Subdivision 1. Amount of penalty; considerations. (a) In determining the amount of a penalty under section 144.99, subdivision 4, the commissioner may consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, air, water, land, or other natural resources of the state;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the person by allowing or committing the violation; and
(6) other factors as justice may require, if the commissioner specifically identifies the additional factors in the commissioner's order.
(b) For a violation after an initial violation, the commissioner shall, in determining the amount of a penalty, consider the factors in paragraph (a) and the:
(1) similarity of the most recent previous violation and the violation to be penalized;
(2) time elapsed since the last violation;
(3) number of previous violations; and
(4) response of the person to the most recent previous violation identified.
Subd. 2. Contents of order. An order assessing an administrative penalty under section 144.99, subdivision 4, must include:
(1) a concise statement of the facts alleged to constitute a violation;
(2) a reference to the section of the statute, rule, variance, order, stipulation agreement, or term or condition of a permit that has been violated;
(3) a statement of the amount of the administrative penalty to be imposed and the factors upon which the penalty is based; and
(4) a statement of the person's right to review of the order.
Subd. 3. Corrective order. (a) The commissioner may issue an order assessing a penalty and requiring the violations cited in the order to be corrected within 30 calendar days from the date the order is received.
(b) The person to whom the order was issued shall provide information to the commissioner before the 31st day after the order was received demonstrating that the violation has been corrected or that the person has developed a corrective plan acceptable to the commissioner. The commissioner shall determine whether the violation has been corrected and notify the person subject to the order of the commissioner's determination.
Subd. 4. Penalty. (a) Except as provided in paragraph (b), if the commissioner determines that the violation has been corrected or the person to whom the order was issued has developed a corrective plan acceptable to the commissioner, the penalty must be forgiven. Unless the person requests review of the order under subdivision 5 before the penalty is due, the penalty in the order is due and payable:
(1) on the 31st day after the order was received, if the person subject to the order fails to provide information to the commissioner showing that the violation has been corrected or that appropriate steps have been taken toward correcting the violation; or
(2) on the 20th day after the person receives the commissioner's determination under paragraph (b), if the person subject to the order has provided information to the commissioner that the commissioner determines is not sufficient to show the violation has been corrected or that appropriate steps have been taken toward correcting the violation.
(b) For repeated or serious violations, the commissioner may issue an order with a penalty that will not be forgiven after the corrective action is taken. The penalty is due by 31 days after the order was received unless review of the order under subdivision 5 has been sought.
(c) Interest at the rate established in section 549.09 begins to accrue on penalties under this subdivision on the 31st day after the order with the penalty was received.
Subd. 5. Expedited administrative hearing. (a) Within 30 days after receiving an order or within 20 days after receiving notice that the commissioner has determined that a violation has not been corrected or appropriate steps have not been taken, the person subject to an order under this section may request an expedited hearing, using the procedures of Minnesota Rules, parts 1400.8510 to 1400.8612, to review the commissioner's action. The hearing request must specifically state the reasons for seeking review of the order. The person to whom the order is directed and the commissioner are the parties to the expedited hearing. The commissioner must notify the person to whom the order is directed of the time and place of the hearing at least 15 days before the hearing. The expedited hearing must be held within 30 days after a request for hearing has been filed with the commissioner unless the parties agree to a later date.
(b) All written arguments must be submitted within ten days following the close of the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in consultation with the agency, adopt rules specifically applicable to cases under this section.
(c) The administrative law judge shall issue a report making recommendations about the commissioner's action to the commissioner within 30 days following the close of the record. The administrative law judge may not recommend a change in the amount of the proposed penalty unless the administrative law judge determines that, based on the factors in subdivision 1, the amount of the penalty is unreasonable.
(d) If the administrative law judge makes a finding that the hearing was requested solely for purposes of delay or that the hearing request was frivolous, the commissioner may add to the amount of the penalty the costs charged to the agency by the Office of Administrative Hearings for the hearing.
(e) If a hearing has been held, the commissioner may not issue a final order until at least five days after receipt of the report of the administrative law judge. The person to whom an order is issued may, within those five days, comment to the commissioner on the recommendations and the commissioner will consider the comments. The final order may be appealed in the manner provided in sections 14.63 to 14.69.
(f) If a hearing has been held and a final order issued by the commissioner, the penalty shall be paid by 30 days after the date the final order is received unless review of the final order is requested under sections 14.63 to 14.69. If review is not requested or the order is reviewed and upheld, the amount due is the penalty, together with interest accruing from 31 days after the original order was received at the rate established in section 549.09.
Subd. 6. Mediation. In addition to review under subdivision 5, the commissioner is authorized to enter into mediation concerning an order issued under this section if the commissioner and the person to whom the order is issued both agree to mediation.
Subd. 7. Enforcement. (a) The attorney general may proceed on behalf of the state to enforce penalties that are due and payable under this section in any manner provided by law for the collection of debts.
(b) The attorney general may petition the district court to file the administrative order as an order of the court. At any court hearing, the only issues parties may contest are procedural and notice issues. Once entered, the administrative order may be enforced in the same manner as a final judgment of the district court.
(c) If a person fails to pay the penalty, the attorney general may bring a civil action in district court seeking payment of the penalties, injunctive, or other appropriate relief including monetary damages, attorney fees, costs, and interest.
Subd. 8. Revocation and suspension of permit, license, registration, or certificate. If a person fails to pay a penalty owed under this section, the agency has grounds to revoke or refuse to reissue or renew a permit, license, registration, or certificate issued by the department.
Subd. 9. Cumulative remedy. The authority of the agency to issue a corrective order assessing penalties is in addition to other remedies available under statutory or common law, except that the state may not seek civil penalties under any other provision of law for the violations covered by the administrative penalty order. The payment of a penalty does not preclude the use of other enforcement provisions, under which penalties are not assessed, in connection with the violation for which the penalty was assessed.
1993 c 206 s 9; 1994 c 465 art 1 s 18,19; 1995 c 165 s 10
Structure Minnesota Statutes
Chapter 144 — Department Of Health
Section 144.011 — Department Of Health.
Section 144.05 — General Duties Of Commissioner; Reports.
Section 144.0505 — Cooperation With Commissioner Of Human Services.
Section 144.051 — Data Relating To Licensed And Registered Persons.
Section 144.052 — Use Of Data.
Section 144.0525 — Epidemiologic Studies; Health Hazards; Health Surveillance.
Section 144.053 — Research Studies Confidential.
Section 144.0535 — Entry For Inspection.
Section 144.054 — Subpoena Power.
Section 144.055 — Home Safety Programs.
Section 144.056 — Plain Language In Written Materials.
Section 144.057 — Background Studies On Licensees And Other Personnel.
Section 144.058 — Interpreter Services Quality Initiative.
Section 144.059 — Palliative Care Advisory Council.
Section 144.06 — State Commissioner Of Health To Provide Instruction.
Section 144.061 — Early Dental Prevention Initiative.
Section 144.062 — Vaccine Cost Reduction Program.
Section 144.064 — The Vivian Act.
Section 144.065 — Prevention And Treatment Of Sexually Transmitted Infections.
Section 144.07 — Powers Of Commissioner.
Section 144.0721 — Assessments Of Care And Services To Nursing Home Residents.
Section 144.0724 — Resident Reimbursement Classification.
Section 144.074 — Funds Received From Other Sources.
Section 144.0742 — Contracts For Provision Of Public Health Services.
Section 144.0751 — Health Standards.
Section 144.077 — Mobile Health Care Providers.
Section 144.09 — Cooperation With Federal Authorities.
Section 144.092 — Coordinated Nutrition Data Collection.
Section 144.10 — Federal Aid For Maternal And Child Welfare Services.
Section 144.111 — Rules, Notice Published.
Section 144.12 — Regulation, Enforcement, Licenses, Fees.
Section 144.1201 — Definitions.
Section 144.1202 — United States Nuclear Regulatory Commission Agreement.
Section 144.1203 — Training; Rulemaking.
Section 144.1204 — Surety Requirements.
Section 144.1205 — Radioactive Material; Special Nuclear Material.
Section 144.121 — X-ray Machines; Other Sources Of Ionizing Radiation.
Section 144.1212 — Notice To Patient; Mammogram Results.
Section 144.1215 — Authorization To Use Handheld Dental X-ray Equipment.
Section 144.122 — License, Permit, And Survey Fees.
Section 144.1222 — Public Pools; Enclosed Sports Arenas.
Section 144.1225 — Advanced Diagnostic Imaging Services.
Section 144.123 — Fees For Diagnostic Laboratory Services; Exceptions.
Section 144.125 — Tests Of Infants For Heritable And Congenital Disorders.
Section 144.1251 — Newborn Screening For Critical Congenital Heart Disease (cchd).
Section 144.1255 — Heritable And Congenital Disorders.
Section 144.128 — Commissioner's Duties.
Section 144.14 — Quarantine Of Interstate Carriers.
Section 144.145 — Fluoridation Of Municipal Water Supplies.
Section 144.1461 — Dignity In Pregnancy And Childbirth.
Section 144.1464 — Summer Health Care Interns.
Section 144.1465 — Finding And Purpose.
Section 144.147 — Rural Hospital Planning And Transition Grant Program.
Section 144.1476 — Rural Pharmacy Planning And Transition Grant Program.
Section 144.148 — Rural Hospital Capital Improvement Grant Program.
Section 144.1481 — Rural Health Advisory Committee.
Section 144.1482 — Office Of Rural Health.
Section 144.1483 — Rural Health Initiatives.
Section 144.1485 — Database On Health Personnel.
Section 144.1492 — State Rural Health Network Reform Initiative.
Section 144.1493 — Nursing Grant Program.
Section 144.1501 — Health Professional Education Loan Forgiveness Program.
Section 144.1505 — Health Professionals Clinical Training Expansion Grant Program.
Section 144.1506 — Primary Care Residency Expansion Grant Program.
Section 144.1911 — International Medical Graduates Assistance Program.
Section 144.1912 — Greater Minnesota Family Medicine Residency Grant Program.
Section 144.193 — Inventory Of Biological And Health Data.
Section 144.212 — Definitions.
Section 144.213 — Office Of Vital Records.
Section 144.2131 — Security Of Vital Records System.
Section 144.215 — Birth Registration.
Section 144.2151 — Record Of Birth Resulting In Stillbirth.
Section 144.216 — Foundling Registration.
Section 144.217 — Delayed Records Of Birth.
Section 144.218 — Replacement Birth Records.
Section 144.2181 — Amendment And Correction Of Vital Records.
Section 144.221 — Death Registration.
Section 144.2215 — Minnesota Birth Defects Information System.
Section 144.2216 — Birth Defects Records And Reports Required.
Section 144.2217 — Classification Of Birth Defects Information.
Section 144.2218 — Transfers Of Information To Other Government Agencies.
Section 144.2219 — Transfers Of Information To Research Entities.
Section 144.222 — Reports Of Fetal Or Infant Death.
Section 144.223 — Report Of Marriage.
Section 144.225 — Disclosure Of Information From Vital Records.
Section 144.2252 — Access To Original Birth Record After Adoption.
Section 144.2255 — Certified Birth Record For Homeless Youth.
Section 144.29 — Health Records; Children Of School Age.
Section 144.291 — Minnesota Health Records Act.
Section 144.292 — Patient Rights.
Section 144.293 — Release Or Disclosure Of Health Records.
Section 144.294 — Records Relating To Mental Health.
Section 144.295 — Disclosure Of Health Records For External Research.
Section 144.296 — Copies Of Videotapes.
Section 144.297 — Independent Medical Examination.
Section 144.30 — Copies Of Records Evidence In Juvenile Court.
Section 144.32 — False Statements Cause For Discharge.
Section 144.334 — Right To Request Patient Information.
Section 144.3345 — Interconnected Electronic Health Record Grants.
Section 144.3351 — Immunization Data.
Section 144.3352 — Hepatitis B Maternal Carrier Data; Infant Immunization.
Section 144.336 — Registry Of Persons Typed For Human Leukocyte Antigens.
Section 144.34 — Investigation And Control Of Occupational Diseases.
Section 144.341 — Living Apart From Parents And Managing Financial Affairs.
Section 144.342 — Marriage Or Giving Birth, Consent For Health Service For Self Or Child.
Section 144.343 — Pregnancy, Venereal Disease, Alcohol Or Drug Abuse, Abortion.
Section 144.344 — Emergency Treatment.
Section 144.3441 — Hepatitis B Vaccination.
Section 144.345 — Representations To Persons Rendering Service.
Section 144.346 — Information To Parents.
Section 144.347 — Financial Responsibility.
Section 144.35 — Pollution Of Water.
Section 144.36 — Appeal To District Court.
Section 144.37 — Other Remedies Preserved.
Section 144.382 — Definitions.
Section 144.383 — Authority Of Commissioner.
Section 144.384 — Notice Of Violation.
Section 144.385 — Public Notice.
Section 144.3855 — Limitation.
Section 144.3872 — Female Genital Mutilation; Education And Outreach.
Section 144.391 — Public Policy.
Section 144.392 — Duties Of Commissioner.
Section 144.393 — Public Communications Program.
Section 144.394 — Health Promotion And Education.
Section 144.396 — Tobacco Use Prevention.
Section 144.397 — Statewide Tobacco Cessation Services.
Section 144.412 — Public Policy.
Section 144.413 — Definitions.
Section 144.414 — Prohibitions.
Section 144.416 — Responsibilities Of Proprietors.
Section 144.4165 — Tobacco Products Prohibited In Public Schools.
Section 144.4167 — Permitted Smoking.
Section 144.417 — Commissioner Of Health, Enforcement, Penalties.
Section 144.4172 — Definitions.
Section 144.4173 — Cause Of Action.
Section 144.4176 — Petition; Notice.
Section 144.4177 — Time Of Hearing And Duties Of Counsel.
Section 144.4178 — Criminal Immunity.
Section 144.4179 — Standard Of Proof; Evidence.
Section 144.4182 — Temporary Emergency Hold.
Section 144.4183 — Emergency Hold Hearing.
Section 144.4184 — Contact Data.
Section 144.4186 — Data Privacy.
Section 144.419 — Isolation And Quarantine Of Persons.
Section 144.4195 — Due Process For Isolation Or Quarantine Of Persons.
Section 144.4196 — Employee Protection.
Section 144.4197 — Emergency Vaccine Administration; Legend Drug.
Section 144.4198 — Mass Dispensing Under Authority Of Commissioner Of Health.
Section 144.4199 — Public Health Response Contingency Account.
Section 144.441 — Tuberculosis Screening In Schools.
Section 144.442 — Testing In School Clinics.
Section 144.445 — Tuberculosis Screening In Correctional Institutions.
Section 144.4803 — Definitions.
Section 144.4804 — Reporting Relating To Tuberculosis.
Section 144.4805 — Health Order; Rights Of Carrier And Respondent.
Section 144.4806 — Preventive Measures Under Health Order.
Section 144.4807 — Notice Of Obligation To Isolate Or Examine.
Section 144.4808 — Apprehend And Hold Order.
Section 144.4809 — Preliminary Hearing.
Section 144.4810 — Final Hearing.
Section 144.4811 — Periodic Review And Release From Detention.
Section 144.4812 — Costs Of Care.
Section 144.4813 — Data Privacy.
Section 144.49 — Violations; Penalties.
Section 144.492 — Definitions.
Section 144.494 — Designating Stroke Centers And Stroke Hospitals.
Section 144.4941 — St Segment Elevation Myocardial Infarction (stemi) Receiving Centers.
Section 144.495 — Formaldehyde Rules.
Section 144.496 — Minnesota Radon Awareness Act.
Section 144.4961 — Minnesota Radon Licensing Act.
Section 144.497 — St Elevation Myocardial Infarction.
Section 144.50 — Hospitals, Licenses; Definitions.
Section 144.51 — License Applications.
Section 144.55 — Licenses; Issuance, Suspension And Revocation.
Section 144.5509 — Radiation Therapy Facility Construction.
Section 144.551 — Hospital Construction Moratorium.
Section 144.552 — Public Interest Review.
Section 144.553 — Alternative Approval Process.
Section 144.554 — Health Facilities Construction Plan Submittal And Fees.
Section 144.561 — Description Of Certain Medical Facilities.
Section 144.562 — Swing Bed Approval; Issuance Of License Conditions.
Section 144.563 — Nursing Services Provided In A Hospital; Prohibited Practices.
Section 144.564 — Monitoring Of Subacute Or Transitional Care Services.
Section 144.565 — Diagnostic Imaging Facilities.
Section 144.566 — Violence Against Health Care Workers.
Section 144.572 — Institutions Excepted.
Section 144.573 — Pets In Certain Institutions.
Section 144.574 — Dangers Of Shaking Infants And Young Children.
Section 144.58 — Information, Confidential.
Section 144.581 — Hospital Authorities.
Section 144.585 — Methicillin-resistant Staphylococcus Aureus Control Programs.
Section 144.586 — Requirements For Certain Notices And Discharge Planning.
Section 144.591 — Disclosure Of Hospital Charges.
Section 144.602 — Definitions.
Section 144.603 — Statewide Trauma System Criteria.
Section 144.604 — Trauma Triage And Transportation.
Section 144.605 — Designating Trauma Hospitals.
Section 144.606 — Interhospital Transfers.
Section 144.6062 — Comprehensive Advanced Life Support.
Section 144.6071 — Trauma Registry.
Section 144.608 — Trauma Advisory Council.
Section 144.611 — Captioning Required.
Section 144.615 — Birth Centers.
Section 144.6501 — Nursing Home Admission Contracts.
Section 144.6502 — Electronic Monitoring In Certain Facilities.
Section 144.6503 — Facilities For Alzheimer's Disease Or Related Disorder.
Section 144.6505 — Subacute Care Waivers.
Section 144.651 — Health Care Bill Of Rights.
Section 144.6512 — Retaliation In Nursing Homes Prohibited.
Section 144.652 — Bill Of Rights Notice To Patient Or Resident; Violation.
Section 144.6521 — Disclosure Of Financial Interest.
Section 144.6522 — Designation Of A Caregiver.
Section 144.653 — Rules; Periodic Inspections; Enforcement.
Section 144.6535 — Variance Or Waiver.
Section 144.654 — Experts May Be Employed.
Section 144.655 — Program For Voluntary Medical Aid.
Section 144.656 — Employees To Be Compensated.
Section 144.657 — Volunteer Efforts Encouraged.
Section 144.658 — Epidemiologic Data Discovery.
Section 144.6581 — Determination Of Whether Data Identifies Individuals.
Section 144.6585 — Identification Of Health Care Providers.
Section 144.6586 — Notice Of Rights To Sexual Assault Victim.
Section 144.661 — Definitions.
Section 144.662 — Traumatic Brain Injury And Spinal Cord Injury Registry.
Section 144.663 — Duty To Report.
Section 144.664 — Duties Of Commissioner.
Section 144.665 — Traumatic Brain Injury And Spinal Cord Injury Data.
Section 144.671 — Cancer Surveillance System; Purpose.
Section 144.672 — Duties Of Commissioner; Rules.
Section 144.68 — Records And Reports Required.
Section 144.69 — Classification Of Data On Individuals.
Section 144.691 — Grievance Procedures.
Section 144.696 — Definitions.
Section 144.697 — General Powers And Duties Of State Commissioner Of Health.
Section 144.698 — Reporting Requirements.
Section 144.699 — Continuing Analysis.
Section 144.70 — Biennial Report.
Section 144.701 — Rate Disclosure.
Section 144.702 — Hospital And Outpatient Surgical Center Costs.
Section 144.7022 — Reporting Organizations; Penalty Orders.
Section 144.703 — Additional Powers.
Section 144.7055 — Staffing Plan Reports.
Section 144.7063 — Definitions.
Section 144.7065 — Facility Requirements To Report, Analyze, And Correct.
Section 144.7067 — Commissioner Duties And Responsibilities.
Section 144.7068 — Reports From Licensing Boards.
Section 144.7069 — Interstate Coordination; Reports.
Section 144.71 — Purpose; Definitions.
Section 144.73 — State Commissioner Of Health, Duties.
Section 144.74 — Rules, Standards.
Section 144.7401 — Definitions.
Section 144.7402 — Conditions For Applicability Of Procedures.
Section 144.7403 — Information Required To Be Given To Individuals.
Section 144.7404 — Disclosure Of Positive Blood-borne Pathogen Test Results.
Section 144.7405 — Consent Procedures Generally.
Section 144.7406 — Testing Of Available Blood.
Section 144.7407 — Blood Sample Collection For Testing.
Section 144.7408 — No Discrimination.
Section 144.7409 — Use Of Test Results.
Section 144.7411 — Test Information Confidentiality.
Section 144.7412 — Penalty For Unauthorized Release Of Information.
Section 144.7413 — Responsibility For Testing And Treatment; Costs.
Section 144.7414 — Protocols For Exposure To Blood-borne Pathogens.
Section 144.7415 — Penalties And Immunity.
Section 144.84 — Civil Service Classification.
Section 144.91 — Powers And Duties.
Section 144.92 — Grants Or Gifts.
Section 144.945 — Zika Preparedness And Response.
Section 144.95 — Mosquito Research Program.
Section 144.9501 — Definitions.
Section 144.9502 — Statewide Lead Surveillance System.
Section 144.9503 — Primary Prevention.
Section 144.9504 — Secondary Prevention.
Section 144.9505 — Credentialing Of Lead Firms And Professionals.
Section 144.9507 — Lead-related Funding.
Section 144.9509 — Enforcement.
Section 144.9512 — Lead Abatement Program.
Section 144.9513 — Healthy Housing Grants.
Section 144.966 — Early Hearing Detection And Intervention Program.
Section 144.98 — Accreditation Of Environmental Laboratories.
Section 144.989 — Title; Citation.
Section 144.991 — Administrative Penalty Order Procedure.
Section 144.992 — False Information.
Section 144.993 — Recovery Of Litigation Costs And Expenses.
Section 144.995 — Definitions; Environmental Health Tracking And Biomonitoring.
Section 144.996 — Environmental Health Tracking; Biomonitoring.
Section 144.997 — Biomonitoring Pilot Program.
Section 144.998 — Environmental Health Tracking And Biomonitoring Advisory Panel.