shall be automatic-closing by smoke detection or shall be covered with a minimum of 3/4-inch (19 mm) gypsum wallboard or equivalent material on the room side.

1104.17.2.3 Existing Group I-2 and I-3 occupancies. Group I-3 corridor doors and patient room doors in Group I-2 corridors need not be fire-resistance rated or self-closing where smoke barriers are provided in accordance with the Building Code or NFPA 101.

1104.17.3 Corridor width. The minimum corridor width shall be in accordance with Sections 1104.17.3.1 through 1104.17.3.2.

1104.17.3.1 Minimum width. The minimum corridor width shall be as determined by the occupant load calculations in Section 1005.3 but not less than 36 inches.

1104.17.3.2 Minimum width in mechanical areas. The minimum corridor width is allowed to be reduced to 24 inches (610 mm) for spaces providing access to electrical, mechanical, or plumbing systems.

1104.17.4 Dead ends. Where more than one exit or exit access doorway is required, the exit access shall be arranged such that dead ends do not exceed the limits specified in Section 1104.17.4.1 and Table 1104.17.4.

1104.17.4.1 Wide corridors and dead-end provisions. A dead-end passageway or corridor shall not be limited in length where the length of the dead-end passageway or corridor is less and 2.5 times the least width of the dead-end passageway or corridor.

TABLE 1104.17.4

COMMON PATH, DEAD-END, AND TRAVEL DISTANCE LIMITS (by occupancy)

"Unspr" means unsprinklered and "Spr" means sprinklered.

For SI: 1 foot = 304.8 mm.

a 20 feet for common path serving more than 50 persons; 75 feet for common path serving 50 or fewer persons.

b See Section 1029.9.5 for dead-end aisles in Group A occupancies.

c This dimension is for the total travel distance, assuming incremental portions have fully utilized their allowable maximums. For travel distance within the room, and from the room exit access door to the exit, see the appropriate occupancy chapter.

d See the International Building Code for special requirements on spacing of doors in aircraft hangers.

N/R = No requirements.

Subp. 10a. IFC section 1104.18.

IFC section 1104.18 is deleted.

Subp. 11. IFC section 1104.19.

IFC section 1104.19 is amended to read:

1104.19 Exit access travel distance. Exits shall be located so that the maximum length of exit access travel, measured from the most remote point to an approved exterior exit, vertical exit enclosure, horizontal exit, or exit passageway along the natural and unobstructed path of egress travel, does not exceed the distances given in Table 1104.17.4.

Subp. 12. IFC section 1104.20.

IFC section 1104.20 is amended to read:

1104.20 Common path of egress travel. The common path of egress travel shall not exceed the distances given in Table 1104.17.4.

Subp. 13. IFC section 1104.21.

IFC section 1104.21 is amended to read:

1104.21 Stairway discharge identification. A stairway in an exit enclosure that continues below the level of exit discharge shall be arranged and marked to make the direction of egress to a public way readily identifiable. Stairs that continue one-half story beyond the level of exit discharge need not be provided with barriers where the exit discharge is obvious.

Subp. 14. IFC section 1104.22.

IFC section 1104.22 is amended to read:

1104.22 Exterior stairway protection. Exterior exit stairs shall be separated from the interior of the building as required in Section 1027.6.

Subp. 15. IFC section 1104.23.

IFC section 1104.23 is amended and sections added to read:

1104.23 Minimum aisle width. The minimum clear width of aisles and aisle accessways shall be in accordance with this section and Table 1104.23.

1104.23.1 Aisle and aisle accessway width. Aisles and aisle accessway widths shall be as determined by the occupant load calculations in Section 1005.3, but not less than the widths shown in Table 1104.23.

TABLE 1104.23

MINIMUM AISLE AND AISLE ACCESSWAY WIDTHS

Subp. 16. IFC section 1104.24.

IFC section 1104.24 is amended to read:

1104.24 Stairway floor number signs. Existing stairs shall be marked in accordance with Section 1023.9.

Subp. 17. IFC section 1104.25.

IFC section 1104.25 is amended and sections added to read:

1104.25 Number of means of egress or exits. The number of means of egress doors or exits from a room, area, story, or building shall be in accordance with Sections 1104.25.1 through 1104.25.4 and Table 1104.25.

Where two or more means of egress doors or exits are required from a room or area, such doors shall be separated from each other by a distance not less than one-third of the length of the maximum overall diagonal dimension of the area served.

1104.25.1 Number based on capacity. Two means of egress doors or exits are required from rooms, areas, stories, or buildings when the number of occupants exceeds the values shown in Table 1104.25.

1104.25.1.1 Dormitories. Dormitory sleeping rooms having an exit doorway direct to the exterior are not required to have a second exit or exit access doorway provided that:

a. the room has 16 or fewer occupants;

b. the travel distance from any point in the room to the exit doorway does not exceed 30 feet;

c. the room is not located more than two stories above grade;

d. the room is not located on a level below grade; and

e. the room is provided with an emergency escape window in accordance with Sections 1030.2 through 1030.5 and the escape window is separated from the exit doorway in accordance with Section 1007.1.1.

1104.25.2 Three egress doors or exits required. Three means of egress doors or exits are required from rooms, areas, stories, or buildings when the number of occupants exceeds 500 persons.

1104.25.3 Four egress doors or exits required. Four means of egress doors or exits are required from rooms, areas, stories, or buildings when the number of occupants is 1,001 or more persons.

1104.25.4. Group E laboratories. Group E science laboratories containing hazardous materials shall have two exits when exceeding 1,000 square feet (93 m2) in size.

TABLE 1104.25

TWO EGRESS DOORS OR EXITS REQUIREDa

a Two egress doors or exits shall be required when the number of occupants exceeds the number listed in the table.

Subp. 18. IFC section 1104.26.

IFC section 1104 is amended by adding section 1104.26 and subsections to read:

1104.26 Escape windows. In Group R and Group I-1 occupancies, escape windows shall be provided, installed, and maintained in rooms used for sleeping below the fourth story. A readily accessible escape window shall be provided from basement levels occupied as a licensed family or group family child care home. Escape windows shall be in accordance with this section.

1104.26.1 Escape windows not required. Emergency escape windows are not required for the following conditions:

1. If the room has a door that leads directly to the exterior of the building.

2. In dwellings and structures constructed prior to July 1, 1972, provided they are not licensed by Minnesota or used for transient lodging.

3. If the building is protected throughout by an approved, automatic sprinkler system installed in accordance with Section 903.3.

4. From rooms of existing buildings having two separate means of escape, provided that the means of escape are independent of each other and they pass through only one adjacent nonlockable room or area.

5. In Group R hotels or motels constructed prior to April 11, 1983.

1104.26.2 Minimum size and dimensions. Escape window openings shall have a minimum net clear opening area of 4.5 square feet (648 square inches). Opening height and width dimensions shall not be less than 20 inches.

1104.26.3 Maximum height from floor. The maximum height from the floor to the window sill opening shall not exceed 48 inches.

1104.26.4 Emergency escape windows under decks and porches. Emergency escape windows are allowed to be installed under decks and porches provided the location of the deck allows the emergency escape window to be fully opened and provides a path not less than 36 inches in height to a yard or court.

1104.26.5 Window wells. An escape window opening with a finished sill height below the adjacent ground level shall be provided with a window well in accordance with Sections 1104.26.5.1 through 1104.26.5.2.

1104.26.5.1 Minimum size. The minimum horizontal area of the window well shall be 9 square feet, with a minimum dimension of 36 inches. The area of the window well shall allow the emergency escape and rescue opening to be fully opened.

1104.26.5.2 Ladders or steps. Window wells with a vertical depth of more than 44 inches shall be equipped with an approved permanently affixed ladder or steps. Ladders or rungs shall have an inside width of at least 12 inches, shall project at least 3 inches from the wall and shall be spaced not more than 18 inches on center vertically for the full height of the window well. The ladder or steps shall not encroach into the required dimensions of the window well by more than 6 inches. The ladder or steps shall not be obstructed by the emergency escape and rescue opening. Ladders or steps required by this section are exempt from the stairway requirements of Sections 1011 and 1104.10 through 1104.13.

1104.26.6 Replacement windows for emergency escape and rescue openings. The replacement of windows provided for emergency escape and egress in Group R-2 and R-3 occupancies regulated by the International Building Code or in one- and two-family dwellings and townhouses regulated by the International Residential Code shall be exempt from the minimum opening size and maximum sill height requirements of the International Building Code or International Residential Code, respectively, where all of the following conditions are met:

1. the replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window; and

2. the replacement of the window is not part of a change of occupancy.

1104.26.6.1 Licensed facilities. Required windows in rooms of care facilities licensed or registered by the state of Minnesota shall comply with the provisions of Section 1104.26.6 or Sections 1104.26.2 and 1104.26.3, whichever is more restrictive.

1104.26.7 Operational constraints. Window opening control devices complying with ASTM F 2090 shall be permitted for use on windows required to provide emergency escape and rescue openings.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1105 Section 1105, Separation of Occupancies and Hazardous Areas

IFC section 1105 and all subsections are deleted and replaced with the following:

1105.1 General. Mixed occupancies within the same building and hazardous areas shall be separated in accordance with Sections 1105.2 through 1105.3.2.1.

1105.2 Occupancy separations. Occupancy separations shall be provided in buildings containing Group I and Group R occupancies as specified in Sections 1105.2.1 through 1105.2.3.1. These separations shall be constructed and maintained in accordance with the Building Code. Existing wood lath and plaster in good condition or 1/2-inch (12.7 mm) gypsum wallboard is acceptable where one-hour occupancy separations are required.

1105.2.1 Door openings. Where one-hour fire-resistant construction is required, openings shall be protected by listed fire doors, insulated steel doors, 1-3/8-inch thick (35 mm) or 1-3/4-inch thick (45 mm) solid wood doors, or fixed wired glass set in steel frames. Doors shall be self-closing or automatic-closing by smoke detection.

1105.2.2 Group I-1 and Group I-2 occupancies. Group I-1 and Group I-2 occupancies shall be separated from other occupancies as specified in the Building Code.

1105.2.3 Group I-3 occupancies. Group I-3 occupancies shall be separated from other occupancies as specified in the Building Code.

1105.2.3.1 Group I-3 compliance options. Occupancy separations need not be provided for Group I-3 occupancies in the following conditions:

1. In buildings that are protected throughout by an approved automatic sprinkler system, one-hour fire-resistance-rated construction is permitted.

2. In buildings that are protected throughout by an approved automatic sprinkler system, openings for the passage of materials between the Group I-3 and adjacent occupancies are not required to be fire-resistance rated when such openings are not more than 4 feet (1,219 mm) above the floor and are provided with a metal cover or door.

1105.2.4 Group R occupancies. Group R occupancies and the exits therefrom shall be separated from Group A, B, M, S, and U occupancies by at least one-hour fire-resistance-rated construction. Group R occupancies shall be separated from all other occupancies as specified in the Building Code.

1105.2.4.1 Group R compliance options. Occupancy separations need not be provided for Group R occupancies in the following conditions:

1. In buildings that are protected throughout by an approved automatic sprinkler system, one-hour occupancy separations need not be provided.

2. An occupancy separation need not be provided between Group A and Group R occupancies if the building is provided with a fire alarm system having automatic smoke detection throughout the Group A occupancy.

3. Fire-resistance-rated opening protection need not be provided between Group A and Group R occupancies when such openings are designed to resist the passage of smoke and the openings are protected by an approved automatic sprinkler system.

4. An occupancy separation need not be provided where two or more occupancies occur in the same building or structure and are so intermingled that separations are impracticable provided that the exit provisions and protection requirements for the more restrictive occupancy are provided.

5. An occupancy separation need not be provided between a Group R-3 occupancy with sleeping accommodations for ten or fewer persons and Group B or Group M occupancies which are accessory if interconnected smoke alarms are provided. At least one smoke alarm shall be located in the Group B or Group M occupancy and additional alarms may be needed in accordance with manufacturer's instructions. Smoke alarms in the sleeping areas shall be located as specified in Section 1103.8 and shall be audible in all sleeping areas.

1105.3 Incidental use areas. Incidental use areas shall be separated from the rest of the building in accordance with this section. Incidental use areas are defined as shops, laboratories containing hazardous materials, laundry rooms exceeding 100 square feet in size, and rooms containing boilers or central heating plants where the largest piece of fuel equipment exceeds 400,000 Btu per hour input.

1105.3.1 Separation required. Incidental use areas in Groups A, B, E, F, H, I, M, R-1, R-2, and S occupancies shall be separated from the rest of the building by not less than a one-hour fire barrier. Existing wood lath and plaster in good condition or 1/2-inch (12.7 mm) gypsum wallboard is acceptable where one-hour fire barriers are required. Storage rooms need not be separated in Groups F, M, or S occupancies.

1105.3.2 Sprinkler protection in lieu of separation. Incidental use areas in Groups A, B, E, F, H, M, and S occupancies need not be separated when the incidental use area is protected with automatic sprinklers.

1105.3.2.1 Groups I and R occupancies. Incidental use areas in Groups I and R occupancies need not be separated when the incidental use area is protected with automatic sprinklers and the construction of such areas is capable of resisting the passage of smoke. Doors to such areas shall be a minimum of one-hour fire-rated, solid-core wood doors or insulated steel doors. Doors shall be self-closing or automatic-closing by smoke detection.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.1106 [Renumbered 7511.1105]

[Renumbered 7511.1105]

Minn. R. 7511.1203 Section 1203, Emergency and Standby Power Systems

IFC section 1203.2.14 is amended to read:

1203.2.14 Means of egress illumination. Emergency power shall be provided for means of egress illumination in accordance with Sections 1008.3 and 1104.5.3.

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.1204 Section 1204, Solar Photovoltaic Power Systems

Subpart 1. IFC section 1204.1

IFC section 1204.1 is amended and subsections are added to read:

1204.1 General. Solar energy systems shall be installed in accordance with Sections 1204.1 through 1204.6 and the Building Code.

Exception: Buildings regulated by Minnesota Rules, chapter 1309, the Minnesota Residential Code.

1204.1.1 Minnesota Electrical Code. The electrical portion of solar PV systems shall be installed in accordance with the Minnesota Electrical Code.

1204.1.2 Roof access points. Roof access points shall meet all the following criteria.

1. Roof access points shall be located where fire departments have ground access.

2. Roof access points shall be located in areas that do not require the placement of fire department ground ladders over openings such as windows or doors.

3. Roof access points shall be located at strong points of building construction capable of supporting emergency responders.

4. Roof access points shall be in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.

5. Each roof access point shall be provided with a landing on the roof side not less than 6 feet in each direction. The landing shall be free and clear of obstructions such as vent pipes, conduit, and mechanical and electrical equipment.

6. Roof access point landings on roofs with slopes greater than 2 units vertical in 12 units horizontal (2:12) shall be positioned with direct access to a pathway to ridge.

7. Each solar array or grouping of arrays shall have not less than two roof access points spaced not closer than 1/3 the diagonal dimension of the array or arrays served.

Subp. 2. IFC section 1204.2.

IFC section 1204.2 and its subsections are entirely deleted and replaced with the following:

1204.2 Access and pathways. Roof access, pathways, and spacing requirements shall be provided in accordance with Sections 1204.2.1 through 1204.3.3. Pathways shall be over areas capable of supporting firefighters accessing the roof. Pathways shall be located in areas without obstructions such as vent pipes, conduit, and mechanical and electrical equipment.

Exceptions:

1. Detached, nonhabitable Group U structures including, but not limited to, detached garages serving Group R-3 buildings, parking shade structures, carports, solar trellises, and similar structures.

2. Roof access, pathways, and spacing requirements need not be provided where the fire code official has determined that rooftop operations will not be employed.

1204.2.1 Solar photovoltaic system for roof slopes greater than 2 units vertical in 12 units horizontal (2:12). Solar photovoltaic systems for buildings with roof slopes greater than 2 units vertical in 12 units horizontal (2:12) shall comply with Sections 1204.2.1.1 through 1204.2.1.3.

1204.2.1.1 Pathways to ridge. Not fewer than two 36-inch wide pathways on separate roof planes, from the lowest roof edge to ridge, shall be provided on all buildings. Pathways shall be provided at intervals not greater than 150 feet throughout the length and width of the roof. Not fewer than one pathway shall be provided on the street or driveway side, or fire-department-access side, of the roof. For each roof plane with a photovoltaic array, not fewer than one 36-inch wide pathway from lowest roof edge to ridge shall be provided on the same roof plane as the photovoltaic array, on an adjacent roof plane, or straddling the same and adjacent roof planes.

1204.2.1.2 Setbacks at ridge. For photovoltaic arrays occupying 33 percent or less of the plan view total roof area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a horizontal ridge. For photovoltaic arrays occupying more than 33 percent of the plan view total roof area, a setback of not less than 36 inches (914 mm) wide is required on both sides of a horizontal ridge.

1204.2.1.3 Alternative setbacks at ridge. Where an automatic sprinkler system is installed within the building, setbacks at the ridge shall conform to one of the following criteria:

1. For photovoltaic arrays occupying 66 percent or less of the plan view total roof area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a horizontal ridge.

2. For photovoltaic arrays occupying more than 66 percent of the plan view total roof area, a setback of not less than 36 inches (914 mm) wide is required on both sides of a horizontal ridge.

1204.2.2 Emergency escape and rescue openings. Panels and modules installed on Group R buildings shall not be placed on the portion of a roof that is below an emergency escape and rescue opening. A pathway of not less than 36 inches (914 mm) wide shall be provided from the roof edge to the emergency escape and rescue opening.

Subp. 3. IFC section 1204.3.

IFC section 1204.3 and its subsections are entirely deleted and replaced with the following:

1204.3 Solar photovoltaic systems for roofs with slopes of 2 units vertical in 12 units horizontal or less. Access to systems for buildings with roofs with slopes of 2 units vertical in 12 units horizontal (2:12) or less shall be provided in accordance with Sections 1204.3.1 through 1204.3.3.

1204.3.1 Perimeter pathways. There shall be a minimum 6-foot wide (1,829 mm) clear perimeter around the edges of the roof.

Exception: Where either axis of the building is 250 feet (76,220 mm) or less, the clear perimeter around the edges of the roof shall be permitted to be reduced to a minimum width of 4 feet (1,219 mm).

1204.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet the following requirements:

1. Pathways shall be provided at intervals not greater than 150 feet (45,720 mm) throughout the length and width of the roof.

2. A pathway of not less than 4 feet (1,219 mm) wide in a straight line to roof standpipes or ventilation hatches.

3. A pathway not less than 4 feet (1,219 mm) wide around roof access hatches, with not fewer than one such pathway to a parapet or roof edge.

4. A pathway not less than 4 feet (1,219 mm) wide from the perimeter pathway to an emergency escape and rescue opening located above the roof.

1204.3.3 Smoke ventilation. The solar installation shall be designed to meet the following requirements:

1. Where non-gravity-operated smoke and heat vents occur, a pathway not less than 4 feet (1,219 mm) wide shall be provided bordering all sides.

2. Smoke ventilation options between array sections shall be one of the following:

2.1 A pathway not less than 8 feet (2,438 mm) wide.

2.2 Where gravity-operated dropout smoke and heat vents occur, a pathway not less than 4 feet (1,219 mm) wide on at least one side.

2.3 A pathway not less than 4 feet (1,219 mm) wide bordering 4-foot by 8-foot (1,219 mm by 2,438 mm) venting cutouts every 20 feet (6,096 mm) on alternating sides of the pathway.

Subp. 4. IFC section 1204.6

IFC section 1204 is amended by adding a section to read:

1204.6 Maintenance. Equipment labeling, access, pathways, and setbacks for solar photovoltaic power systems shall be continuously maintained. Existing systems shall be maintained in accordance with the code in effect at the time of installation.

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.1408 [Renumbered 7511.3308]

[Renumbered 7511.3308]

Minn. R. 7511.2007 Section 2007, Helistops and Heliports

IFC section 2007.5 is amended to read:

2007.5 Standpipe systems. A building with a rooftop helistop or heliport shall be provided with a Class 1 standpipe system extended to the roof level on which the helistop or heliport is located. All portions of the helistop and heliport area shall be within 150 feet (45,720 mm) of a 2-1/2 inch (63.5 mm) outlet on the standpipe system.

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.2206 [Renumbered 7511.2306]

[Renumbered 7511.2306]

Minn. R. 7511.2210 [Renumbered 7511.2310]

[Renumbered 7511.2310]

Minn. R. 7511.2306 [Renumbered 7511.3206]

[Renumbered 7511.3206]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.2307 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.2310 Section 2310, Marine Motor Fuel-Dispensing Facilities

IFC section 2310.3.1 is deleted.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.2404 Section 2404, Spray Finishing

IFC section 2404.2, Exception 2, is amended to read:

2. In buildings other than Group A, I, or R occupancies, approved limited spraying space in accordance with Section 2404.9.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.2701 [Renumbered 7511.5001]

[Renumbered 7511.5001]

Minn. R. 7511.2703 Repealed by subpart

Subpart 1.

[Repealed, 40 SR 1437]

Subp. 2.

[Renumbered 7511.5003]

Minn. R. 7511.3006 [Renumbered 7511.5306]

[Renumbered 7511.5306]

Minn. R. 7511.3201 [Renumbered 7511.5501]

[Renumbered 7511.5501]

Minn. R. 7511.3206 Section 3206, General Fire Protection and Life Safety Features

IFC section 3206.1 is amended to read:

3206.1 General. Fire-protection and life-safety features for high-piled storage areas shall be in accordance with Section 3206. Nationally recognized standards or guidelines, as applicable, are allowed to be used when approved by the fire chief.

Exception: Limited high-piled storage areas in Group M occupancies not exceeding five percent of the total square footage of the building or not exceeding 2,500 square feet (232 m2) in size, whichever is less, need not be separated by fire-resistance-rated construction and need not comply with the smoke and heat removal and draft curtain requirements of this article when these buildings are protected throughout by an approved automatic sprinkler system.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.3301 [Renumbered 7511.5601]

[Renumbered 7511.5601]

Minn. R. 7511.3308 [Renumbered 7511.5608]

[Renumbered 7511.5608]

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.3401 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.3402 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.3404 [Renumbered 7511.5704]

[Renumbered 7511.5704]

Minn. R. 7511.3405 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.3406 [Renumbered 7511.5706]

[Renumbered 7511.5706]

Minn. R. 7511.3800 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.4500 [Repealed, 40 SR 1437]

[Repealed, 40 SR 1437]

Minn. R. 7511.4600 [Renumbered 7511.8100]

[Renumbered 7511.8100]

Minn. R. 7511.5001 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.5003 Section 5003, General Requirements

IFC section 5003.8.3 is amended by adding a section to read:

5003.8.3.6 Hazardous materials above the third floor in laboratories in Group B, E or I-2 occupancies. Control areas containing laboratories located above the third floor in Group B, E or I-2 occupancies may be exempted from the provisions of Sections 5003.8.3.1, 5003.8.3.3, and 5003.8.3.4 provided the following conditions are met:

1. The buildings containing the laboratories are equipped throughout with automatic sprinkler protection installed in accordance with Section 903.3.1.1.

2. Control areas containing laboratories located above the third floor are separated from each other and other portions of the building by a fire barrier having a fire-resistance rating of not less than two hours.

3. The maximum amount of hazardous materials in storage and use in control areas containing laboratories does not exceed 10 percent of the maximum allowable quantities listed in Tables 5003.1.1(1) and 5003.1.1(2) with all increases allowed in the footnotes of those tables.

4. The maximum number of control areas containing laboratories shall not exceed 5 per floor.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.5306 Section 5306, Medical Gases

IFC section 5306 is amended by adding a subsection to read:

5306.6 Domestic storage and use of medical gases. The storage and use of medical gases for personal use within a dwelling or dwelling unit shall comply with NFPA 99.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.5501 [Repealed, 44 SR 610]

[Repealed, 44 SR 610]

Minn. R. 7511.5601 Section 5601, General

IFC section 5601.2 and all subsections are deleted.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.5608 Section 5608, Fireworks Display

IFC section 5608.1 is amended by adding a section to read:

5608.1.1 Displays. Permits are required to conduct a fireworks display. A fireworks display is only permitted when supervised by a pyrotechnic operator certified by the state fire marshal. Unless specifically exempted by the jurisdiction, the sponsor of the proposed fireworks display must submit a written application for permit at least fifteen (15) days in advance of the date of the display. In addition to the information required in Section 5608.2, the permit application shall include the number, type and size of the fireworks to be discharged. For proximate audience displays, the plans required by Section 5608.2 shall also show the fallout radius for each pyrotechnic device used during the display. At the time of permit application, the fire chief shall be consulted regarding requirements for standby fire apparatus and personnel.

Exception: Jurisdictions are authorized to not require permits for displays involving the use of smoke pots, flash pots and theatrical flash powder for ceremonial, theatrical and musical productions. Such displays must be conducted in accordance with this code.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.5609 Section 5609, Temporary Storage of Fireworks

IFC section 5609.1. IFC section 5609.1 is deleted.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437

Minn. R. 7511.5704 Section 5704, Storage

Subpart 1. IFC section 5704.1.1.

IFC section 5704.1 is amended by adding a section to read:

5704.1.1 Application of sprinkler protection tables. Tables 5704.3.6.3 (4) through 5704.3.6.3 (8) shall only apply to liquids stored in metal containers and tanks. For liquids stored in nonmetallic containers, nonmetallic portable tanks or rigid nonmetallic intermediate bulk containers, sprinkler protection shall be designed and installed in accordance with criteria based on full-scale fire testing conducted at an approved testing laboratory or based on other nationally recognized fire safety standards approved by the code official.

Subp. 2. IFC section 5704.2.11.2.

IFC section 5704.2.11.2 is amended by adding sections to read:

5704.2.11.2.1 Burial depth. The maximum burial depth for underground storage tanks shall be specified by the tank manufacturer, marked on the tank, and in accordance with NFPA 30.

5704.2.11.2.2 Minimum depth of cover. Underground tanks shall be covered with not less than 24 inches (600 mm) of earth, or not less than 12 inches (300 mm) of earth on top of which shall be placed a slab of reinforced concrete not less than 4 inches (100 mm) thick. Where the tanks are subjected to traffic, they shall be protected against damage from vehicles passing over them by at least 36 inches (900 mm) of earth cover, or 18 inches (450 mm) of well-tamped earth plus either 6 inches (150 mm) of reinforced concrete or 8 inches (200 mm) of asphaltic concrete. When asphaltic or reinforced concrete paving is used as part of the protection, it shall extend at least 12 inches (300 mm) horizontally beyond the outline of the tank in all directions.

Subp. 3. IFC section 5704.3.1.2.

IFC section 5704.3.1 is amended by adding a section to read:

5704.3.1.2 Rigid nonmetallic intermediate bulk containers. The design, construction and capacity of rigid nonmetallic intermediate bulk containers for the storage of flammable and combustible liquids shall be in accordance with this section and NFPA 30. When inside buildings, rigid nonmetallic intermediate bulk containers containing flammable or combustible liquids shall be subjected to a standard fire test that demonstrates acceptable inside storage fire performance and shall be listed and labeled in accordance with UL 2368, Standard for Fire Exposure Testing of Intermediate Bulk Containers for Flammable and Combustible Liquids, 2014.

Subp. 4. IFC section 5704.3.3.

IFC section 5704.3.3 and its subsections are amended to read:

5704.3.3 Indoor storage. Storage of flammable and combustible liquids inside buildings in containers and portable tanks shall be in accordance with Sections 5704.3.3.1 through 5704.3.3.11.

Exceptions:

1. Liquids in the fuel tanks of motor vehicles, aircraft, boats, or portable or stationary engines.

2. The storage of distilled spirits and wines in wooden barrels or casks.

(Sections 5704.3.3.1 to 5704.3.3.10 remain unchanged.)

5704.3.3.11 Fire-extinguishing systems. Automatic sprinkler and foam-water systems provided for the protection of container, intermediate bulk container and portable tank storage shall be of the wet pipe, deluge, or preaction type. If preaction systems are used, they shall be designed so that water or foam solution discharges immediately from the sprinkler opened by heat from a fire.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.5706 Section 5706, Special Operations

Subpart 1. IFC section 5706.5.1.18.

IFC section 5706.5.1.18 is amended by adding an exception to read:

4. Facilities where all control valves are locked in the closed position or the power supply to the pumps is locked in the off position in an approved manner to prevent the dispensing of liquids by unauthorized persons.

Subp. 2. IFC section 5706.5.4.

IFC section 5706.5.4 is amended to read:

5706.5.4 Liquid transfers from tank vehicles and tank cars. Class I liquids shall be transferred from a tank vehicle or tank car only into an approved atmospheric tank or approved portable tank, except as provided in Sections 5706.5.4.1 through 5706.5.4.4. Class II and III-A liquids shall be transferred from a tank vehicle or tank car only into an approved atmospheric tank, approved container or approved portable tank, except as provided in Sections 5706.5.4.1 through 5706.5.4.5.

Subp. 3. IFC section 5706.5.4.1.

IFC section 5706.5.4.1 is amended to read:

5706.5.4.1 Marine craft and special equipment. Liquids intended for use as motor fuels are allowed to be transferred from tank vehicles into the fuel tanks of marine craft and motor vehicles when approved by the fire chief, and when:

1. The tank vehicle's specific function is that of supplying fuel to motor vehicles;

2. The operation is not performed where the public has access or where there is unusual exposure to life or property;

3. The distance between the tank vehicle and vehicle being refueled does not exceed 50 feet in length; and

4. All equipment is approved for use with the fuel being transferred.

Subp. 4. IFC section 5706.6.4.

IFC section 5706.6.4 is amended to read:

5706.6.4 Portable fire extinguisher. Tank vehicles shall be equipped with a portable fire extinguisher in accordance with Code of Federal Regulations, title 49, section 393.95.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.5707 Section 5707, on-Demand Mobile Fueling Operations

IFC section 5707.2 is amended to read:

5707.2 Mobile fueling vehicle. An on-demand mobile fueling vehicle shall be a vehicle that has chassis-mounted tanks or containers where the aggregate cargo capacity does not exceed 1,200 gallons (4,592 L). A mobile fueling vehicle with a mounted tank in excess of 110 gallons (415 L) shall comply with the requirements of Sections 5706.6 and 5707, and NFPA 385. The mobile fueling vehicle shall comply with all local, state, and federal requirements. The mobile fueling vehicle and its equipment shall be maintained in good repair.

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.6101 Chapter 61, Liquefied Petroleum Gases

Chapter 61 is deleted in its entirety and replaced with the following:

CHAPTER 61

LIQUEFIED PETROLEUM GASES

SECTION 6101

NFPA STANDARD NO. 58 INCORPORATED

6101.1 Incorporation by reference. The storage, handling, transportation, and use of liquefied petroleum gas and the installation of all equipment pertinent to systems for such uses shall be designed, constructed, installed, operated, and maintained in accordance with the provisions of NFPA Standard No. 58, Liquefied Petroleum Gas Code (Quincy, Massachusetts, 2017). Standard No. 58, as amended by Section 6102, is incorporated by reference, is not subject to frequent change, and is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155.

SECTION 6102

AMENDMENTS TO NFPA STANDARD NO. 58

6102.1 Amendments. NFPA 58 shall apply to the storage, handling, transportation, and use of liquefied petroleum gas and the installation of all equipment pertinent to systems for such uses, except as amended by this section.

1. Section 6.5.3.8 of NFPA Standard No. 58 is amended to read:

6.5.3.8. No horizontal separation shall be required between aboveground LP-Gas containers and underground tanks containing flammable or combustible liquids installed in accordance with Chapter 57 of the International Fire Code.

2. Section 6.5.3.11 of NFPA Standard No. 58 is amended to read:

6.5.3.11 The minimum separation between LP-Gas containers and liquefied hydrogen containers shall be in accordance with Chapter 55 of the International Fire Code.

3. Footnote "b" of Table 6.7.2.1 of NFPA Standard No. 58 is amended to read:

b. Walls constructed of noncombustible materials having a fire rating of at least one hour as determined by the Building Code.

4. Section 6.8.7.1 of NFPA Standard No. 58 is amended to read:

6.8.7.1. Installation of containers on roofs of buildings shall be prohibited.

5. Section 6.8.7.2 of NFPA Standard No. 58 is deleted.

6. Section 6.22.11.1 of NFPA Standard No. 58 is deleted.

7. Section 6.25.2.1 of NFPA Standard No. 58 is amended to read:

6.25.2.1 Electrical equipment and wiring shall be of a type specified by and shall be installed in accordance with the Minnesota Electrical Code for ordinary locations except that fixed electrical equipment in classified areas shall comply with Section 6.25.2.2.

8. The first sentence of Section 6.25.2.2 of NFPA Standard No. 58 is amended to read:

6.25.2.2 Fixed electrical equipment and wiring installed within the classified areas specified in Table 6.25.2.2 shall comply with Table 6.25.2.2 and shall be installed in accordance with the Minnesota Electrical Code.

9. Section 10.2.3 of NFPA Standard No. 58 is amended to read:

10.2.3 Structure or building heating. Heating shall be by steam or hot water radiation or other heating transfer medium with the heat source located outside the building or structure (see Section 6.25, Ignition Source Control), or by electrical appliances listed for Class I, Group D, Division 2 locations, in accordance with the Minnesota Electrical Code.

History

• Statutory Authority: MS s 326B.02
• History: 40 SR 1437; 44 SR 610

Minn. R. 7511.7900 Amendments to Appendices of International Fire Code

Subpart 1.

[Repealed, 40 SR 1437]

Subp. 2. IFC Appendix O.

The IFC is amended by adding an Appendix O to read:

The provisions contained in this appendix are not mandatory unless specifically referenced in the local adopting ordinance.

APPENDIX O

FIRES OR BARBECUES ON BALCONIES OR PATIOS

SECTION 1 - OPEN FLAME AND FUEL STORAGE PROHIBITED

1.1 Open flame prohibited. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet (4,572 mm) of the structure.

1.2 Fuel storage prohibited. No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 1.1.

Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches (457 mm) on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the fire chief.

Subp. 3.

[Repealed, 40 SR 1437]

Subp. 4.

[Repealed, 40 SR 1437]

Subp. 5. IFC Appendix P.

The IFC is amended by adding an appendix to read as follows:

The provisions contained in this appendix are not mandatory unless specifically referenced in the local adopting ordinance.

APPENDIX P

EMERGENCY RESPONDER RADIO COVERAGE

P101 Emergency responder radio coverage in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following:

1. Whenever an existing wired communication system cannot be repaired or is being replaced, or where not approved.

2. Within a time frame established by the adopting authority.

Exception: Where it is determined by the fire code official that the radio coverage system is not needed.

P102 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

Exceptions:

1. Where approved by the building official and the fire code official, a wired communication system in accordance with Section 907.2.12.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.

2. Where it is determined by the fire code official that the radio coverage system is not needed.

3. In facilities where emergency responder radio coverage is required and such systems, components, or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.

4. Where it is determined to be unreasonably burdensome to implement an approved radio coverage system.

P103 Permit required. A construction permit for the installation of or modification to emergency responder radio coverage systems and related equipment is required. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

P104 Technical requirements. Systems, components, and equipment required to provide emergency responder radio coverage system shall comply with Sections P104.1 through P104.2.6.

P104.1 Radio signal strength. The building shall be considered to have acceptable emergency responder radio coverage when signal strength measurements in 95 percent of all areas on each floor of the building meet the signal strength requirements in Sections P104.1.1 and P104.1.2.

P104.1.1 Minimum signal strength into the building. A minimum signal strength of -95 dBm shall be receivable within the building at a hip-worn device.

P104.1.2 Minimum signal strength out of the building. A minimum signal strength of -95 dBm shall be received by the agency's radio system when transmitted from within the building from a hip-worn device.

P104.2 System design. The emergency responder radio coverage system shall be designed in accordance with Sections P104.2.1 through P104.2.6.

P104.2.1 In-building coverage systems allowed. Buildings and structures which cannot support the required level of radio coverage shall be equipped with a radiating cable system, a distributed antenna system with Federal Communications Commission (FCC) certified repeaters, bi-directional amplifiers, picocells or their equivalents, or other system approved by the fire code official in order to achieve the required adequate radio coverage.

P104.2.2 Technical criteria. The fire code official shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system. This document shall contain the various frequencies required, the location of radio sites, effective radiated power of radio sites, and other supporting technical information.

P104.2.3 Standby power. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system accordance with Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at 100 percent system capacity for a duration of not less than 12 hours.

P104.2.4 In-building coverage system requirements. If used, in-building coverage systems shall meet the following requirements:

1. All in-building coverage system components shall be contained in a National Electrical Manufacturer's Association (NEMA) 4-type waterproof cabinet.

2. Battery systems used for the emergency power source shall be contained in a NEMA 4-type waterproof cabinet.

3. The in-building coverage system and battery system shall be electrically supervised and monitored by a supervisory service, or when approved by the fire code official, shall sound an audible signal at a constantly attended location.

4. Equipment shall have FCC certification prior to installation.

P104.2.5 Additional frequencies and change of frequencies. The emergency responder radio coverage system shall be capable of modification or expansion in the event frequency changes are required by the FCC or additional frequencies are made available by the FCC, or public safety entities operating in a given jurisdiction make modifications, changes, or upgrades to their communication system(s) that change the frequencies such systems utilize.

P104.2.6 Availability. The in-building coverage system, in general, shall operate according to its intended specification with "5-9s" availability of 99.999 percent of each year; i.e., no critical component of the system shall be out of normal operation for more than 5.26 minutes of each year.

P105 Installation requirements. The installation of the public safety radio coverage system shall be in accordance with Sections P105.1 through P105.5.

P105.1 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC shall not be installed without prior coordination and approval of the fire code official.

P105.2 Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include at least one of the following:

1. Certification of in-building system training issued by a nationally recognized organization or school.

2. A certificate issued by the manufacturer of the equipment being installed.

These qualifications shall not be required where demonstration of adequate skills and experience satisfactory to the fire code official is provided.

P105.3 Acceptance test procedure. When an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of 95 percent. The test procedure shall be conducted as follows:

1. Each floor of the building shall be divided into a grid of 20 approximately equal test areas.

2. The test shall be conducted using a calibrated handheld or hip-worn device of the latest brand and model used by the agency talking through the agency's radio communications system.

3. Failure of a maximum of two nonadjacent test areas shall not result in failure of the test.

4. In the event that three of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of a maximum of four nonadjacent test areas shall not result in failure of the test. If the system fails the 40-area test, the system shall be altered to meet the 95 percent coverage requirement.

5. A test location approximately in the center of each test area shall be selected for the test, with the radio enabled to verify two-way communications to and from the outside of the building through the public agency's radio communications system. Once the test location has been selected, that location shall represent the entire test area. Failure in the selected test location shall be considered failure of that test area. Additional test locations shall not be permitted.

6. The gain values of all amplifiers, if applicable, shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified during annual tests. In the event that the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values.

7. As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject in-building coverage system. This test shall be conducted at time of installation and subsequent annual inspections.

8. A test shall be considered a "failure" when a transmission from the test device within the building fails to deliver intelligible audio or data to the appropriate public safety dispatch center or equivalent as would be expected during normal operation; and/or when a transmission from a public safety dispatch center or equivalent fails to deliver intelligible audio or data to the test device within the building as would be expected during normal operation.

P105.5 FCC compliance. The emergency responder radio coverage system installation and components shall also comply with all applicable federal regulations including FCC 47 CFR Part 90.219.

P106 Maintenance. The emergency responder radio coverage system shall be maintained operational at all times in accordance with Sections P106.1 through P106.4.

P106.1 Testing and proof of compliance. The emergency responder radio coverage system shall be inspected and tested annually or whenever structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following:

1. In-building coverage test as described in Section P105.3.

2. Signal boosters in-building coverage systems shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance.

3. Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If, within the one-hour test period, the battery exhibits symptoms of failure, the test shall be extended for additional one hour periods until the integrity of the battery can be determined.

4. All other active components shall be checked to verify operation within the manufacturer's specifications.

5. At the conclusion of the testing, a report, which shall verify compliance with Section P105.3, shall be submitted to the fire code official.

P106.2 Additional frequencies. The building owner shall modify or expand the emergency responder radio coverage system at their expense in the event frequency changes are required by the FCC or additional frequencies are made available by the FCC, or public safety entities operating in a given jurisdiction make modifications, changes, or upgrades to their communication system(s) that change the frequencies such systems utilize. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section.

P106.3 Field testing. Agency personnel shall have the right to enter onto the property at any reasonable time to conduct field testing to verify the required level of radio coverage.

P106.4 Planned outages. Any planned outages of the in-building coverage system, such as for replacement or upgrade of the system, shall be done with the written approval of an entity legitimately representing public safety agencies operating within the jurisdiction, such as a county sheriff.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.8000 [Renumbered 7511.8400]

[Renumbered 7511.8400]

History

• Statutory Authority: MS s 326B.02
• History: 44 SR 610

Minn. R. 7511.8010 [Renumbered 7511.8410]

[Renumbered 7511.8410]

Minn. R. 7511.8020 [Renumbered 7511.8420]

[Renumbered 7511.8420]

Minn. R. 7511.8030 [Renumbered 7511.8430]

[Renumbered 7511.8430]

Minn. R. 7511.8040 [Renumbered 7511.8440]

[Renumbered 7511.8440]

Minn. R. 7511.8100 Chapter 81 - Adult Day Services Centers, Residential Hospice Facilities and Supervised Living Facilities

The IFC is amended by adding Chapter 81 to read:

CHAPTER 81

ADULT DAY SERVICES CENTERS, RESIDENTIAL HOSPICE FACILITIES

AND SUPERVISED LIVING FACILITIES

SECTION 8101

GENERAL

8101.1 Requirements. Adult day services centers, residential hospice facilities and supervised living facilities shall meet the requirements of this chapter.

SECTION 8102

ADULT DAY SERVICES CENTERS

8102.1 Classification of adult day services centers. Adult day services centers are classified in accordance with the following and must meet the fire safety requirements for the designated occupancy classification.

8102.1.1 Serving only participants capable of self-preservation. Centers serving only participants who are capable of taking appropriate action for self-preservation under emergency conditions shall meet all applicable requirements for Group E occupancies.

8102.1.2 Serving only participants not capable of self-preservation. Centers serving only participants who are not capable of taking appropriate action for self-preservation under emergency conditions shall meet all applicable requirements for Group I-4 occupancies.

8102.1.3 Serving both participants capable and participants not capable of self-preservation. Centers serving a population that includes both participants who are capable and participants who are not capable of taking appropriate action for self-preservation under emergency conditions shall meet the occupancy requirements for Group I-4 or Group E occupancies. In addition to the requirements for Group E occupancies, the center shall meet the requirements set forth in Sections 8102.1.3.1 through 8102.1.3.4.

8102.1.3.1 Population. Not more than 50 percent of the center's licensed capacity shall be made up of participants who are not capable of taking appropriate action for self-preservation under emergency conditions.

8102.1.3.2 Location. The center must be located on a floor level with all exits directly to grade without any intervening stairs.

8102.1.3.3 Fire alarm and detection. The center shall be protected with a complete automatic fire alarm system consisting of automatic smoke detection in all corridors and at the top of all stairways and automatic detection in boiler and furnace rooms, kitchens, storage rooms, custodial closets, laundries, and other hazardous areas.

8102.1.3.4 Evacuation time. The center shall demonstrate the ability to evacuate the entire population of the center within three minutes.

SECTION 8103

RESIDENTIAL HOSPICE FACILITIES

8103.1 Classification of residential hospice facilities. Residential hospice facilities meeting the fire-protection provisions of Chapter 32 of NFPA Standard No. 101 (Quincy, Massachusetts, 2012) for impractical evacuation capabilities shall be classified as Group R-4 occupancies, if serving six to 12 persons, or as Group R-3 occupancies, if serving five or fewer persons. For purposes of this section, Standard No. 101 ( 2012) Chapter 32 is incorporated by reference, is not subject to frequent change and is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155.

SECTION 8104

SUPERVISED LIVING FACILITIES

8104.1 Classification of supervised living facilities. Supervised living facilities are classified in accordance with Chapter 2 and must meet the fire safety requirements for the designated occupancy classification.

8104.1.1 Class A-1 supervised living facilities. Class A-1 supervised living facilities must meet Group R-3 occupancy requirements.

8104.1.2 Class A-2 supervised living facilities. Class A-2 supervised living facilities housing not more than 16 persons, excluding staff, must meet Group R-4 occupancy requirements. Class A-2 supervised living facilities housing more than 16 persons, excluding staff, must meet Group I-1 occupancy requirements.

8104.1.3 Class B-1 supervised living facilities. Class B-1 supervised living facilities meeting the fire-protection provisions of Chapter 32 of NFPA Standard No. 101 (Quincy, Massachusetts, 2012) for impractical evacuation capabilities shall be classified as Group R-3 occupancies. For the purposes of Sections 8104.1.3 and 8104.1.4, Standard No. 101 (2012) Chapter 32 is incorporated by reference, is not subject to frequent change and is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155.

8104.1.4 Class B-2 supervised living facilities. Class B-2 supervised living facilities meeting the fire-protection provisions of Chapter 32 of NFPA Standard No. 101 (Quincy, Massachusetts, 2012) for impractical evacuation capabilities shall be classified as Group R-4 occupancies.

8104.1.5 Class B-3 supervised living facilities. Class B-3 supervised living facilities must meet Group I-2 occupancy requirements.

History

• Statutory Authority: MS s 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437; 44 SR 610

Minn. R. 7511.8400 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 7511.8400 to 7511.8440 is to prescribe the standard abbreviation and symbol required to be displayed on the exterior of any vehicle carrying liquefied petroleum gas fuel or natural gas in a concealed tank.

Subp. 2. Scope.

The scope of parts 7511.8400 to 7511.8440 is intended to be consistent with Minnesota Statutes, section 169.762.

History

• Statutory Authority: MS s 169.762; 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.8410 Pressurized Flammable Gas

"Pressurized flammable gas" includes liquefied petroleum gas, compressed natural gas, and liquefied natural gas.

History

• Statutory Authority: MS s 169.762; 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.8420 Warning Symbol Required

The marking required by Minnesota Statutes, section 169.762, must be displayed on the exterior of a vehicle carrying pressurized flammable gas in a concealed area, whether the gas is the primary fuel or secondary fuel.

History

• Statutory Authority: MS s 169.762; 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.8430 Symbol Design

Subpart 1. Design.

The required warning symbol must be of a design illustrated as follows:

Subp. 2. Specifications.

The following specifications apply to each of the warning symbols:

A. The symbol must be diamond-shaped, 2-1/2 inches in height, and four inches in width at its highest and widest points respectively.

B. The letters and border must be silver in color.

C. The background must be black in color.

D. The letters within the symbol must be a minimum of one inch in height.

E. The entire symbol, including letters, background, and border, must be made of reflectorized material and not fade or wash away when exposed to weather or other adverse elements.

History

• Statutory Authority: MS s 169.762; 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.8440 Symbol Placement

A minimum of two warning symbols is required to be displayed. The warning symbols must be displayed in the places specified in item A. If the symbols cannot be clearly displayed or effectively applied to those locations they may be displayed in the places specified in item B. Display at least two symbols as follows:

A. one warning symbol on the extreme left (driver's) side of the rear-facing portion of the rear bumper, and one warning symbol on the extreme right (passenger) side of the front-facing portion of the front bumper; or

B. one warning symbol at least 12 inches but not more than 30 inches above the ground on the rear of the vehicle near the left (driver's) side and one warning symbol at least 12 inches but not more than 30 inches above the ground on the front of the vehicle near the right (passenger) side.

History

• Statutory Authority: MS s 169.762; 299F.011; 326B.02
• History: 32 SR 10; 40 SR 1437

Minn. R. 7511.8500 [Repealed, 36 SR 1479]

[Repealed, 36 SR 1479]

Minn. R. 7511.8510 [Repealed, 36 SR 1479]

[Repealed, 36 SR 1479]

Minn. R. 7511.8520 [Repealed, 36 SR 1479]

[Repealed, 36 SR 1479]

Minn. R. 7511.8530 [Repealed, 36 SR 1479]

[Repealed, 36 SR 1479]

Minn. R. 7511.8540 [Repealed, 36 SR 1479]

[Repealed, 36 SR 1479]

Minn. R. 7511.8550 [Repealed, 36 SR 1479]

[Repealed, 36 SR 1479]

Minn. R. 7511.8560 [Repealed, 36 SR 1479]

[Repealed, 36 SR 1479]

Minn. R. 7511.8570 [Repealed, 36 SR 1479]

[Repealed, 36 SR 1479]

Chapter 7512 FIRE PROTECTION SYSTEMS, PERSONNEL

Minn. R. 7512.0100 Definitions

Subpart 1. Scope.

The terms used in parts 7512.0100 to 7512.2800 have the meanings given them in this part and in Minnesota Statutes, section 299M.01.

Subp. 2. Authority having jurisdiction.

"Authority having jurisdiction" means the governmental organization, office, or individual responsible for approving equipment and installation or a procedure.

Subp. 3. Board member.

"Board member" means a director in a corporation and a governor in a limited liability company.

Subp. 4. Building code.

"Building code" means the Minnesota State Building Code adopted pursuant to Minnesota Statutes, section 326B.106, subdivision 1, and includes future amendments to the building code.

Subp. 5. Commissioner.

"Commissioner" means the commissioner of public safety, acting directly or through the state fire marshal and other authorized agents.

Subp. 6. Days.

"Days" means calendar days when referring to the amount of time when the performance or doing of any act, duty, matter, payment, or thing is ordered, directed, or prescribed. A period of time measured in days, except as otherwise provided, must be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on a Saturday, Sunday, or legal holiday, that day must be omitted from the computation.

Subp. 7. Federal approval agency.

"Federal approval agency" means the United States Department of Labor, Bureau of Apprenticeship and Training.

Subp. 8. Fire code.

"Fire code" means the Minnesota Uniform Fire Code adopted pursuant to Minnesota Statutes, section 326B.02, subdivision 6, and includes future amendments to the fire code.

Subp. 9. Fire protection-related work.

"Fire protection-related work," when applied to a licensed fire protection contractor, means the sale, design, installation, modification, or inspection of a fire protection system, its parts, or related equipment, or the offer to do so. Fire protection-related work, when applied to a journeyman sprinkler fitter or an apprentice sprinkler fitter, means the installation, connection, alteration, repair, or addition to a fire protection system.

Subp. 10. Inspect or inspection.

"Inspect" or "inspection" means conducting a final acceptance test; trip test of dry pipe, deluge, or preaction valves; or a test that an authority having jurisdiction requires to be conducted under the supervision of a contractor.

Subp. 11. Officer.

"Officer" means an officer of a corporation and a manager of a limited liability company.

Subp. 12. Owner.

"Owner" means the sole proprietor of a sole proprietorship, a partner in a partnership, a shareholder holding an interest of five percent or more in a corporation, and a member holding an interest of five percent or more in a limited liability company.

Subp. 13. Potable water source.

"Potable water source" means a gravity tank, fire pump, reservoir or pressure tank, well, city main, or any combination of these that provides a reliable, constant, and sufficient supply of water capable of being used for human consumption.

Subp. 14. State approval agency.

"State approval agency" means the Department of Labor and Industry or a state agency in Minnesota or another state if the commissioner determines that the state agency approves training programs and monitors apprentice or trainee progress in a manner comparable to that done by the Department of Labor and Industry or by the United States Department of Labor, Bureau of Apprenticeship and Training.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2007 c 140 art 3 s 6; art 4 s 61; art 13 s 4

Minn. R. 7512.0200 Purpose

The purpose of parts 7512.0100 to 7512.2800 is to provide fire protection (sprinkler and standpipe) system rules relating to persons who sell, design, inspect, install, modify, alter, add to, repair, or connect the systems to ensure readiness intended for protecting life and property from fire and relating to the administration and enforcement of Minnesota Statutes, chapter 299M.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.0300 Scope; Effective Date

Parts 7512.0100 to 7512.2800 are intended to be consistent with Minnesota Statutes, chapter 299M. Parts 7512.0100 to 7512.2800 govern regulation by municipalities; permit, filing, inspection, certificate, and license fees; qualifications, examination, and licensing of fire protection contractors; certification of journeyman sprinkler fitters; registration of apprentices; and the administration and enforcement of parts 7512.0100 to 7512.2800 and Minnesota Statutes, chapter 299M.

The effective date of parts 7512.0100 to 7512.2800 is February 21, 1994. A person who submits satisfactory proof to the commissioner of actively engaging in full-time fire protection system installation as a fire protection contractor for a period of five years before February 21, 1994, and who applies for a license on or before April 21, 1994, is eligible for licensure without examination until February 21, 1996. A person who submits satisfactory proof to the commissioner of actively engaging in full-time fire protection systems installation as a sprinkler fitter for a period of five years before February 21, 1994, and who applies for a certificate on or before February 21, 1994, is eligible for certification without examination until February 14, 1996. A person who is exempt from examination for the two-year period, fulfills all other requirements under this chapter and under Minnesota Statutes, chapter 299M, and pays the required annual fee must be granted the appropriate license or certificate. A person who is exempt from examination by this part must pass the examination by February 21, 1996, or surrender the license or certificate. A license or certificate obtained without examination is not renewable on or after February 21, 1996, until the appropriate examination is passed.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.0400 Contractor License Required; Exceptions

Subpart 1. License required.

Except as provided in subpart 2, a person must have a fire protection contractor license to perform fire protection-related work.

Subp. 2. Exceptions.

A person does not need a fire protection contractor license for the following activities:

A. A person does not need a contractor license to sell fire protection system parts or related equipment to a licensed contractor.

B. A person does not need a contractor license to install or service a special agent fire suppression system that is not connected to a potable water source. A special agent fire suppression system uses extinguishing agents other than water and includes such systems as dry chemical systems, carbon dioxide systems, halogenated and gaseous agent systems, foam systems, and wet chemical systems.

C. A person does not need a contractor license when acting in an official capacity as a building official, fire official, or insurance inspector.

D. A person licensed as a plumber under Minnesota Statutes, section 326B.46, does not need a contractor license to sell, design, install, modify, or inspect a standpipe or hose system only.

E. A person licensed as a professional engineer under Minnesota Statutes, section 326.03, who is competent in fire protection system design does not need a contractor license to perform activities authorized by the professional engineer license.

F. A person licensed as an alarm and communication contractor under Minnesota Statutes, section 326B.34, or a Minnesota-licensed electrical contractor under Minnesota Statutes, section 326B.33, does not need a fire protection contractor license to perform activities authorized by the alarm and communication contractor license or electrical contractor license.

G. A person does not need a contractor license to maintain a fire protection system. For purposes of this item, "maintain" means the scheduled activities to keep a fire protection system operable. Maintain also means to make emergency repairs to correct an emergency impairment of a fire protection system, until such time as permanent repairs can be done by a licensed fire protection contractor.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2007 c 140 art 5 s 32; art 6 s 15; art 13 s 4

Minn. R. 7512.0500 Initial Application for Contractor License

Subpart 1. Contents of application.

An initial application for a fire protection contractor license must be on a form provided or approved by the commissioner and must meet the following requirements:

A. The application must contain the name, address, and telephone number of the applicant. The application must also contain each additional name and address that the applicant will use to conduct business transactions.

B. The application must indicate whether the applicant is an individual, partnership, corporation, or limited liability company. The application must also list each owner, officer, and board member.

C. The application must give the name of the managing employee for the contractor.

D. The application must contain the full name, date of birth, and driver's license number of each person named on the application. If a person does not have a driver's license, the application must contain the identification card number of that person. If a person's driver's license or identification card was issued by another state or country, the application must list the name of the state or country.

E. The application must contain a history of fire protection contractor licensure of each person, partnership, corporation, and limited liability company named on the application. The history must be of each license applied for or issued by Minnesota or by another jurisdiction and must include the issuance and expiration dates of the license. If the jurisdiction refused to issue, revoked, or suspended a license, the history must give the date and the reason.

F. The application must give the name of the provider and the policy number of the applicant's insurance required under part 7512.1000. The application must be accompanied by documentation showing that the insurance meets the requirements of part 7512.1000. The documentation must be in the form of a certificate of insurance executed by an insurer authorized to do business in Minnesota and countersigned by an insurance agent licensed in Minnesota.

G. The application must be accompanied by a bond meeting the requirements of part 7512.1000.

H. The application must be accompanied by a completed tax information form required by the commissioner of revenue under Minnesota Statutes, section 270C.72.

I. The application must be accompanied by documentation showing compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, section 176.181, subdivision 2. The documentation must contain the name of the insurance company, the policy number, and dates of coverage, or the permit to self-insure.

J. The application must be accompanied by a license fee of $575.

K. The application must contain or be accompanied by other information requested by the commissioner as necessary to determine whether the applicant meets the requirements for a contractor of parts 7512.0100 to 7512.2800 and Minnesota Statutes, chapter 299M.

L. Each person named on the application shall sign the application, verifying that the information in the application is true.

Subp. 2. Issuing license.

Except as provided in subpart 3, the commissioner shall use the provisions of this subpart to determine whether to issue a fire protection contractor license. The commissioner shall issue a fire protection contractor license to the applicant, unless there is a reason to refuse to issue. The commissioner shall refuse to issue a license for any of the following reasons:

A. The application or the items filed with the application do not meet the requirements of subpart 1.

B. The person designated on the application as managing employee does not meet the requirements of a managing employee set out in parts 7512.1300 to 7512.1600.

C. The applicant is currently under revocation or suspension as a contractor or managing employee.

D. A person named on the application was an owner, officer, board member, or managing employee of a fire protection contractor whose license was revoked under part 7512.2600. After the revocation period has elapsed, an applicant is not disqualified.

E. The commissioner of revenue notifies the commissioner of public safety under Minnesota Statutes, section 270C.72, that the applicant owes the state delinquent taxes, penalties, or interest.

F. The applicant does not meet the requirements for a contractor set out in parts 7512.0400 to 7512.1200 and Minnesota Statutes, chapter 299M.

Subp. 3. Designer contractor license.

The commissioner shall issue a designer contractor license to an applicant who performs fire protection-related work that is limited to the design of fire protection systems. To obtain a designer contractor license, the applicant shall submit to the commissioner a license application that meets the requirements of subpart 1, except that the bond amount must be $10,000 and the license fee must be $150. The annual license renewal fee is $75. The person designated on the application as managing employee must meet the requirements of a managing employee set out in parts 7512.1300 to 7512.1600, except that to qualify for examination, the person must hold a Level IV certification by the National Institute for Certification in Engineering Technologies, in the field of fire protection, and in the subfield of automatic sprinkler system layout. When performing fire protection-related work, the designer contractor is limited to designing fire protection systems.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2005 c 151 art 1 s 116

Minn. R. 7512.0600 Contractor License Renewal

Subpart 1. License expiration date.

A fire protection contractor license expires at midnight on June 30 of each year. A license is valid upon renewal until the following June 30.

Subp. 2. Renewal application.

A renewal application for a contractor license must be on a form provided or approved by the commissioner and must contain the following information and items:

A. The application must contain the contractor's name and contractor number.

B. The application must verify that the contractor information is accurate as of the date of renewal. Contractor information includes information or items submitted with the contractor's initial license application, as amended by a notice of change.

C. The application must be accompanied by documentation showing compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, section 176.181, subdivision 2. The documentation must contain the name of the insurance company, the policy number, and dates of coverage, or the permit to self-insure.

D. The application must be accompanied by a license renewal fee of $500. If the application is submitted on or after June 1, the application must also be accompanied by a late fee of $50.

E. The application must contain or be accompanied by other information requested by the commissioner as necessary to determine whether the applicant meets the requirements for a contractor of parts 7512.0400 to 7512.1200 and Minnesota Statutes, chapter 299M.

F. One person named on the application shall sign the application, verifying that the information on the application is true.

Subp. 3. Reasons to refuse renewal.

To renew a contractor license, the contractor shall submit a completed license renewal application to the commissioner. The commissioner shall accept a renewal application any time on or before June 30. A person shall not perform fire protection-related work after the license has expired and before a renewal license is issued. The commissioner shall renew the license, unless there is a reason to refuse to renew. The commissioner shall refuse to renew for any of the following reasons:

A. The application does not meet the requirements of subpart 2.

B. The applicant is currently under revocation or suspension.

C. The commissioner of revenue notifies the commissioner of public safety under Minnesota Statutes, section 270C.72, that the applicant owes the state delinquent taxes, penalties, or interest.

Subp. 4. Application after lapse.

Within one year after a contractor license has expired, a former contractor may obtain another license by following the renewal procedures of this part. A contractor whose license has been expired for more than one year shall comply with all requirements and procedures of part 7512.0500 in order to obtain another license. A person may not perform fire protection-related work after the license has expired and before another license is issued.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2005 c 151 art 1 s 116

Minn. R. 7512.0700 Change in Contractor License Conditions

Subpart 1. Notice of change.

A fire protection contractor shall notify the commissioner of a change in contractor information. Contractor information is the current information that the commissioner has concerning a contractor. This information is based upon the information or items submitted by the contractor in its initial license application or updated change notices.

Subp. 2. Form of notice.

A notice of change must be made on a form provided or approved by the commissioner and must meet the following conditions:

A. The notice of change must indicate the contractor information that has changed.

B. The notice of change must be accompanied by initial license items that have changed.

C. One owner, officer, board member, or managing employee shall sign the notice, verifying that the information on the notice is true.

D. A person who is removed as an owner, officer, board member, or managing employee shall sign the notice, verifying that the person has been removed. If it is not possible for this person to sign, the notice of change must contain the reason.

Subp. 3. Timing of notice.

The contractor shall submit the notice of change so that it is received by the commissioner before the change occurs, unless this is not possible, in which case the contractor shall submit the notice as soon as reasonable.

Subp. 4. License not transferable.

A fire protection contractor license may not be transferred from one person or organization to another. A successor contractor may not perform fire protection-related work until after the successor contractor has obtained another license. In addition, the successor contractor shall obtain a bond that is separate and distinct from the bond under the original license.

A contractor license issued to an individual, partnership, corporation, or limited liability company does not transfer to a new business entity created by a change in the form of ownership of the business.

A contractor license issued to a partnership becomes invalid when an original partner leaves the partnership or a new partner is brought into the partnership.

A contractor license issued to a corporation becomes invalid when the corporation is dissolved. A contractor license remains valid when a shareholder of the corporation or the name of the corporation is changed.

A contractor license issued to a limited liability company becomes invalid when the limited liability company is dissolved. A contractor license remains valid when a member of the limited liability company or the name of the limited liability company is changed.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.0800 Contractor's Managing Employee Requirements

Subpart 1. Employment of managing employee.

A fire protection contractor shall employ a person who meets the requirements for a managing employee contained in parts 7512.1300 to 7512.1600. The managing employee shall supervise the performance of all fire protection-related work by the contractor.

Subp. 2. Exceptions.

Except as provided in subparts 3 to 6, a contractor shall not perform fire protection-related work after the contractor loses its managing employee. A contractor loses its managing employee when the managing employee is no longer employed by the contractor or when the managing employee no longer meets the requirements of parts 7512.1300 to 7512.1600. The limitations and conditions of subparts 3 to 6 no longer apply to a contractor after the contractor employs a new managing employee who meets the requirements of parts 7512.1300 to 7512.1600.

Subparts 3 to 6 must not be interpreted to require the commissioner to issue a contractor license to an applicant for an initial contractor license who does not have a managing employee.

Subp. 3. Notice to commissioner.

The contractor shall notify the commissioner within three days after the contractor loses its managing employee.

Subp. 4. Fourteen-day grace period.

The contractor may continue performing fire protection-related work for a period of 14 days after the contractor loses its managing employee, provided the contractor:

A. notifies the commissioner under subpart 3; and

B. sufficiently supervises its work to ensure that the work is performed in compliance with the fire code and the building code and that worker safety is not compromised.

Subp. 5. Continuing grace period.

The contractor may continue performing fire protection-related work after the end of the 14-day period under subpart 4 and until seven days after the results of the next managing employee examination are issued, if the contractor meets the following conditions:

A. the contractor designates an employee as acting managing employee;

B. the person designated by the contractor meets the qualifications of part 7512.1300 to take the managing employee examination;

C. the person designated by the contractor submits an application to take the next managing employee examination; and

D. the commissioner determines that the person designated by the contractor will likely pass the managing employee examination, based on the person's qualifications and experiences.

Subp. 6. Deadline to designate new managing employee.

Within seven days after the results of the next managing employee examination are issued, the contractor either shall designate a new managing employee who meets the qualifications of parts 7512.1300 to 7512.1600 or shall discontinue performing fire protection-related work.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.0900 Contractor Operating Requirements

Subpart 1. Posting of license.

A contractor shall post its contractor license issued under parts 7512.0500 and 7512.0600 in a conspicuous place in the contractor's place of business. A contractor shall display its contractor license number on all bids, proposals, offers, and installation drawings for fire protection systems.

Subp. 2. Compliance with codes.

A contractor shall perform fire protection-related work so that the work is in compliance with the fire code and the building code.

Subp. 3. Contractor employees.

A fire protection contractor may not employ a person to perform fire protection-related work unless the person is a managing employee, certified journeyman, or registered apprentice.

Subp. 4. Supervision of apprentices.

A fire protection contractor shall ensure that an apprentice sprinkler fitter working for the contractor is under the direct supervision of a managing employee or journeyman sprinkler fitter. Direct supervision means that a managing employee or journeyman ensures that the apprentice is regularly engaged in learning the sprinkler fitter trade and oversees and directs the fire protection-related work performed by the apprentice such that:

A. the managing employee or journeyman actually reviews the work performed by the apprentice;

B. the managing employee or journeyman is on the job site and immediately available to the apprentice at all times for assistance and direction; and

C. the managing employee or journeyman is able to and does determine that work performed by the apprentice is performed in compliance with the fire code and the building code.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.1000 Insurance and Bond

Subpart 1. Insurance.

A fire protection contractor shall have a general liability insurance policy meeting the following requirements:

A. The policy must include products and completed operations coverage.

B. The limits of insurance coverage of the policy must be at least $250,000 per person and $500,000 per occurrence and property damage insurance with limits of at least $100,000.

C. The policy must be conditioned to pay, on behalf of the insured, those amounts that the insured is legally obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insured's servant, officer, agent, or employee in the performance of fire protection-related work.

D. The term of the policy must be concurrent with the term of the license.

E. The policy must be executed by an insurer authorized to do business in Minnesota and countersigned by an insurance agent licensed in Minnesota.

F. The policy must contain a stipulation that the insurance may not be canceled, terminated, or changed in a way so that it no longer meets the requirements of this subpart, except upon 30 days' prior written notice to the commissioner.

Subp. 2. Bond.

A contractor must have a bond meeting the following requirements:

A. The bond must be for the total penal sum of $30,000 conditioned upon the faithful and lawful performance of all work entered upon within the state.

B. The bond must be for the benefit of persons injured or suffering financial loss by reason of failure of performance.

C. The term of the bond must be concurrent with the term of the license.

D. The bond must be written by a corporate surety licensed to do business in the state, be a cash bond, or be an irrevocable line of credit.

E. The bond must contain a stipulation that the bond may not be canceled, terminated, or changed in a way so that it no longer meets the requirements of this subpart, except upon 30 days' prior written notice to the commissioner.

Subp. 3. Failure to have insurance or bond.

Except as provided in subpart 4, a fire protection contractor shall not perform fire protection-related work if the contractor does not have insurance meeting the requirements of subpart 1 and a bond meeting the requirements of subpart 2.

Subp. 4. Exceptions to insurance or bond requirements.

A fire protection contractor may, without the insurance or bond required by this part, perform fire protection-related work on premises or that part of premises actually occupied by the contractor and owned by the contractor or leased by the contractor for a period of at least one year.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.1100 Permit

Subpart 1. Authority having jurisdiction; permit requirements.

In areas of the state where a municipality reviews plans and inspects installations of fire protection systems, the municipality or the office or individual in the municipality responsible for plan review and inspection is the authority having jurisdiction. In all other areas of the state, the commissioner is the authority having jurisdiction for purposes of plan review and inspection. When required by the authority having jurisdiction, a fire protection contractor shall obtain a permit to perform fire protection-related work.

Subp. 2. Cost of fire protection system.

When applying for a permit, the contractor shall give an estimate of the total cost of the components and labor of the fire protection system to the authority having jurisdiction. If the actual cost of the system is greater than the estimated cost, the contractor shall notify the authority having jurisdiction of this fact at the time of the final acceptance test.

Subp. 3. Permit fee.

A fee for a permit to perform fire protection-related work may be charged at the discretion of and in an amount determined by the authority having jurisdiction. When the authority having jurisdiction is the commissioner, the contractor shall pay a permit fee to the commissioner. The permit fee must be the actual cost of the labor and components of the fire protection system multiplied by .012. When applying for the permit, the contractor shall pay an estimated fee based on the estimated cost of the system. If the actual cost of the system is greater than the estimated cost, the contractor shall pay any additional fee amount before the final acceptance test.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.1200 Surcharge

Subpart 1. Surcharge fee.

A fire protection contractor shall pay a surcharge fee on all fire protection-related work performed by the contractor. The amount of the surcharge fee must be the actual cost of the labor and components of the fire protection system multiplied by .002. The contractor shall pay the surcharge fee to the commissioner.

Subp. 2. Fee payment schedule.

The contractor shall pay the surcharge fee as follows:

A. If a bid is required for the project, the contractor shall pay the surcharge fee before starting the project. The amount of the fee must be based on the amount of the bid. If the actual cost of the fire protection system is greater than the amount of the bid, the contractor shall pay an additional surcharge fee prior to the final acceptance test of the fire protection system. The amount of the fee must be based on the difference between the actual cost of the fire protection system and the amount of the bid.

B. If a bid is not required for the project, the contractor shall pay the surcharge fee prior to the final acceptance test of the fire protection system. The amount of the fee must be based on the actual cost of the fire protection system.

Subp. 3. Surcharge fee account.

A contractor may prepay surcharge fees to the commissioner. The commissioner shall hold any prepaid fees in an account in the contractor's name and shall use the account only for surcharge fees on fire protection systems by the contractor.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.1300 Managing Employee Examination

Subpart 1. Application for examination.

An application for a managing employee examination must be on a form provided or approved by the commissioner and must meet the following requirements:

A. The application must contain the name, address, telephone number, date of birth, and driver's license number of the applicant. If the applicant does not have a driver's license, the application must contain the identification card number. If the applicant's driver's license or identification card was issued by another state or country, the application must list the name of the state or country.

B. The application must contain a history of fire protection contractor licensure or managing employee certification of the applicant. The history must be of each fire protection contractor license or managing employee certificate applied for or issued by Minnesota or by another jurisdiction and must include the issuance and expiration dates of the license or certificate. If the jurisdiction refused to issue, revoked, or suspended a license or certificate, the history must give the date and the reason.

C. The application must be accompanied by documentation that the applicant meets the qualifications to take the managing employee examination, as set out in subpart 2.

D. The application must be accompanied by a completed tax information form required by the commissioner of revenue under Minnesota Statutes, section 270C.72.

E. The application must contain or be accompanied by other information requested by the commissioner as necessary to determine whether the applicant meets the requirements of parts 7512.1300 to 7512.1600 for a managing employee.

F. The applicant shall sign the application, verifying that the information in the application is true.

Subp. 2. Qualifications for examination.

A person may take the managing employee examination if the person submits a completed application for examination and if the person meets one of the following qualifications:

A. The person has 10,000 hours of experience in designing, installing, modifying, or inspecting fire protection systems.

B. The person holds a Level III or IV certification by the National Institute for Certification in Engineering Technologies, in the field of fire protection, and in the subfield of automatic sprinkler system layout.

C. The person is licensed as a professional engineer under Minnesota Statutes, section 326.03, and is competent in fire protection system design.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2005 c 151 art 1 s 116

Minn. R. 7512.1400 Managing Employee Certificate

Subpart 1. Issuing certificate.

The commissioner shall issue a managing employee certificate and card to a person who is designated as a managing employee by a fire protection contractor, unless there is a reason to refuse to issue. The commissioner shall refuse to issue for any of the following reasons:

A. The person has not passed the managing employee examination and the person is not exempt under part 7512.0300 from the requirement to pass the examination.

B. The person has not met all continuing education requirements since passing the managing employee examination.

C. The person is not employed by the contractor.

D. The person is currently a managing employee for another contractor.

E. The person is currently under revocation or suspension as a fire protection contractor or managing employee.

F. The commissioner of revenue notifies the commissioner of public safety under Minnesota Statutes, section 270C.72, that the person owes the state delinquent taxes, penalties, or interest.

G. The person does not meet the requirements for a managing employee set out in parts 7512.1300 to 7512.1600.

Subp. 2. List of qualified managing employee candidates.

The commissioner shall maintain a list of persons who pass the managing employee examination, but who are not designated as a managing employee by a fire protection contractor. To remain on the list, a person shall fulfill continuing education requirements as they occur.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2005 c 151 art 1 s 116

Minn. R. 7512.1500 Managing Employee Certificate Renewal

Subpart 1. Certificate expiration date.

A managing employee certificate expires at midnight on June 30 of each year. A certificate is valid upon renewal until the following June 30.

Subp. 2. Renewal application.

A renewal application for a managing employee certificate must be on a form provided or approved by the commissioner and must contain the following information:

A. The application must contain the managing employee's name and managing employee number.

B. The application must list any changes to the managing employee's address, telephone number, and driver's license number.

C. The application must be accompanied by documentation showing that the managing employee has met the continuing education requirements of subpart 5.

D. The application must be accompanied by a certificate renewal fee of $75. If the application is submitted on or after June 1, the application must also be accompanied by a late fee of $50.

E. The application must contain or be accompanied by other information requested by the commissioner as necessary to determine whether the applicant meets the requirements of parts 7512.1300 to 7512.1600 for a managing employee.

F. The applicant shall sign the application, verifying that the information on the application is true.

Subp. 3. Reasons to refuse renewal.

To renew a managing employee certificate, the managing employee shall submit a completed certificate renewal application to the commissioner. The commissioner shall accept a renewal application any time on or before June 30. A person shall not perform fire protection-related work after the certificate expires and before a renewal certificate is issued. The commissioner shall renew the certificate, unless there is a reason to refuse to renew. The commissioner shall refuse to renew for any of the following reasons:

A. The application does not meet the requirements of subpart 2.

B. The applicant has not met the continuing education requirements of subpart 5.

C. The applicant obtained an initial certificate without passing an examination and the examination exemption period has expired without the applicant having passed the examination.

D. The applicant is currently under revocation or suspension.

E. The commissioner of revenue notifies the commissioner of public safety under Minnesota Statutes, section 270C.72, that the applicant owes the state delinquent taxes, penalties, or interest.

Subp. 4. Application after lapse.

Within one year after a managing employee certificate has expired, a former managing employee may obtain another certificate by following the renewal procedures of this part. A managing employee whose certificate has been expired for more than one year shall comply with all requirements and procedures of parts 7512.1300 and 7512.1400 in order to obtain another certificate. A person may not perform fire protection-related work after the expiration of a certificate and before another certificate is issued.

Subp. 5. Continuing education.

During each licensing year, a managing employee shall attend ten hours of continuing education courses on the performance of fire protection-related work and on laws and rules governing the performance of fire protection-related work.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2005 c 151 art 1 s 116

Minn. R. 7512.1600 Card Requirement

A managing employee shall carry the managing employee card and a picture identification while working as a managing employee. The managing employee shall make both the managing employee card and the picture identification available upon request by the commissioner or an authority having jurisdiction. The managing employee card is not transferable.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.1700 Journeyman Sprinkler Fitter Examination

Subpart 1. Application for examination.

An application for a journeyman sprinkler fitter examination must be on a form provided or approved by the commissioner and must meet the following requirements:

A. The application must contain the name, address, telephone number, date of birth, and driver's license number of the applicant. If the applicant does not have a driver's license, the application must contain the identification card number. If the applicant's driver's license or identification card was issued by another state or country, the application must list the name of the state or country.

B. The application must be accompanied by documentation that the applicant meets the qualifications to take the journeyman examination, as set forth in subpart 2.

C. The applicant shall sign the application, verifying that the information in the application is true.

Subp. 2. Qualifications for examination.

A person may take the journeyman examination if the person submits a completed application for examination and if the person meets one of the following qualifications:

A. The person has 8,000 hours of experience in performing fire protection-related work.

B. The person has completed a sprinkler fitter program where the person was regularly engaged in learning the trade under the direct supervision of a licensed fire protection contractor or journeyman sprinkler fitter, while registered with a state or federal approval agency.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.1800 Journeyman Sprinkler Fitter Certificate

Subpart 1. Certificate required.

A journeyman sprinkler fitter shall obtain a journeyman sprinkler fitter certificate before performing fire protection-related work.

Subp. 2. Application for certificate.

An initial application for a journeyman sprinkler fitter certificate must be on a form provided or approved by the commissioner and must meet the following requirements:

A. The application must contain the full name, address, telephone number, date of birth, and driver's license number of the applicant. If the applicant does not have a driver's license, the application must contain the identification card number. If the applicant's driver's license or identification card was issued by another state or country, the application must list the name of the state or country.

B. The application must contain a history of journeyman sprinkler fitter certification of the applicant. The history must be of each journeyman sprinkler fitter certificate applied for or issued by Minnesota or by another jurisdiction and must include the issuance and expiration dates of the certificate. If the jurisdiction refused to issue, revoked, or suspended a certificate, the history must give the date and the reason.

C. The application must be accompanied by documentation that the applicant passed the journeyman sprinkler fitter examination or that the applicant is exempt from examination under part 7512.0300.

D. The application must be accompanied by a completed tax information form required by the commissioner of revenue under Minnesota Statutes, section 270C.72.

E. The application must be accompanied by a certificate fee of $75.

F. The application must contain or be accompanied by other information requested by the commissioner as necessary to determine whether the applicant meets the requirements for a journeyman of parts 7512.1700 to 7512.2000 and Minnesota Statutes, chapter 299M.

G. The applicant shall sign the application, verifying that the information in the application is true.

Subp. 3. Issuing certificate.

Except as provided in subparts 4 and 5, the commissioner shall use the provisions of this subpart to determine whether to issue a journeyman sprinkler fitter certificate and card. The commissioner shall issue a journeyman certificate and card to an applicant, unless there is a reason to refuse to issue. The commissioner shall refuse to issue for the following reasons:

A. The application or items filed with the application do not meet the requirements of subpart 2.

B. The applicant has not passed the journeyman sprinkler fitter examination and the applicant is not exempt under part 7512.0300 from the requirement to pass the examination.

C. The applicant is currently under revocation or suspension.

D. The commissioner of revenue notifies the commissioner of public safety under Minnesota Statutes, section 270C.72, that the applicant owes the state delinquent taxes, penalties, or interest.

E. The applicant does not meet the requirements for a journeyman set out in parts 7512.1700 to 7512.2000 and Minnesota Statutes, chapter 299M.

Subp. 4. Limited certificate.

The commissioner shall issue a limited journeyman sprinkler fitter certificate and card to an applicant who is certified as competent to perform fire protection-related work by a licensed fire protection contractor who is the applicant's employer. To obtain a limited journeyman certificate, the applicant shall submit to the commissioner an application for a journeyman certificate. In addition to the information and items required by subpart 2, the application must contain the employer's certification that the applicant is competent to perform fire protection-related work, the types of fire protection-related work that the applicant is competent to perform, and documentation of the applicant's training and experience showing that the applicant is competent to perform the listed types of fire protection-related work. The application does not need to contain documentation that the applicant has passed the journeyman examination. A journeyman with a limited certificate is limited to working on premises or that part of premises actually occupied by the journeyman's employer and owned by the employer or leased by the employer for a period of at least one year. A journeyman with a limited certificate is limited to working in areas of competence, as certified and documented by the journeyman's employer. A journeyman with a limited certificate may not perform fire protection-related work unless the journeyman is under the supervision of the employer's managing employee. The commissioner shall indicate the work limitations on the journeyman certificate and card.

Subp. 5. Conditional certificate.

The commissioner shall issue a conditional journeyman sprinkler fitter certificate and card to an applicant who meets all the qualifications to take the journeyman sprinkler fitter examination, but who has not yet passed the examination. To obtain a conditional journeyman certificate, an applicant shall submit to the commissioner an application for a journeyman certificate and an application to take the journeyman examination. A journeyman with a conditional certificate may not perform fire protection-related work unless the journeyman is under the direct supervision of a journeyman who holds an unconditional and unlimited certificate. The commissioner shall indicate the condition on the journeyman certificate and card. A journeyman with a conditional certificate may work under the conditional certificate for a maximum period of six months, after which the person shall either pass the journeyman examination or discontinue performing fire protection-related work. A person who has obtained a conditional certificate may not obtain another conditional certificate for at least three years after the previous conditional certificate was issued.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2005 c 151 art 1 s 116

Minn. R. 7512.1900 Journeyman Sprinkler Fitter Certificate Renewal

Subpart 1. Certificate expiration date.

A journeyman sprinkler fitter certificate expires at midnight on June 30 of each year. A certificate is valid upon renewal until the following June 30.

Subp. 2. Renewal application.

A renewal application for a journeyman certificate must be on a form provided or approved by the commissioner and must contain the following information:

A. The application must contain the journeyman's name and journeyman number.

B. The application must list any changes to the journeyman's address, telephone number, and driver's license number.

C. The application must be accompanied by documentation showing that the journeyman has met the continuing education requirements of subpart 5.

D. The application must be accompanied by a certificate renewal fee of $75. If the application is submitted on or after June 1, the application must also be accompanied by a late fee of $50.

E. The application must contain or be accompanied by other information requested by the commissioner as necessary to determine whether the applicant meets the requirements for a journeyman of parts 7512.1700 to 7512.2000 and Minnesota Statutes, chapter 299M.

F. The applicant shall sign the application, verifying that the information on the application is true.

Subp. 3. Reasons to refuse renewal.

To renew a journeyman certificate, the journeyman shall submit a completed certificate renewal application to the commissioner. The commissioner shall accept a renewal application at any time on or before June 30. A person may not perform fire protection-related work after the certificate expires and before a renewal certificate is issued. The commissioner shall renew the certificate, unless there is a reason to refuse to renew. The commissioner shall refuse to renew for any of the following reasons:

A. The application does not meet the requirements of subpart 2.

B. The applicant has not met the continuing education requirements of subpart 5.

C. The applicant obtained an initial certificate without passing an examination and the examination exemption period has expired without the applicant having passed the examination.

D. The applicant is currently under revocation or suspension.

E. The commissioner of revenue notifies the commissioner of public safety under Minnesota Statutes, section 270C.72, that the applicant owes the state delinquent taxes, penalties, or interest.

Subp. 4. Application after lapse.

Within one year after a journeyman certificate has expired, a former journeyman may obtain another certificate by following the renewal procedures of this part. A journeyman whose certificate has been expired for more than one year shall comply with all requirements and procedures of parts 7512.1700 and 7512.1800 in order to obtain another certificate. A person may not perform fire protection-related work after the expiration of a certificate and before another certificate is issued.

Subp. 5. Continuing education.

During each licensing year, a journeyman shall attend ten hours of continuing education courses on the performance of fire protection-related work and on laws and rules governing the performance of fire protection-related work.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2005 c 151 art 1 s 116

Minn. R. 7512.2000 Journeyman Work Requirements

Subpart 1. Competence.

A journeyman sprinkler fitter must be competent to perform fire protection-related work.

Subp. 2. Card.

A journeyman sprinkler fitter shall carry the journeyman sprinkler fitter card and a picture identification while working as a journeyman. The journeyman shall make both the journeyman card and the picture identification available upon request by the commissioner or an authority having jurisdiction. The journeyman card is not transferable.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.2100 Apprentice Sprinkler Fitter Registration

Subpart 1. Registration required.

An apprentice sprinkler fitter shall register with the commissioner before performing fire protection-related work.

Subp. 2. Application for registration.

An initial application for an apprentice sprinkler fitter registration must be on a form provided or approved by the commissioner and must meet the following requirements:

A. The application must contain the full name, address, telephone number, date of birth, and driver's license number of the applicant. If the applicant does not have a driver's license, the application must contain the identification card number. If the applicant's driver's license or identification card was issued by another state or country, the application must list the name of the state or country.

B. The application must be accompanied by documentation that the applicant is in a sprinkler fitter program where the applicant is regularly engaged in learning the trade under the direct supervision of a licensed fire protection contractor or journeyman sprinkler fitter.

C. The application must be accompanied by documentation that the applicant is registered with a state or federal approval agency.

D. The application must be accompanied by a completed tax information form required by the commissioner of revenue under Minnesota Statutes, section 270C.72.

E. The application must be accompanied by a registration fee of $15.

F. The application must contain or be accompanied by other information requested by the commissioner as necessary to determine whether the applicant meets the requirements for an apprentice of parts 7512.2100 to 7512.2300 and Minnesota Statutes, chapter 299M.

G. The applicant shall sign the application, verifying that the information in the application is true.

Subp. 3. Issuing registration.

The commissioner shall issue an apprentice sprinkler fitter registration and card to an applicant, unless there is a reason to refuse to issue. The commissioner shall refuse to issue for the following reasons:

A. The application or items filed with the application do not meet the requirements of subpart 2.

B. The applicant is not regularly engaged in learning the trade under the direct supervision of a licensed fire protection contractor or journeyman sprinkler fitter.

C. The applicant is not registered with a state or federal approval agency.

D. The applicant is currently under revocation or suspension.

E. The commissioner of revenue notifies the commissioner of public safety under Minnesota Statutes, section 270C.72, that the applicant owes the state delinquent taxes, penalties, or interest.

F. The applicant does not meet the requirements for an apprentice set forth in parts 7512.2100 to 7512.2300 and Minnesota Statutes, chapter 299M.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2005 c 151 art 1 s 116

Minn. R. 7512.2200 Registration Renewal

Subpart 1. Registration expiration date.

An apprentice sprinkler fitter registration expires at midnight on June 30 of each year. A registration is valid upon renewal until the following June 30.

Subp. 2. Renewal application.

A renewal application for an apprentice registration must be on a form provided or approved by the commissioner and must contain the following information:

A. The application must contain the apprentice's name and apprentice number.

B. The application must list any changes to the apprentice's address, telephone number, and driver's license number.

C. The application must be accompanied by documentation of progress in the apprentice's sprinkler fitter program.

D. The application must be accompanied by a registration renewal fee of $15. If the application is submitted on or after June 1, the application must also be accompanied by a late fee of $15.

E. The application must contain or be accompanied by other information requested by the commissioner as necessary to determine whether the applicant meets the requirements for an apprentice of parts 7512.2100 to 7512.2300 and Minnesota Statutes, chapter 299M.

F. The applicant shall sign the application, verifying that the information on the application is true.

Subp. 3. Reasons to refuse renewal.

To renew an apprentice registration, the apprentice shall submit a completed registration renewal application to the commissioner. The commissioner shall accept a renewal application at any time on or before June 30. A person may not perform fire protection-related work after the registration expires and before a renewal registration is issued. The commissioner shall renew the registration, unless there is a reason to refuse to renew. The commissioner shall refuse to renew for any of the following reasons:

A. The application does not meet the requirements of subpart 2.

B. The applicant fails to make satisfactory progress in the applicant's sprinkler fitter program.

C. The applicant is currently under revocation or suspension.

D. The commissioner of revenue notifies the commissioner of public safety under Minnesota Statutes, section 270C.72, that the applicant owes the state delinquent taxes, penalties, or interest.

Subp. 4. Application after lapse.

Within one year after an apprentice registration has expired, a former apprentice may obtain another registration by following the renewal procedures of this part. An apprentice whose registration has been expired for more than one year shall comply with all requirements and procedures of part 7512.2100 in order to obtain another registration. A person may not perform fire protection-related work after the registration expires and before another registration is issued.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870; L 2005 c 151 art 1 s 116

Minn. R. 7512.2300 Apprentice Work Requirements

Subpart 1. Active in approved program.

An apprentice shall annually make satisfactory progress in the apprentice's sprinkler fitter program.

Subp. 2. Card.

An apprentice sprinkler fitter shall carry an apprentice sprinkler fitter card and a picture identification while working as an apprentice. An apprentice shall make both the apprentice card and the picture identification available upon request by the commissioner or an authority having jurisdiction. The apprentice card is not transferable.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.2400 Examinations

Subpart 1. Examination specifications.

An examination must test for knowledge of the statutes and rules regulating the managing employee or journeyman and for the knowledge and ability to perform fire protection-related work in a competent, lawful, and safe manner.

Subp. 2. Examination administration.

The commissioner shall develop and administer the examination. The commissioner may contract with a professional examination service to develop and administer the examination.

Subp. 3. Examination application.

A completed examination application must include a nonrefundable examination fee.

Subp. 4. Retesting.

An examinee who fails an examination one time may not repeat the examination for 60 days from the date of the failed examination. An examinee who fails the examination more than once may not repeat the examination for 180 days from the date of the failed examination.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.2500 Acts Attributed to Contractor

The commissioner shall revoke or suspend the fire protection contractor license of a partnership, corporation, or limited liability company if an owner, officer, board member, or managing employee acts or fails to act as would be cause to revoke or suspend the license of that person as an individual.

A contractor is responsible for an act of a person while that person is acting as an employee of the contractor, if the contractor authorizes or ratifies the act or if the contractor retains the benefits of the act after actual knowledge of the act.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.2600 Revocation

Subpart 1. Grounds for revocation.

The commissioner shall revoke a contractor license, managing employee certificate, journeyman certificate, or apprentice registration when the person holding the license, certificate, or registration has committed an act or has failed to perform a duty that constitutes grounds for revocation, which include the following:

A. The person knowingly or negligently performs fire protection-related work in a manner that would result in an immediate threat to life if a fire were to occur.

B. The person commits an act or fails to perform a duty that is grounds for suspension under part 7512.2700 and there are three suspensions on the person's record within the past five years.

C. The person submits a fraudulent application.

D. The person is convicted of a felony or gross misdemeanor related to the business of fire protection systems.

E. The person performs fire protection-related work during a suspension imposed under part 7512.2700.

Subp. 2. Additional grounds for contractor license revocation.

In addition to those grounds listed in subpart 1, grounds for revocation of a fire protection contractor license include the following:

A. The contractor performs fire protection-related work during a period of time when the contractor's insurance or bond fails to meet the requirements of part 7512.1000.

B. The certificate of the managing employee of the contractor is revoked.

Subp. 3. Additional grounds for managing employee certificate revocation.

In addition to those grounds listed in subpart 1, grounds for revocation of a managing employee certificate include: The license of the contractor of the managing employee is revoked.

Subp. 4. Revocation period and effect.

A contractor license, managing employee certificate, journeyman certificate, or apprentice registration is not valid after it is revoked. A person may not perform fire protection-related work during a revocation. An owner, officer, board member, or managing employee of a revoked contractor may not be an owner, officer, board member, or managing employee of another contractor during a revocation. When a license, certificate, or registration is revoked, the person holding the license, certificate, or registration shall immediately surrender it. The length of revocation is as follows:

A. The commissioner shall use this item to determine the length of revocation if the revocation is based solely or in part on a conviction of crime or crimes as defined in Minnesota Statutes, section 364.02, subdivision 5. The revocation lasts until competent evidence is presented to the commissioner that the person convicted has been sufficiently rehabilitated under the criteria of Minnesota Statutes, section 364.03, subdivision 3.

B. If the length of revocation is not determined under item A, the length of revocation is one year.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.2700 Suspension

Subpart 1. Grounds for suspension.

The commissioner shall suspend a contractor license, managing employee certificate, journeyman certificate, or apprentice registration when the person holding the license, certificate, or registration has committed an act or has failed to perform a duty that constitutes grounds for suspension. Grounds for suspension include the following:

A. The person willfully violates a provision of this chapter or Minnesota Statutes, chapter 299M, that is not specifically set out in part 7512.2600.

B. The person willfully violates or refuses to comply with a lawful request or order of the commissioner.

C. The person is convicted of a misdemeanor related to the business of fire protection systems.

Subp. 2. Additional grounds for contractor license suspension.

In addition to those grounds listed in subpart 1, grounds for suspension of a fire protection contractor license include the following:

A. The certificate of the managing employee of the contractor is suspended.

B. The contractor adds an owner, officer, board member, or managing employee who would be ineligible to hold a contractor license as an individual. This provision does not constitute grounds for suspension if the contractor acted without knowledge of the person's ineligibility and if the contractor removes the person before the date scheduled for the hearing on the suspension.

C. The contractor fails to pay the commissioner a surcharge fee due from the contractor within ten days after the notice that a surcharge fee is required to be paid.

Subp. 3. Additional grounds for managing employee certificate suspension.

In addition to those grounds listed in subpart 1, grounds for suspension of a managing employee certificate include: The license of the contractor of the managing employee is suspended.

Subp. 4. Description of willfully.

For purposes of this part, the term "willfully":

A. describes an intentional act or omission by a person when the person knows or should reasonably know that the act or omission violates a law, rule, request, or order and the person is able to comply with the law, rule, request, or order; and

B. also describes an act or omission by a person, whether intentional or unintentional, when:

Subp. 5. Suspension period and effect.

A contractor license, managing employee certificate, journeyman certificate, or apprentice registration is not valid during a suspension. A person may not perform fire protection-related work during a suspension. When a license, certificate, or registration is suspended, the person holding the license, certificate, or registration shall immediately surrender it. After a suspension period ends, the commissioner shall return the license, certificate, or registration. A suspension period ends after the last day of the period regardless of whether this day falls on a Saturday, Sunday, or legal holiday. The suspension period is as follows:

A. The suspension period is seven days, if there are no suspensions on the person's record within the past five years. This suspension period may be shortened if there are mitigating circumstances that indicate a shorter suspension period is appropriate. The suspension period must be at least three days.

B. The suspension period is 14 days, if there is one suspension on the person's record within the past five years. This suspension period may be shortened if there are mitigating circumstances that indicate a shorter suspension period is appropriate. The suspension period must be at least seven days.

C. The suspension period is 28 days, if there are two suspensions on the person's record within the past five years. This suspension period may be shortened if there are mitigating circumstances that indicate a shorter suspension period is appropriate. The suspension period must be at least 14 days.

D. When a suspension period is shortened based on mitigating circumstances, the commissioner shall in writing identify the mitigating circumstances and give the reasons for shortening the suspension period.

E. The suspension of a contractor, in addition to being on the record of the suspended contractor, is also on the record of another contractor if an owner, officer, board member, or managing employee of the other contractor was an owner, officer, board member, or managing employee of the suspended contractor at the time of the acts leading to the suspension.

F. When a suspension is imposed for a continuing violation, the suspension must last until the suspension period determined under items A to E expires or until the violation is corrected, whichever is later.

Subp. 6. Hearing.

A person against whom the commissioner takes disciplinary action is entitled to a hearing pursuant to Minnesota Statutes before disciplinary action is imposed. A person aggrieved by the commissioner's action may request a hearing before the commissioner. Minnesota Statutes, sections 14.57 to 14.69, apply to the hearing and to any subsequent proceedings.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Minn. R. 7512.2750 Civil Penalty

Subpart 1. Proceeding against contractor, manager, journeyman; good cause.

When the commissioner has good cause to believe a fire protection contractor, managing employee, or journeyman is engaging or has engaged in conduct that violates Minnesota Statutes, chapter 299M, or a rule adopted under Minnesota Statutes, section 299M.04, the commissioner, in place of or in addition to licensing sanctions allowed under that chapter 299M or any rule adopted under that section 299M.04, shall impose a civil penalty upon the fire protection contractor, managing employee, or journeyman.

Subp. 1a. Definition of good cause to believe.

For purposes of this part, "good cause to believe" means grounds put forth in good faith that are not arbitrary, irrational, unreasonable, or irrelevant and that are based on at least one of the following sources:

A. written information from an identified person;

B. facts supplied by a contractor, managing employee, journeyman sprinkler fitter, or municipality;

C. facts of which the commissioner, or an agent of the commissioner, has personal knowledge; or

D. information obtained by the department during an inspection.

Subp. 2. Maximum penalty.

Penalties imposed must not be greater than $1,000 for each violation of Minnesota Statutes, chapter 299M, or rule adopted under Minnesota Statutes, section 299M.04, for each day of violation.

Subp. 3. Assessment factors.

When determining the amount of penalty to be assessed, the commissioner shall consider:

A. those factors listed in Minnesota Statutes, section 14.045, subdivision 3, paragraph (a);

B. the following factors:

C. for a second or succeeding violation, the factors listed in items A and B and listed in Minnesota Statutes, section 14.045, subdivision 3, paragraph (b).

Subp. 4. Notice of civil penalty.

The commissioner shall issue a notice of civil penalty when the commissioner has good cause to believe a violation of Minnesota Statutes, chapter 299M, or any rule adopted under Minnesota Statutes, section 299M.04, has occurred.

A. The contents of a notice of civil penalty must include:

B. The subject of the penalty shall respond to the notice within 15 days. The subject may select one or more of the following options for response:

C. The commissioner shall review any written explanations, information, or other materials that are submitted in response to a notice of civil penalty. The commissioner shall determine whether to enforce, negotiate, modify, or withdraw the notice or to initiate a hearing under Minnesota Statutes, sections 14.57 to 14.69.

Subp. 5. Payment procedure.

The subject of the civil penalty shall pay the penalty that has been assessed and proposed, or compromised, by submitting to the commissioner a check or money order in the correct amount, payable to the commissioner of public safety, to be deposited in the state treasury and credited to the general fund.

Subp. 6. Other enforcement provisions.

Unless the commissioner determines that other enforcement provisions are unnecessary or inapplicable to the particular violation at issue, neither payment of the civil penalty nor negotiation, modification, or withdrawal of the notice of civil penalty prohibits:

A. the commissioner from pursuing other enforcement provisions provided for in Minnesota Statutes, chapter 299M, and rules adopted under Minnesota Statutes, section 299M.04; or

B. the subject of the civil penalty from abiding by the terms of other enforcement provisions.

Subp. 7. Hearings.

A penalty imposed under Minnesota Statutes, section 299M.04, is subject to the contested case and judicial review provisions of Minnesota Statutes, chapter 14.

History

• Statutory Authority: MS s 299M.04
• History: 24 SR 1780

Minn. R. 7512.2770 Cease and Desist Order

Subpart 1. Cease and desist order; immediate risk.

The commissioner shall issue an order to cease and desist an activity that violates Minnesota Statutes, chapter 299M, or any rule adopted under Minnesota Statutes, section 299M.04, and is considered to be an immediate risk to public health or public safety. Generally, a cease and desist order under this part is appropriate if an individual or group is in danger of specific harmful consequences in the immediate future if an action or activity goes unchecked.

Subp. 2. Contents of order.

An order to cease and desist an activity must be in writing and include the following:

A. the reasons for issuing the order and a statement of the evidence compiled;

B. the statute, rule, variance, order, or term or condition of a permit that was violated, if any;

C. the length of time the order is effective; and

D. notice that a contested case hearing will be held within seven working days.

Subp. 3. Maximum length of order.

An order issued under this part is valid for no longer than 20 working days.

Subp. 4. Public notice.

The commissioner, in conjunction with a cease and desist order, may physically tag each violation. This public notice must contain the information required for an order under subpart 2, items A to C.

Subp. 5. Administrative hearings.

The commissioner shall initiate proceedings for a contested case hearing according to Minnesota Statutes, sections 14.57 to 14.69, of the Minnesota Administrative Procedure Act, and items A to C:

A. An administrative hearing must be held within seven working days of issuing the cease and desist order.

B. The administrative law judge shall issue an order to vacate, modify, or make permanent a cease and desist order within five working days of the administrative hearing.

C. If the person to whom the order is issued fails to appear at a hearing after notice of the hearing, the party is in default and the cease and desist order becomes permanent.

Subp. 6. Noncompliance.

In the event of noncompliance with a cease and desist order, in addition to licensing sanctions allowed under Minnesota Statutes, chapter 299M, or any rule adopted under Minnesota Statutes, section 299M.04, the commissioner shall assess a civil penalty as set forth in part 7512.2750 and Minnesota Statutes, section 299M.04.

Subp. 7. Other enforcement.

Issuance of a cease and desist order does not preclude the commissioner from pursuing other enforcement actions available to the commissioner.

Subp. 8. Elimination of immediate risk.

The commissioner shall vacate the cease and desist order when the person proves that the immediate risk to public health or public safety has been eliminated.

Subp. 9. Determination that no immediate risk remains.

When the person asserts that the situation has been resolved so that no immediate risk remains, the commissioner shall verify that assertion according to items A to D:

A. review all information related to the issuance of the order to determine if violations have been corrected and there is no longer an immediate risk;

B. as may be reasonable under the facts of the case, verify with a site visit, reinspection, examination of documentation, or other means;

C. on determining that the situation has been corrected so that no immediate risk remains, notify the person within 36 hours and lift the cease and desist order; and

D. document a determination that the situation has been corrected in case further infractions, incidents, or situations occur involving the person at issue.

History

• Statutory Authority: MS s 299M.04
• History: 24 SR 1780

Minn. R. 7512.2800 Municipal Permit Program

Subpart 1. Permits required by ordinance.

A municipality, through local ordinance, may require a permit to perform fire protection-related work. The municipality shall submit to the commissioner a copy of ordinances pertaining to fire protection system permits. For ordinances adopted before June 1, 1994, a copy must be submitted by July 1, 1994. For ordinances adopted on or after June 1, 1994, a copy must be submitted within 30 days of the date of adoption of the ordinance. The submittal must include documentation of training for the persons who will conduct the plan reviews and inspections.

Subp. 2. Plan review and inspection program.

When a municipality issues a permit, the municipality shall provide a competent plan review conducted by a person trained in fire protection system plan review. The municipality shall also provide a competent inspection conducted by a person trained in fire protection system inspection. The municipality shall document the permit program and make it available to the commissioner for review.

Subp. 3. Municipal reporting.

At least once a year, a municipality issuing permits shall submit a report to the commissioner indicating all permits that have been issued by the municipality for fire protection systems. This report must include the name, address, type of fire protection system installed, contractor license number, and occupancy type of the structure for which the permit was issued.

History

• Statutory Authority: MS s 299M.04
• History: 18 SR 1870

Chapter 7513 HAZARDOUS SUBSTANCE NOTIFICATION

Minn. R. 7513.0100 Form

The hazardous substance notification report form, as required by Minnesota Statutes, section 299F.094, is the "Tier One - Emergency and Hazardous Chemical Inventory" form used by the state under the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, title III, section 312.

History

• Statutory Authority: MS s 299F.094
• History: 14 SR 1132

Minn. R. 7513.0200 Example: Hazardous Substance Notification Report Form

History

• Statutory Authority: MS s 299F.094
• History: 14 SR 1132

Minn. R. 7513.0300 Alternative

A facility may submit a Tier Two form, "Emergency and Hazardous Chemical Inventory," under the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, title III, section 312, instead of the Tier One Form.

History

• Statutory Authority: MS s 299F.094
• History: 14 SR 1132

Chapter 7514 HAZARDOUS MATERIALS INCIDENT RESPONSE

Minn. R. 7514.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Activated by the state.

"Activated by the state" means dispatched via the Minnesota duty officer system for purposes of emergency response or authorized in writing by the commissioner in advance of training exercises.

Subp. 3. Chemical assessment team.

"Chemical assessment team" has the meaning given it in Minnesota Statutes, section 299A.49, subdivision 2.

Subp. 4. Commissioner.

"Commissioner" means the Commissioner of the Minnesota Department of Public Safety acting directly or through an authorized agent.

Subp. 5. Deployment time.

"Deployment time" means the period of time beginning when the decision is made to dispatch a team and ending at the time the complete team begins its response to the scene of the incident.

Subp. 6. Emergency response team.

"Emergency response team" means a regional hazardous materials response team, as defined in Minnesota Statutes, section 299A.49, subdivision 7.

Subp. 7. Employer.

"Employer" has the meaning given it in Minnesota Statutes, section 182.651, subdivision 7.

Subp. 8. Facility.

Facility" has the meaning given it in Minnesota Statutes, section 115E.01.

Subp. 9. Local authority.

"Local authority" means the local unit of government's public safety agency in overall command at the scene of a hazardous materials incident.

Subp. 10. Minnesota duty officer system.

"Minnesota duty officer system" means the single answering point system established under Minnesota Statutes, section 115E.09.

Subp. 11. Minnesota emergency operations plan.

"Minnesota emergency operations plan" means the document that guides state agencies in their response to emergencies and disasters, in accordance with their general responsibilities as assigned in Governor's Executive Order 93-27, and any subsequent revisions to that order.

Subp. 12. Minnesota incident management system.

"Minnesota incident management system" means a combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure with responsibility for management of assigned resources to effectively accomplish stated objectives at the scene of an incident.

Subp. 13. Mitigation.

"Mitigation" means those actions necessary to alleviate the immediate threat from a hazardous materials release.

Subp. 14. Operations authorized by the state.

"Operations authorized by the state" means activities listed in this chapter and the "Minnesota Hazardous Materials Incident Response Act," Minnesota Statutes, sections 299A.48 to 299A.52, and suggested operating guidelines, including authorized training exercises when a team is operating outside its geographic jurisdiction.

Subp. 15. Primary response area.

"Primary response area" means the geographic portion of the state to which a team has been assigned to provide the principal response to an incident.

Subp. 16. Regional response team program.

"Regional response team program" means the system of regionally located hazardous materials emergency response teams and hazardous materials chemical assessment teams.

Subp. 17. Regional team.

"Regional team" means an emergency response team or chemical assessment team that is part of the regional response team program as defined in subpart 16.

Subp. 18. Response area.

"Response area" means primary or secondary response area as defined in subpart 15 or 21.

Subp. 19. Response time.

"Response time" means the period of time beginning when the decision is made to dispatch a team and ending when the complete team arrives at the scene of the incident.

Subp. 20. Responsible person.

"Responsible person" has the meaning given it in Minnesota Statutes, section 299A.52, subdivision 1.

Subp. 21. Secondary response area.

"Secondary response area" means the geographic portion of the state to which a team has been assigned to provide the alternate response to an incident.

Subp. 22. Suggested operating guidelines.

"Suggested operating guidelines" means the written guidance covering those aspects of an emergency response that lend themselves to a general direction, yet require flexibility in their application so as to meet the unique circumstances of each individual emergency.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.0200 Purpose

The purpose of parts 7514.0100 to 7514.2000 is to implement a statewide plan and system for responding to hazardous materials incidents.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.0300 Scope

Parts 7514.0100 to 7514.2000 are intended to provide direction to state and local government and business and industry regarding the implementation of a statewide system of regional hazardous materials emergency response teams and hazardous materials chemical assessment teams. Provisions of this chapter include, but are not limited to, factors to be considered in establishing the response area locations of hazardous materials emergency response teams and hazardous materials chemical assessment teams; requirements for designating teams in each established response area; number and qualifications of team members; procedures for establishing equipment requirements for each team; procedures for selecting and contracting for establishing teams; procedures for dispatching teams at the request of local governments; categories of costs to be used to establish fee schedules for reimbursing teams for costs arising from hazardous materials emergencies and for state recovery of response costs from the person responsible for causing a hazardous materials emergency; and methods of coordinating team response with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, and other nonpublic persons.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.0400 Authority

This chapter is adopted pursuant to Minnesota Statutes, section 299A.50, subdivision 1.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.0500 Team Response Areas

Subpart 1. Establishing response areas.

The commissioner shall establish up to five response areas for hazardous materials emergency response based on the factors identified in subpart 2.

Subp. 2. Factors for establishing response areas.

The commissioner shall consider the following factors in establishing response areas:

A. the number and geographic location of fixed facilities that manufacture, use, or store hazardous materials, the accidental release of which may pose a threat to public safety or the environment;

B. the number of miles of primary transportation routes including highways, rail lines, commercially navigable waterways, pipelines, and airports;

C. the population of each county as reported by the most recently available United States Census Bureau information;

D. any special conditions that may be present in a given area of the state, and the need for specialized equipment unique to those conditions that might impact emergency response capability; and

E. other factors the commissioner considers appropriate, to the extent they may contribute to the potential for a hazardous materials release that could threaten the public safety or the environment and thus merit an emergency response.

Subp. 3. Maximum acceptable response time.

After considering the factors listed in subpart 2, items A to E, the commissioner shall establish a maximum acceptable response time for 90 percent of each primary response area when a team is responding in the primary response area under favorable weather conditions.

Subp. 4. Assigning primary response areas.

Following completion of the team selection process identified in part 7514.1500, the commissioner shall select a primary emergency response team for each primary response area.

Subp. 5. Serving as chemical assessment team.

Each emergency response team shall also serve as a chemical assessment team for all or a portion of its primary response area, as assigned by the commissioner.

Subp. 6. Designating additional chemical assessment teams.

The commissioner may select additional chemical assessment teams for a response area, as necessary to provide appropriate emergency response capability, in keeping with maximum acceptable response time considerations.

Subp. 7. Assigning secondary response areas.

The commissioner shall assign a secondary response area to each emergency response team and each chemical assessment team. A team may have more than one secondary response area.

Subp. 8. Reviewing response area designations.

At least once every two years from August 29, 1994, the commissioner shall review response area boundaries and primary and secondary response area designations. Following the review, the commissioner shall adjust response area boundaries and primary and secondary response area designations as necessary to ensure that the most appropriate response is provided statewide.

Subp. 9. Statewide response.

An emergency response team or chemical assessment team shall respond to any response area in the state when directed to do so by the commissioner.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.0600 Qualifications of Team Members

Subpart 1. Qualifications of all members.

Each emergency response team member and chemical assessment team member must be in compliance with the requirements of Code of Federal Regulations, title 29, section 1910.120, and in substantial compliance with NFPA 472, "Standard for Professional Competence of Responders to Hazardous Materials Incidents," published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts (1992). NFPA 472 is incorporated by reference, is located at the State Law Library, is conveniently available to the public, and is not subject to frequent change.

Subp. 2. Medical support team member.

Emergency response team members assigned to provide on-scene emergency medical support to the team must be in compliance with the requirements of Code of Federal Regulations, title 29, section 1910.120, and in substantial compliance with NFPA 473, "Standard for Professional Competencies for EMS Personnel Responding to Hazardous Materials Incidents," published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts (1992), as an Emergency Medical Service/Hazardous Materials Level II Responder. NFPA 473 is incorporated by reference, is located at the State Law Library, is conveniently available to the public, and is not subject to frequent change.

Subp. 3. Continuing education requirements.

Each emergency response team member and chemical assessment team member shall successfully complete annual refresher training that meets or exceeds the continuing education requirements of Code of Federal Regulations, title 29, section 1910.120.

Subp. 4. Team training.

Each emergency response team member and chemical assessment team member shall successfully complete the course of instruction designed to familiarize each team member with the suggested operating guidelines and other administrative and operational policies and procedures of the regional response team program identified in part 7514.0700, subpart 2. A team member must complete this training before being assigned to duty as an emergency response team member or chemical assessment team member.

Subp. 5. Reviewing training and continuing education records.

Upon request by the commissioner, the employer of emergency response team members and chemical assessment team members shall make available the hazardous materials training and continuing education records of all team members.

Subp. 6. Certifying compliance with qualification requirements.

The employer of each emergency response team member and chemical assessment team member shall annually certify to the commissioner that the team member has received training that meets the requirements set out in subparts 1 to 4.

Subp. 7. Certifying compliance with medical requirements.

The employer of each emergency response team member and chemical assessment team member shall annually certify to the commissioner that the team member has met the medical requirements of Code of Federal Regulations, title 29, section 1910.120.

Subp. 8. Substitution of training requirements.

Upon the request of the employer of emergency response team members and chemical assessment team members, the commissioner shall waive a training requirement specified in this part and replace it with a requirement or standard issued by the Occupational Safety and Health Administration or the National Fire Protection Association when the new requirement or standard replaces, meets, or exceeds the requirement to be replaced.

Subp. 9. Reviewing training requirements.

At least once every two years from August 29, 1994, the commissioner shall review the most current Occupational Safety and Health Administration and National Fire Protection Association hazardous materials training requirements and standards. The commissioner shall inform the employer of any modifications from previous requirements and standards to ensure that training provided to team members meets the most current requirements and standards.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.0700 Training Programs

Subpart 1. Training provided by employer.

The employer of emergency response team members and chemical assessment team members shall select training programs and instructional staff that are in compliance with the requirements of this chapter and shall provide that training to team members.

Subp. 2. Training provided by commissioner.

The commissioner shall develop and provide each emergency response team and chemical assessment team with a course of instruction in applying the suggested operating guidelines of the regional response team program developed under part 7514.1000, subpart 1, and other administrative and operational policies and procedures of the regional response team program.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.0800 Composition of Teams

Subpart 1. Composition of emergency response team.

Except as permitted under subpart 2, a hazardous materials emergency response team must be composed of at least 30 qualified members. Twelve members of the team must be available for response at all times. Nine of the 12 members must be available as an emergency response team. Three of the 12 members must be available as a chemical assessment team.

Subp. 2. Waiver of minimum composition.

The commissioner shall permit an emergency response team to be composed of fewer than 30 qualified members when the team's employer can prove to the commissioner's satisfaction that 12 members of the team will be available for response at all times.

Subp. 3. Composition of chemical assessment team.

Except as permitted under subpart 4, a team designated solely as a chemical assessment team must be composed of at least nine qualified members. Three members of the team must be available for response at all times.

Subp. 4. Waiver of minimum composition.

The commissioner shall permit a chemical assessment team to be composed of fewer than nine qualified members when the team's employer can prove to the commissioner's satisfaction that three members of the team will be available for response at all times.

Subp. 5. Training required to respond as emergency response team.

The nine members of an emergency response team available to respond as an emergency response team must have the levels of training certification described in items A to C:

A. At least four members must be certified by the employer at the highest level of hazardous materials training as defined by Code of Federal Regulations, title 29, section 1910.120.

B. The member assigned to provide emergency medical support to the team must be certified by the employer at a minimum of the operations level as defined by Code of Federal Regulations, title 29, section 1910.120, and currently certified or registered as an emergency medical technician by the commissioner of the Minnesota Department of Health, in compliance with Minnesota Statutes, sections 144E.001 to 144E.25 and 144E.30, and rules adopted pursuant to those sections.

C. The remaining members must be certified by the employer at a minimum of the technician level as defined by Code of Federal Regulations, title 29, section 1910.120.

Subp. 6. Training required to respond as chemical assessment team.

The three members of a chemical assessment team, or of an emergency response team available for response as a chemical assessment team must have the levels of training certification described in items A and B:

A. At least one member must be certified by the employer at the highest level of hazardous materials training as defined by Code of Federal Regulations, title 29, section 1910.120.

B. The remaining members must be certified by the employer at a minimum of the technician level as defined by Code of Federal Regulations, title 29, section 1910.120.

Subp. 7. Composition of team membership.

Emergency response teams and chemical assessment teams may be composed of personnel from one or more public or nonpublic entities. Teams must designate a single point of contact for purposes of emergency dispatch, a single authority for contract administration, and the employer responsible for the employer requirements of this chapter.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450; L 1997 c 199 s 14

Minn. R. 7514.0900 Responsibilities of Teams

Subpart 1. Response at commissioner's direction.

An emergency response team and a chemical assessment team shall respond when directed by the commissioner to do so.

Subp. 2. Primary responsibilities of emergency response team.

As its primary responsibility, an emergency response team shall assist local authorities by taking emergency actions necessary to protect life, property, and the environment from the effects of a release of a hazardous material. These emergency actions include, but are not limited to, preventing the release, mitigating the effects of the release, and stabilizing the emergency situation.

Subp. 3. Primary responsibilities of chemical assessment team.

As its primary responsibility, a chemical assessment team shall assist local authorities by providing technical advice to local incident commanders, and recommending mitigation actions necessary to protect life, property, and the environment that are in keeping with locally available levels of hazardous materials training and response capability.

Subp. 4. Additional responsibilities of chemical assessment teams.

A chemical assessment team shall assist an emergency response team by responding, in conjunction with the emergency response team, to assess an incident, develop and recommend mitigation strategies, and assist with response operations.

Subp. 5. Support of clean-up operations.

Subject to subpart 6, item A, and when requested by the incident commander, an emergency response team and a chemical assessment team may remain at the scene of a hazardous materials incident to provide support to local authorities monitoring clean-up activities conducted by local, state, or federal agencies or the responsible person, for the purpose of ensuring public safety. The team leader will decide whether the team will remain. A team is not obligated to remain. If a team does remain, its costs are recoverable costs.

Subp. 6. Prohibited actions.

An emergency response team and a chemical assessment team shall not:

A. transport, store, dispose of, or perform remedial clean-up of hazardous materials, except as may be incidentally necessary to mitigate an emergency;

B. assume overall command of the hazardous materials emergency; or

C. mitigate incidents involving explosives, explosive devices, incendiary devices, shock-sensitive explosive chemicals, or clandestine drug labs, except to respond to the effects of a hazardous materials release that might occur as a consequence of these incidents or to provide technical assistance in support of the local authority.

Subp. 7. Reporting and documentation.

An emergency response team and a chemical assessment team shall submit to the commissioner a detailed report of its response to an incident. The report must be prepared in a manner and form prescribed by the commissioner and, at the minimum, must include:

A. a list of all equipment used and personnel who responded;

B. a description of all emergency actions taken;

C. a copy of the site safety plans developed during the response; and

D. completed cost recovery forms.

Subp. 8. Notification upon completion of response.

When an emergency response team or chemical assessment team has completed its response to an incident, the team leader, acting on behalf of the commissioner, shall notify the commissioner of the Pollution Control Agency as required under Minnesota Statutes, section 299A.50, subdivision 3. The commissioner of agriculture must also be notified for incidents where the Department of Agriculture has jurisdiction.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1000 Establishment of Suggested Operating Guidelines

Subpart 1. Initial guidelines.

Before implementing the team program, the commissioner shall establish suggested operating guidelines that will guide the response actions of emergency response teams and chemical assessment teams. The guidelines must comply with the requirements of Code of Federal Regulations, title 29, section 1910.120, and substantially comply with the requirements of NFPA 471, "Recommended Practice for Responding to Hazardous Materials Incidents," published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts (1992). NFPA 471 is incorporated by reference, is located at the State Law Library, is conveniently available to the public, and is not subject to frequent change.

Subp. 2. Review and revision.

At least annually, the commissioner shall review and, when necessary, revise the suggested operating guidelines established under subpart 1.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1100 Emergency Preplanning

Subpart 1. State agency.

Upon a request by the commissioner, a state agency shall give the commissioner hazardous materials storage information that the agency has collected from regulated facilities. The commissioner shall make a request under this subpart when the request is initiated by a team. The commissioner may direct the agency to give the information directly to the appropriate team or teams. This subpart does not apply if the agency is prohibited from disclosing this information by federal or state law.

Subp. 2. Local government.

Upon a request by the commissioner, a local emergency response agency shall give the commissioner information necessary to support a team response to an incident within the agency's jurisdiction. The commissioner shall make a request under this subpart when the request is initiated by a team. The commissioner may direct the agency to give the information directly to the appropriate team or teams. Information that may be requested by the team includes:

A. copies of any facility preplans prepared at the discretion of the agency;

B. a copy of the agency's hazardous materials emergency response plan prepared in accordance with Code of Federal Regulations, title 29, section 1910.120;

C. a statement describing the agency's level of hazardous materials training;

D. resources available locally to support hazardous materials response actions; and

E. any other information reasonably needed by the teams.

Subp. 3. Facility.

Upon a request by the commissioner, a facility required to prepare a spill prevention and response plan under Minnesota Statutes, section 115E.04, shall give a copy of the plan to the commissioner. The commissioner shall make a request under this subpart when the request is initiated by a team. The commissioner may direct the facility to give the information directly to the appropriate team or teams.

Subp. 4. Disseminating information to teams.

The commissioner shall give information collected under subparts 1 to 3 to any team that requests the information. When the commissioner gives the information collected under subpart 3 to a team, the commissioner shall provide the facility with the name and address of each team the information has been given to. A team may not distribute the information collected under subpart 3 without informing the facility from which the information was obtained.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1200 Emergency Response Assistance

Emergency response teams and chemical assessment teams are authorized to secure for use during an emergency response any technical assistance or specialized equipment necessary to safely and properly respond to an incident. When the incident involves explosives, explosive devices, incendiary devices, or shock-sensitive explosive chemicals, the teams must first request assistance from a Minnesota Department of Public Safety-authorized bomb squad. The cost of this assistance and equipment will be considered an actual cost of the team's response, recoverable from the responsible party.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1300 Review and Evaluation of Response

An emergency response team or chemical assessment team shall conduct an evaluation of a response to an incident within 30 days after termination of the team's response. The team shall give all public and private agencies involved in the response the opportunity to participate in the evaluation. The team shall prepare a written report following completion of the evaluation, a copy of which must be provided to the commissioner within 15 days of the date the evaluation is completed.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1400 Supplies, Equipment, and Vehicles

Subpart 1. Equipment for emergency response teams.

An emergency response team must have immediate access to the following general categories of supplies and equipment in suitable quantities to respond to anticipated hazardous materials incidents:

A. chemical reference and emergency response manuals;

B. personal protective equipment;

C. leak-control supplies and equipment;

D. radio and other forms of communications equipment;

E. computer equipment and supporting software;

F. monitoring and detection equipment;

G. basic suppression equipment;

H. spill containment supplies and equipment,

I. assorted nonsparking hand tools;

J. basic first aid supplies; and

K. miscellaneous incident management and administrative supplies and equipment.

Subp. 2. Equipment for chemical assessment teams.

A chemical assessment team must have immediate access to the following general categories of supplies and equipment in suitable quantities to respond to anticipated hazardous materials incidents:

A. chemical reference and emergency response manuals;

B. decontamination equipment;

C. personal protective equipment;

D. radio and other forms of communications equipment;

E. computer equipment and supporting software;

F. monitoring and detection equipment; and

G. miscellaneous incident management and administrative supplies and equipment.

Subp. 3. Emergency response vehicle requirements.

Hazardous materials emergency response vehicles used by a team must be of sufficient size and capacity to safely transport team personnel with properly stowed equipment and supplies to the scene of a hazardous materials incident under reasonably anticipated travel conditions.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1500 Selection of Teams

Subpart 1. Request for proposal to provide contract services.

The commissioner shall issue a request for proposal in the form and manner established by the Minnesota Department of Administration to provide contract service as an emergency response team or chemical assessment team. Requests for proposal shall be issued as necessary to provide for the needs of the team program.

Subp. 2. Proposal evaluation.

The commissioner shall establish an evaluation committee consisting of at least five technically qualified individuals. The committee shall evaluate all proposals received on the basis of the criteria set out in subpart 4, with emphasis placed on the quality of the proposer's response capability. After the evaluation, the committee shall recommend proposals to the commissioner for designation as service providers.

Subp. 3. Conflict of interest.

Members of the evaluation committee must not have any direct financial interest between any aspect of the team program and any respondent to the request for proposals.

Subp. 4. Proposal evaluation criteria.

Proposals received in response to the request for proposal must be evaluated based upon, but not limited to, the following criteria:

A. the number and qualifications of each member of the team;

B. a plan for maintenance of minimum required levels of staffing;

C. the location of the proposed team within the designated primary response area, including response time considerations such as access to major transportation routes, and geographic and other physical barriers to a response;

D. hazardous materials emergency response supplies and equipment, including vehicles, and personnel resources immediately available to the team, whether owned, leased, or available by arrangement;

E. hazardous materials emergency response experience, including the length of time the team has been in existence and the number and variety of actual responses made;

F. existing and proposed training and exercise programs;

G. the length of time necessary for further development to bring the team to the point where it will be ready to respond;

H. the estimated actual costs of team response; and

I. the estimated period of time necessary for the deployment of the team.

Subp. 5. Award of contracts for provision of service.

Emergency response teams and chemical assessment teams will operate under contract with the state of Minnesota, in accordance with Minnesota Statutes, sections 15.061 and 299A.50, subdivisions 1 and 2.

Subp. 6. Term of contract for services.

A contract for service may be executed for a period of up to five years.

Subp. 7. Contractor compensation.

Contractor compensation must include an annual amount for the term of the contract, subject to negotiations between the contractor and the state and budget appropriations by the state legislature. The contractor's proposal, submitted in response to the commissioner's request for proposal described in subpart 1, must identify the amount of compensation requested for each of the following:

A. the cost of capital equipment including vehicles;

B. the annual cost of training team personnel;

C. the cost of annual medical examinations for team personnel;

D. the initial cost of consumable supplies;

E. program administration costs; and

F. equipment maintenance costs.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1600 Emergency Response Criteria and Dispatching

Subpart 1. Emergency response.

An emergency response authorized by the commissioner may include technical assistance provided by a team via telephone and other means of communication or the deployment of team personnel and equipment to the scene of a hazardous materials incident.

Subp. 2. Criteria for authorizing emergency response.

Except as provided in subparts 3 and 4, the commissioner shall use the provisions of this subpart to determine whether to authorize a team response. The commissioner shall authorize a team response when all the following criteria are met:

A. there is a release or potential release from a transportation incident or fixed facility;

B. the release presents an actual or potential threat to public safety or the environment;

C. local emergency response personnel have been dispatched, are on the scene, and have made an initial assessment of the incident;

D. local authorities have determined that the response needs of the incident exceed local capabilities; and

E. local authorities have requested a team response.

Subp. 3. Alternate response criteria.

The commissioner shall authorize a team response when the commissioner considers the response to be necessary to protect life, property, and the environment from the effects or potential effects of a hazardous materials release.

Subp. 4. Special response criteria.

The commissioner shall authorize an emergency response team or a chemical assessment team response to provide standby technical assistance in support of a bomb squad response when the commissioner considers it necessary. A response under this subpart is limited to incidents involving explosives, explosive devices, incendiary devices, shock-sensitive explosive chemicals, or a law enforcement agency response to clandestine drug lab incidents. When a team responds, its costs are recoverable costs.

Subp. 5. Authority to request team response.

Authority to request the response of an emergency response team and a chemical assessment team resides with local authorities whose jurisdiction includes the scene of the hazardous materials incident.

Subp. 6. Procedure for requesting team.

The Minnesota duty officer system is the point of contact for requesting a response by an emergency response team or a chemical assessment team.

Subp. 7. Canceling response en route to incident.

Team response may be canceled en route to an incident only by the local authority that initially requested the response.

Subp. 8. Terminating team response actions for safety reasons.

The team may terminate response actions at an incident without direction from the incident commander when the team leader or safety officer determines that the ordered response actions would place team personnel in imminent danger.

Subp. 9. Terminating team response at conclusion of incident.

Team response may be terminated at an incident upon the direction of the local incident commander, or as provided in subpart 8 or part 7514.0900, subpart 5.

Subp. 10. Deployment time.

The average deployment time for emergency response teams and chemical assessment teams must not exceed 15 minutes.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1700 Cost Recovery

Subpart 1. Submitting claim for team response costs.

Regional teams shall submit to the commissioner claims for reimbursement of reasonable and necessary costs incurred as a result of a response in the manner and form identified in part 7514.0900, subpart 7.

Subp. 2. Team response costs; payment and recovery.

The state shall reimburse regional teams for reasonable and necessary costs of a response after receipt of a properly filed claim. The state shall recover the team's costs, and the state's legal and additional court costs, from the responsible person.

Subp. 3. Team response costs eligible for recovery.

Reasonable and necessary team response costs associated with an actual response by a team may be recovered by the team from the state and by the state from the responsible person. Costs eligible for recovery include:

A. team personnel costs;

B. additional wage costs for local callback personnel;

C. vehicle operating costs;

D. cost of consumable supplies used;

E. repair or replacement of damaged or destroyed capital equipment;

F. communications costs, including long distance and cellular telephone charges;

G. administrative costs;

H. cost incurred in the use of specialized equipment as provided in part 7514.1200;

I. cost incurred in the use of special technical assistance as provided in part 7514.1200;

J. costs associated with providing support to clean-up operations when requested in accordance with part 7514.0900, subpart 5;

K. costs associated with providing standby technical assistance when requested in accordance with part 7514.1600, subpart 4; and

L. other direct costs incurred by the team as a result of the response.

Subp. 4. Billing responsible person for costs.

The commissioner shall bill the responsible person for eligible response costs after receipt of a properly filed claim. If the responsible person fails to pay the bill in full within 30 days of its issuance, the commissioner shall issue subsequent billings. Billings must include interest, at the judgment rate currently charged by the state, per month on the unpaid balance. If payment in full is not made within 60 days of the issuance of the first bill, the commissioner:

A. shall contact the responsible person in an attempt to resolve the claim; and

B. may bring legal action to recover any unpaid balance.

Subp. 5. Right to appeal costs billed.

A responsible person that disagrees with a billing for response costs may file a written appeal with the commissioner. The appeal must be filed within 30 days of the billing. The written appeal must clearly state what portions of the billing are being appealed and the basis of the appeal. The commissioner shall review each appeal and issue a written determination within a reasonable time affirming, amending, or rescinding the disputed costs. A responsible person may withhold the amount of the billing in dispute while an appeal is pending. The responsible person must not be assessed interest on the disputed amount while the appeal is in process, unless the commissioner determines that the appeal is solely for the purpose of delay. Any person aggrieved by a decision made by the commissioner under this subpart may proceed before the commissioner as with a contested case in accordance with the Administrative Procedure Act.

Subp. 6. Costs not eligible for payment or recovery by commissioner.

The commissioner shall not pay or recover from the responsible person response costs incurred by the local jurisdiction that requested the response of a regional team.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1800 Coordinating Response Activities

Subpart 1. Incident management system.

The team leader shall coordinate the on-scene emergency response operations of the teams with local, state, and federal agencies, Indian tribes, and private response organizations through the Minnesota incident management system.

Subp. 2. Coordination with local authorities.

A local authority shall provide assistance to team operations in the authority's jurisdiction, which are necessary to the response and in keeping with local emergency operations plans, local emergency response plans, and the level of hazardous materials training required of the authority by the Occupational Safety and Health Administration.

Subp. 3. Coordination with state agencies.

A state agency shall provide assistance to team operations that is necessary to the response and is in keeping with the agency's role as identified in Governor's Executive Order 93-27, "Assigning Emergency Responsibilities to State Agencies," and any future orders replacing or revising this order, and implemented by the Minnesota emergency operations plan.

Subp. 4. Coordination with responsible person.

A responsible person shall provide assistance to team operations that is necessary to the response, upon a request by the incident commander or team leader, in keeping with the responsible person's level of training and emergency response plans.

Subp. 5. Coordination with other states and federal government.

The emergency response actions of the teams must be coordinated with those of federal agencies and other states in accordance with the emergency response plans authorized by United States Code, title 42, section 9605, National Contingency Plan, as amended; United States Code, title 33, section 311(c)(2), Clean Water Act, as amended; and United States Code, title 33, section 2701, Oil Pollution Act of 1990.

Subp. 6. Coordination with Indian tribes.

Subject to negotiations with Indian tribes located in the state of Minnesota, the commissioner shall enter into agreements with the tribes as necessary and appropriate to establish procedures for team response to incidents occurring on tribal lands.

Subp. 7. Coordination of team operations.

The commissioner, in consultation with the state fire marshal and director of the Division of Emergency Management, shall develop and implement a management plan that identifies the primary and support responsibilities of each, and clear lines of accountability.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.1900 Mutual Aid Agreements

The commissioner may enter into mutual aid agreements with federal agencies, other states, and Indian tribes for the purpose of supporting the hazardous materials response of either jurisdiction, as provided in Minnesota Statutes, section 299A.50, subdivision 2.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Minn. R. 7514.2000 Liability and Workers' Compensation Coverage

For the purposes of Minnesota Statutes, chapter 176, and section 3.736, coverage is initiated once a team is activated by the state, for operations authorized by the state, and the team is outside its geographic jurisdiction.

History

• Statutory Authority: MS s 299A.50
• History: 19 SR 450

Chapter 7515 LIQUOR

Minn. R. 7515.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings provided in Minnesota Statutes, chapter 340A, except for the following terms.

Subp. 2. Age.

"Age," as it applies to distilled spirits, means the period during which, after distillations and before bottling, distilled spirits have been kept in new or used oak containers, as provided for by federal regulations.

Subp. 3.

[Repealed, 27 SR 1580]

Subp. 4. Beer.

"Beer" as defined in Code of Federal Regulations and parts 7515.1000 to 7515.1120 means malt beverages or malt liquors.

Subp. 5. Brand label.

"Brand label" means the label affixed to the container displaying in distinctive design the brand name of distilled spirits, wines, or malt beverages. See Minnesota Statutes, section 340A.311, and parts 7515.0800 to 7515.0870.

Subp. 6.

[Repealed, 27 SR 1580]

Subp. 7. Container and original container.

"Container" and "original container" have the following meanings depending upon the context in which used:

A. For distilled spirits and wine they mean bottles, or such metal containers as may be in conformity with federal regulations and approved by the commissioner.

B. For malt beverages they mean full or fractional barrels, cases of bottles, individual bottles as each may be designated as a unit, see Minnesota Statutes, section 340A.101, subdivision 22, or any container which is sealed.

C. "Barrel," as it applies to malt beverages, means any container holding 31 gallons. All other measures used are subdivisions of the barrel as so defined.

D. "Gallon" means United States gallon of 231 cubic inches of alcoholic beverages at 68 degrees Fahrenheit (20 degrees Celsius), which is equal to 128 fluid ounces. All other liquid measures used are subdivisions of the gallon as so defined.

Subp. 8.

[Repealed, 27 SR 1580]

Subp. 9.

[Repealed, 27 SR 1580]

Subp. 10. Importer.

"Importer" means any distiller, rectifier, winer, wholesaler, or person within or without the state licensed to ship distilled spirits, wine, or ethyl alcohol to Minnesota manufacturers and wholesalers.

Subp. 11. Licensee.

"Licensee," depending on the context, may mean any person who has been issued a license by the state or any of its subdivisions pursuant to Minnesota Statutes, chapter 340A, to manufacture, wholesale, or sell at retail alcoholic beverages or to engage in the business of brewer, wholesaler, or retail seller of malt beverages.

Subp. 12.

[Repealed, 27 SR 1580]

Subp. 13. Office or this office.

"Office" or "this office" means the office of the Alcohol and Gambling Enforcement Division.

Subp. 14. Place of business.

"Place of business" includes any public business establishment or private club where alcoholic beverages or soft drinks are sold, or which permits the display and consumption of alcoholic beverages, as provided for in Minnesota Statutes, section 340A.414.

Subp. 15.

[Repealed, 27 SR 1580]

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: L 1985 c 305 art 3 s 1; 17 SR 1279; L 1991 c 249 s 31; L 1997 c 129 art 2 s 15; 27 SR 1580

Minn. R. 7515.0200 Permits and Fees

Application forms for licenses or permits required by Minnesota Statutes, chapter 340A, shall be furnished by the commissioner upon request. The commissioner shall not issue any license or permit unless the applicant has satisfied all preconditions to licensure or permit and has paid the appropriate license and permit fees required by Minnesota law and, if required, has filed a corporate surety bond.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: L 1985 c 305; 27 SR 1580

Minn. R. 7515.0210 Regulatory Permits and Fees

Subpart 1. General.

Any person engaged in the purchase, sale, or use for any purpose other than personal consumption of alcoholic beverages of more than 3.2 percent alcohol by weight or ethyl alcohol, shall obtain the appropriate regulatory permit and identification card from the commissioner as provided in this part. The fee for each permit, other than one issued to a state or federal agency, is $20 and must be submitted together with the appropriate application form provided by the commissioner. Identification cards and permits shall be issued for a period coinciding with that of the appropriate state or municipal license and are not transferable. In instances where there is no annual license period, cards and permits shall expire one year after the date of issuance. The authority to engage in the purchase, sale, or use granted by the card or permit may be revoked by the commissioner upon evidence of a violation by the holder of such a card or permit of any of the provisions of Minnesota Statutes, chapter 340A, or any rule of the commissioner made pursuant to law.

Subp. 1a.

[Repealed, 27 SR 1580]

Subp. 2. Representatives' identification cards required.

Any distiller, rectifier, winer, or wholesaler having one or more assigned representatives in Minnesota shall for each representative assigned apply to the commissioner on form PS 9127 for a representative's card. A distiller or winer representative, except as provided in subpart 3, shall not, directly or indirectly, take orders from retail licensees or give any financial inducement to any wholesaler's salesperson to promote the sale to a retailer of any alcoholic beverage.

Subp. 3. Retailer's identification card.

Any on-sale or off-sale liquor dealer or any purchasing agent of any municipal liquor store shall apply to the commissioner on form PS 9135 for a permit to purchase alcoholic beverages containing more than 3.2 percent of alcohol by weight from any manufacturer or wholesaler or their agent or representative. The identification cards must be presented to the manufacturer or wholesaler or their agent or representative when ordering alcoholic beverages containing more than 3.2 percent of alcohol by weight. Manufacturers or wholesalers or any agent or representative thereof shall not sell alcoholic beverages containing more than 3.2 percent alcohol by weight to any licensee, permit holder, or purchasing agent of a municipal liquor store unless the person presents a retailer's identification card issued by the commissioner for the current year.

Subp. 4. Salesperson's identification card.

Minnesota manufacturers, brewers, winers, and wholesalers shall for each employee acting in the capacity of a salesperson or agent apply to the commissioner on form PS 9073 for a salesperson's identification card, which card shall be the authority for the employee to solicit orders from licensed retailers, permit holders, or municipal liquor stores. Salesperson's identification cards shall not be issued to retail licensees, managers of clubs, municipal liquor store employees, or persons engaged in the sale of alcoholic beverages at retail in the regular course of their employment.

Subp. 5. State or federal agency permits.

Permits for state or federal agencies shall be issued without charge.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 8 SR 2478; L 1985 c 305; 17 SR 400; 17 SR 1279; 27 SR 1580

Minn. R. 7515.0220 Permit Expiration Dates

The following permits expire one year from date of issuance:

A. Any physician, dentist, or veterinarian requiring ethyl alcohol in connection with the person's profession shall apply to the commissioner on form PS 9018 for a permit to purchase ethyl alcohol.

B. Any manufacturer of food products requiring intoxicating liquors in connection with the manufacture shall apply to the commissioner on form PS 9018 for a permit to purchase, possess, and use intoxicating liquors.

C. Any hospital or sanatorium requiring medicinal liquors or ethyl alcohol to administer to patients on physician's prescription shall apply to the commissioner on form PS 9018 for a permit authorizing the purchase of medicinal liquors or ethyl alcohol.

D. Any pharmacist or druggist requiring ethyl alcohol for the compounding of medicine shall apply to the commissioner on form PS 9018 for a permit to purchase, use, and possess ethyl alcohol.

E. Any person engaged in the manufacture of medicinal, pharmaceutical, antiseptic, flavoring extract, syrup, food, scientific, chemical, mechanical, or industrial products, which are unfit for beverage use, or any municipal, county, or state agency, or any university, college, or laboratory used exclusively for scientific research, or any hospital or sanatorium using ethyl alcohol in connection with manufacture or research shall apply to the commissioner on form PS 9018 for a permit to purchase ethyl alcohol.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0300 Duties and Restrictions

Subpart 1. In general.

The duties and restrictions upon each manufacturer and wholesaler are outlined in this part.

Subp. 2. Sales to retailers.

Manufacturers and wholesalers shall not sell at retail except in accordance with the privileges granted to breweries by Minnesota Statutes, section 340A.301, subdivision 10. Manufacturers and wholesalers and their respective agents or employees shall not sell or deliver alcoholic beverages to any person, club, or business establishment unless the purchaser is licensed or authorized to sell the respective beverages at retail. A sale to an unlicensed person shall be a violation subject to penalties provided by law or rules.

Subp. 3. Written invoices.

Manufacturers and wholesalers shall furnish a written invoice to each retailer for the alcoholic beverages sold and delivered to retailers. The invoice must clearly identify seller and purchaser, date, quantity, brand names of products sold and the prices. When there are joint purchases as provided for in Minnesota Statutes, section 340A.312, manufacturers and wholesalers shall, in addition to the above, itemize on the invoice each retailer purchasing jointly or shall invoice joint purchases to each retailer separately.

Subp. 4. Malt beverage invoices.

All brewery and wholesalers' invoices of sale for malt beverages containing more than 3.2 percent of alcohol by weight shall have affixed thereto the signature of the retail dealer purchasing said beverages and also the number of the retailer's identification card issued by the commissioner for the current year. In addition thereto, such sales invoices shall designate the date of sale, the quantity sold, and the brand names. The failure of producers or wholesale distributors to comply with the provisions of this subpart shall be deemed a violation.

Subp. 5. Financial interest forbidden.

No manufacturer or wholesaler shall directly or indirectly or through any affiliate require by agreement or induce any licensed retailer to purchase alcoholic beverages from themselves to the exclusion in whole or in part of other manufacturers or wholesalers if the direct effect from the agreement or inducement is to prevent, hinder, or restrict any other manufacturer or wholesaler from selling or offering for sale alcoholic beverages to any licensed retailer. Manufacturers and wholesalers in respect to retailers are forbidden:

A. to acquire or hold any direct or indirect interest in any retail license or proprietory interest in the business of a retailer;

B. to acquire any interest in real or personal property owned, occupied, or used by any retailer in the conduct of business;

C. to furnish, give, rent, lend, or sell to a retailer any equipment, fixtures, supplies, money, service, or other thing of value, except to the extent permitted by statute;

D. to pay or credit a retailer for any retailer's advertising, display, or distributing service, except to the extent permitted by statute;

E. to guarantee any loan or repayment of any financial obligation of the retailer;

F. to extend a retailer credit for a period in excess of the credit period usual and customary in the industry or in excess of the credit period permitted by law;

G. to require the retailer to purchase and sell a specified quantity of any such products;

H. to offer or pay a commercial bribe;

I. to offer or make any gifts or to pay compensation to any proprietor, officer, employee, or representative of a retail store;

J. to coerce a retailer through threat of criminal prosecution, or license discipline or denial; or

K. to sell, offer to sell, or contract to sell any licensed retailer any alcoholic beverages on consignment or under conditional sale or with the privilege of return on any basis otherwise than a bona fide sale. This item does not apply to transactions involving solely the bona fide return of the product for ordinary and usual commercial reasons arising after the product has been sold.

Subp. 6. Gifts forbidden.

No manufacturer, importer, or wholesaler of alcoholic beverages shall, directly or indirectly, or through any officer, agent, or employee, offer or grant discounts, rebates, free goods, allowances, or other concessions in wholesale prices unless the same terms are offered uniformly to each retailer in the wholesaler's or manufacturer's trade territory at the same time and for the same period, and any and all discounts, rebates, free goods, allowances, or other concessions made because of quantity purchases or for any other reason must be specifically noted on the invoice of each and every retailer to whom the concessions are granted.

Subp. 7. Sales discrimination forbidden.

Minnesota manufacturers and wholesalers shall not discriminate in the sale of their products to retailers except that manufacturers or wholesalers may refuse to sell alcoholic beverages to a retailer who may have violated any law, rule, or municipal ordinance relating to the sale of alcoholic beverages at retail, or who has breached a contract for sale with the manufacturer or wholesaler. Upon notice from the commissioner, manufacturers and wholesalers shall not sell alcoholic beverages to any on-sale or off-sale licensee who refuses to sell or serve alcoholic beverages to any person because of race, color, national origin, or who discriminates in the selection of its membership on the basis of race, color, or national origin.

Subp. 8. Peddling forbidden.

No manufacturer or wholesaler of distilled spirits and wine or their employees shall transport such products in vehicles for the purpose of soliciting orders from retailers and filling such orders from stocks transported in vehicles.

Subp. 9. Container limitation.

No manufacturer or wholesaler shall sell distilled spirits to retailers in containers holding more than 64 ounces, or their metric equivalents, except wine may be sold in containers holding 1/20 gallon (6-2/5 oz.), or its metric equivalent, to on-sale and off-sale licensees.

Miniature containers shall be sold only to off-sale retailers or licensed common carriers for dining facilities, and licensees who have approved dispensing devices, and hospitals and sanatoriums having a permit to administer medicinal liquors on prescription for dispensing to patients in hospitals and nursing homes.

No containers of distilled spirits holding less than one-fifth of a gallon, or 750 milliliters, or wine containers holding less than 1/20 gallon (6-2/5 ounces) or its metric equivalent, shall be sold to on-sale retailers.

Still wines shall be sold by Minnesota manufacturers and wholesalers to retail liquor dealers only in case lots. The cases shall be filled with wines of only one tax class, that is, wines of 14 percent or less of alcohol by volume shall not be combined in a case with wines of more than 14 percent of alcohol by volume.

Subp. 10. Sale or delivery prohibited in certain municipalities.

No manufacturer or wholesaler shall sell or deliver distilled spirits, wine, ethyl alcohol, or intoxicating malt beverages in any municipality prohibiting the sale thereof. However, intoxicating liquors and ethyl alcohol may be sold in such municipalities to persons who are holders of permits to sell such products for industrial or medicinal purposes.

Subp. 11. Transfer of business license.

Any manufacturer, wholesaler, or brewer may transfer a business and license with the approval of the commissioner. When contemplating transfer, the licensee shall submit the license to the commissioner and all permits issued in connection therewith, together with a complete inventory of alcoholic beverages on hand, giving the brand names, and the size and number of containers. The request for transfer must be accompanied by the license application and bond of the proposed purchaser.

Any application for transfer of a license must be accompanied by a transfer fee of $10.

Subp. 12. Branch establishments.

Manufacturers and wholesalers of distilled spirits, wine, and malt beverages licensed by the commissioner may maintain branch establishments provided that the establishments are directly owned and managed by the manufacturers and wholesalers, and that all employees of establishments are paid only fixed salaries and/or commissions. No branch license shall be granted to holders of wholesale 3.2 percent malt liquor licenses.

Subp. 13. Withdrawal of distilled spirits and wine.

No persons employed by importers, distillers, rectifiers, winers, Minnesota licensed manufacturers or wholesalers shall withdraw distilled spirits or wine from the premises of manufacturers or wholesalers unless such requisition has been approved by the commissioner on a form prescribed by the commissioner.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: L 1985 c 305 art 5 s 1,12; 17 SR 1279; L 1991 c 249 s 31; 27 SR 1580; L 2015 c 9 art 1 s 8

Minn. R. 7515.0310 Wholesale Information

Subpart 1.

[Repealed, 27 SR 1580]

Subp. 2.

[Repealed, 27 SR 1580]

Subp. 3.

[Repealed, 27 SR 1580]

Subp. 4.

[Repealed, 27 SR 1580]

Subp. 5.

[Repealed, 27 SR 1580]

Subp. 6.

[Repealed, 27 SR 1580]

Subp. 7.

[Repealed, 27 SR 1580]

Subp. 8.

[Repealed, 27 SR 1580]

Subp. 9.

[Repealed, 27 SR 1580]

Subp. 10.

[Repealed, 27 SR 1580]

Subp. 11. Mixed cases; quantity discounts.

Wine or other commodities may not be offered on original or assorted cases with distilled spirits or vice versa, and any quantity discount may not exceed 300 bottles of quarts or smaller bottles, or the equivalent of any authorized standard of fill not to exceed 25 cases.

Subp. 12. Equal information to retailers.

Any wholesaler who publishes, mails, delivers, distributes, advertises, or in any other way directly or indirectly disseminates written price information for distilled spirits and/or wine, shall, in any such material, include all allowances, discounts, or terms, and shall disseminate the information to all retailers served by it.

Subp. 13.

[Repealed, 27 SR 1580]

Subp. 14.

[Repealed, 27 SR 1580]

Subp. 15.

[Repealed, 27 SR 1580]

Subp. 16.

[Repealed, 27 SR 1580]

Subp. 17.

[Repealed, 27 SR 1580]

Subp. 18. Shipment to retailer.

All brand owners and wholesalers shall ship every sale to a retailer, whether such sales are individual or joint sales, in the full amount at one time during the month of that sale.

Subp. 19.

[Repealed, 27 SR 1580]

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; 27 SR 1580

Minn. R. 7515.0320 Sales to Wholesalers and Manufacturers

Subpart 1. Offers for sale.

All importers, including manufacturers and wholesalers licensed pursuant to Minnesota Statutes, chapter 340A, are required to offer for sale to all Minnesota wholesalers and manufacturers all intoxicating liquor (except wines and malt beverages) brought into Minnesota. If the intoxicating liquor is further distilled, refined, rectified, blended, bottled, labeled, or prepared in any manner subsequent to its importation into Minnesota, such importers are required to offer for sale to all Minnesota wholesalers and manufacturers the finished product. All such offers shall be made on an equal basis to all the wholesalers and manufacturers.

Subp. 2. Price posting.

No importer shall offer any intoxicating liquor for sale to any Minnesota wholesaler or manufacturer without first filing with the department and mailing an itemized list specifying the price, brand, type, container size, proof, and the age of the liquor offered, to all Minnesota manufacturers and wholesalers, on a form approved by the commissioner. These prices must be filed on the first day of the month and shall become effective on the first day of the next calendar month and shall remain in effect until changed by a subsequent price filing which shall take effect in like manner.

Subp. 3.

[Repealed, 27 SR 1580]

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: L 1985 c 305 art 5 s 7; 27 SR 1580

Minn. R. 7515.0400 Municipal Retail Licenses

Minnesota Statutes, sections 340A.401 to 340A.416 provide that on-sale and off-sale retail liquor licenses shall be granted by the local municipal governing body upon verified, written application of the proposed licensee.

History

• Statutory Authority: MS s 299A.02
• History: L 1985 c 305 art 6 s 1 to 16

Minn. R. 7515.0410 Eligibility Requirements

An applicant for a retail liquor license shall meet all of the following requirements of eligibility:

A. The applicant shall be over 21 years of age.

B. The applicant shall have good moral character and reputation. An applicant does not have good moral character and reputation if, based on past activities or criminal record, the applicant poses a threat to the public interest or to the effective regulation and control of alcohol or creates or enhances the dangers of unsuitable, unfair, or illegal practices, methods and activities in the manufacture, sale, distribution, or possession for sale or distribution of alcohol or the carrying on of the business and financial arrangements incidental to the manufacture, sale, distribution, or possession for sale or distribution of alcohol.

C. The applicant shall not have been convicted within five years prior to the application of such license of any willful violation of law relating to the manufacture, sale, or possession for sale of alcoholic beverages or any felony.

D. Neither the licensee or anyone with business interests in the entity pursuing licensure shall have had an interest in a license which was revoked within the last five years for a willful violation of any laws or ordinances, or any felony.

E. The off-sale licensee and anyone with an interest in the business shall not have any interest, direct or indirect, in another off-sale retail liquor store in the same municipality neither as proprietor, partner, or corporate stockholder.

F. The licensee cannot lease the business premises from anyone to whom no license could be issued, such as someone convicted of a willful violation of the Liquor Control Act.

G. No applicant shall refuse to serve alcoholic beverages to any person because of race, color, or national origin, and no applicant shall discriminate in the selection of its membership on the basis of race, color, or national origin. The licensee may lease from a minor, a noncitizen, or one convicted for a crime other than liquor offense, or a manufacturer or wholesaler who has been a bona fide owner of the premises since before November 1, 1933, as provided by Minnesota Statutes, section 340A.301, subdivision 8.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: L 1985 c 305 art 5 s 1; 17 SR 1279; 27 SR 1580; L 2015 c 9 art 1 s 8

Minn. R. 7515.0420 Limited Number Granted

Retail liquor licenses shall be granted only in the number authorized by Minnesota Statutes, chapter 340A, or by a duly enacted and approved local law.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0430 On-Sale Applications

Subpart 1. Filing application.

Applicants for on-sale retail liquor licenses shall file a written, verified application with all questions fully answered with the municipal clerk or county auditor. Forms shall be furnished by the municipal clerk or county auditor.

Subp. 2. Description of premises.

The retail licenses for sale of alcoholic beverages which the municipality may issue must contain a specific description of the premises to which the license applies. The description must state the numbered street address or the description of the lot, block, addition, or township. In addition, the license application must include a complete description of the compact and contiguous area in which the licensee will conduct business, including a description of physically connected attachments to the main structure such as patios, decks, or pavilions. If the description in this subpart covers a building with more than one story or rooms which are used for business purposes other than those permitted to be in combination with the license as outlined in part 7515.0420, then the description must specify the floor and the space to which the license will apply.

Subp. 3. Location restrictions.

No license shall be granted for any premises with inside access to another business establishment unless the combination is permitted under Minnesota Statutes, chapter 340A.

Subp. 4.

[Repealed, 27 SR 1580]

Subp. 5. Application check; council action.

The clerk shall read each application to ascertain that all questions have been answered and forms are completed before the application is submitted to the council.

Special note: No member of a municipal council, however, shall vote on any application for license for a spouse or any other relative.

Subp. 6. License certificate.

After the application for license has been approved by the council, the clerk shall prepare the license certificate and deliver it to the licensee.

Subp. 7. Certificate to commissioner.

Within ten days after issuance of the on-sale liquor license, the clerk shall prepare and submit to the commissioner a form PS 9011 stating that a license has been issued. The form must show the full name and the address of the person or persons to whom the license is granted, the effective date and expiration date of the license, and all additional information required to complete the form which shall be furnished by the commissioner.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0440 Off-Sale Combination and Certain on-Sale Applications

Subpart 1. Commissioner's approval required.

All off-sale, club on-sale, on-sale wine, and county on-sale retail liquor licenses issued in the state shall be submitted to the commissioner for final approval. Without the commissioner's approval, the licenses shall not be effective.

Subp. 2. Application procedure.

The commissioner shall furnish current application blanks and license forms for off-sale, county on-sale, on-sale wine, and club retail liquor licenses to the clerk or county auditor of the respective municipalities or counties.

The applicant for license shall prepare the application form in duplicate and file it with the clerk or county auditor who shall read it to determine that all questions are answered completely and the form is properly executed.

The governing body shall consider the license applications and exercise its discretion within the law in approving licenses.

Subp. 3. Materials forwarded to commissioner.

After approval, the clerk shall forward to the commissioner in Saint Paul, Minnesota, the following items:

A. one current form for off-sale, club on-sale, county on-sale, or on-sale wine fully executed by the applicant;

B. one copy of the license certificate for off-sale, club on-sale, county on-sale, and on-sale wine;

C. one on-sale license form PS 9011, with the clerk's signature and corporate seal of the municipality or county affixed;

D. one on-sale license form PS 9011 for Sunday sales if applicable;

E. a copy of the minutes of the meeting held by the governing body establishing when the application was approved; and

F. the result of any election in the municipality where the question of licensing the sale of intoxicating liquor was voted. This shall not include the repeal election of September 12, 1933, or any county option election. If no election was held in the municipality, a statement to that effect is required.

Subp. 4. Items forwarded at renewal.

After licenses are granted, at an annual renewal period, the items in subpart 3 must be forwarded to the commissioner 30 days before the end of the current license year.

Subp. 5. Disposition of documents.

After consideration and approval of the license, the commissioner will retain the copy of the application. The new license certificate with endorsement of approval will be returned to the clerk or auditor. The documents shall be retained by the issuing authority for six years after the date of expiration of the license.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; 27 SR 1580

Minn. R. 7515.0450 Change of Location

The location of business of a retail liquor licensee may be changed subject to the approval of the municipal council and the commissioner. Application for change in location must be in writing, and must be accompanied by a corrected liquor liability insurance certification showing the new location.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0460 Liquidation of Business; Report

Any retail licensee who liquidates business upon voluntary termination, cancellation, or revocation of license, must submit a verified written inventory of the stock of intoxicating liquors on hand; shall file a written statement of the disposition of the merchandise to the commissioner; and must surrender the retailer's identification card to the commissioner and retail license to the issuing authority for cancellation.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; 27 SR 1580

Minn. R. 7515.0470 Municipal Liquor Stores

Any municipality establishing a municipal liquor store shall submit to the commissioner the following items:

A. A printed copy of the ordinance or resolution authorizing the establishment of a municipal liquor store.

B. The results of any election ever held by the municipality in which the question of permitting or prohibiting the sale of intoxicating liquor was voted. This shall not include the repeal election of September 12, 1933, or any county election. If no election was ever held in the municipality, a statement to that effect is required.

C. The clerk and/or recorder of any municipality having established a municipal liquor store shall in connection therewith and in addition to requirements of this part, submit to the commissioner in writing, a certificate of registration stating the date established, name of the manager, and whether on-sale, off-sale, or both.

D. Any change of location of a municipal liquor store shall be promptly reported to the commissioner in writing, accompanied by new liquor liability certification for the new location. In the event of the discontinuance of such a store, written inventory of the stock on hand must be submitted to the commissioner giving the brand names, the size and the number of containers, and the name of the purchaser or other disposition. The inventory shall be signed by the transferor and transferee. The clerk of the municipality shall submit the inventory and the retailer's identification card to the commissioner for cancellation.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; 27 SR 1580

Minn. R. 7515.0500 Retail License Required

All private retail dealers in alcoholic beverages shall obtain a license from the local municipal governing body for retail sale, and shall keep and post the license certificate in a conspicuous location in their place of business. Municipal retail liquor stores shall be established by ordinance.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0510 Identification Card Required

Retailers shall obtain a retailer's identification card from the commissioner as provided in part 7515.0210, subpart 3. Such card shall be presented when purchasing intoxicating liquor from authorized sales representatives.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0520 Purchase from Licensed Manufacturers

All retailers shall purchase their stock of alcoholic beverages only from duly licensed Minnesota manufacturers, brewers, and wholesalers. Retailers may purchase intoxicating liquors from other retailers only under the conditions stated in part 7515.0650.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0530 Financial Responsibilities

Retail dealers shall be responsible for all purchases of alcoholic beverages and for any indebtedness incurred by the licensees or their delegated employees.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.0540 Certification Labels

Retail dealers shall verify that their stock of distilled spirits, sparkling wines, or still wines shall have affixed to the cartons the designated certification labels, and that such labels shall be affixed in accordance with the number of containers in each case.

Any cartons or cases in the possession of retail dealers with improper certification labels affixed thereto shall be subject to confiscation.

Retail dealers shall remove certification labels affixed to cartons and cases of wine when such cases have been emptied.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.0550 Retention of Records

All retailers must keep in their licensed premises for a period of two years the records and invoices of all purchases and sales of two cases or more of alcoholic beverages. The invoices must state the date, from whom purchased or to whom sold, the quantity, the brand name, size of containers, and price.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0560 On-Sale Dealers

Subpart 1. Containers; minimum quantities; minimum proof of distilled spirits.

No on-sale dealer shall purchase or possess distilled spirits in containers of less than one-fifth gallon or its metric equivalent. Containers of less than one-fifth of a gallon, or its metric equivalent, shall be subject to confiscation, provided miniatures containing not more than two ounces, or their metric equivalent, may be purchased for dispensing devices, the use of which has been specifically approved by the commissioner. In addition, no on-sale dealer shall purchase distilled spirits other than cordials, liqueurs, or specialty items which are less than 80 proof.

Subp. 2. Liquor to be consumed on premises.

On-sale liquor licensees may sell alcoholic beverages to lawful consumers by the drink for consumption on the premises only. For purposes of this part, the sale of miniatures in approved dispensing devices shall be considered sale by the drink in guest rooms of hotels as defined in Minnesota Statutes, section 340A.101, subdivision 13.

Subp. 3. Display forbidden.

No on-sale liquor establishment shall display any intoxicating liquor when open to the public during hours when the sale of such liquor is prohibited by law.

Subp. 4. Dilution or changing containers.

No on-sale dealers, or their employees, shall remove alcoholic beverages from the original containers and place the liquor in any other container, nor shall such persons dilute or in any manner tamper with the original contents as provided by Minnesota Statutes, section 340A.508, except that wine may be withdrawn from tax paid containers and placed in decanters for service purposes.

Subp. 5. Containers subject to seizure.

Alcoholic beverages in open containers which upon inspection indicate dilution, tampering, refilling, or impurities are subject to seizure by the commissioner.

Subp. 6. Containers must be visible to public.

All containers from which alcoholic beverages are sold or dispensed must be clearly visible to the consuming public, except that malt beverages may be dispensed by tap from the keg when the keg itself is not in sight, and miniatures may be dispensed by approved mechanical devices, provided that the brand label appears on the tap handle or device. No container of intoxicating or malt liquor shall be dispensed from any mechanical or coin-operated device, unless the device can be operated in full compliance with state law and the rules of the commissioner and has been specifically approved for operation by the commissioner. The commissioner may impose such conditions as the commissioner considers necessary for any such approval and the failure to meet those conditions or the violation of those conditions shall terminate any approval.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: L 1985 c 305 art 3 s 1; art 7 s 8; 17 SR 1279; L 1997 c 129 art 2 s 15; 27 SR 1580

Minn. R. 7515.0570 Off-Sale by Package Only

Off-sale dealers shall sell alcoholic beverages by the container or package for off premise consumption only. They shall not permit the opening of the containers and consumption of contents on the licensed premises. No alcoholic beverages shall be sold except within the licensed premises. No licensee shall sell any alcoholic beverages to any person, or persons, for consumption off the licensed premises while said person, or persons, are within a motor vehicle. No alcoholic beverages shall be sold through any opening or window to any person outside of the licensed premises.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0580 Delivery

Subpart 1. Restrictions.

Only licensed or authorized off-sale liquor retailers and no other class of retailers may make deliveries of alcoholic beverages from their stores to the residence of a purchaser or other location, provided however, that such delivery shall be made only to a person 21 or more years of age; and provided further, that such delivery must not be made to alcohol beverage licensed establishments or other public or private place in violation of law or ordinance.

Subp. 2. Delivery tickets required.

The person in charge of any vehicle delivering alcoholic beverages to purchasers must carry an invoice or delivery slip stating the date and names and addresses of the seller and purchaser, itemizing the number, size, and brands of alcoholic beverages to be delivered. Upon delivery, the invoice must be signed by the person accepting delivery and by the deliverer and the signed copy preserved on the retailer's premises for a period of six months.

Subp. 3. Retailer may refuse to deliver.

Any retailer, or employee or agent of the retailer, may refuse to sell or deliver alcoholic beverages to any person whom they have reason to believe is ineligible to buy such liquor, as provided by Minnesota Statutes, sections 340A.502 to 340A.505 and 340A.701 to 340A.705, or whom they have reason to believe intends to deliver the alcoholic beverages to ineligible consumers. They may require a person of doubtful age to produce written evidence as required in Minnesota Statutes, section 340A.503, subdivision 6, of being 21 or more years of age.

Subp. 4. Forbidden deliveries.

No off-sale retailer shall sell, ship, or deliver alcoholic beverages to purchasers in any county, municipality, or area where the sale or delivery thereof is prohibited by law. No retailer shall deliver or permit the delivery of any alcoholic beverages during the hours when off-sale of liquor is prohibited by state law or municipal ordinance.

Subp. 5.

[Repealed by amendment, 8 SR 2478]

Subp. 6. Open stock deliveries prohibited.

Only alcoholic beverages ordered and packed at the store for delivery shall be carried in the delivery vehicle.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 8 SR 2478; L 1985 c 305 art 7 s 4; art 9 s 1 to 5; 17 SR 1279; 27 SR 1580

Minn. R. 7515.0590 Sales Restrictions

Subpart 1. Retailers not to sell for resale.

A retailer or municipal liquor store shall not sell intoxicating liquor to any person for the purpose of resale, or to any person about whom the retailer or store has information or has reason to believe intends to resell said liquor, except as provided in part 7515.0650.

Subp. 2. Cancellation of identification card.

The retailer's identification card of any retailer or municipal liquor store may be canceled by the commissioner if the holder of the card sells for resale. A violation of part 7515.0610 shall be grounds for cancellation.

Subp. 3. Refusal to sell.

Retailers shall refuse to sell any alcoholic beverage to any person or persons whose character is questionable or whose credentials, in any manner, are not satisfactory.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; 27 SR 1580

Minn. R. 7515.0600 Solicitation

The solicitation of customers by retailers outside the licensed premises or by the use of telephone, telegraph, or the United States mail is prohibited except where permitted by statute.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0610 Federal Wholesale Liquor Dealer's Tax Stamp

No retail licensee or municipal liquor store shall apply for or have in their possession a federal wholesale liquor dealer's tax stamp.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.0620 Gifts Forbidden

Any retailer or employee, or any manager or employee of a municipal liquor store, who suggests, requests, demands, or accepts any gratuity or reward or promise thereof from any representative of a manufacturer or wholesaler of alcoholic beverages is guilty of a violation. Any manager or employee who in this respect violates this provision is guilty of a gross misdemeanor.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0630 Storage

Retailers may not store excess stocks of intoxicating liquor in places other than the licensed premises without written approval of the commissioner. The place of storage must be located in the same municipality as the licensed premises. The location and address of the storage place, the quantity of liquor stored, and removal from the storage place must be reported to the commissioner in writing.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0640 Fires or Other Damage

In the event of a fire or other disaster in an area where alcoholic beverages are stored or kept for sale, the licensee shall promptly inform the commissioner of such disaster. The commissioner shall promptly inspect the premises to determine if the alcoholic beverages are fit for human consumption and shall order all of the liquor and wine that is not fit for human consumption immediately destroyed. No sale of alcoholic beverages which have been exposed to a fire or other disaster shall be made until the liquor has been inspected and declared fit for human consumption. In making the inspection, the commissioner may cooperate with a representative of the insurer of the liquor.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; L 1991 c 249 s 31; 27 SR 1580

Minn. R. 7515.0650 Transfer of License or Business

Any licensed retailer transferring or liquidating a business and selling the liquor stock shall notify the commissioner in writing of this intention and ask for approval of the proposed sale or transfer on such forms as are prescribed by the commissioner. The dealer may sell business fixtures and alcoholic beverages in a liquidating transaction to any retailer or wholesale licensee in Minnesota. When the sale is completed, the seller and buyer must file with the commissioner a copy of an itemized inventory of liquors sold, giving the brand name, size, and number of bottles. Both the seller and buyer shall sign the inventory. The seller must return the retailer's identification card to the commissioner and the retail license to the issuing authority for cancellation. Any change in the ownership or location of the business for which the license has been issued shall be deemed a transfer for purposes of this part.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; 27 SR 1580

Minn. R. 7515.0700 Application; Uniform Code

Subpart 1. In general.

The advertising of intoxicating liquors is a matter of public policy and, as provided in Minnesota Statutes, section 340A.507, subdivision 1, clearly within the police power of the state. Advertisements of intoxicating liquors disseminated in this state, except as hereinafter provided, shall not require prior approval, but shall be governed by the Uniform Code of the Joint Committee of States, as follows in parts 7515.0700 to 7515.0750.

Subp. 2. Scope of code.

No person engaged in business as a producer, manufacturer, bottler, importer, wholesaler, or retailer of intoxicating liquor, directly or indirectly, or through an affiliate shall publish or disseminate or cause to be published or disseminated by radio or television broadcast, or in any newspaper, magazine, or similar publication or by any sign or outdoor advertisement, or any other printed or graphic matter, any advertisement of intoxicating liquor unless such advertisement is in conformity with parts 7515.0700 to 7515.0780, provided that these provisions shall not apply to the publisher of any newspaper, magazine, or similar publication, or the owner or operator of any radio or television station, unless such publisher, owner, or operator is engaged in business as a producer, manufacturer, bottler, importer, wholesaler, or retailer of intoxicating liquor directly or indirectly, or through an affiliate.

History

• Statutory Authority: MS s 299A.02
• History: L 1985 c 305 art 7 s 7

Minn. R. 7515.0710 Definitions

Subpart 1. Scope.

As used in parts 7515.0700 to 7515.0780, the following terms shall have the meanings ascribed in subparts 2 to 7.

Subp. 2. Advertisement.

The term "advertisement" includes any advertisement of intoxicating liquor through the medium of radio or television; or of newspapers, magazines, or similar publications; or of any sign or outdoor advertisement; or of any other printed or graphic matter, including trade booklets, menus, and wine cards; except that such term shall not include:

A. Any label affixed to any container of intoxicating liquor or any individual covering, carton, or other wrapper of such container.

B. Any editorial or other reading matter in any periodical or publication or newspaper, or on any radio or television broadcast (or audio matter thereon) for the preparation or publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any person subject to parts 7515.0700 to 7515.0780.

Subp. 3.

[Repealed, 27 SR 1580]

Subp. 4. Distilled spirits.

"Distilled spirits" means ethyl alcohol, ethanol, or spirits of wine, including all dilutions and mixtures thereof, from whatever source or by whatever process produced, for beverage use, and shall include but not be limited to neutral spirits, whiskey, brandy, rum, gin, vodka, cordials, and liqueurs. Any intoxicating liquor containing more than 24 percent of alcohol by volume shall be deemed to be distilled spirits.

Subp. 5. Wine.

The term "wine" means any fermented intoxicating liquor produced from grapes, fruit, or other agricultural products, and includes but is not limited to, still wines, champagne and other sparkling wines, carbonated wines, imitation wines, vermouth, cider, perry, sake, or other product offered for sale or sold as wine.

Subp. 6. Malt beverage.

The term "malt beverage" means intoxicating liquors obtained by the alcoholic fermentation of an infusion or decoction of barley malt and hops in drinking water and containing more than 3.2 percent of alcohol by weight.

Subp. 7. Person.

"Person" means any individual, partnership, joint stock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0720 Mandatory Statements

Subpart 1. Responsible advertiser.

The advertisement must state the name and address of the producer, manufacturer, bottler, importer, wholesaler, or retailer responsible for its publication. Street name and number may be omitted in the address.

Subp. 2. Class, type, and distinctive designation.

The advertisement must contain a conspicuous statement of the type or other designation of the product, corresponding with the complete designation which appears on the brand label of the product.

Subp. 3. Alcoholic content.

In the case of distilled spirits, the alcoholic content must be stated in the manner and form in which it appears on the labels of distilled spirits advertised.

Subp. 4. Percentage of neutral spirits and name of commodity.

In the case of distilled spirits, other than cordials, liqueurs, and specialties, produced by blending or rectification, if neutral spirits have been used in the production, the advertisement must state the percentage of neutral spirits used and the name of the commodity from which the neutral spirits have been distilled in substantially the manner and form in which these statements appear on the labels of the distilled spirits advertised. In the case of neutral spirits or of gin produced by a process of continuous distillation, the advertisement must state the name of the commodity from which the neutral spirits or gin has been distilled substantially in the manner and form in which this statement appears on the labels of the distilled spirits advertised.

Subp. 5. Line or brand advertisements.

Where an advertisement does not mention a specific product but merely refers to a class of alcoholic beverages (such as whiskey) and the advertiser markets more than one brand of alcoholic beverages of that class, or where the advertisement refers to several classes of alcoholic beverages (such as whiskey, brandy, rum, gin, and liqueur) marketed under a single brand, the only mandatory information prescribed by this part applicable to the advertisement would be the name and address of the responsible advertiser.

Subp. 6. Retail establishments.

Advertisements by retail establishments which merely refer to the availability of alcoholic beverages in such establishments but which otherwise make no reference to a specific brand are subject only to the prohibited statements provisions of parts 7515.0740 and 7515.0750.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0730 Lettering; Conspicuousness of Mandatory Statements

Statements required by parts 7515.0700 to 7515.0780 to be stated in any written, printed, or graphic advertisement shall appear in lettering or type of a size, kind, and color sufficient to render them both conspicuous and readily legible. In particular:

A. Required information shall be stated against a contrasting background and in type or lettering which is at least the equivalent of eight-point type.

B. Required information shall be so stated as to appear to be a part of the advertisement and shall not be separated in any manner from the remainder of the advertisement.

C. Where an advertisement relates to more than one product, the required information shall appear in such manner as to clearly indicate the particular products to which it is applicable.

D. Required information shall not be buried or concealed in unrequired descriptive matter or decorative designs.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.0740 Prohibited Statements

An advertisement shall not contain:

A. Any statement that is false or misleading in any particular material.

B. Any statement that is disparaging of a competitor's products.

C. Any statement, design, device, or representation which is obscene or indecent.

D. Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of falsity, which is likely to mislead the consumer.

E. Any statement, design, device, or representation of or relating to any guaranty, irrespective of falsity, which is likely to mislead the consumer. Nothing in this part shall prohibit the use of any enforceable guaranty in substantially the following form: "We will refund the purchase price to the purchaser if the purchaser is in any manner dissatisfied with the contents of this package."

F. Any statement that the product is produced, blended, made, bottled, packed, or sold under, or in accordance with, any authorization, law, or regulation of any municipality, county, or state, federal, or foreign government unless such statement is required or specifically authorized by the laws or regulations of such government; and if a municipal, county, state, or federal permit number is stated, such permit number shall not be accompanied by any additional statement relating thereto.

G. Any statement concerning a brand or lot of intoxicating liquor that is inconsistent with any statement on the labeling thereof.

H. Any statement, design, or device representing that the use of any intoxicating liquor has curative or therapeutic effects, if such statement is untrue in any particular, or tends to create a misleading impression.

I. Any representation that the product was manufactured in, or imported from, a place or country other than that of its actual origin, or was produced or processed by one who was not in fact the actual producer or processor.

J. Any statement, design, device, or pictorial representation of or relating to, or capable of being construed as relating to the armed forces of the United States, or of the American flag, any state flag, or of any emblem, seal, insignia, or decoration associated with any such flag or the armed forces of the United States; nor shall any advertisement contain any statement, device, design, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia, likely to falsely lead the consumers to believe that the product has been endorsed, made, or used by or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated.

K. There shall be no cooperative advertising in newspapers or magazines as between a producer, manufacturer, bottler, importer, or wholesaler, and a retailer of distilled spirits.

L. Any statement offering any coupon, premium, prize, or rebate as an inducement to purchase intoxicating liquors.

History

• Statutory Authority: MS s 299A.02
• History: 17 SR 1279

Minn. R. 7515.0750 Other Prohibited Statements

An advertisement of intoxicating liquor shall not contain:

A. In the case of distilled spirits:

B. In the case of wine:

C. In the case of malt beverages, any statement of alcoholic content, or any statement of the percentage and quantity of the original extract, or any numerals, letters, characters, or figures, likely to be considered as designations of alcoholic content.

D. Any reference to novelties, mailing, outdoor advertising, and inside premise advertising shall be governed by other provisions of parts 7515.0700 to 7515.0780.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.0760 Statements of Acts Prohibited

Subpart 1. In general.

All local advertising shall also be subject to the provisions of parts 7515.0700 to 7515.0780 as stated in this part.

Subp. 2. Prohibitions on advertisements' contents.

No advertisement of alcoholic beverages shall contain:

A. Any illustration of a person which is not dignified, modest, or in good taste, or depicts a person in provocative dress or consuming a drink. Any family scene in which is portrayed a child or objects (such as toys) suggestive of the presence of a child, or in any manner portrays the likeness of a child, or contains any matter to appeal to immature persons.

B. Any statement that is false or misleading in any manner.

C. Any statement, design, device, or representation which is obscene or indecent.

D. Any statement concerning a brand of intoxicating liquor that is inconsistent with any statement on the labeling thereof.

E. Any statement, design, device, or representation relating to any guaranty unless such guaranty is enforceable.

F. Any statement describing such liquor to be beneficial and healthful.

G. Any statement, design, or device relating to biblical characters or to any public official, agency, or branch of the federal, state, or local governments, including former presidents of the United States.

H. Any statement, design, device, or pictorial representation capable of being construed as relating to the armed forces of the United States, or the American flag, or any emblem, seal, insignia, or decoration associated with such flag or armed force.

I. Any statement relating to the giving away of alcoholic beverages, premiums, or novelties in connection with the sale of any alcoholic beverages.

Subp. 3. Restrictions on items given away.

No alcoholic beverages, prizes, or premiums shall be given away in connection with the sale of alcoholic beverages, except that consumer's advertising specialties, such as ash trays, bottle or can openers, corkscrews, paper shopping bags, matches, printed recipes, wine lists, leaflets, blotters, post cards, pencils, stirrers, glassware, calendars, notebooks, playing cards, greeting cards, folding knives, or any similar articles which bear advertising matter may be furnished or given to consumers. The distribution of such advertising specialties shall be limited to the licensed premises only. Such advertising specialties shall be submitted to and approved by the commissioner before distribution.

Subp. 4. Restrictions on references and statements.

No advertisement or display of intoxicating or malt liquor shall contain any statement or illustration of or reference to a bank, bank deposit book, money, gambling, or quotations such as "Moving," "Going Out of Business," "Reduction of Stock," "Sale of Damaged Stock," "School or College Athletics," or "Pay Checks," in any form of advertising. However, such references may be included in or on show windows in or on licensed premises.

Subp. 5. Restrictions on display.

No display of any intoxicating liquor shall be made in any place except the licensed premises.

Subp. 6.

[Repealed, 27 SR 1580]

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0770 Advertisement Approval

Subpart 1. Submitting materials to commissioner.

Except as provided in parts 7515.0700 to 7515.0750, all out-of-state distillers, rectifiers, winers, brewers, and wholesale distributors and Minnesota manufacturers and wholesale distributors on-sale, off-sale, or municipally owned liquor stores or any agents thereof shall submit in duplicate all advertisements of alcoholic beverages to the commissioner for approval before publication.

Subp. 2. No publication without approval.

Except as provided in parts 7515.0700 to 7515.0750, no licensee shall publish, cause to be published, or offer for publication in any newspaper, periodical, or other advertising media, including radio and television broadcasting, or through any outdoor or other advertising agency any advertisement for intoxicating liquor unless the copy or transcript of the proposed advertisement shall have been first approved by the commissioner and shall have affixed thereto the commissioner's stamp of approval.

History

• Statutory Authority: MS s 299A.02
• History: 17 SR 1279

Minn. R. 7515.0780 Mailing Forbidden

No advertisements shall be distributed to consumers through the medium of the United States mail except with the written approval of the commissioner, and provided that this restriction shall not apply to newspapers and magazines.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0800 Brand Label Approval

Subpart 1. Commissioner's approval required.

No brand of alcoholic beverage may be imported into or sold within Minnesota unless the brand label is approved by the commissioner and registered in the manner provided.

Subp. 2. Imports for sample purposes only.

A licensed importer or wholesaler may, with the prior approval of the commissioner, import without registration reasonable amounts of alcoholic beverages to be used for sample purposes only.

Subp. 3. Confiscation.

Any alcoholic beverages whose brand label is not approved and registered shall be confiscated by the commissioner or a licensed peace officer.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0810 Brand Label Ownership

The brand label for an intoxicating malt liquor, 3.2 percent malt liquor, or wine will not be registered unless it is ascertained that the proposed registrant is the owner of the label, or has been assigned the brand label registration permission in writing by the brand owner pursuant to federal and state laws.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0820 Registration

A written request for registration of a brand label must be filed with the commissioner, accompanied by the following items:

A. a check payable to "Director of Alcohol and Gambling Enforcement" in the amount of $30, for payment of the registration fee for each brand and for each type of product or $20 for each registration renewal;

B. a set of copies of beer cans and lids;

C. if requested by the commissioner, two labeled and sealed containers of malt beverages for analysis;

D. if requested by the commissioner, a complete, signed chemical analysis of the product and a verified statement that the product to be sold under the label will correspond in all respects to the sample and analysis;

E. a verified statement by the brand owner or an authorized representative declaring ownership of the label and identifying the United States distributor, if other than the brand owner; and

F. a set of front and back labels, and any other labels to be affixed to the containers. In the case of imported alcoholic beverages, the name and address of the importer must be shown on the label.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; L 1997 c 129 art 2 s 15; 27 SR 1580

Minn. R. 7515.0830 Commissioner to Approve Change

Any change of ownership or of contents of alcoholic beverages and the labeling in connection therewith from the original registration of such contents and labels shall be promptly submitted to the commissioner for approval before the importation or sale of such beverages in the state.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.0840 Expiration

Any brand of alcoholic beverage for which registration has expired shall not be imported in this state unless the brand label is reregistered in the manner provided in part 7515.0810.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0850 Importers to Ascertain Registration

Minnesota manufacturers and wholesalers shall ascertain before the importation of any alcoholic product into the state that said product has been registered and the analysis of the brand submitted to and approved by the commissioner.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0860 Stock Transfer Arranged Before Change in Distributors

When there is a change in distributorship of the brand, the brand owner shall arrange for the transfer of the stock on hand to the new distributor or for shipment to the producer of the brand five days before the change is made. This shall not apply if the brand is distributed by more than one wholesaler in this state.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.0870 Bulk Containers

Distilled spirits and wine may be imported and sold to manufacturers in bulk containers without brand label registration.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.0900 Importation

Subpart 1. License required.

Minnesota Statutes, section 340A.302, pertaining to alcoholic beverages and ethyl alcohol, provides that only duly licensed importers may ship such products into Minnesota and that products shipped shall be consigned to and received only by duly licensed Minnesota manufacturers and wholesalers. No package sales to consumers for export of non-tax-paid liquors shall be permitted in this state without having obtained the proper license.

Subp. 2.

[Repealed, 27 SR 1580]

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: L 1985 c 305 art 5 s 2,16; 27 SR 1580

Minn. R. 7515.0910 Diplomatic Immunity

In recognition of the federal laws governing immunity and courtesy, shipments of intoxicating liquor from foreign countries to diplomatic personnel of foreign countries assigned to service in this state may be received by such representatives without payment of the Minnesota excise tax, and without being subject to the rules relating to importation and labeling of alcoholic beverages. Such importation to diplomatic personnel will be permitted only upon written request to the commissioner.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.0920 Import License Required

Subpart 1. In general.

Alcoholic beverages and ethyl alcohol shall be imported into Minnesota only by persons holding Minnesota import licenses, except as provided by Minnesota Statutes, sections 340A.316 and 340A.417.

Subp. 2. Exceptions.

No Minnesota import license will be required of persons who ship distilled spirits in bulk from a United States Internal Revenue bonded warehouse located in another state to a similar warehouse located in Minnesota.

Alcoholic beverages in the custody of the United States collector of customs destined for ultimate delivery in another state may be received in Minnesota and stored temporarily pending arrangements for redistribution and release by federal authorities. Shipments and storage under this subpart must be reported promptly to the commissioner.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0930 [Repealed, 27 SR 1580]

[Repealed, 27 SR 1580]

Minn. R. 7515.0940 Transportation

Only common carriers or duly licensed Minnesota manufacturers or wholesalers shall transport distilled spirits, wine, ethyl alcohol, or malt beverages into this state.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 8 SR 2478; 27 SR 1580

Minn. R. 7515.0950 Confiscation

Minnesota Statutes, sections 297G.20, subdivision 1, and 340A.7035, provide that any alcoholic beverages which are not considered tax exempt under Minnesota Statutes, section 297G.07, subdivision 2, and which are imported, sold, held with intent to sell, or possessed, without payment of excise taxes, shall be subject to confiscation.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.0960 Samples for Analysis

For the purpose of comparative analysis, the commissioner may direct that samples of distilled liquors, wines, and malt beverages be taken from shipments arriving in the state or from warehouse stocks within the state, and the analysis of the samples shall be made by a chemist designated by the commissioner.

In the event that the commissioner finds the analysis of samples taken from shipments or warehouse stocks are not identically comparable to the labeling thereof and for malt beverages samples of any brand originally submitted by the brand owner to the commissioner, the discrepancy is valid grounds for the seizure and confiscation of the shipments or warehouse stock and any further importation or sale of the brand or brands is prohibited within the state.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1000 Distilled Spirits General Requirements

Code of Federal Regulations for ethyl alcohol, distilled spirits, brandy, and rectifications of distilled spirits are hereby adopted as the rules for standards of identity and labeling requirements for containers of distilled spirits sold within the state, insofar as such federal regulations or amendments thereto are not contrary to or inconsistent with the provisions of Minnesota Statutes, chapter 340A or parts 7515.1000 to 7515.1120, including standards of fill.

History

• Statutory Authority: MS s 299A.02
• History: L 1985 c 305

Minn. R. 7515.1010 Packaging to Conform to Federal Regulations

No person shall import, manufacture, transport, or sell within the state of Minnesota any distilled spirits in containers, unless such distilled spirits are packaged, and such packages are marked, branded, or labeled in conformity with federal regulations as herein indicated and approved by the commissioner. Such packages of containers shall consist of the same brand, size, type, and proof.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.1020 [Repealed, 27 SR 1580]

[Repealed, 27 SR 1580]

Minn. R. 7515.1030 Cordials and Liqueurs

Cordials and liqueurs are products obtained by mixing or redistilling neutral spirits, brandy, gin, or other distilled spirits with or over fruits, flowers, plants, or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolations, or maceration of such materials, and to which sugar or dextrose or both have been added in an amount not less than 2.5 percent by weight of the finished product. Synthetic or imitation flavoring materials shall not be included.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1040 Standards of Fill for Distilled Spirits

Code of Federal Regulations for distilled spirits, title 27, chapter I, parts 5.47 and 5.47A, as amended, is adopted as the rule for the standards of fill requirements for containers of distilled spirits sold within the state, insofar as federal regulations or amendments are not contrary to or inconsistent with this chapter or Minnesota Statutes, chapter 340A.

Code of Federal Regulations for distilled spirits, title 27, chapter I, part 5.22, as amended, is adopted as the rule for the standards of identity and labeling requirements for containers of distilled spirits sold within this state, insofar as the federal regulations or amendments are not contrary or inconsistent with this chapter or Minnesota Statutes, chapter 340A.

Tolerance in the standards of fill may be allowed by the commissioner for distilled spirits upon prior application.

The regulations adopted by the secretary of the treasury pursuant to the Federal Alcohol Administration Act governing standards of fill must be followed in all bottling or selling of distilled spirits in Minnesota.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1050 Wine General Requirements

Code of Federal Regulations for wine, title 27, chapter I, parts 4.72 and 4.73, as amended, is adopted as the rule for the standards of identity and labeling requirements for containers of wine sold within the state, insofar as federal regulations or amendments are not contrary to or inconsistent with this chapter or Minnesota Statutes, chapter 340A.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: L 1985 c 305; 27 SR 1580

Minn. R. 7515.1060 Packaging of Wine to Conform to Federal Regulations

No person shall import, manufacture, transport, or sell within Minnesota any wine in containers unless the wine is packaged, and the packages are marked, branded, and labeled in conformity with federal regulations as indicated and approved by the commissioner. Packages of containers must consist of the same brand, size, type, and proof.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1070 Standards of Fill for Wine

Tolerance in the standards of fill may be allowed by the commissioner upon prior application.

The regulations adopted by the secretary of the treasury pursuant to the Federal Alcohol Administration Act governing standards of fill must be followed in all bottling or selling of wine in Minnesota.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1080 Malt Beverages General Requirements

Code of Federal Regulations for beer is hereby adopted as the rule for the standards of identity and labeling requirements for containers of malt beverages sold within the state, insofar as federal regulations or amendments thereto are not contrary to or inconsistent with the provisions of Minnesota Statutes, chapter 340A or parts 7515.1000 to 7515.1120, including standards of fill.

History

• Statutory Authority: MS s 299A.02
• History: L 1985 c 305

Minn. R. 7515.1090 Packaging of Malt Beverages to Conform to Federal Regulations

No person shall import, manufacture, transport, or sell within Minnesota any malt beverages in containers, unless the malt beverages are packaged, and the packages are marked, branded, or labeled in conformity with federal regulations as indicated and approved by the commissioner.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1100 Labeling Requirements and Alcoholic Content

Subpart 1.

[Repealed, 12 SR 1456]

Subp. 2. 0.5 to 3.2 percent alcohol.

For a product that contains more than one-half of one percent of alcohol by volume and not more than 3.2 percent by weight, the alcoholic content must be stated and the product labeled as follows: "contains not more than 3.2 percent of alcohol by weight" or similar expression of like meaning.

If the product is sold in cans, the words "contains not more than 3.2 percent of alcohol by weight," or similar expression of like meaning, must appear on one end of each can in a permanent medium. For cone-type cans, however, the indication must be placed on the side.

Subp. 3. Copies instead of cans.

In place of submitting can containers for malt beverages, duplicate copies of each can and its lid must be submitted for both 3.2 percent and strong and the copies must clearly show the label and the alcoholic content statement for the 3.2 product only.

Subp. 4. Under 0.5 percent alcohol.

The alcoholic content must be stated if the product contains less than one-half of one percent of alcohol by volume and must be labeled "contains less than one-half of one percent of alcohol by volume."

Subp. 5. Confiscation.

A product not labeled in accordance with this part is subject to confiscation by the commissioner.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 12 SR 1456; 27 SR 1580

Minn. R. 7515.1110 Alcoholic Contents to Be Indicated on Containers

Subpart 1. Kegs or barrels.

Kegs or barrels sold in Minnesota must have the contents identified by paper stickers or stencils affixed on the same surface as the brewer's identification stating "3.2 beer" or similar words that are appropriate to the content, or as an alternative the alcoholic contents of kegs or barrels may be identified with distinctive symbols that have been submitted to and approved by the commissioner.

Subp. 2. Sealed, nonreturnable cases.

Nonreturnable and sealed cases of bottles or cans must have imprinted in ink on the top or one side of the case "3.2 beer" or similar words that are appropriate to the content, or identified by the use of distinctive symbols that have been submitted to and approved by the commissioner. This subpart applies to the shipping case but does not apply to smaller cartons that may be contained in the case. Each brewer and importer shall notify the commissioner whether identification will appear on the top or side of the case.

Subp. 3. Unsealed, returnable cases.

An unsealed returnable case of bottles needs no external marking to identify alcoholic content, if opening the case without breaking furnishes a direct view of bottles that identify the alcoholic content pursuant to this part.

Subp. 4. Confiscation.

A product not labeled in accordance with this part is subject to confiscation by the commissioner.

History

• Statutory Authority: MS s 299A.02
• History: 12 SR 1456

Minn. R. 7515.1120 Standards of Content for Malt Beverages

Code of Federal Regulations for malt beverages, title 27, chapter I, part 7.27, as amended, is adopted as the rule for the standards of identity and labeling requirements for containers of malt beverages sold within the state, insofar as federal regulations or amendments are not contrary to or inconsistent with this chapter or Minnesota Statutes, chapter 340A.

The regulations adopted by the secretary of the treasury pursuant to the Federal Alcohol Administration Act governing standards of content must be followed in all bottling or selling of malt beverages in Minnesota.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1200 Permit Applications

Applicants for permits under Minnesota Statutes, section 340A.414, shall submit their applications on forms to be supplied by the commissioner. Applications shall be submitted with a fee of $150 in the form of a check payable to the "Director of Alcohol and Gambling Enforcement, State of Minnesota."

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: L 1985 c 305 art 6 s 14; L 1997 c 129 art 2 s 15; 27 SR 1580

Minn. R. 7515.1210 Disqualifications

Subpart 1.

[Repealed, 27 SR 1580]

Subp. 2. Display after hours.

It shall be unlawful to consume or display or allow consumption or display of intoxicating liquor on any premises of a bottle club or business establishment between the hours of 1:00 a.m. and 8:00 a.m.

Subp. 3. Conviction of liquor violation.

No application from any person who has been convicted of a willful violation of law concerning the sale of alcoholic beverages within the past five years will be considered.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1220 Regulation of Establishments Granted Permits

Subpart 1. Bottle club.

In clubs that qualify for a permit, bottles of intoxicating liquor may be left at the club-bar by members for serving only to the owner-member and bona fide guests, but the bottle or bottles must not be stored at the bar in the owner's absence. Before the owner leaves the premises the owner shall remove the bottle or bottles from the bar and place them in an individual locker, or take them from the premises.

Subp. 2. Business establishments.

In any public place granted a permit, no bottle of intoxicating liquor shall be given to the bar attendant or any employee for serving to the owner of the bottle. All bottles in a business establishment must be kept in plain sight by the owner and shall be in the owner's possession and under the owner's control at all times.

Subp. 3. No storage of liquor.

No intoxicating liquor may be stored on the premises of any business establishment holding a permit under this section. The purchase of intoxicating liquor by a licensee, manager, or employee of a bottle club or business establishment acting as agent for the member or patron is prohibited.

Subp. 4. No minors.

No minors shall be permitted to loiter or remain on any premises licensed under Minnesota Statutes, section 340.14, subdivision 3, unless accompanied by parent or guardian.

Subp. 5. No transfer of permits.

The transfer of permits issued according to Minnesota Statutes, section 340A.414, is prohibited unless the transfer is approved by the commissioner. Any change in the location, ownership, or corporation will constitute a transfer for purposes of parts 7515.1200 to 7515.1230.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; 27 SR 1580

Minn. R. 7515.1230 Cancellation

Any violations of these rules will constitute grounds for cancellation of the permit.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.1300 Permit Required for Pharmacists

Subpart 1.

[Repealed, 27 SR 1580]

Subp. 2.

[Repealed, 27 SR 1580]

Subp. 3. Confiscation.

Ethyl alcohol in the possession of any pharmacists who do not have the required permit issued by the commissioner, pursuant to part 7515.0220, item D, shall be subject to confiscation.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1310 Purchase Requirements for Pharmacists

Subpart 1. Permit.

Pharmacists may obtain a permit from the commissioner as provided in part 7515.0220, for the purchase of ethyl alcohol for the compounding of medicines.

Subp. 2.

[Repealed, 27 SR 1580]

Subp. 3. Purchase from licensed dealers.

Pharmacists shall purchase ethyl alcohol only from duly licensed Minnesota manufacturers and wholesale distributors, and all such products shall remain in the original containers.

Subp. 4. Affidavit.

In the purchase of ethyl alcohol for compounding of medicine the permittee shall submit an affidavit in duplicate to the manufacturer or wholesale distributor. Said affidavit shall state the permit number and that the alcohol shall be used exclusively for the compounding of medicines.

Subp. 5.

[Repealed, 27 SR 1580]

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1320 [Repealed, 27 SR 1580]

[Repealed, 27 SR 1580]

Minn. R. 7515.1330 Records

Pharmacists holding a permit to purchase ethyl alcohol for compounding of medicines shall maintain a complete record of all purchases made for inspection by the commissioner.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1340 Irregularities in Stocks

Subpart 1. Grounds for confiscation.

Irregularities in stocks of ethyl alcohol of pharmacists shall subject the permit to revocation and any undeclared stocks of liquor shall be confiscated by the commissioner or authorized agents.

Subp. 2. Grounds for revocation of permit.

The concealment by any pharmacist or employee of any ethyl alcohol or records thereof, or the refusal to assist authorized agents of the commissioner in the course of inspection of the permittee's premises, shall be valid grounds for the revocation of the permit.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; 27 SR 1580

Minn. R. 7515.1350 [Repealed, 27 SR 1580]

[Repealed, 27 SR 1580]

Minn. R. 7515.1360 Selling or Liquidating Business

Any pharmacist who shall sell or liquidate the business, or discontinue the permit, shall submit to the commissioner an inventory of the stock of alcohol on hand, the size and number of containers, and the name of the purchaser or other disposition, together with the permit. In the event of sale or transfer, the transferor and the transferee shall sign the inventory.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 17 SR 1279; 27 SR 1580

Minn. R. 7515.1400 Importation for Resale

Minnesota Statutes, section 340A.302, provides that ethyl alcohol for industrial and nonindustrial purposes, as defined in parts 7515.1430 and 7515.1440, may be imported into the state by duly licensed Minnesota manufacturers or wholesale distributors for resale to persons holding permits issued by the commissioner to purchase ethyl alcohol, or by persons holding permits issued by the commissioner authorizing the importation of ethyl alcohol as provided in parts 7515.0200 to 7515.0220. Such ethyl alcohol is not subject to the Minnesota excise tax.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1410 Importation Limited

The shipping of ethyl alcohol into the state shall be limited to distillers and wholesalers holding import licenses issued by the commissioner and those qualifying under part 7515.1470.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1420 [Repealed, 27 SR 1580]

[Repealed, 27 SR 1580]

Minn. R. 7515.1430 Industrial Purchasers

The following persons may purchase ethyl alcohol for industrial purposes in containers of one gallon or more:

A. any state agency;

B. any scientific university or college of learning;

C. any laboratory, to be used exclusively for scientific research;

D. physicians, dentists, or veterinarians;

E. any duly licensed pharmacist or druggist, for the compounding of prescriptions;

F. any hospital or sanatorium; and

G. any manufacturer, for the manufacture of medicinal, pharmaceutical, or antiseptic products; flavoring extracts; syrups; food products; scientific, chemical, mechanical, industrial, or toilet products; provided that such products are unfit for beverage use.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.1440 Nonindustrial Purchasers

The following persons may purchase ethyl alcohol for nonindustrial purposes in containers of not less than eight ounces:

A. any duly licensed pharmacist, or druggist, to be sold for medicinal purposes on bona fide prescriptions by a physician, dentist, or veterinarian; and

B. any duly licensed manufacturer, for use in the rectifying or blending of intoxicating liquor and wine.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.1450 Purchasers; Physicians, Dentists, Veterinarians

Physicians, dentists, and veterinarians holding permits issued by the commissioner may purchase ethyl alcohol in quantities not to exceed two gallons per year from licensed Minnesota manufacturers and wholesalers.

History

• Statutory Authority: MS s 14.06; 299A.02; 340.507
• History: 27 SR 1580

Minn. R. 7515.1460 Affidavit Required for Sale

Manufacturers and wholesale distributors selling ethyl alcohol to pharmacists or druggists for the purpose of compounding medicines shall ascertain that each order is accompanied by an affidavit in duplicate stating the intended use. One copy of the affidavit shall be forwarded to the commissioner by the tenth of the following month.

History

• Statutory Authority: MS s 299A.02

Minn. R. 7515.1470 Purchaser's Affidavit

Subpart 1. Purchase from out-of-state dealers.

Any person authorized to purchase ethyl alcohol from out-of-state manufacturers or wholesale distributors shall submit to the vendor an affidavit in duplicate stating the person's name, the type of permit issued by the commissioner, the permit number, and the permit's date of expiration. One copy of the affidavit shall be retained by the vendor, and one copy, together with manifests in quadruplicate, shall be submitted to the commissioner at the time the shipment is made.

Subp. 2. Purchase from Minnesota dealers.

Persons holding permits issued by the commissioner for the purpose of ethyl alcohol for industrial and nonindustrial use from Minnesota manufacturers or wholesale distributors shall execute an affidavit in duplicate to that effect on a form prescribed by the commissioner and shall submit said affidavit to the vendor at the time of purchase. A copy of said affidavit shall be submitted to the commissioner by the vendor on or before the tenth day of the following month, and one copy shall be retained by the vendor.

Subp. 3. Consignment and storage of ethyl alcohol.

Permit holders shall direct consignors to consign shipments of ethyl alcohol only to the designated address of the permittees. The storage of such ethyl alcohol shall be confined within the premises in a room or place inaccessible to unauthorized persons.

History

• Statutory Authority: MS s 299A.02
• History: 17 SR 1279

Minn. R. 7515.1480 Permit Holder's Report

Permit holders shall report on form no. 27 all purchases of ethyl alcohol, the amount used and the balance at the end of the year. Manufacturers and wholesale distributors shall report the purchase and sales of ethyl alcohol on form no. 29.

Following is the form PS 9024, governing the format for brand owner or wholesale price schedules.

PS 9024

MINNESOTA WHOLESALE PRICE FILING

History

• Statutory Authority: MS s 299A.02
• History: L 1998 c 254 art 1 s 107

Chapter 7520 PUBLIC SAFETY; MERIT SYSTEM

Minn. R. 7520.0100 Definitions

Subpart 1. Scope.

The following definitions apply to parts 7520.0100 to 7520.1100, unless the context clearly requires another meaning.

Subp. 1a. Affirmative action.

"Affirmative action" means a management program designed to ensure equal employment opportunity and correct past discrimination by identifying and removing barriers throughout a personnel system. Affirmative action includes special efforts to eliminate underuse of disabled persons, minorities, and women through recruitment, hiring, and advancement of these groups.

Subp. 2. Allocation.

"Allocation" means the assignment of a position to an appropriate class on the basis of the kind, difficulty, and responsibility of the work performed in the position.

Subp. 3. Appointing authority.

"Appointing authority" means the county board of commissioners, the town board, the mayor, or other officer or board authorized by statute or lawfully delegated authority to make appointments to positions under the merit system for civil defense.

Subp. 3a. Balanced class.

"Balanced class" means any class in which no more than 80 percent of the members are male and no more than 70 percent of the members are female.

Subp. 4. Change in allocation.

"Change in allocation" means the reclassification of a position resulting from significant sudden changes imposed by the appointing authority affecting the duties and responsibilities of a position.

Subp. 5. Class.

"Class" means one or more positions sufficiently similar in the duties performed, degree of supervision exercised or required, requirements of training, experience, or skill, and such other characteristics that the same title, the same tests of fitness, and the same schedule of compensation may be applied with equity to all of the positions.

Subp. 6. Classified service.

"Classified service" means all positions covered by parts 7520.0100 to 7520.1100 as provided in 7520.0200, subpart 5.

Subp. 7. Commissioner of public safety or commissioner.

"Commissioner of public safety" or "commissioner" means the administrative head of the state Department of Public Safety.

Subp. 7a. Comparability adjustment.

"Comparability adjustment" means a salary range adjustment for a particular classification to correct a compensation inequity based on comparable work value.

Subp. 7b. Comparable work value.

"Comparable work value" means the value of work measured by the skill, effort, responsibility, and working conditions required in the performance of the work.

Subp. 8. Council.

"Council" means the merit system council.

Subp. 9. County register.

"County register" means the subregister established for a county from a statewide, competitive or promotional register containing the names of persons who have legal residence in the county or, in the event of a promotional examination, who are employed by the local agency.

Subp. 10. Day.

"Day" means calendar day except where otherwise specified in the specific part.

Subp. 11. Demotion.

"Demotion" means a change by an employee from a position in one class to a position in another class with less responsible duties and a lower salary range.

Subp. 12. Desirable qualifications.

"Desirable qualifications" means the requirements of training and experience desired but not necessary to qualify for a given class of positions in the classification plan.

Subp. 12a. Disability.

"Disability" means any condition or characteristic that renders a person a disabled person. A disabled person is any person who:

A. has a physical, sensory, or mental impairment which substantially limits one or more major life activities;

B. has a record of such an impairment; or

C. is regarded as having such an impairment.

Subp. 13. Disabled veteran.

"Disabled veteran" means a veteran who is rated or certified as disabled, in accordance with the provisions of Minnesota Statutes, section 43A.11.

Subp. 13a. Discrimination.

"Discrimination" means unequal treatment, intentional or unintentional, that is based on the following protected characteristics: race, color, creed, sex, age, marital status, national origin, disability, reliance on public assistance, religion, political affiliation, membership or activity on a local commission, or sexual orientation.

Subp. 14. Dismissal.

"Dismissal" means the termination of employment of an employee for cause.

Subp. 14a. Disparity.

"Disparity" means the employment of fewer disabled persons, minorities, or women in the agency's work force than could reasonably be expected, based on their availability in the relevant labor area.

Subp. 15. Eligible or eligible person.

"Eligible" or "eligible person" means any person whose name is on a register.

Subp. 16. Emergency appointment.

"Emergency appointment" means an appointment required by a state of emergency as described in part 9575.0670.

Subp. 17. Employee.

"Employee" means any person employed by a local civil defense agency in a position covered by part 7520.0200, subpart 5 who is paid a salary or wage.

Subp. 17a. Equal employment opportunity.

"Equal employment opportunity" means the policy of basing all personnel activities solely on individual merit of applicants and employees in relation to job requirements, and without regard to race, color, creed, sex, age, marital status, national origin, disability, reliance on public assistance, religion, political affiliation, membership or activity in a local commission, or sexual orientation.

Subp. 17b. Equitable compensation relationship.

"Equitable compensation relationship" means that a primary consideration in establishing, recommending, and approving total compensation is comparable work value in relationship to other employee positions within the merit system.

Subp. 18. Exclusive representative.

"Exclusive representative" has the meaning given in Minnesota Statutes, section 179A.03, subdivision 8.

Subp. 19.

[Repealed, 23 SR 2404]

Subp. 19a. Female-dominated class.

"Female-dominated class" means any class in which 70 percent or more of the members are female.

Subp. 20. General adjustment.

"General adjustment" means an annual merit system recommended salary adjustment based on adjustments to salaries by employers with similar and competing types of employment and trends in the Twin Cities Consumer Price Index. The general adjustment applies to all employees on the professional and clerical salary schedules whose positions are not covered by the terms and conditions of a collective bargaining agreement.

Subp. 21. Intermittent employee.

"Intermittent employee" means an employee who works whenever needed or on a schedule which cannot be predicted in advance.

Subp. 22. Layoff.

"Layoff" means the termination of employment because of shortage of funds or curtailment of services.

Subp. 23. Layoff list.

"Layoff list" means a list of permanent or probationary employees who have been laid off by reason of abolishment of their position, lack of funds, shortage of work or other reason beyond the control of the employee.

Subp. 24.

[Repealed, 16 SR 2055]

Subp. 25. Local agency.

"Local agency" means the organization created to carry out the functions and programs of the jurisdiction's civil defense responsibilities.

Subp. 26. Local civil defense authority.

"Local civil defense authority" means the governing board, commission, council, or mayor under whose authority a county, town, or village, establishes a local civil defense agency.

Subp. 26a. Male-dominated class.

"Male-dominated class" means any class in which 80 percent or more of the members are male.

Subp. 27. Merit increase.

"Merit increase" means a salary increase given to an individual employee based on meritorious job performance.

Subp. 28. Military leave.

"Military leave" means the leave of absence granted by state law to employees entering active duty in the armed forces of the state of Minnesota or the United States of America.

Subp. 29. Minimum qualifications.

"Minimum qualifications" means the requirements of training and experience necessary to qualify for a given class.

Subp. 30. Original appointment.

"Original appointment" means a regular appointment of an individual to a local civil defense staff through selection from an open-competitive register and is the beginning point of the probationary period and is sometimes referred to as probationary appointment.

Subp. 31. Permanent employee.

"Permanent employee" means an employee who has successfully completed a probationary period or who has attained permanent status upon the installation of the merit system. The permanent designation means that the employee has achieved a status entitling that employee to the benefits, rights, privileges, and obligations conferred by parts 7520.0100 to 7520.1100 but the designation is not a guarantee of lifetime or career employment with the appointing authority.

Subp. 32. Position.

"Position" means a group of current duties and responsibilities assigned or delegated by competent authority requiring the full or part-time employment of one person.

Subp. 33. Probationary employee.

"Probationary employee" means an employee who is serving a probationary period in a class to which the employee has been appointed from an eligible list.

Subp. 34. Probationary period.

"Probationary period" means the working trial period during which a new appointee is required to demonstrate fitness for the position to which appointed by actual performance of the duties of the position.

Subp. 35. Promotion.

"Promotion" means a change of an employee from a position in one class to a position in another class with more responsible duties and a higher salary range.

Subp. 35a. Protected groups.

"Protected groups" means females, disabled persons, and members of the following minorities: Black, Hispanic, Asian, Pacific Islander, American Indian, or Alaskan Native.

Subp. 36. Provisional appointment.

"Provisional appointment" means an appointment of a person not on a register to fill a position pending the establishment of a register for the position in accordance with the provisions of part 9575.0660.

Subp. 37. Reallocation.

"Reallocation" means the reclassification of a position resulting from significant changes in the duties and responsibilities of the position that occur gradually over a period of time.

Subp. 38. Reclassification.

"Reclassification" means a change in the allocation or reallocation of a position to a higher, lower, or equivalent class.

Subp. 39. Reemployment list.

"Reemployment list" means a list of former permanent or probationary employees who have been laid off or who have voluntarily separated from merit system employment in good standing and whose applications for reemployment in the merit system are submitted within one year of separation.

Subp. 40. Register.

"Register" means an officially established list of eligibles for a particular class.

Subp. 41. Resignation.

"Resignation" means the termination of employment made at the request of the employee.

Subp. 42. Salary adjustment.

"Salary adjustment" means an increase given to employees due to cost-of-living factors, going rates for similar jobs, or labor market conditions.

Subp. 43. Salary increase.

"Salary increase" means an increase granted to an employee on the basis of working out of class or due to unusual employment conditions and not based on job performance, cost-of-living factors, going rates for similar jobs or labor market conditions.

Subp. 44. State agency.

"State agency" means the governor acting through the state Department of Public Safety, Division of Civil Defense, which is responsible for the administration and supervision of the civil defense programs in the state of Minnesota.

Subp. 45. Supervisor.

"Supervisor" means the merit system supervisor.

Subp. 46. Suspension.

"Suspension" means an enforced leave of absence with or without pay, for disciplinary purposes or pending investigation of charges made against an employee.

Subp. 47. Temporary employee.

"Temporary employee" means an employee who is appointed with a definite ending date.

Subp. 48. Transfer.

"Transfer" means the movement of a probationary or permanent employee from a position in one class to another position in the same class in the same or different local agency or to a position in a different class in the same or different local agency that has a salary range within one step of the former class and similar comparable work value and that meets the requirements of part 9575.0850.

Subp. 48a. Unclassified service.

"Unclassified service" includes all positions designated as not being classified under the merit system pursuant to part 9575.0680.

Subp. 49. Veteran.

"Veteran" means all persons defined as veterans by Minnesota Statutes, section 197.447.

Subp. 50. Veteran's preference.

"Veteran's preference" means the preference granted to veterans by Minnesota Statutes, section 43A.11.

History

• Statutory Authority: MS s 12.22
• History: 10 SR 1507; 14 SR 1008; 15 SR 838; 16 SR 2055; 17 SR 1279; 18 SR 2278; 22 SR 45; 23 SR 82; 23 SR 2404

Minn. R. 7520.0150 Definitions of Terms in Public Welfare Rules

Subpart 1. Scope.

Part 7520.0200, subpart 2 provides that certain rules of the Minnesota merit system promulgated by the commissioner of human services shall be made a part of the rules applying to the merit system for civil defense. The following terminology, as used in parts 9575.0300 to 9575.1300 and 9575.1550 to 9575.1580 and the Minnesota Merit System Rules and Manual, sections IV-5000 to IV-6530, shall be interpreted as follows in this chapter.

Subp. 2. County agency.

"County agency" shall be interpreted to mean the local agency as defined in part 7520.0100.

Subp. 3. County welfare board.

"County welfare board" shall be interpreted to mean the local civil defense authority as defined in part 7520.0100.

Subp. 4. County welfare director or welfare director.

"County welfare director" or "welfare director" shall be interpreted to mean the duly appointed administrative head of a local civil defense agency.

Subp. 5. Minnesota merit system.

"Minnesota merit system" shall be interpreted to mean the merit system agency serving the civil defense program.

History

• Statutory Authority: MS s 12.22
• History: L 1984 c 654 art 5 s 58

Minn. R. 7520.0200 Statement of Policy and Means of Effecting Policy

Subpart 1. Objectives.

It is the declared aim of the governor and the state Department of Public Safety of the state of Minnesota to put into full force and effect the merit principles of personnel administration. To this end the merit system council, the merit system supervisor, and the Department of Public Safety shall work toward the objectives of:

A. economy and effective service in the Minnesota civil defense program;

B. the proper classification of positions so that positions essentially alike in duties and responsibilities are treated alike, and positions not so alike are treated with due consideration of the nature and extent of the differences between them;

C. fair and equal opportunity to all qualified citizens of the United States to compete for positions and promotions under the jurisdiction of the merit system solely on the basis of merit and fitness as ascertained through practical examinations;

D. equitable pay scales for the various classes established on the basis of equal pay for work of equal value; and

E. an attractive career service in civil defense employment within the state of Minnesota.

Subp. 2. Adoption of rules.

These rules have been adopted to accomplish the objectives stated in subpart 1. The rules have been promulgated by the governor of the state of Minnesota in accordance with Minnesota Statutes, section 12.22, subdivision 3, and in compliance with the provisions of Minnesota Statutes, chapter 14.

This chapter and related manual instructions of the Minnesota merit system promulgated by the commissioner of human services are hereby made a part of these rules and shall be construed in accordance with the definitions provided in part 7520.0150.

Parts 9575.0400 to 9575.1300 have been adopted in accordance with chapter 14 of Minnesota Statutes and have the force and effect of law.

Sections IV-5000 through IV-6530 of the public welfare manual provide instructions to appointing authorities necessary to the implementation of the official rules. These sections are accorded similar status under this chapter.

Subp. 3. Amendment of rules.

If and when it appears desirable in the interest of good administration, the governor, through the commissioner of public safety and with the advice and recommendations of the council, may amend this chapter after compliance with the provisions of Minnesota Statutes, chapter 14. Amendments of the rules specified in part 7520.0200, subpart 2 shall be considered as amendments of this chapter.

Subp. 4. Editing of rules.

Prior to issuing or reissuing sections of the merit system rules, the supervisor may make the following, and only the following, changes:

A. changes to correct spelling or typographical errors;

B. changes to correct grammatical construction, but such changes shall not alter the interpretation, intent, or purpose of the rule;

C. changes to correct exact quotations of statutes, which are clearly identified as such by enclosure in quotation marks and by citation of statutory reference, when enactment of statutory amendments make such action necessary to make the quotations true and accurate; and

D. changes to renumber rules or rule references as necessary due to the adoption of new rules or the abolition of existing rules. Such changes shall not be deemed to be amendments to this chapter, and each shall be reported to the commissioner of public safety before release of the material. Any changes not approved by the commissioner of public safety shall be excluded from the material to be released.

Subp. 5. Positions covered by rules.

This chapter shall apply to every position created under the jurisdiction of the local civil defense agencies for which any federal personnel funds are paid to the local jurisdiction except any part-time professional worker who is paid for the performance of professional services and who is not engaged in the performance of any administrative duties and any local civil defense director position in a jurisdiction in which the local officer or board and the commissioner determine that the position of local director shall not be subject to merit system coverage and the position has not previously been subject to such coverage.

History

• Statutory Authority: MS s 12.22
• History: L 1984 c 654 art 5 s 58; 14 SR 1008

Minn. R. 7520.0300 Political Activity

Subpart 1. Affecting elections.

No employee shall use the employee's official authority or influence for the purpose of interfering with or affecting the results of an election or nomination for office.

Subp. 2. Coercing contributions.

No employee shall directly coerce, attempt to coerce, command, or advise a merit system employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes.

Subp. 3. Candidacy.

No employee shall be a candidate in a partisan election for any public office which is obtained through a partisan election. Candidacy for political party office is not prohibited.

Subp. 4. Restrictions during leave.

An employee continues to be covered by the federal Hatch Act restrictions including all the restrictions listed in subparts 1 to 5 while on annual leave, sick leave, leave without pay, or administrative leave. Any employee shall resign from the service upon filing as a candidate for public office, except as provided in subpart 5.

Subp. 5. Nonpartisan elections.

Any employee may be a candidate in nonpartisan elections. These are elections in which none of the candidates is to be nominated or elected as representing a political party whose candidates for presidential elector received votes in the last presidential election.

Subp. 6. Hatch Act.

All prohibitions of political activity provided in the federal Hatch Act apply to employees under the merit system.

History

• Statutory Authority: MS s 12.22
• History: 17 SR 1279

Minn. R. 7520.0350 Prohibition Against Discrimination

Subpart 1. In general.

No person shall be discriminated for or against in such matters as recruitment, examination, appointment, tenure, compensation, classification, or promotion, or in such matters as conditions, facilities, or privileges of employment because of race, color, political affiliation, creed, religion, national origin, disability, age, marital status, status with regard to public assistance, sex, membership or activity in a local commission, or sexual orientation. Any person aggrieved by a violation of these prohibitions may file a complaint under the provisions of Minnesota Statutes, chapter 363, or may file a discrimination complaint under the local agency's internal complaint process.

Subp. 2.

[Repealed, 14 SR 1008]

Subp. 2a. Affirmative action plan.

Each local agency shall have an affirmative action plan for employees covered by parts 7520.0100 to 7520.1100. The plan must contain, at a minimum, the following:

A. a policy defining and prohibiting discriminatory harassment, including sexual harassment;

B. an internal discrimination complaint policy and procedure that includes notification of the Department of Human Services Office for Equal Opportunity, Affirmative Action and Civil Rights of complaints that are brought and their resolution;

C. provision for appointment of a person to provide liaison between the local agency and the Department of Human Services Office for Equal Opportunity, Affirmative Action and Civil Rights and to have responsibility for implementation of the local agency's plan;

D. provision for notification of the Department of Human Services Office for Equal Opportunity, Affirmative Action and Civil Rights of periodic hiring goals established by the local agency, for expanded certification purposes; and

E. provision for compliance with Title I of the Americans with Disabilities Act of 1990, which prohibits discrimination against disabled employees or job applicants. These requirements may be incorporated as part of a countywide affirmative action plan or provided as an addendum to the plan.

Subp. 3.

[Repealed, 14 SR 1008]

History

• Statutory Authority: MS s 12.22
• History: 14 SR 1008; 18 SR 2278; 23 SR 82; 26 SR 812

Minn. R. 7520.0370 Violations

Subpart 1. Cause for dismissal.

Violations of any of the provisions of parts 7520.0100 to 7520.1100 by an employee in the service shall be considered sufficient cause for the dismissal of such person.

Subp. 2. Notice of violations; procedure.

Violations of parts 7520.0100 to 7520.1100 by an appointing authority shall be brought to the attention of the appointing authority by the supervisor. The notice shall include remedial measures necessary to correct past violations and to ensure future compliance. In the event the appointing authority refuses to take corrective action, the supervisor shall inform the commissioner who shall deny or suspend all or part of state and federal administrative reimbursement funds, suspend services from the merit system, or require that other corrective action be taken.

Subp. 3. Decisions by appointing authority and commissioner.

An appointing authority may appeal any denial, suspension of administrative reimbursement, or suspension of services under subpart 2 to the merit system council which shall, after a review of the record available to the commissioner, make its recommendation to the commissioner. The commissioner's decision shall be final.

History

• Statutory Authority: MS s 12.22
• History: 23 SR 82

Minn. R. 7520.0400 Organization

Subpart 1. Governor.

Minnesota Statutes, section 12.22, subdivision 3 states:

"The governor shall have authority to establish rules and regulations in accordance with the law for the proper and efficient operation and administration of the civil defense program including methods relating to the establishment and maintenance of personnel standards on a merit basis for all employees of local civil defense agencies, provided, however, that the governor shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods.

The governor may, by rule and regulation, cooperate with the federal government in any manner as may be necessary to qualify for federal aid to carry out the provisions herein expressed. The governor may, by rule and regulation, also cooperate with other political units or subdivisions in establishing and maintaining personnel standards on a merit basis." (Minnesota Statutes, section 12.22, subdivision 3.)

Subp. 2. Rules to affect employees of jurisdictions with local civil service commissions.

The authority to require methods of relating to the establishment and maintenance of personnel standards on a merit basis shall extend to all employees except as provided in part 7520.0200, subpart 5; and this chapter shall be applicable to such employees until such time as the local jurisdiction adopts and maintains rules affecting classification and compensation, examination and certification of eligibles, and other personnel standards that substantially conform to this chapter and are so certified as conforming by the supervisor.

Subp. 3. Merit System Council.

The Merit System Council shall be the council appointed by the governor to serve as the council for the Minnesota Merit System. It shall be the duty of the council within the scope of this chapter:

A. to establish general policies for the administration of merit examinations and the hearing of personnel appeals as provided in 12 MCAR S 2.508;

B. to hear such appeals or to appoint an appeal board or to appoint a referee to hear such appeals on its behalf;

C. to consult with the merit system supervisor in formulating procedures for the purpose of insuring conformity with this chapter and the policies of the council;

D. to review the classification and compensation plans and to make recommendations to the commissioner of public safety on their adoption and revision;

E. to make recommendations to the commissioner of public safety about internal personnel policies to insure conformity with this chapter;

F. to promote public understanding of the purposes, policies, and practices of the merit system; and

G. to review and make recommendations to the commissioner of public safety about amendments to the rules of the merit system. Meetings of the council shall be held as often as necessary and practicable upon call of the chair, of the supervisor, or of the commissioner of public safety. The commissioner of public safety shall have the right to be represented at all meetings of the council, but such representation shall be without voting power. The council shall adopt procedures for the conduct of its activities. Each member of the council shall be paid $50 per regular meeting, but no member shall be paid more than $600 in any one calendar year for regular meetings. Each member of the council shall be paid $50 per day when serving on an appeal or hearing board. In addition members whose residence is in excess of 50 miles of the place of meeting shall be compensated for travel expenses and, in an instance in which the meeting is scheduled for more than one day or when the hour of the beginning of the meeting, or the close of the meeting, does not allow coming from or returning to the place of residence within a reasonable time, for lodging and meals.

Subp. 4. Merit system supervisor.

The merit system supervisor shall be the duly appointed supervisor of the Minnesota Merit System. In conformance with parts 7520.0100 to 7520.1100, it shall be the duty of the merit system supervisor:

A. to develop and put into continuous effect policies and procedures for the administration of the merit system program as they relate to the preparation, administration, and scoring of examinations; the preparation, custody, and maintenance of registers of eligibles; the determination of availability of eligibles for appointment; the certification for appointments; and the determination of the adequacy of existing registers;

B. to develop and administer the classification and compensation plans and to consult with the commissioner of public safety and with the council on the adoption and revision of such plans as they relate to the merit system program of recruitment and examination;

C. to maintain personnel records of all persons employed under the merit system program and records of all personnel action;

D. to promote public understanding of the purposes, policies, and practices of the merit system program and to develop and put into effect procedures for carrying out the personnel administration of the rules of the merit system;

E. to appoint staff members, including technicians, clerks, stenographers, and such other permanent or temporary employees as are necessary to carry out the provisions of parts 7520.0100 to 7520.1100. The employees shall be chosen in accordance with the provisions of the Minnesota Department of Management and Budget rules;

F. to review, develop, and propose amendments to existing merit system rules for consideration and recommendation by the Merit System Council and in accordance with the provisions of Minnesota Statutes, chapter 14; and

G. to perform such other duties as are prescribed by parts 7520.0100 to 7520.1100 or by the council.

History

• Statutory Authority: MS s 12.22
• History: 17 SR 1279; 23 SR 82; L 2008 c 204 s 42; L 2009 c 101 art 2 s 109

Minn. R. 7520.0500 Classification Plan: Preparation and Adoption

Subpart 1. Procedure.

The governor, through the commissioner of public safety shall formally adopt a comprehensive classification plan for all positions covered by parts 7520.0100 to 7520.1100 which shall be published as part of the public safety merit system manual. The plan shall be based on investigation and analysis of the duties and responsibilities of positions and shall be so developed and maintained that all positions that are substantially similar in the kind, difficulty, and responsibility of work are included in the same class. The plan must be developed after consultation with supervisory officials, classification specialists, and persons technically familiar with the character of the work. All classifications must be evaluated by use of a formal job evaluation system. Class titles established by the classification plan shall be used in all personnel and financial records of the Department of Public Safety and the local emergency management agency, as well as in all examination procedures.

Subp. 2. Submission to council.

The proposed classification plan and any subsequent amendments shall be submitted to the council for review and recommendation in relation to the merit system program of recruitment and examination.

History

• Statutory Authority: MS s 12.22
• History: 10 SR 1507; 23 SR 82

Minn. R. 7520.0510 Classification Plan: Allocation of Positions

Every position under the Minnesota Merit System as provided in part 7520.0200, subpart 5 shall be allocated by the merit system supervisor to one of the appropriate classes established in the classification plan. No person shall be appointed or promoted to any position until it has been properly classified as herein provided. As additional classes are established or existing classes are abolished or changed, such necessary allocation or reallocation shall be made by the supervisor to new or existing classes as necessary.

History

• Statutory Authority: MS s 12.22

Minn. R. 7520.0520 Classification Plan: Reclassification of Positions

Whenever a position appears to be improperly allocated, the supervisor shall, upon the supervisor's own initiative, or upon the request of an appointing authority or a permanent employee, investigate the duties of the position. Following the investigation the supervisor shall allocate the position to its proper class and notify the affected parties.

History

• Statutory Authority: MS s 12.22
• History: 17 SR 1279

Minn. R. 7520.0530 Classification Plan: Incumbents of Reclassified Positions

Subpart 1. Appointment authorized.

When a position is reclassified and it is determined to be a reallocation resulting from a significant change in the duties and responsibilities of the position occurring gradually over a period of time, the supervisor shall authorize an appointing authority to promote the incumbent of the reallocated position. Any employee promoted in accordance with this subpart shall serve a probationary period in the higher class.

Subp. 2. Eligibility.

When a position is reclassified resulting from a change in allocation, the incumbent shall not be deemed eligible to continue in the position unless eligible for original appointment, promotion, transfer, or demotion to the new class of positions. If ineligible to continue in such a position, the incumbent may be transferred, promoted, or demoted by appropriate action of the appointing authority in accordance with such provisions of parts 7520.0100 to 7520.1100 as may be deemed to be applicable. If ineligibility of a permanent or probationary incumbent of a reclassified position arises from the existence of an eligible register established from an examination that the incumbent did not take, the incumbent may be permitted to take the same or equivalent examination from which the existing register was established, without the examination being open for application. At that time, the county will notify other employees that they may also apply and take the examination. The names of successful candidates examined under this part shall be placed on the existing register in accordance with the score attained. In any case in which the incumbent is ineligible to continue in the position and is not transferred, promoted, or demoted, the provisions of parts 7520.0100 to 7520.1100 about layoff shall apply. Any transfer, promotion, demotion, or layoff in accordance with these provisions must occur within 60 days of the notification of reclassification of the position.

Subp. 3.

[Repealed, 10 SR 1507]

Subp. 4.

[Repealed, 10 SR 1507]

Subp. 5.

[Repealed, 10 SR 1507]

History

• Statutory Authority: MS s 12.22
• History: 17 SR 1279; 23 SR 82

Minn. R. 7520.0540 Classification Plan: Class Specifications

The classification plan shall consist of written specifications for each class. Each specification shall include an appropriate class title, a description of the duties and responsibilities of the work, and the requirements of training, experience, and other qualifications.

History

• Statutory Authority: MS s 12.22

Minn. R. 7520.0550 Classification Plan Revision

Existing classes may be abolished or changed, or new classes added, in accordance with part 7520.0500. All new or revised classes must be evaluated by use of a formal job evaluation system.

History

• Statutory Authority: MS s 12.22
• History: 10 SR 1507

Minn. R. 7520.0600 Preparation and Adoption of Compensation Plan

Subpart 1. Preparation of plan.

In accordance with the Administrative Procedure Act, the governor, through the commissioner of public safety, shall formally adopt and make effective a comprehensive compensation plan including minimum and maximum salary rates as published in parts 7520.1000 and 7520.1100, and recommended intervening steps as published in the public safety merit system manual, as amended through May 29, 1982, for all classes of positions. The plan shall apply to all agencies covered by the merit system, except as otherwise negotiated for employees in a bargaining unit in agencies where there is an exclusive representative or in those instances where the requirements of part 7520.0650, subpart 2, item C have been satisfied. The plan shall include salary ranges for the various classes, with the salary of each class consistent with the duties and responsibilities outlined in the class specifications. Minimum, intervening, and maximum rates of pay for each class shall be established to provide for salary advancement without change of duty, in recognition of meritorious service. The advice and suggestions of appointing authorities, prevailing salary rates for similar and competing types of employment in business and government, and other relevant factors shall be taken into consideration in developing the ranges. Equitable compensation relationships must be established between female-dominated, male-dominated, and balanced classes of employees in accordance with Minnesota Statutes, sections 471.991 to 471.999. Classes must be evaluated in order to determine comparable work value and to establish equitable compensation relationships between classes of positions.

Subp. 2. Review by council.

The proposed compensation plan, and any amendments thereto, shall be submitted to the council for review and recommendation. Upon review and recommendation and after compliance with the provisions of Minnesota Statutes, chapter 14, the governor, through the commissioner, shall formally adopt the compensation plan which shall be the official salary schedule of the Minnesota Merit System, effective the date specified.

Subp. 3. Salary plans and salary rates.

The comprehensive compensation plan adopted by the commissioner shall provide for a single salary schedule for each occupational grouping of classes including professional and clerical classes. The plan shall be established as provided in subpart l with minimum and maximum salaries for each class as provided in parts 7520.1000 and 7520.1100. The plan shall be the official plan for all appointing authorities until amended.

History

• Statutory Authority: MS s 12.22
• History: 10 SR 1507; 15 SR 838

Minn. R. 7520.0610 Selection of Salary Ranges by Local Authority

Subpart 1.

[Repealed, 15 SR 838]

Subp. 2. Selection of rates.

Within the minimum and maximum salaries for classes on the salary schedules for each occupational grouping of classes, appointing authorities shall designate by resolution the minimum, intervening, and maximum salary rates to be paid for each class of positions used by the appointing authority. The supervisor shall be promptly notified of the rates selected by each appointing authority.

Subp. 3. Plan amendments.

The appointing authority may by resolution amend the minimum, intervening, and maximum salary rates to be paid for any class of positions used by the appointing authority. The supervisor shall be promptly notified of the amendment.

Subp. 4. Incumbents.

Salary rates for incumbents of positions shall be established in accordance with the provisions of part 7520.0650, subparts 2 and 3 on the basis of the comprehensive compensation plan adopted by the appointing authority as provided in part 7520.0600, subpart 3.

Subp. 5. Nonrepresented employees.

In agencies with an exclusive representative, the appointing authority may pay confidential, supervisory, and other personnel not covered by an exclusive representative who are in the same class as the employees who have an exclusive representative, the same rate of pay and salary range as negotiated for the class under part 7520.0630, subpart 1. In no case would this part allow the appointing authority to reduce the rate of pay of confidential, supervisory, or other excluded employees.

History

• Statutory Authority: MS s 12.22
• History: 15 SR 838

Minn. R. 7520.0620 Adjustment of Official Salary Schedule of the Minnesota Merit System

Subpart 1. Annual adjustments.

The compensation plans provided in parts 7520.1000 and 7520.1100 shall be adjusted annually to reflect changes in the level of salary rates in business and government and for similar and competing types of employment and to achieve equitable compensation relationships between classes of positions based on their comparable work value.

Subp. 2.

[Repealed, 12 SR 1335]

Subp. 3. Plan amendments.

After a review of changes in the level of salary rates and consideration of available information regarding trends in the Twin City Consumer Price Index, the supervisor shall propose amendments to the compensation plan in accordance with Minnesota Statutes, chapter 14, the Administrative Procedure Act, and as outlined in part 7520.0600. Amendments shall include a proposed general adjustment to all rates of pay in the professional and clerical salary schedules and specific comparability adjustments to all rates of pay for certain classes, as necessary, to correct compensation inequities based on comparable work value. The amended compensation plan shall be effective on the following January 1 or, for those agencies on a biweekly or four-week payroll period, on the beginning date of the first payroll period after the following January 1.

Subp. 3a. Employee salary adjustments.

Based on an annual review of adjustments to salary levels by employees with similar and competing types of employment and trends in the Twin City Consumer Price Index, the supervisor shall recommend a general salary adjustment for all employees on the professional and clerical salary schedules whose positions are not covered by the terms and conditions of a collective bargaining agreement. The recommended general salary adjustment shall be proposed in accordance with Minnesota Statutes, chapter 14, the Administrative Procedure Act, in an amount as provided in part 7520.0650, subpart 3. The adopted salary adjustment shall be effective on the following January 1 or, for those agencies on a biweekly or four-week payroll period, on the beginning date of the first payroll period after the following January 1.

Subp. 4.

[Repealed, 12 SR 1335]

Subp. 5. Plan adjustments.

The appointing authority may implement an adjusted compensation plan by adjusting the salaries of the employees to the same numerically designated salary rate on the adjusted plan that the employees were paid under the former plan.

Subp. 6.

[Repealed, 12 SR 1335]

History

• Statutory Authority: MS s 12.22
• History: 10 SR 1507; 12 SR 1335

Minn. R. 7520.0630 Negotiation of Salary Schedule

Subpart 1. Role of exclusive representative.

In those agencies where employees have elected an exclusive representative the appointing authority and the exclusive representative may negotiate their own salary schedules for employees in the bargaining unit by class, with the salary for each consistent with the functions outlined in the class specifications. Minimum, intervening, and maximum rates of pay for each shall be established to provide for steps in salary advancement without change of duty, in recognition of meritorious service. When a new classification not previously used in the agency is established in the middle of the contract period and the class falls within the bargaining unit and no provision exists in the contract for establishing those salaries, the appointing authority and the exclusive representative shall negotiate a salary schedule for the new classification within 60 days of the date of establishment of the classification.

Subp. 2. Filing.

A complete copy of the negotiated salary schedule must be filed with the supervisor within ten days after the signing of the contract or agreement. If the contract or agreement calls for succeeding increases in the salary schedule which change the original minimum and maximum salaries or intervening steps, a new adjusted salary schedule must be filed with the supervisor within ten days after the effective date of any such succeeding adjustment.

History

• Statutory Authority: MS s 12.22

Minn. R. 7520.0640 [Repealed, 22 SR 45]

[Repealed, 22 SR 45]

Minn. R. 7520.0650 Salary Adjustments and Increases

Subpart 1. Availability of funds.

Before salary increases and adjustments are made in accordance with this chapter or in accordance with a negotiated collective bargaining agreement, the civil defense authority shall have in its records and carry in its minutes a definite statement that funds for this purpose are available.

Subp. 2. Plan requirements.

In agencies where there is no exclusive representative or collective bargaining agreement, negotiated adjustments in the rates of pay of incumbents of positions, in order to conform to a newly adopted or currently effective compensation plan, shall be in accordance with items A to H.

A. If the rate of pay of an employee is below the minimum of the range prescribed for the employee's classification on the merit system compensation plan the rate shall be adjusted to that minimum.

B. If the rate of pay of an employee is at or above the new minimum salary adopted for the employee's class, the employee may receive the general merit system adopted adjustment and, if a class was adjusted to a greater extent than the general adopted adjustment, the class may receive the additional adjustment as provided in part 7520.0620, subpart 3, if the additional adjustment does not place the class salary over the new maximum adopted salary for the class.

C. If an appointing authority has determined that the general merit system adopted adjustment is inappropriate for its employees, it may grant a different adjustment; however, it must file with the supervisor the new salary steps by class. The adjustments shall at least place employees at the minimum salary and not over the maximum salary for their class.

D. Employees at the maximum salary for their class may be granted salary adjustments over the maximum salary prescribed for their class, only if a merit system adjustment is adopted and only in the amount adopted for incumbents of that class.

E. If the rate of pay of an employee is higher than the maximum of the range prescribed for the employee's class the rate may remain the same as long as the employee retains the same classification.

F. If the rate of pay of an employee falls between the minimum and maximum of the salary range prescribed for the employee's class but does not correspond to any intervening steps in the range due to the adoption of a merit system general adjustment the rate may remain the same. In the case of subsequent merit increases the employee shall be placed on a step in the adopted salary range for the employee's class.

G. Employees at or above the maximum salary rate for their class may be granted a salary adjustment only in the amount adopted by the merit system for all employees whose positions are not covered by the terms and conditions of a collective bargaining agreement. If an appointing authority wishes to grant a larger general adjustment to its employees than that adopted by the merit system, the appointing authority, by prior resolution, may grant that employee the annual equivalent of the difference between the merit system adopted adjustment for all employees and the agency adopted adjustment for its employees in the form of a single lump sum payment or lump sum salary payments commencing on the effective date of the general adjustment. The employee's base salary rate shall be equal to the employee's salary before the agency adjustment plus the merit system adopted adjustment.

H. An appointing authority may grant a salary increase within the salary range to an employee based upon unusual employment conditions that make the action necessary and the interests of the agency that will be served by the action. In granting this increase, the appointing authority shall give due consideration to the salary rates paid other employees in the same class in the agency and shall deny any request which does not assure equitable compensation for comparable work. Salary increases proposed according to this part are not based on employee performance or a general merit system adopted salary adjustment. The granting of the increase will not affect the employee's eligibility for subsequent merit increases or salary adjustments in accordance with merit system rules. If the unusual employment conditions justifying the increase are of a temporary nature the employee's salary shall be decreased to its previous level upon conclusion of those conditions, notwithstanding the provisions of part 7520.0670 or 9575.1180.

Subp. 3. Recommended adjustment.

The merit system general adjustment recommended for incumbents is three percent for employees on the professional and clerical salary schedules.

Subp. 4. Salary differentials.

Intra-agency salary differentials between employees in the same class of positions, between employees in different classes of positions in the same occupational field, and between occupational fields in the same agency are recognized as important factors in the maintenance of satisfactory morale. If the general adjustments result in the reduction of the differential between employees in the same class of positions or between employees in different classes of positions in the same occupational field, adjustments may be made that will, insofar as practicable, maintain differentials within the limits of the new plan. In maintaining differentials the appointing authority shall consider the length of service and quality of performance of the employee affected.

Subp. 5. Collective bargaining agreements.

In agencies where there is an exclusive representative and a negotiated salary schedule for employees in the bargaining unit, adjustments in the rates of pay of employees shall follow the wording of the contract or agreement.

History

• Statutory Authority: MS s 12.22
• History: 8 SR 1352; 9 SR 1339; 10 SR 1507; 11 SR 1075; 12 SR 1335; 14 SR 1806; 15 SR 838; 16 SR 2055; 17 SR 1829; 18 SR 2278; 19 SR 2090; 20 SR 2592; 22 SR 45; 23 SR 82; 23 SR 2404; 25 SR 487; 26 SR 812

Minn. R. 7520.0660 [Repealed, 22 SR 45]

[Repealed, 22 SR 45]

Minn. R. 7520.0670 Salary Decreases

Subpart 1. In general.

Except as otherwise negotiated by an agency and the exclusive representative, a salary decrease within the range prescribed for the class may be made only for just cause. A permanent employee shall be notified of the intent to effect a reduction in pay and the reasons for the action at least ten calendar days prior to the date on which the reduction becomes effective. A copy of the notice shall be sent to the supervisor. A permanent employee whose salary is reduced may request a hearing as provided in 12 MCAR S 2.508 D.

Subp. 2. Exemption.

Collective bargaining agreement provisions whereby a salary adjustment or salary increase is negotiated for a set period of time do not fall within the provisions of subpart 1.

History

• Statutory Authority: MS s 12.22

Minn. R. 7520.0680 [Repealed, 22 SR 45]

[Repealed, 22 SR 45]

Minn. R. 7520.0700 Salary Computation

Subpart 1.

[Repealed, 23 SR 82]

Subp. 2. Full-time and part-time employment.

All rates prescribed in parts 7520.1000 and 7520.1100 shall be standard rates for full-time employees except as otherwise negotiated for employees in a bargaining unit in agencies where there is an exclusive representative or under the provisions of part 7520.0650, subpart 2, item C. If employment in a position is on a part-time or intermittent basis, only the proportional part of the rate for the time actually employed shall be paid. The time may be paid on an hourly, working-day or proportion of a month basis.

Those agencies with an exclusive representative who negotiate different salary schedules from those shown in parts 7520.1000 and 7520.1100 under the provisions of the first paragraph of this subpart or those agencies operating under the provisions of part 7520.0650, subpart 2, item C shall file, within ten days after the signing of the contract, the schedules with the supervisor.

Subp. 3.

[Repealed, 23 SR 82]

Subp. 4. Part payment from another source.

When part of the compensation of a local civil defense employee regularly is paid from another source, such as a federal, state, city or county governmental department, or from a different fund or account outside the control of the local civil defense authority, the total salary from all governmental sources combined shall not exceed the amount payable at the maximum rate for the class of position involved on the compensation plan adopted by the agency.

Subp. 5.

[Repealed, 23 SR 82]

Subp. 6.

[Repealed, 23 SR 82]

Subp. 7.

[Repealed, 23 SR 82]

Subp. 8.

[Repealed, 23 SR 82]

History

• Statutory Authority: MS s 12.22
• History: 10 SR 1507; 17 SR 1279; 23 SR 82

Minn. R. 7520.0800 Appointments, Promotions, Demotions, Transfers, and Reinstatements

Subpart 1. Appointment.

The entrance salary for the original appointment, provisional appointment, or emergency appointment of a new employee shall be at the minimum salary for the class of positions to which the employee is appointed, except when appointments are made above the minimum.

An employee who is provisionally employed at a rate of pay other than the minimum of the range prescribed for the class shall not be reduced in pay at the time of appointment from a register to the class.

Subp. 2. Promotions.

The salary of an employee who is promoted shall be raised to the minimum rate of pay for the new class. If the salary before promotion falls within the range of the new class but not on any step within that range, the salary shall be adjusted to the next higher step.

Employees granted a salary increase after having been promoted may be permitted to retain that increase when returned to a lower class, if the salary does not exceed the maximum salary for the lower class.

Subp. 3. Demotions.

An employee who is demoted, except one demoted in accordance with part 7520.0530, and whose salary is above the maximum rate for the lower class shall be reduced in salary to at least the maximum rate for the new class. If the former salary is within the salary range for the lower class the same salary may be continued. An employee whose position is reclassified downward in accordance with part 7520.0530 and remains in the same position may retain the former salary if it is above the maximum salary rate for the lower class but shall be ineligible to receive any further increases except those subsequently provided in the new classification.

Subp. 4. Transfers.

An employee who is transferred may be paid the same salary received prior to transfer. If an employee's salary prior to transfer falls within the salary range of the class to which the employee is transferring but not on a salary step in that range, the employee's salary may be increased to the next higher step in the range but it shall not be lowered.

Subp. 5. Reinstatements.

A former employee who is reinstated or reemployed may be paid the same salary rate last received in the same class of positions if it coincides with a step in the current salary range for the class, or if it does not coincide, at the next higher step.

History

• Statutory Authority: MS s 12.22
• History: 17 SR 1279; 23 SR 82

Minn. R. 7520.0900 County Regulations

Any variation from the compensation plan adopted by the local civil defense authority shall be in accordance with the provisions of the merit system rules (see part 7520.0610).

History

• Statutory Authority: MS s 12.22

Minn. R. 7520.1000 Compensation Plan (emergency Management), 2001; Professional

Subpart 1. Plan.

Subp. 2.

[Repealed, 15 SR 838]

Subp. 3.

[Repealed, 15 SR 838]

History

• Statutory Authority: MS s 12.22
• History: 8 SR 1352; 9 SR 1339; 10 SR 1507; 11 SR 1075; 12 SR 1335; 13 SR 1688; 14 SR 1806; 15 SR 838; 15 SR 1699; 16 SR 2055; 17 SR 1829; 18 SR 2278; 19 SR 2090; 20 SR 2592; 22 SR 45; 23 SR 82; 23 SR 2404; 25 SR 487; 26 SR 812

Minn. R. 7520.1100 Compensation Plan (emergency Management), 2001; Clerical

Subpart 1. Plan.

Subp. 2.

[Repealed, 15 SR 838]

Subp. 3.

[Repealed, 15 SR 838]

History

• Statutory Authority: MS s 12.22
• History: 8 SR 1352; 9 SR 1339; 10 SR 1507; 11 SR 1075; 12 SR 1335; 13 SR 1688; 14 SR 1806; 15 SR 838; 15 SR 1699; 16 SR 2055; 17 SR 1829; 18 SR 2278; 19 SR 2090; 20 SR 2592; 22 SR 45; 23 SR 82; 23 SR 2404; 25 SR 487; 26 SR 812

Minn. R. 7520.1200 [Repealed, 23 SR 82]

[Repealed, 23 SR 82]

Chapter 7521 PUBLIC SAFETY OFFICER DEATH BENEFITS

Minn. R. 7521.0200 Determination of Claims

Subpart 1. Filing claim.

A claim for public safety officer death benefits under Minnesota Statutes, section 299A.44 must be on a form provided by the commissioner of public safety and must contain information relevant to the claimant's eligibility for benefits.

Certified copies of reports, certificates, and affidavits relevant to the claimant's eligibility for benefits must be filed with the claim form in order for the claim to be considered a complete claim.

A claim is considered to be filed upon receipt by the commissioner of a complete claim with the claim form signed by the claimant or the claimant's representative.

Subp. 2. Investigation by commissioner.

When a complete claim is filed, the commissioner shall determine whether the claimant is eligible for benefits. The commissioner shall make the inquiries or investigation necessary to make the determination. The commissioner shall base the determination on the information provided on the complete claim and by the investigation of the claim.

Subp. 3. Determination of eligibility.

On determining that the claimant is eligible for benefits, the commissioner shall initiate the payment procedure and inform the claimant. On determining that the claimant is not eligible for benefits, or that there is insufficient information on which to make a determination, the commissioner shall deny the claim and inform the claimant of the grounds for denial. The commissioner shall also give notice of a claim denial to the deceased officer's former employer and to the deceased officer's labor organization, if the claimant has consented in writing to the giving of this notice in the manner provided by Minnesota Statutes, section 13.05, subdivision 4, paragraph (d).

Subp. 4. Request for reconsideration.

The claimant, within 30 days after receiving a notice of denial from the commissioner, may submit additional information to the commissioner and request a reconsideration of the claim. Upon receipt of the additional information, the commissioner shall reevaluate the claim in light of the new information and shall perform additional inquiries or investigation as necessary. The commissioner shall affirm, modify, or reverse the previous determination and shall notify the claimant of the determination and its basis.

Subp. 5. Starting a contested case hearing.

A claimant may request a contested case hearing under Minnesota Statutes, chapter 14.

A claimant who has not requested reconsideration under subpart 4 shall submit a written request for a contested case hearing to the commissioner.

A claimant who has requested reconsideration under subpart 4 shall submit a written request for a contested case hearing to the commissioner.

History

• Statutory Authority: MS s 299A.46
• History: 16 SR 2618

Chapter 7522 PUBLIC SAFETY OFFICER; SOFT BODY ARMOR REIMBURSEMENT

Minn. R. 7522.0100 Applicability

This chapter applies to the department's vest reimbursement program under Minnesota Statutes, section 299A.38, and establishes the process for public safety officers and agencies to apply for and receive reimbursement for purchased vests.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Minn. R. 7522.0200 Definitions

Subpart 1. Scope and applicability.

For purposes of this chapter, the terms used have the meanings given in this part and Minnesota Statutes, section 299A.38, subdivision 1.

Subp. 2. Applicant.

"Applicant" includes a public safety officer and a public safety agency.

Subp. 3. Department.

"Department" means the Department of Public Safety.

Subp. 4. Fire department identification number.

"Fire department identification number" means the identification number assigned by the Minnesota State Fire Marshal to firefighter departments and listed in the National Fire Department Registry.

Subp. 5. Proof of active status.

"Proof of active status" means a letter from a public safety officer's agency attesting that the officer is a firefighter for the agency.

Subp. 6. Public safety agency or agency.

"Public safety agency" or "agency" means a governmental unit that employs a public safety officer.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Minn. R. 7522.0300 Application Notice and Application Period

Subpart 1. Application notice.

On or before July 1 each year, the commissioner must publish on the department's website a notice stating:

A. the funding amount available for reimbursement for applications submitted during the application period;

B. how much of the available funding is designated for applicants on the waiting list from the previous application period; and

C. the application period under subpart 2.

Subp. 2. Application period.

An application period runs from July 1 through June 30 for vests purchased within the previous 365 calendar days.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Minn. R. 7522.0400 Application Requirements

Subpart 1. Application form.

An applicant requesting reimbursement must apply on a form available on the department's website.

Subp. 2. Public safety officer applications.

A public safety officer requesting reimbursement must provide the following:

A. the officer's contact information;

B. the employer's name;

C. for a peace officer, the officer's license number issued by the Peace Officer Standards and Training Board;

D. for a qualified emergency medical service provider, proof of certification under Minnesota Statutes, section 144E.28, and proof of employment by a Minnesota-licensed ambulance service;

E. for a firefighter, proof of active status as a volunteer, paid on-call, part-time, or career firefighter and the agency's fire department identification number;

F. an invoice and proof of purchase according to subpart 5; and

G. any other information requested by the commissioner as needed to determine eligibility or to provide reimbursement under this chapter.

Subp. 3. Agency applications.

An agency requesting reimbursement for an employee must provide the following:

A. the agency's name;

B. an employer contact name and contact information;

C. for all reimbursement requests for the agency's employees:

D. any other information requested by the commissioner as needed to determine eligibility or to provide reimbursement under this chapter.

Subp. 4. Unavailable information.

If an applicant cannot provide the information required under this part, they must explain on the application why they cannot provide the information.

Subp. 5. Invoice and proof of purchase required.

A. With the application, an applicant must provide:

B. A packing slip does not constitute proof of purchase.

Subp. 6. Signature required.

An applicant must sign the application by hand or electronically.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Minn. R. 7522.0500 Public Safety Officers and Agencies; Reimbursement Eligibility

Subpart 1. Eligibility; generally.

In accordance with Minnesota Statutes, section 299A.38, subdivision 3, reimbursement is limited to public safety officers, or an agency applying on behalf of public safety officers, who:

A. do not own a vest meeting the requirements of part 7522.0600, subparts 1 and 2; or

B. own a vest that is at least five years old.

Subp. 2. Time limit to apply.

To be eligible for reimbursement, an applicant must apply for reimbursement within 365 calendar days of a vest's purchase.

Subp. 3. Reimbursement limits.

A public safety officer, including an officer being reimbursed by the officer's agency, may be reimbursed only once every five years. This subpart applies even if a public safety officer is eligible for additional reimbursement because the officer works for more than one agency or as more than one public safety officer.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Minn. R. 7522.0600 Vests; Reimbursement Eligibility

Subpart 1. Vest types eligible for reimbursement.

A. Vest types that meet the requirements under Minnesota Statutes, section 299A.38, subdivision 3, are eligible for reimbursement. Eligible vests must:

B. The National Institute of Justice's 2024 Compliant Products List: Ballistic Resistant Body Armor, and as subsequently amended, is incorporated by reference. The list is not subject to frequent change and is available on the department's website.

Subp. 2. Items ineligible for reimbursement.

The following vest-related items are ineligible for reimbursement:

A. tactical ballistic items;

B. unauthorized carriers;

C. vest alterations;

D. shipping costs; and

E. sales tax.

Subp. 3. Federal grants.

Nothing in this chapter prohibits an applicant from applying to a federal grant program for vest reimbursement.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Minn. R. 7522.0700 Reimbursement Amounts

A vest is eligible for a reimbursement amount in accordance with Minnesota Statutes, section 299A.38, subdivisions 2 and 2a. The adjusted reimbursement amounts are available on the department's website.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Minn. R. 7522.0800 Determining Reimbursement Eligibility

Subpart 1. Commissioner determination required.

Upon receiving an application, the commissioner must:

A. determine the applicant's eligibility according to this chapter; and

B. process the application according to subpart 2.

Subp. 2. Reimbursement order.

A. For each application period, applications must be prioritized and processed in the following order:

B. The commissioner must not consider an application until it contains all the information needed for the commissioner to determine the applicant's eligibility.

C. Subject to items A and B, applications must be reimbursed in the order that they are received.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Minn. R. 7522.0900 Reimbursement Method

Reimbursement funds must be disbursed either electronically or by United States mail.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Minn. R. 7522.1000 Funding Limits; Waiting List

Subpart 1. Funding limit.

For each application period, the commissioner may not disburse more funding than what has been appropriated to the department to administer this chapter for the applicable fiscal year.

Subp. 2. Public notice.

Upon disbursing all available appropriated amounts for the application period, the commissioner must publicly post on the department's website that the appropriation limit has been reached and that no more funds will be disbursed during the application period.

Subp. 3. Waiting list.

A. If there are more eligible applicants than available funding, the commissioner must place on a waiting list all eligible applicants that did not receive reimbursement during the application period for which the applicants applied. An applicant placed on the waiting list must be reimbursed during the next application period, subject to available funding, and according to part 7522.0800, subpart 2.

B. The commissioner must notify an applicant that the applicant has been placed on the waiting list and will be reimbursed during a subsequent application period, subject to available funding, and according to part 7522.0800, subpart 2.

History

• Statutory Authority: MS s 299A.38; L 2023 c 52 art 5 s 77
• History: 49 SR 496

Chapter 7525 CAPITOL SECURITY

Minn. R. 7525.0100 Definitions

Subpart 1. Scope.

As used in this chapter the following terms and phrases shall have the meanings as ascribed below.

Subp. 2. Authorized individuals.

"Authorized individuals" means persons empowered by state or local law or executive or legislative appointment to issue commands or directions to persons entering in or on designated property.

Subp. 3. Designated property.

"Designated property" means all state buildings and property of the Capitol area as defined by Minnesota Statutes, section 15B.02, and other state-owned or state-leased buildings and property within the Twin Cities metropolitan area as the governor from time to time may designate.

Subp. 4. Emergency authorities.

"Emergency authorities" means police, fire, and medical aid personnel and Capitol security guards.

Subp. 5. Normal working hours.

"Normal working hours" means where not otherwise expressly designated by the commissioner of administration, 8:00 a.m. to 5:00 p.m. Monday through Friday, and also for the Capitol building, 8:00 a.m. to 4:00 p.m. Saturday and Sunday.

History

• Statutory Authority: MS s 299E.01
• History: L 2003 c 17 s 2

Minn. R. 7525.0200 Purpose and Scope

Subpart 1. Purpose.

The purpose of this chapter is to protect the free, proper, and lawful access to, egress from, and proper use of public property, and to protect the conduct of public business, free from interference, disruption, or threat.

Subp. 2. Statutory reference.

This chapter is promulgated pursuant to Minnesota Statutes, section 624.72, subdivision 3, and acts related thereto. The scope of this chapter is intended to be consistent with Minnesota Statutes, sections 624.72 and 299E.01.

Subp. 3. Scope.

This chapter applies to all designated property and all persons on designated property.

History

• Statutory Authority: MS s 299E.01

Minn. R. 7525.0300 Enforcement Procedures and Responsibilities

Subpart 1. Recording presence.

All buildings shall be closed after normal working hours. Admission and presence in closed buildings will be limited to employees, emergency authorities, and persons having official business or attending approved public functions. Such persons may be required to sign the register and/or display identification documents when requested by the guard, security guard, or other authorized individual. During emergencies declared by the public officer supervising the particular building and approved thereafter by the commissioner of administration or the commissioner of public safety, buildings may be limited to emergency authorities.

Subp. 2. Submit to inspection.

When the commissioner of administration or the commissioner of public safety has so directed, persons in or on designated property may be required to submit to inspection any parcel, case, or bulky article of clothing that might be capable of concealing weapons, explosives, or other dangerous substances.

Subp. 3. Enforcement.

This chapter shall be enforced by the commissioner of administration on all designated property with the exception of security-related rules which, pursuant to Minnesota Statutes, section 299E.01, subdivision 3, shall be enforced by the commissioner of public safety upon all Capitol area property as defined by Minnesota Statutes, section 299E.01, subdivision 4.

History

• Statutory Authority: MS s 299E.01
• History: 17 SR 1279

Minn. R. 7525.0400 Prohibited Acts

The following acts in or on designated property are prohibited:

A. improper disposal of rubbish, spitting, creation of any hazard to persons or things, throwing of articles of any kind from a building, climbing upon any part of a building, and the willful destruction, damage, or removal of property or any part thereof;

B. conduct prohibited by any other applicable law or ordinance;

C. conduct that creates loud and unusual noise, or that obstructs the usual use of entrances, foyers, corridors, offices, elevators, stairways, and parking lots, or that otherwise tends to impede or disturb public employees in the performance of their duties, or that otherwise impedes or disturbs the public in its access to designated property;

D. the display or possession within buildings of signs, placards, or banners affixed or not affixed to a pole or stick within buildings that impedes or interferes with public employees in the performance of their duties, that impedes or disturbs the public in its access to designated property, or that obstructs the usual use of entrances, foyers, corridors, offices, elevators, stairways, and parking lots;

E. with the exception of peace officers and other individuals obtaining the approval of the commissioner of administration or the commissioner of public safety, carrying either openly or concealed, firearms, ammunition, or other dangerous or deadly weapons;

F. carrying explosives, either openly or concealed;

G. the presence of dogs and other animals, except seeing eye dogs, without the express prior approval of the commissioner of administration or a delegate; and

H. soliciting alms and contributions, commercial soliciting and vending of all kinds, and the display of private debts. This prohibition does not apply to national or local drives for funds for welfare, health, and other purposes sponsored or approved by the commissioner of administration, or to authorized concessions, or to personal notices posted by employees on authorized bulletin boards.

History

• Statutory Authority: MS s 299E.01
• History: 17 SR 1279

Minn. R. 7525.0500 Penalties and Compliance with Other Laws

Persons violating this chapter are subject to prosecution and penalties as provided by Minnesota Statutes, section 624.72, subdivision 5, and other applicable laws.

Nothing contained in this chapter shall be construed to abrogate any federal laws or regulations, applicable to any area in which designated property is situated.

History

• Statutory Authority: MS s 299E.01

Chapter 7570 GAMBLING DEVICES

Minn. R. 7570.0010 Definitions

Subpart 1. Scope.

For purposes of this chapter, the terms in subparts 2 to 7 have the meanings given them.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of the Department of Public Safety or an authorized agent.

Subp. 3. Director.

"Director" means the director of the Alcohol and Gambling Enforcement Division of the Department of Public Safety or an authorized agent.

Subp. 4. Distributor.

"Distributor" has the meaning given it in Minnesota Statutes, section 299L.01, subdivision 1, paragraph (f).

Subp. 5. Manufacturer.

"Manufacturer" has the meaning given it in Minnesota Statutes, section 299L.01, subdivision 1, paragraph (e).

Subp. 6. New gambling device.

"New gambling device" means a gambling device other than a used gambling device.

Subp. 7. Used gambling device.

"Used gambling device" means a gambling device five or more years old from the date of manufacture.

History

• Statutory Authority: MS s 299A.01; 299L.03
• History: 17 SR 2459; L 1997 c 129 art 2 s 15

Minn. R. 7570.0020 License Application, Issuance, and Renewal

Subpart 1. Contents of application.

An initial or renewal license application must be on a form provided by the commissioner and must meet the requirements in items A to T.

A. The application must contain the name and all business addresses and telephone numbers of the applicant.

B. The application must indicate whether the applicant is an individual, partnership, or corporation. If the applicant is an individual, the application must list the individual. If the applicant is a partnership, the application must list each general and limited partner. If the applicant is a publicly traded corporation, the application must list each director, officer, and shareholder holding a financial interest of five percent or more. If the applicant is a corporation that is not publicly traded, the application must list each director, officer, and shareholder.

C. The application must contain the full name, date of birth, social security number, and telephone number of each person listed under item B.

D. The application must contain the names and addresses of any holding corporation, subsidiary, or affiliate of the applicant, without regard to whether the holding corporation, subsidiary, or affiliate does business in Minnesota.

E. The application must contain a history of gambling licensure of each person, partnership, and corporation listed under item A, B, or D. The history must be of each gambling license applied for or issued by a federal, state, or local agency and must include the issuance and expiration dates of the license. If a gambling license application was denied, or a gambling license was suspended, canceled, revoked, or subject to any other licensing action other than issuance or renewal, the history must give the date and a full explanation of the basis for the licensing action.

F. The application must contain the criminal history of each person, partnership, and corporation listed under item A, B, or D. A criminal history must include each conviction and each pending charge for a felony or for a crime involving gambling.

G. The application must contain the following information with respect to each person, partnership, and corporation listed under item A, B, or D:

H. The application must contain the employment and residence history of each person listed under item B since the person was 18 years of age.

I. The application must indicate the class of license sought.

J. The application must be accompanied by the applicant's most recent financial information that shows the ownership and control of the applicant. The most recent state and federal income tax returns are acceptable.

K. The application must disclose the amounts and sources of all business financing and the terms of each agreement.

L. The application must contain the full name and address of each person employed by the applicant in a gambling related activity on a salary or commission basis.

M. The application must contain the full name and address of each person who has a right to share in the profits of the applicant including assignees, landlords, or persons to whom any interest or share of the profits has been pledged as security for a debt or deposited as security for the performance of any act or to secure the performance of a contract for sale.

N. The application must contain the full name and address of each person with an option to purchase a share of the business.

O. The application must be accompanied by the annual license fee set out in Minnesota Statutes, section 299L.07, subdivision 6.

P. The application must be accompanied by an authorization for release of personal information from each person, partnership, and corporation listed under item A, B, or D. The authorization must:

Q. If the applicant does not maintain a Minnesota office, the application must be accompanied by an irrevocable consent statement signed by the applicant stating that suits and actions relating to the subject matter of the application or acts or omissions arising from it may be commenced against the applicant in a court of competent jurisdiction in this state by service on the secretary of state of any summons, process, or pleadings authorized by the laws of this state.

R. The application must be accompanied by a report of all gambling devices kept under the control of the applicant in Minnesota. The contents of the report are set out in part 7570.0030, subpart 2.

S. The application must be accompanied by a completed tax information form required by the commissioner of revenue under Minnesota Statutes, section 270C.72.

T. Each person listed under item B shall sign and date the application, verifying that the information on the application is true. The signatures must be notarized.

Subp. 2. Submission of application.

An applicant must submit an application to the Alcohol and Gambling Enforcement Division of the department. An application is not complete until it meets the requirements of subpart 1.

Subp. 3. Investigation of applicant's information.

The director shall investigate an applicant, including the applicant's financial and business records. The applicant shall make records available to the director and shall allow the director to inspect any and all business premises of the applicant upon a request by the director.

Subp. 4. Licensing year; partial refund of fee if initial license issued after June 30.

The licensing year is a calendar year. A license issued under this chapter expires on December 31 of the year for which application is made. If an initial license is issued after June 30 of the year for which application is made, the commissioner shall refund one-half of the first annual fee.

Subp. 5. Investigation fee.

An applicant for an initial license must submit to the director at the time of application an investigation fee to cover the costs of the investigation authorized by Minnesota Statutes, section 299L.07, subdivision 5. The investigation fee is $1,500 if the applicant's main business location is in Minnesota and $5,000 if the applicant's main business location is outside of Minnesota. When the director determines that the costs of an investigation have exceeded or will likely exceed the amounts deposited under this part, the director shall send a written notice to the applicant containing a reasonable estimate of the additional costs of the investigation. The applicant shall remit the estimated amount to the director within ten days of receipt of the notice. If the applicant does not remit the amount within this time, the director shall discontinue the investigation until the applicant remits the amount. The commissioner shall not issue a license to an applicant who fails to remit an investigation fee required under this subpart. Upon completion of the investigation, the director shall promptly refund to the applicant any amount by which the investigation fees submitted by the applicant exceed the actual costs of the investigation. A person who applies for a manufacturer license and a distributor license at the same time must submit only one investigation fee.

Subp. 6. License classes.

There are six license classes, as follows:

A. distributor of 100 or fewer used devices;

B. distributor of more than 100 used devices;

C. distributor of 100 or fewer new, or new and used devices;

D. distributor of more than 100 new, or new and used devices;

E. manufacturer of 100 or fewer new devices; and

F. manufacturer of more than 100 new devices.

Subp. 7. Appropriate class of license required.

An appropriate class of license is required for each marketing level.

A. A person licensed as a distributor of 100 or fewer used devices must obtain a license to distribute more than 100 used devices if the person distributes more than 100 used devices in the licensing year. The person must obtain the additional license prior to distributing more than 100 devices in the licensing year. The fees paid by the licensee for the original license shall be credited by the commissioner toward the fees owed for the additional license.

B. A person licensed as a distributor of 100 or fewer new, or new and used devices must obtain a license to distribute more than 100 new, or new and used devices if the person distributes more than 100 new, or new and used devices in the licensing year. The person must obtain the additional license before distributing more than 100 devices in the licensing year. The fees paid by the licensee for the original license shall be credited by the commissioner toward the fees owed for the additional license.

C. A person licensed as a manufacturer of 100 or fewer new devices must obtain a license to manufacture more than 100 new devices if the person manufactures more than 100 new devices in the licensing year. The person must obtain the additional license before manufacturing more than 100 new devices in the licensing year. The fees paid by the licensee for the original license shall be credited by the commissioner toward the fees owed for the additional license.

D. A person licensed to distribute used devices must obtain the appropriate license to distribute new, or new and used devices if the person distributes a new device in the licensing year. The person must obtain the additional license before distributing a new device. The fees paid by the licensee for the original license shall be credited by the commissioner toward the fees owed for the additional license.

E. A person licensed to manufacture devices must obtain the appropriate license to distribute devices if the person distributes a device to anyone other than a licensed distributor. A person licensed to distribute devices must obtain the appropriate license to manufacture devices if the person manufactures a device. The person must obtain the additional license before beginning the other activity. The person must pay a separate license fee for each activity.

Subp. 8. Notice of change.

A licensee shall notify the commissioner of a change in any information concerning the licensee that is required to be contained in a license application. The notice must be on a form provided by the commissioner. One owner, partner, officer, director, or shareholder shall sign the notice, verifying that the information on the notice is true. The signature must be notarized. The licensee shall submit the notice so that it is received by the commissioner before the change occurs, unless this is not possible, in which case, the licensee shall give notice as soon as reasonable.

History

• Statutory Authority: MS s 299A.01; 299L.03
• History: 17 SR 2459; L 1997 c 129 art 2 s 15; L 2005 c 151 art 1 s 116

Minn. R. 7570.0030 Records Requirements

Subpart 1. Records kept on devices manufactured, sold, or distributed in Minnesota.

A licensee must keep records related to the manufacture, sale, or distribution of each gambling device that the licensee owns, sells, or distributes in Minnesota. The licensee must maintain and make these records available for the commissioner's inspection for three years after the device is sold or otherwise disposed of by the licensee. The records must be those used to prepare the reports required by subparts 2 and 3 and the records required by subpart 4.

Subp. 2. Report on devices stored in Minnesota.

A licensee must provide the commissioner with a report of all gambling devices kept under the licensee's control in Minnesota as of January 1, April 1, July 1, and October 1 of each year and at other times as requested by the commissioner. The licensee must submit the report so that it is received by the commissioner within 15 calendar days of the date specified. The report must contain the following information:

A. a complete description of the device, including name of the manufacturer, model number, serial number, type of device, and date of manufacture; and

B. the address of the place where the device is stored.

Subp. 3. Report on devices shipped to Minnesota.

A licensee must submit a report to the commissioner when the licensee ships a device into Minnesota. The licensee must submit or mail the report before or at the time of the shipment. The report must contain the following information:

A. a complete description of the device, including name of the manufacturer, model number, serial number, type of device, and date of manufacture;

B. the full name, address, and license number of the licensee shipping the device;

C. the method of shipment and, where applicable, the name of the carrier;

D. the full name, address, and, where applicable, license number of the person to whom the device is being sent; and

E. the destination of the device.

Subp. 4. Records required of licensed distributors of used devices.

A person licensed to distribute used devices may not own, possess, or distribute a device unless the licensee has records showing that the device is five or more years old.

History

• Statutory Authority: MS s 299A.01; 299L.03
• History: 17 SR 2459

Minn. R. 7570.0040 Inspection of Location, Records, and Devices

A licensee shall make the licensee's business premises, records, and gambling devices available to the commissioner for inspection during normal business hours. This part applies to locations at which the licensee conducts business, locations at which records related to the sale and shipment of gambling devices are kept, and locations at which gambling devices offered for distribution are stored. The commissioner is not required to give advance notice of an inspection.

History

• Statutory Authority: MS s 299A.01; 299L.03
• History: 17 SR 2459

Chapter 7580 EMERGENCY 911 COMMUNICATIONS SYSTEMS

Minn. R. 7580.0100 Definitions

Subpart 1. Scope.

For the purpose of this chapter, the terms defined in this part shall have the meanings given them.

Subp. 2. Automatic location identification (ALI).

"Automatic location identification" or "ALI" means the process of electronically identifying and displaying the name of the subscriber and the location, where available, of the calling telephone number to a person answering a 911 emergency call.

Subp. 3. Automatic location identification (ALI) database.

"Automatic location identification database" or "ALI database" means the set of ALI records residing on a computer system.

Subp. 4. Automatic number identification (ANI).

"Automatic number identification" or "ANI" means the process of electronically identifying and displaying on a special viewing screen the telephone number of the calling party's telephone to a 911 answering person as the call is being answered.

Subp. 5. Dedicated 911 trunk.

"Dedicated 911 trunk" means a telephone circuit which is used exclusively for the purpose of transmitting 911 calls.

Subp. 6. Default routing.

"Default routing" means the capability to route a 911 call to a PSAP designated as the default PSAP when the incoming 911 call cannot be selectively routed due to ANI failure or other cause.

Subp. 7. Busy hour; busy month.

"Busy hour" means a one-hour period during a 24-hour day where the number of 911 calls to the public safety answering point is usually a maximum. Similarly, "busy month" means the busiest month during a 12-month period.

Subp. 8. 911 service provider.

"911 service provider" means a 911 emergency telecommunications service provider that provides selective routing and ALI database services.

Subp. 9. No record found (NRF).

"No record found" or "NRF" means a condition where no ALI information is available for display at the PSAP.

Subp. 10. Public agency.

"Public agency" means any unit of local government or special purpose district located in whole or part within this state that provides or has authority to provide fire fighting, police, ambulance, medical, or other emergency services.

Subp. 11. PSAP or public safety answering point.

"PSAP" or "public safety answering point" means a communications facility operated on a 24-hour basis that first receives 911 calls from persons in a 911 service area and that may, as appropriate, directly dispatch public safety services or extend, transfer, or relay 911 calls to appropriate public safety agencies.

Subp. 12. PSAP manager.

"PSAP manager" means the person having day-to-day responsibility for the operation of the public safety answering point.

Subp. 13. Selective routing.

"Selective routing" means a process through which a 911 call is routed by means of a special telephone trunking and electronic equipment configuration to a predesignated public safety answering point.

Subp. 14. Service provider.

"Service provider" means a wire-line service provider, wireless service provider, packet-based service provider, or any other telecommunications or data service provider that directly accesses the 911 network through a selective router through dedicated trunk circuits or that accesses the 911 network under an arrangement with another service provider having direct access.

Subp. 15. Telephone exchange area.

"Telephone exchange area" means a specific geographic area designated by the Department of Commerce, which is served by one or more central offices.

Subp. 16. Telephone exchange area central office or central office.

"Telephone exchange area central office" or simply "central office" means the site of the telephone switching equipment and the switching equipment itself for a specific telephone exchange area.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: L 2001 1Sp4 art 6 s 1; 31 SR 1510; L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.0200 Purpose of Chapter

It is the purpose of this chapter to give effect to Minnesota Statutes, section 403.01 et seq. which requires each county within the Twin Cities metropolitan area to establish a 911 emergency telephone system on or before December 15, 1982, and each remaining county within the state to establish a 911 system on or before December 15, 1986.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.0300 Establishment of County 911 Planning Committee

Each county board of commissioners in the state of Minnesota shall establish a committee to develop 911 emergency telephone service plans for the county. The committee so established shall be known as the "county 911 planning committee." Members on this committee shall not be considered public officers or employees by virtue of their membership on the committee.

The county 911 planning committee shall include representation by emergency service providers and shall be responsible for developing the 911 telephone system plan as required by this chapter.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.0400 Submission of Final Plans

Each county shall submit a final plan to the Department of Administration and the Department of Public Service before December 15, 1979, and shall include the following information:

A. the mailing address of the county, the names of the members of the county 911 planning committee, the date the plan is submitted to the Department of Administration, the scheduled implementation date of 911 telephone service, and the signature of the person authorized to submit the county 911 plan;

B. a map of the county which shows the telephone exchange boundaries, and the PSAP location(s), and any other pertinent jurisdictional boundaries;

C. the name and mailing address of the agency operating each PSAP and the name and telephone number of the PSAP manager;

D. a description of the procedures and agreements for responding to 911 calls which are routed to a PSAP other than the one which serves the area from which the call originates;

E. a description of the 911 system routing and switching configuration with pertinent technical equipment specifications;

F. a description of the trunk routing, a description of the central office equipment to be used, and the trunk mileage computations if the proposed 911 system included selective routing;

G. an itemized list of estimated recurring and installation costs for all proposed telephone equipment and service (these estimates shall be provided by the telephone companies at no charge and shall be signed by an authorized telephone company employee);

H. a certification from the county board that the plan meets the requirements of those public service agencies whose services will be available by dialing 911;

I. a list of all participating agencies whose services will be available by dialing 911 with the following information for each listed agency:

J. a description of the secondary means of providing service in the event of the failure of either or both of the following: all or a portion of the 911 emergency telephone system; or failure of PSAP primary electrical power.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.0500 Design Standards

Subpart 1. Load.

The 911 system must be designed and operated to maintain a grade of service such that no more than one call out of 100 incoming calls will receive a busy signal on the first dialing attempt during the busy hour of an average week during the busy month.

Subp. 2. Emergency services included.

Where such services are available within a 911 service area, the 911 system must include the following services:

A. police services, which includes police, sheriff's departments, and state patrol;

B. firefighting services; and

C. emergency medical services, which includes ambulance service and first aid or other immediate response service provided directly to the caller. Other public safety and civil defense services may be included in the 911 system at the discretion of the public agency operating the PSAP.

Subp. 3. Hold.

PSAP answering equipment must enable answering personnel to place the 911 call on hold.

Subp. 4. Nonemergency number.

Each PSAP and each participating agency shall have at least one published telephone number to call for nonemergency services. One number may be shared by two or more participating agencies provided there is a cooperative agreement for call-answering responsibility.

Subp. 5. Automatic alarms.

Remote automatic alarm systems and other related devices must not be installed in such a manner that an automatic alarm signal is connected to the 911 trunks.

Subp. 6. Default routing.

The commissioner shall determine the number of trunked circuits and the designated default PSAP for routing 911 calls from each service provider.

A. The basic level of default routing coordination must be at the level of the selective router. The affected 911 service provider and representatives of the public safety answering points associated with the selective router shall recommend the default routing plan to the commissioner.

B. In determining the number of trunked circuits and in designating a primary default PSAP for a service provider, the commissioner shall:

History

• Statutory Authority: MS s 403.01 to 403.12
• History: 31 SR 1510; L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.0600 Operational Requirements

Subpart 1. Public information.

The PSAP manager and/or other designee of the county board shall prepare and implement a program of public information regarding 911 service prior to system implementation.

Subp. 2. Numbers.

911 shall be the number published in the telephone directory to call in order to receive emergency assistance within the area served by each 911 system. The PSAP manager may maintain a telephone number other than 911 as a backup number to call should the 911 system fail. If such backup service is provided, the designated number shall be published in the telephone directory as the alternate number to call to receive emergency assistance only when the 911 call cannot be completed.

Subp. 3. Service.

Each PSAP shall provide continuous service to all callers within its service area 24 hours each day, seven days a week. Any calls entering the 911 system not requiring the dispatching of a public safety service unit shall be referred to an administrative number.

Subp. 4. Referral of calls.

Any public safety agency with jurisdiction shall be notified immediately of any emergency within its jurisdiction.

Subp. 5. Recording calls.

The PSAP manager shall develop and maintain a system for recording 911 calls received by the PSAP. The records shall be retained for a period of at least 31 days from the date of the call and shall include the following information: date and time the call was received; nature of the problem; and action taken by the dispatcher. A magnetic tape recording will satisfy this requirement.

Subp. 6. Monitoring the service.

The PSAP manager shall monitor the 911 system grade of service so that the requirements as set forth in this part are met, and shall initiate modification of the system consistent with the provisions set forth in part 7580.1000 if they are not met. Telephone companies providing 911 telephone service shall measure and prepare a report regarding the 911 grade of service at the request of the PSAP manager. For operational purposes, the Department of Public Safety shall assume an average call duration time of 70 seconds per 911 call.

Subp. 7. Raising level of service.

If the measurement provided by the telephone company as set forth above indicates that the required level of service is not being met, the following steps shall be taken:

A. The serving telephone company shall prepare plans, specifications, and cost estimates to raise the level of service to the required level, and such information shall be provided to the PSAP manager.

B. The Department of Public Safety and the Department of Commerce shall be notified as provided in part 7580.1000. If a modification to the system contract is necessary, the provisions in part 7580.0900 shall be satisfied.

Subp. 8. Maintenance.

The PSAP shall be notified in advance by an authorized telephone company representative of any routine maintenance work to be performed which may affect the 911 system reliability or capacity. Any such work shall be performed during PSAP off-peak hours.

Subp. 9. Bills and payment.

All telephone companies providing 911 service shall submit separate itemized bills to the Department of Public Safety and the local unit of government operating each PSAP, as specified in the contract for 911 service. The Department of Public Safety shall pay only those recurring charges incurred by a PSAP which has been issued a certificate of plan approval which represent the actual service provided by the telephone company to achieve the level of service as specified in part 7580.0500, subpart 1. If a county selects a higher level of 911 telephone service, the costs of this added service shall be billed directly to the PSAP.

Subp. 10. Tone signals.

All tone signals provided to the 911 calling party shall be identical to tones received when making a regular call.

Subp. 11. ALI database standards.

A. A service provider shall provide accurate data to the 911 automatic location identification database with no more than 0.5 percent of all calls received by the 911 network during any calendar year resulting in a no record found (NRF) condition.

B. Every 911 service provider:

C. Every public safety answering point shall adopt a procedure for handling NRF 911 calls, which must include:

Subp. 12. ALI database records.

Each 911 service provider shall report annually, within 30 days of the end of each calendar year, to the commissioner the following information:

A. the total number of records maintained in the ALI database for all areas served by the service provider;

B. the total number of records maintained in the ALI database for each service provider based upon the National Emergency Number Association (NENA) company identification;

C. upon request, the number of records associated with each PSAP based upon emergency service number or other appropriate index for service provider based upon the National Emergency Number Association (NENA) company identification.

A 911 service provider who provides reports monthly to the commissioner is not required to submit a year-end report.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: L 2001 1Sp4 art 6 s 1; 31 SR 1510; L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.0700 Variance from Design Standards

Subpart 1. Request for variance.

All requests for a variance shall be submitted to the Department of Public Safety and the Department of Commerce in written form and shall contain the following information:

A. a description of the variance which is requested;

B. a specific reference to the subpart of the standard which is applicable;

C. a narrative explanation of the reason the variance is requested;

D. a resolution or copy of minutes of the county board which authorizes the application for a variance; and

E. the signature of the person authorized by the county to make application for the variance.

Subp. 2. Cause for granting variance.

A clear showing of either of the following shall serve as just cause for the granting of a variance:

A. The equipment of the serving telephone utility(ies) is of such design or state of repair that it is not possible or practical to design a 911 telephone system that conforms with established design standards. Application for variance based upon the above shall include a written statement from an officer of the serving utility(ies) setting forth the reasons the design standards cannot be met by the company.

B. The costs to local government of implementing a 911 telephone system in conformance with these standards would require a tax levy which would exceed the statutory local levy limit.

Subp. 3. Review of request.

Upon receipt of a request for a variance, the Department of Public Safety and, as appropriate, the Department of Commerce, shall evaluate the request and schedule an administrative review within 30 days of the date of receipt of the request for a variance.

The administrative review shall be informal and the petitioner may present materials, documents, and testimony in support of its request. The Department of Public Safety shall determine if the request meets the criteria established for granting a variance, and issue its decision within 30 days of the date of review.

Subp. 4. Results of review.

If the finding of the Department of Public Safety is that the request meets established criteria, a variance shall be granted and a notice of variance shall be issued. If the finding of the Department of Public Safety is that the request for variance does not meet established criteria, no variance shall be granted and written notice shall be issued setting forth the reasons for denial.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: L 2001 1Sp4 art 6 s 1; L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.0800 Waivers from Statutory Requirements

Subpart 1. Request for waiver.

A waiver from the requirements of Minnesota Statutes, sections 403.01 to 403.08 may be requested by a county, if federal or state financial assistance is not available to pay necessary costs as specified in part 7580.1100 and Minnesota Statutes, section 403.08.

Subp. 2. Form and contents of request.

All requests for a waiver shall be submitted to the Department of Public Safety in written form and shall contain the following information:

A. a narrative explanation with cost figures of the reason the waiver is requested; and

B. a resolution or copy of minutes of the county board which authorizes the application for waiver.

Subp. 3. Conditions.

The waiver, if granted, shall be conditioned on the continued nonavailability of state and/or federal assistance. Once a waiver has been granted, the county shall file an annual statement with the Department of Public Safety certifying the continued nonavailability of federal and/or state assistance. When assistance becomes available, the waiver shall extinguish and the county shall submit, within six months, a new implementation schedule, and if necessary, a revised final plan, to the Department of Public Safety.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.0900 System Contracts

Subpart 1. Contract required.

When ordering a 911 system or modifying an existing system, each county, together with the Department of Public Safety and the local government units operating the public safety answering points shall contract with the appropriate public utilities providing telephone service for implementation of the certified 911 system plan.

Subp. 2. List of costs.

The contract to implement a 911 system shall include an itemized list showing installation and recurring costs for all system features and hardware.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: L 2001 1Sp4 art 6 s 1; L 2002 c 372 s 21; L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.1000 Modification to Plan

Subpart 1. Notifying the department.

The PSAP manager through the local unit of government responsible for the operation of the PSAP shall notify the Department of Public Safety 30 days in advance of any proposed modification to the 911 system which would modify the plan as certified consistent with the provisions of part 7580.0400.

Subp. 2. Department's response.

Within 30 days of receipt of such proposed modification, the Department of Public Safety shall review it for consistency with the requirements of funding eligibility set forth in part 7580.1100, and issue its approval or disapproval. If the modifications are disapproved, such proposed changes shall be ineligible for funding assistance.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: L 2003 1Sp1 art 2 s 102 to 110

Minn. R. 7580.1100 Funding Eligibility; Payment of Recurring Costs

Subpart 1. General.

Recurring costs of providing minimum 911 telephone service shall be paid by the state, as described herein, consistent with available funding, provided an approved final plan is on file with the Department of Public Safety and a certificate of plan approval has been issued.

Subp. 2. Costs to be paid by state.

The following recurring costs shall be paid by the state:

A. The recurring costs associated with trunks and dial access trunk equipment necessary to provide the minimum grade of service as defined in part 7580.0500, subpart 1. Additionally, in those exchange areas where the minimum grade of service can be achieved with only one trunk due to extremely low population density, a second trunk, or a backup means of completing the 911 call if the first trunk is busy or inoperative, is eligible for state payment.

B. The recurring equipment and trunking costs associated with providing selective routing service to connected PSAPs from all telephone exchange central offices that are already connected to those PSAPs, or for all telephone exchange central offices that, without selective routing, would generate at least five redirected 911 calls per day.

Subp. 3. Formula for estimating number of redirected calls.

Should the number of redirected 911 calls be impossible to define by measurement, the following formula shall be used:

"A" equals the population living in that part of a telephone exchange geographic area not normally served by communications personnel at the public safety answering point. This figure can be determined by using census tract data or other appropriate means.

"B" equals the number of 911 telephone calls per 1,000 population per day in the geographic area of the telephone exchange. If that number is not available, the following method shall be used for estimating that number:

A. Three for all cities of the first class (as defined in Minnesota Statutes, section 410.01), or if the telephone exchange is located within ten air miles of the corporate boundaries of a city of the first class.

B. Two for an exchange located within a city containing a population of 25,000 or more, but not a city within ten air miles of a city of the first class; for an exchange located within five air miles of the corporate boundaries of a city with a population of 25,000 or greater, or for those exchanges located more than ten but less than 15 air miles from the corporate boundaries of a city of the first class. Determination of population shall be based upon the most current estimates of the state demographer. If such estimates are not available, population shall be based upon the latest federal or special census.

C. One for exchanges in those areas of the state not falling within the above classification. "C" equals the ratio of the number of 911 calls that will require redirection to the total number of 911 calls originating from that part of the telephone exchange geographic area not normally served by communications personnel at the PSAP.

Subp. 4. Request for further state payment.

A county may petition the Department of Public Safety for state payment of selective routing costs for those exchanges which do not qualify for funding under subpart 2, item B. Such petition will be considered as an application for variance and shall comply with the provisions contained in part 7580.0700, subpart 1. The Department of Public Safety shall evaluate such a request pursuant to the provisions of part 7580.0700, subparts 3 and 4, and shall grant a variance upon a clear showing by the petitioner of the following factors:

A. extraordinary circumstances affecting the provisions of emergency services such as the following:

B. the Department of Public Safety's assumption of such payments results in a clear and significant improvement in public safety.

Subp. 5. ANI information.

In any telephone exchange having the technological capacity for generating ANI information, the cost of transmitting such information from the originating exchange to the primary PSAP shall be eligible for state payment.

History

• Statutory Authority: MS s 403.01 to 403.12
• History: 20 SR 303; L 2003 1Sp1 art 2 s 102 to 110