Subdivision 1. Cease and desist. (a) The board may issue a cease and desist order to stop a person from violating or threatening to violate a statute, rule, or order which the board has issued or has authority to enforce. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the board and is not reviewable by a court or agency.
(b) A hearing must be initiated by the board not later than 30 days from the date of the board's receipt of a written hearing request. Within 30 days of receipt of the administrative law judge's report, and any written agreement or exceptions filed by the parties, the board shall issue a final order modifying, vacating, or making permanent the cease and desist order as the facts require. The final order remains in effect until modified or vacated by the board.
(c) When a request for a stay accompanies a timely hearing request, the board may, in the board's discretion, grant the stay. If the board does not grant a requested stay, the board shall refer the request to the Office of Administrative Hearings within three working days of receipt of the request. Within ten days after receiving the request from the board, an administrative law judge shall issue a recommendation to grant or deny the stay. The board shall grant or deny the stay within five working days of receiving the administrative law judge's recommendation.
(d) In the event of noncompliance with a cease and desist order, the board may institute a proceeding in district court to obtain injunctive relief or other appropriate relief, including a civil penalty payable to the board, not to exceed $10,000 for each separate violation.
Subd. 2. Injunctive relief. In addition to any other remedy provided by law, including the issuance of a cease and desist order under subdivision 1, the board may in the board's own name bring an action in district court for injunctive relief to restrain an alcohol and drug counselor from a violation or threatened violation of any statute, rule, or order which the board has authority to administer, enforce, or issue.
Subd. 3. Additional powers. The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a counselor from criminal prosecution by a competent authority or from disciplinary action by the board.
2012 c 197 art 2 s 20
Structure Minnesota Statutes
Chapter 148F — Alcohol And Drug Counselors Licensing
Section 148F.01 — Definitions.
Section 148F.015 — Duties Of The Board.
Section 148F.02 — Duty To Maintain Current Information.
Section 148F.025 — Requirements For Licensure.
Section 148F.03 — Reciprocity.
Section 148F.035 — Temporary Permit.
Section 148F.04 — Supervised Postdegree Professional Practice.
Section 148F.045 — Alcohol And Drug Counselor Technician.
Section 148F.05 — License Renewal Requirements.
Section 148F.055 — Expired License.
Section 148F.06 — Voluntary Termination.
Section 148F.065 — Relicensure Following Termination.
Section 148F.07 — Inactive License Status.
Section 148F.075 — Continuing Education Requirements.
Section 148F.08 — Sponsor's Application For Approval.
Section 148F.085 — Nontransferability Of Licenses.
Section 148F.09 — Denial, Suspension, Or Revocation Of License.
Section 148F.095 — Additional Remedies.
Section 148F.10 — Cooperation.
Section 148F.105 — Prohibited Practice Or Use Of Titles; Penalty.
Section 148F.11 — Exceptions To License Requirement.
Section 148F.125 — Competent Provision Of Services.
Section 148F.13 — Protecting Client Privacy.
Section 148F.135 — Private Information; Access And Release.
Section 148F.14 — Informed Consent.
Section 148F.145 — Termination Of Services.
Section 148F.15 — Record Keeping.
Section 148F.155 — Impaired Objectivity Or Effectiveness.
Section 148F.16 — Provider Impairment.
Section 148F.165 — Client Welfare.
Section 148F.17 — Welfare Of Students, Supervisees, And Research Subjects.
Section 148F.175 — Medical And Other Health Care Considerations.
Section 148F.18 — Assessments; Tests; Reports.
Section 148F.185 — Public Statements.
Section 148F.19 — Fees; Statements.
Section 148F.195 — Aiding And Abetting Unlicensed Practice.
Section 148F.20 — Violation Of Law.