Cited by
Opinions in Minnesota that cite In re Pera Salary Determinations Affecting Retired & Active Employees, 820 N.W.2d 563.
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In the Matter of the PERA Police and Fire Plan Disability Application of Shana Stoler.
Minn. Ct. App. 2026
DECISION “For the purposes of appellate review, a public-retirement-fund board, like the PERA board of trustees, is analogous to an administrative agency.” (quotation omitted); see also In re Application of Hildebrandt for Duty-Related Corr.
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In the Matter of the Unadopted Rule Petition of Swimply;
Minn. Ct. App. 2026
MAPA “requires that administrative rules be promulgated by giving public notice and providing all interested persons an opportunity to submit comments .”
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In the Matter of the Petition of Todd Geske to Cease Enforcement of an Unadopted Rule Pursuant to …
Minn. Ct. App. 2025
“In either situation, the agency is not deemed to have promulgated a new rule, and the agency’s interpretation is not invalid, although it does not have the force and effect of law.” ( quotations and citation omitted).
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In the Matter of the Petition of Minnesota Association of Residential Services Homes (MARSH) under Minn. Stat. § …
Minn. Ct. App. 2025
DECISION “Administrative agencies generally formulate policy by promulgating administrative rules.” (PERA).
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City of White Bear Lake, Relator,
Minn. Ct. App. 2023
of City of Duluth, (stating that, because PERA is analogous to an administrative agency, we review PERA decisions using our standard of review for agency decisions); see also Minn. Stat. § 14.63 (2022) (providing right to judicial review of final agency decision in contested case).
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In re the Matter of the Petition of the Shakopee Mdewakanton Sioux Community for a Declaration that the …
Minn. Ct. App. 2023
We refer to administrative rules that went through MAPA’s notice-and-comment procedures as “promulgated rules” and admin istrative rules that did not as “unpromulgated rules.” 5 See, 573 (Minn. App. 2012).
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City of Minneapolis, Relator,
Minn. Ct. App. 2022
of City of Duluth, (stating that, because PERA is analogous to an administrative agency, we review PERA decisions using our standard of review for agency decisions); see also Minn. Stat. § 14.63 (2020) (providing a right to judicial review of a final agency decision in a contested case).
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Zayna Shire, et al., Appellants,
Minn. Ct. App. 2019
of City of Duluth , d 563, 570 (Minn. App. 2012).
- In re Minn. Living Assistance, Inc. 919 N.W.2d 87 Minn. Ct. App. 2018
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In re Minn. Living Assistance, Inc.
919 N.W.2d 87
Minn. Ct. App. 2018
See In re PERA Salary Determinations , , 570 (Minn. App. 2012).
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In re the Matter of the Appeal of Francis Matejcek, Respondent,
Minn. Ct. App. 2018
Our decision, explained that promulgated administrative rules “have the force and effect of law.” We stated the general 9 rule that unpromulgated administrative rules are “invalid and cannot be used as the basis for agency action.” Id.
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Elmore Truck and Trailer Repair, Inc., Relator (A16-1008), Dahl Trucking, Inc., Relator (A16-1009),
Minn. Ct. App. 2017
d 702, 706 (Minn. 2006) (holding that administrative income withholding to collect child support was not an “action”); (stating Public Employees Retirement Association board’s adjustment of contributions and benefits or recoupment of overpaid benefits is not an “action”).
- In the Matter of the Petition of Northern States Power Company, d/b/a Xcel Energy, for Approval of Its … Minn. Ct. App. 2016
- In the Matter of the Petition of Northern States Power Company, d/b/a Xcel Energy, for Approval of Its … Minn. Ct. App. 2016
- United States Steel Corporation, Relator v. Minnesota Pollution Control Agency Minn. Ct. App. 2015
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United States Steel Corporation, Relator v. Minnesota Pollution Control Agency
Minn. Ct. App. 2015
This is an “expansive definition.”
- Minnesota Transitions Charter School v. Commissioner of Minnesota Department of Education 844 N.W.2d 223 Minn. Ct. App. 2014
- Minnesota Transitions Charter School v. Commissioner of Minnesota Department of Education 844 N.W.2d 223 Minn. Ct. App. 2014