Subdivision 1. Criminal penalties. Any person, duly licensed or otherwise, who violates this chapter, for which violation a penalty has not been specifically set out, is guilty of a misdemeanor. Any subsequent violation is a gross misdemeanor.
Subd. 2. Civil penalties. (a) The commissioner, as an alternate to misdemeanor prosecution, may impose a civil penalty on a person who violates a statute or rule enforceable by the commissioner. For a first violation, the commissioner may impose a civil penalty of not more than $500 for each violation. For a second or succeeding violation, the commissioner may impose a penalty of not more than $1,000 for each violation.
(b) In determining the amount of the civil penalty, the commissioner may consider:
(1) the willfulness of the violation;
(2) the gravity of the violation;
(3) the person's history of past violations;
(4) the number of violations;
(5) the economic benefit from the violations; and
(6) other factors identified in the commissioner's citation.
(c) For a second or succeeding violation, the commissioner shall determine the amount of a penalty by considering the factors in paragraph (b) and:
(1) similarity between the violations;
(2) time elapsed since the last violation; and
(3) the person's response to the most recent violation.
1974 c 347 s 14; 1981 c 54 s 3; 1991 c 288 s 6
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Chapter 17A — Livestock Market Agency And Dealer Licensing
Section 17A.036 — Custodial Account For Shippers Proceeds.
Section 17A.05 — Amount Of Bonds.
Section 17A.06 — Claims Against Bonds.
Section 17A.07 — Prohibited Conduct.
Section 17A.08 — Record Keeping.
Section 17A.09 — Feeder Pig Markets.
Section 17A.10 — Livestock Scales And Weighing.
Section 17A.11 — Fees For Livestock Weighing.
Section 17A.12 — Weighmaster Qualifications.
Section 17A.13 — Gross Misdemeanors.
Section 17A.145 — Civil Penalty Procedures.
Section 17A.15 — Powers And Duties Of Commissioner.
Section 17A.151 — Duty To Prosecute.