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~` ~#~~~,~ Legislature Home I Links to the Worid I Help I Advanced Search <br />'~. ,, Office of the Revisor o~f Statutes <br />v <br />House I Senate i Joint Departments and Commissions ( Bill Search and Status I Statutes, Laws, and Rufes <br />Minnesota Statutes Table o_f_Chapters Chapter 53A Table of Contents <br />53A.04, Minnesota Statutes 2006 <br />Copyright ©2006 by the Office of Revisor of Statutes, State of Minnesota. <br />53A.04 APPROVAL OR DENIAL OF AN APPLICATION. <br />(a) Within 30 days after the receipt of a complete application, the commissioner shall deny <br />the application or submit the application to the governing body of the local unit of government in <br />which the applicant is located or is proposing to be located. The commissioner may not approve <br />the application without the concurrence of the governing body. The governing body shall give <br />published notice of its intention to consider the issue and shall solicit testimony from interested <br />persons, including those in the community in which the applicant is located or is proposing to <br />be located. If the governing body has not approved or disapproved the issue within 60 days <br />of receipt of the application, concurrence is presumed. The commissioner must approve or <br />disapprove the application within 30 days from receiving the decision of the governing body. <br />The governing body shall have the sole responsibility for its decision. The state shall have no <br />responsibility for that decision. <br />(b) If the application is denied, the commissioner shall send by mail notice of the denial <br />and the reason for the denial to the applicant at the address contained in the application. If an <br />application is denied, the applicant may, within 30 days of receiving the notice of a denial, request <br />a contested case hearing pursuant to chapter 14; provided that if the denial is based upon the <br />refusal of the governing body to concur the governing body must afford the applicant a hearing. <br />The applicant shall have no right to the hearing provided for in this section if the denial is based <br />upon the governing body's refusal to concur but shall have a hearing before the governing body. <br />(c) This section applies to initial applications and renewal applications. <br />(d) The state shall have no responsibility for the action of the governing body. <br />History: 1989 c 247 s 4; 1992 c 504 s 4 <br />Please direct all comments concerning issues or legislation <br />to your House_Member or State__Senator. <br />For Legislative Staff or for directions to the Capitol, visit the Contact Us page. <br />General questions or comments. <br />