Subdivision 1. Authorization. The regulatory agency may issue correction orders that require a person subject to regulation under this chapter to correct violations of this chapter or rules, orders, stipulation agreements, settlements, compliance agreements, licenses, and permits adopted or issued by the regulatory agency.
Subd. 2. Contents of order. The correction order must include:
(1) a concise statement of the deficiencies alleged to constitute the violation;
(2) a reference to the section of law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit that has been violated;
(3) a statement of the time by and the manner in which the violation must be corrected; and
(4) a statement of the right to request a hearing under sections 14.57 to 14.62.
Subd. 3. Request for hearing; hearing; and final order. A request for hearing must be in writing, delivered to the regulatory agency by certified mail within 20 calendar days after the receipt of the correction order, and specifically state the reasons for seeking review of the order. The regulatory agency must initiate a hearing within 30 calendar days from the date of receipt of the written request for hearing. The hearing shall be conducted pursuant to the contested case procedures in sections 14.57 to 14.62. No earlier than ten calendar days after and within 30 calendar days of receipt of the presiding administrative law judge's report, the regulatory agency shall issue a final order modifying, vacating, or making permanent the correction order as the facts require. If, within 20 calendar days of receipt of the correction order, the person that is the subject of the order fails to request a hearing in writing, the correction order becomes the final order of the regulatory agency.
Subd. 4. Review of final order. A judicial review of the final order issued by the regulatory agency subsequent to a contested case hearing may be requested in the manner prescribed in sections 14.63 to 14.69. Failure to request a contested case hearing pursuant to subdivision 3 shall constitute a waiver of the right to further agency or judicial review of the final order.
Subd. 5. Reinspections and effect of noncompliance. If upon reinspection, or in the determination of the regulatory agency, it is found that any deficiency specified in a correction order has not been corrected by the person that is subject to the correction order, that person or entity is in noncompliance. The regulatory agency shall issue a notice of noncompliance and may impose any additional remedy available under this chapter.
1997 c 215 s 9; 2001 c 171 s 13
Structure Minnesota Statutes
Chapter 149A — Mortuary Science; Disposition Of Dead Bodies
Section 149A.01 — Purpose And Scope.
Section 149A.02 — Definitions.
Section 149A.03 — Duties Of Commissioner.
Section 149A.04 — Enforcement.
Section 149A.05 — Correction Orders.
Section 149A.06 — Administrative Penalty Orders.
Section 149A.07 — Injunctive Relief.
Section 149A.08 — Cease And Desist Order.
Section 149A.10 — Additional Remedies.
Section 149A.11 — Publication Of Disciplinary Actions.
Section 149A.20 — License To Practice Mortuary Science.
Section 149A.30 — Reciprocal Licensing.
Section 149A.40 — Renewal Of License To Practice Mortuary Science.
Section 149A.45 — Emeritus Registration For Mortuary Science Practitioners.
Section 149A.50 — License To Operate A Funeral Establishment.
Section 149A.51 — Renewal Of License To Operate A Funeral Establishment.
Section 149A.52 — License To Operate A Crematory.
Section 149A.53 — Renewal Of License To Operate Crematory.
Section 149A.54 — License To Operate An Alkaline Hydrolysis Facility.
Section 149A.55 — Renewal Of License To Operate An Alkaline Hydrolysis Facility.
Section 149A.60 — Prohibited Conduct.
Section 149A.61 — Complaints; Reporting Obligations; Form; Response.
Section 149A.62 — Immunity; Reporting.
Section 149A.63 — Professional Cooperation.
Section 149A.70 — Business Practices.
Section 149A.71 — Funeral Industry Practices; Price Disclosures.
Section 149A.72 — Funeral Industry Practices; Misrepresentations.
Section 149A.73 — Funeral Industry Practices, Goods, Or Services.
Section 149A.74 — Funeral Services Provided Without Prior Approval.
Section 149A.745 — Prohibition On Preinterment Of Outer Burial Containers.
Section 149A.75 — Funeral Industry Practices; Retention Of Documents.
Section 149A.76 — Funeral Industry Practices; Comprehension Of Disclosures.
Section 149A.80 — Death; Right To Control And Duty Of Disposition.
Section 149A.81 — Anatomical Gifts.
Section 149A.90 — Death; Registration And Removal From Place Of Death.
Section 149A.91 — Preparation Of Body.
Section 149A.92 — Preparation And Embalming Room.
Section 149A.93 — Transportation Of Dead Human Bodies.
Section 149A.94 — Final Disposition.
Section 149A.941 — Alkaline Hydrolysis Facilities And Alkaline Hydrolysis.
Section 149A.95 — Crematories And Cremation.
Section 149A.96 — Disinterment And Reinterment.