Subdivision 1. Corrective order. (a) Before seeking an administrative penalty order under section 299A.802, the commissioner must issue a corrective order that requires the administrative agent to correct the violation of statute, rule, or other authority. The corrective order must state the deficiencies that constitute the violation of the specific statute, rule, or other authority, and the time by which the violation must be corrected. In addition to service by certified mail on the administrative agent, a copy of the corrective order must be given to the county auditor in the county where the administrative agent is located.
(b) The administrative agent to whom the corrective order was issued shall provide information to the commissioner, by the due date stated in the corrective order, demonstrating that the violation has been corrected or that the administrative agent has developed a corrective plan acceptable to the commissioner. The commissioner must determine whether the violation has been corrected and notify the administrative agent subject to the order of the commissioner's determination.
(c) If the administrative agent believes that the information contained in the commissioner's corrective order is in error, the administrative agent may ask the commissioner to reconsider the parts of the corrective order that are alleged to be in error. The request must:
(1) be in writing;
(2) be delivered to the commissioner by certified mail within seven calendar days after receipt of the corrective order;
(3) specify which parts of the corrective order are alleged to be in error and explain why they are in error; and
(4) provide documentation to support the allegation of error.
(d) The commissioner shall respond to requests made under paragraph (c) within 15 calendar days after receiving a request. A request for reconsideration does not stay the corrective order; however, after reviewing the request for reconsideration, the commissioner may provide additional time to comply with the order if necessary. The commissioner's disposition of a request for reconsideration of a corrective order is final.
Subd. 2. Cease and desist order. The commissioner, or an employee of the department designated by the commissioner, may issue an order to cease an activity otherwise authorized by statute, rule, or other authority if continuation of the activity would result in an immediate risk to public safety. A cease and desist order issued under this subdivision is effective for a maximum of 72 hours. In conjunction with issuing the cease and desist order, the commissioner may post a sign to cease an activity until the cease and desist order is lifted and the sign is removed by the commissioner. To restrain activities for a period beyond 72 hours, the commissioner must seek an injunction or take other administrative action authorized by law. The issuance of a cease and desist order does not preclude the commissioner from pursuing any other enforcement action available to the commissioner.
Subd. 3. Action for injunctive relief. In addition to any other remedy provided by law, the commissioner may bring an action for injunctive relief in the District Court in Ramsey County or, at the commissioner's discretion, in the district court in the county in which a violation of a statute, rule, or other authority has occurred to enjoin the violation.
1Sp2003 c 19 art 2 s 52
Structure Minnesota Statutes
Chapters 299A - 299N — Public Safety
Chapter 299A — Department Of Public Safety
Section 299A.01 — Department Of Public Safety; Creation, Organization.
Section 299A.015 — Duties Transferred From Other Agency.
Section 299A.017 — State Safety Oversight.
Section 299A.02 — Liquor Control Functions.
Section 299A.11 — Vehicle Transporting Wheelchair User; Definitions.
Section 299A.12 — Wheelchair Securement Device.
Section 299A.13 — Additional Safety Requirements.
Section 299A.14 — Vehicle Inspection.
Section 299A.15 — Aid And License Withheld.
Section 299A.17 — Misdemeanor.
Section 299A.291 — Definitions.
Section 299A.292 — Office Of Drug Policy And Violence Prevention.
Section 299A.294 — Responsibilities Of Council.
Section 299A.295 — Youth Neighborhood Centers; Pilot Projects.
Section 299A.296 — Community Crime Prevention Programs; Grants.
Section 299A.297 — Other Duties.
Section 299A.298 — Cooperation Of Other Agencies.
Section 299A.299 — Multidisciplinary Chemical Abuse Prevention Team.
Section 299A.2994 — Asian-american Juvenile Crime Prevention.
Section 299A.33 — Drug Abuse Resistance Education (dare) Program.
Section 299A.38 — Soft Body Armor Reimbursement.
Section 299A.41 — Definitions.
Section 299A.42 — Public Safety Officer's Benefit Account.
Section 299A.43 — Eligibility Determination; Contested Case.
Section 299A.44 — Death Benefit.
Section 299A.45 — Education Benefit.
Section 299A.465 — Continued Health Insurance Coverage.
Section 299A.47 — Claims Limitation.
Section 299A.475 — Posttraumatic Stress Syndrome Benefit.
Section 299A.477 — Hometown Heroes Assistance Program.
Section 299A.49 — Definitions.
Section 299A.50 — Response Plan.
Section 299A.51 — Liability And Workers' Compensation.
Section 299A.52 — Responsible Person.
Section 299A.55 — Railroad And Pipeline Safety; Oil And Other Hazardous Materials.
Section 299A.59 — Notice Of Multiple Law Enforcement Operations Conflicts.
Section 299A.61 — Criminal Alert Network.
Section 299A.62 — Community-oriented Policing (cops) Grant Program.
Section 299A.642 — Violent Crime Coordinating Council.
Section 299A.681 — Financial Crimes Advisory Board And Task Force.
Section 299A.70 — Public Safety Motor Vehicle Account.
Section 299A.705 — Driver And Vehicle Services Accounts.
Section 299A.706 — Alcohol Enforcement Account; Appropriation.
Section 299A.707 — Community Justice Reinvestment Account.
Section 299A.71 — Combating Juvenile Prostitution; Prevention Grants.
Section 299A.72 — Juvenile Justice Program.
Section 299A.73 — Grants-in-aid To Youth Intervention Programs.
Section 299A.76 — Suicide Statistics.
Section 299A.78 — Statewide Human Trafficking Assessment.
Section 299A.783 — Statewide Antitrafficking Investigation Coordination.
Section 299A.785 — Trafficking Study.
Section 299A.79 — Trafficking Study; Analysis And Use Of Data.
Section 299A.795 — Trafficking Victim Assistance.
Section 299A.7957 — Toll-free Hotline For Trafficking Victims.
Section 299A.80 — Administrative Powers And Penalties; General.
Section 299A.801 — Corrective Orders And Injunctions.
Section 299A.802 — Administrative Penalty Order.
Section 299A.81 — Death Scene Investigations.
Section 299A.85 — Office For Missing And Murdered Indigenous Relatives.