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Proposed Rules Governing Radon Professional Licensing, Minnesota Rules, Chapter 4620, parts 7000 to 7950

The following Notice of Intent to Adopt will be published in the Minnesota State Register on June 4, 2018. The notice contains information about a possible hearing and how to submit comments regarding the rules.

The following documents are posted on our rulemaking web page: http://www.health.state.mn.us/divs/eh/indoorair/radon/rulemaking/rulesindex.html

Proposed Radon Licensing Rules
Statement of Need and Reasonableness (SONAR)
SONAR Appendix A: Measurement Professional Definition
SONAR Appendix B: List of Acronyms
Minnesota Department of Health

Division of Environmental Health

DUAL NOTICE: Notice of Intent to Adopt Rules Without a Public Hearing Unless 25 or
More Persons Request a Hearing, and Notice of Hearing if 25 or More Requests for
Hearing Are Received; Revisor’s ID Number 4353; OAH Docket Number 80-9000-35236

Proposed Rules Governing Radon Professional Licensing, Minnesota Rules, Chapter
4620, parts 7000 to 7950

Introduction. The Department of Health intends to adopt rules without a public hearing
following the procedures in the rules of the Office of Administrative Hearings, Minnesota Rules,
parts 1400.2300 to 1400.2310, and the Administrative Procedure Act, Minnesota Statutes,
sections 14.22 to 14.28. If, however, 25 or more persons submit a written request for a hearing
on the rules by 4:30 p.m. on July 6, 2018, the Department will hold a public hearing in Room B-
107, Orville L. Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55164,
starting at 9:30 AM on Tuesday, July 17, 2018. To find out whether the Department will adopt
the rules without a hearing or if it will hold the hearing, you should contact the agency contact
person after July 6, 2018 and before July 17, 2018.

Agency Contact Person. Submit any comments or questions on the rules or written
requests for a public hearing to the agency contact person. The agency contact person is: Joshua Kerber at Minnesota Department of Health, 625 Robert Street North, PO Box 64975, Saint Paul, MN, 55164-0975, (651) 201-5613, (651) 201-4606(fax), and joshua.kerber@state.mn.us.

You may also review the proposed rule and submit written comments via the Office of
Administrative Hearings Rulemaking e-comments website at
https://minnesotaoah.granicusideas.com/discussions.

Subject of Rules and Statutory Authority. The proposed rules are the licensure
requirements and work standards relating to indoor radon in Minnesota dwellings and other
buildings, with the exception of newly constructed homes. The statutory authority to adopt the
rules is Minnesota Statutes, section 144.4961, subdivision 3. A copy of the proposed rules is
published in the State Register. A free copy of the rules is available upon request from the
agency contact person listed above and on the agency’s website at:
http://www.health.state.mn.us/divs/eh/indoorair/radon/rulemaking/rulesindex.html.

Comments. You have until 4:30 p.m. on Friday, July 6, 2018, to submit written comment
in support of or in opposition to the proposed rules or any part or subpart of the rules. Your
comment must be in writing and received by the agency contact person by the due date.
Comment is encouraged. Your comments should identify the portion of the proposed rules
addressed, the reason for the comment, and any change proposed. You are encouraged to
propose any change that you desire. Any comments that you have about the legality of the
proposed rules must also be made during this comment period.

Request for a Hearing. In addition to submitting comments, you may also request that
the Department hold a hearing on the rules. You must make your request for a public hearing in writing, which the agency contact person must receive by 4:30 p.m. on Friday, July 6, 2018. You must include your name and address in your written request. In addition, you must identify the portion of the proposed rules that you object to or state that you oppose the entire set of rules. Any request that does not comply with these requirements is not valid and the agency cannot count it when determining whether it must hold a public hearing. You are also encouraged to state the reason for the request and any changes you want made to the proposed rules.

Withdrawal of Requests. If 25 or more persons submit a valid written request for a
hearing, the Department will hold a public hearing unless a sufficient number of persons
withdraw their requests in writing. If enough requests for hearing are withdrawn to reduce the
number below 25, the agency must give written notice of this to all persons who requested a
hearing, explain the actions the agency took to effect the withdrawal, and ask for written
comments on this action. If a public hearing is required, the agency will follow the procedures in
Minnesota Statutes, sections 14.131 to 14.20.

Alternative Format/Accommodation. Upon request, this information can be made
available in an alternative format, such as large print, braille, or audio. To make such a request or if you need an accommodation to make this hearing accessible, please contact the agency contact person at the address or telephone number listed above.

Modifications. The Department might modify the proposed rules, either as a result of
public comment or as a result of the rule hearing process. It must support modifications by data
and views submitted to the agency or presented at the hearing. The adopted rules may not be
substantially different than these proposed rules unless the Department follows the procedure
under Minnesota Rules, part 1400.2110. If the proposed rules affect you in any way, the
Department encourages you to participate in the rulemaking process.

Cancellation of Hearing. The Department will cancel the hearing scheduled for July 17,
2018, if the agency does not receive requests for a hearing from 25 or more persons. If you
requested a public hearing, the agency will notify you before the scheduled hearing whether the hearing will be held. You may also call the agency contact person at (651) 201-5613 after July 6, 2018 to find out whether the hearing will be held. On the scheduled day, you may check for whether the hearing will be held by calling (651) 201-4601 or going on-line at
http://www.health.state.mn.us/divs/eh/indoorair/radon/rulemaking/rulesindex.html.

Notice of Hearing. If 25 or more persons submit valid written requests for a public
hearing on the rules, the Department will hold a hearing following the procedures in Minnesota
Statutes, sections 14.131 to 14.20. The Department will hold the hearing on the date and at the
time and place listed above. The hearing will continue until all interested persons have been
heard. Administrative Law Judge LauraSue Schlatter is assigned to conduct the hearing. Judge
Schlatter’s Legal Assistant Katie Lin can be reached at the Office of Administrative Hearings,
600 North Robert Street, P.O. Box 64620, Saint Paul, Minnesota 55164-0620, telephone
(651)361-7911 and facsimile (651)539-0310, or katie.lin@state.mn.us.

Hearing Procedure. If the Department holds a hearing, you and all interested or affected
persons, including representatives of associations or other interested groups, will have an
opportunity to participate. You may present your views either orally at the hearing or in writing
at any time before the hearing record closes. All evidence presented should relate to the proposed rules. You may also submit written material to the Administrative Law Judge to be recorded in the hearing record for five working days after the public hearing ends. At the hearing the Administrative Law Judge may order that this five-day comment period is extended for a longer period but not more than 20 calendar days. Following the comment period, there is a five-working-day rebuttal period when the agency and any interested person may respond in writing to any new information submitted. No one may submit new evidence during the five-day rebuttal period. The Office of Administrative Hearings must receive all comments and responses submitted to the Administrative Law Judge via the Office of Administrative Hearings
Rulemaking e-comments website at https://minnesotaoah.granicusideas.com/discussions no
later than 4:30 p.m. on the due date. All comments or responses received will be available for
review at the Minnesota Department of Health or on the agency’s website at
http://www.health.state.mn.us/divs/eh/indoorair/radon/rulemaking/rulesindex.html. This rule
hearing procedure is governed by Minnesota Rules, parts 1400.2000 to 1400.2240, and
Minnesota Statutes, sections 14.131 to 14.20. You may direct questions about the procedure to the Administrative Law Judge.

The agency requests that any person submitting written views or data to the
Administrative Law Judge before the hearing or during the comment or rebuttal period also
submit a copy of the written views or data to the agency contact person at the address stated
above.

Statement of Need and Reasonableness. The statement of need and reasonableness
summarizes the justification for the proposed rules, including a description of who will be
affected by the proposed rules and an estimate of the probable cost of the proposed rules. It is
now available from the agency contact person. You may review or obtain copies for the cost of
reproduction by contacting the agency contact person or at the agency’s website:
http://www.health.state.mn.us/divs/eh/indoorair/radon/rulemaking/rulesindex.html.

Lobbyist Registration. Minnesota Statutes, chapter 10A, requires each lobbyist to
register with the State Campaign Finance and Public Disclosure Board. Ask any questions about this requirement of the Campaign Finance and Public Disclosure Board at: Suite #190,
Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155, telephone (651) 539-1180 or 1-800-657-3889.

Adoption Procedure if No Hearing. If no hearing is required, the agency may adopt the
rules after the end of the comment period. The Department will submit the rules and supporting
documents to the Office of Administrative Hearings for a legal review. You may ask to be
notified of the date the rules are submitted to the office. If you want either to receive notice of
this, to receive a copy of the adopted rules, or to register with the agency to receive notice of
future rule proceedings, submit your request to the agency contact person listed above.

Adoption Procedure after a Hearing. If a hearing is held, after the close of the hearing
record, the Administrative Law Judge will issue a report on the proposed rules. You may ask to
be notified of the date that the Administrative Law Judge’s report will become available, and can make this request at the hearing or in writing to the Administrative Law Judge. You may also ask to be notified of the date that the agency adopts the rules and the rules are filed with the Secretary of State by requesting this at the hearing or by writing to the agency contact person stated above.

Order. I order that the rulemaking hearing be held at the date, time, and location listed
above.

Signed by Commissioner Jan K. Malcolm on May 21, 2018