Subdivision 1. Amount of penalty; considerations. In determining the amount of a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall consider the factors described in section 14.045, subdivision 3.
Subd. 2. Contents of administrative order and licensing order. (a) An administrative order and a licensing order must include:
(1) a summary of the facts that constitute the violation or violations;
(2) a reference to the applicable law that has been violated; and
(3) a statement of the person's right to request a hearing.
(b) An administrative order may include a requirement that the violation be corrected. If the order includes a requirement that the violation be corrected, then the order must include, in addition to any statements required under paragraphs (a) and (c), the deadline by which the violation must be corrected.
(c) An administrative order or a licensing order may assess monetary penalties. If the order assesses monetary penalties, then the order must include, in addition to any statements required under paragraphs (a) and (b):
(1) a statement of the amount of the monetary penalty imposed;
(2) a statement that, when the order becomes final, the commissioner may file and enforce the unpaid portion of a penalty as a judgment in district court without further notice or additional proceedings; and
(3) if the order is an administrative order, a statement of the amount of the penalty, if any, that will be forgiven if the person who is subject to the order demonstrates to the commissioner by the 31st day after the order is served that the person has corrected the violation or has developed a correction plan acceptable to the commissioner.
Subd. 3. Penalty. (a) If an administrative order includes a penalty assessment, then the penalty is due and payable on the date the administrative order becomes final unless some or all of the penalty is forgivable. If a licensing order includes a penalty assessment, then the penalty is due and payable on the date the licensing order becomes final.
(b) This paragraph applies if an administrative order includes a penalty assessment and all or a portion of the penalty is forgivable.
(1) If any portion of the penalty is not forgivable, that portion of the penalty is due and payable ten days after the date the administrative order becomes final.
(2) The commissioner shall forgive the forgivable portion of the penalty if the commissioner determines that the violation has been corrected within the time set by the order or the person to whom the order was issued has developed a correction plan acceptable to the commissioner within the time set by the order.
(3) If the commissioner determines that the person to whom the order was issued has failed to correct the violation within the time set by the order or has failed to develop a correction plan acceptable to the commissioner within the time set by the order, then the forgivable portion of the penalty is due and payable 20 days after the commissioner serves notice of the determination on the person or on the date the administrative order becomes final, whichever is later.
(c) This paragraph applies if an administrative order or a licensing order includes a penalty assessment and if the person subject to the order has requested a hearing. The administrative law judge may not recommend a change in the amount of the penalty if the penalty was assessed in accordance with a plan prepared under section 326B.082, subdivision 14. If the commissioner has not prepared a plan under section 326B.082, subdivision 14, then the administrative law judge may not recommend a change in the amount of the penalty unless the administrative law judge determines that, based on the factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
(d) The assessment 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.
2007 c 140 art 3 s 3; 2008 c 337 s 47
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 326B — Construction Codes And Licensing
Section 326B.01 — Definitions.
Section 326B.04 — Deposit Of Money.
Section 326B.07 — Construction Codes Advisory Council.
Section 326B.075 — Commissioner Not Subject To Subpoena.
Section 326B.081 — Definitions.
Section 326B.082 — Enforcement.
Section 326B.083 — Amount Of Penalty; Contents Of Administrative And Licensing Orders.
Section 326B.084 — False Information; Unlicensed Advertising.
Section 326B.085 — Recovery Of Litigation Costs And Expenses.
Section 326B.091 — Definitions.
Section 326B.0921 — Bond Requirements.
Section 326B.093 — Licenses Requiring Examination Administered By Commissioner.
Section 326B.094 — Renewal Of Licenses.
Section 326B.095 — Incomplete License Applications.
Section 326B.096 — Reinstatement Of Licenses.
Section 326B.097 — Prohibition Of Transfer.
Section 326B.098 — Continuing Education.
Section 326B.0981 — Continuing Education; Nondepartment Seminars.
Section 326B.099 — Continuing Education; Courses.
Section 326B.101 — Policy And Purpose.
Section 326B.103 — Definitions.
Section 326B.106 — General Powers Of Commissioner Of Labor And Industry.
Section 326B.107 — Public Buildings And State-licensed Facilities.
Section 326B.108 — Places Of Public Accommodation Subject To Code.
Section 326B.109 — Restroom Facilities.
Section 326B.112 — Bleacher Safety.
Section 326B.118 — Energy Code.
Section 326B.121 — State Building Code; Application And Enforcement.
Section 326B.124 — Exemptions.
Section 326B.125 — Exemption For Members Of Federally Recognized Tribes.
Section 326B.127 — State Building Official.
Section 326B.13 — Application Of Administrative Procedure Act.
Section 326B.133 — Building Officials.
Section 326B.135 — Construction Code Inspectors.
Section 326B.136 — Certain Inspections.
Section 326B.142 — Certain Certificates.
Section 326B.145 — Annual Report.
Section 326B.151 — Permit Fees, To Whom Applicable.
Section 326B.153 — Building Permit Fees.
Section 326B.16 — Enforcement Of Requirements For Persons With Disabilities.
Section 326B.163 — Definitions; Elevators.
Section 326B.166 — Elevator Inspection And Reporting.
Section 326B.172 — Licensing Authorities.
Section 326B.175 — Elevators, Entrances Sealed.
Section 326B.178 — Violations, Penalties.
Section 326B.184 — Fees For Licensure And Permit.
Section 326B.191 — Conflict Of Laws.
Section 326B.194 — Interstate Compact On Industrialized/modular Buildings.
Section 326B.197 — Bond Required For Certain Contractors.
Section 326B.31 — Definitions.
Section 326B.32 — Board Of Electricity.
Section 326B.34 — Alarm And Communication Systems.
Section 326B.35 — Safety Standards.
Section 326B.37 — Inspection Fee Schedule.
Section 326B.38 — Manufactured Electrical Parts; Exemption.
Section 326B.42 — Definitions.
Section 326B.43 — Plumbing Standards; Rules; Agreement With Municipality; Exemption.
Section 326B.435 — Plumbing Board.
Section 326B.437 — Reduced Pressure Backflow Prevention Rebuilders And Testers.
Section 326B.438 — Medical Gas Systems.
Section 326B.439 — Ban On Lead In Plumbing.
Section 326B.44 — Local Regulations.
Section 326B.45 — Violations To Be Reported To Commissioner.
Section 326B.46 — Licensing, Bond And Insurance.
Section 326B.47 — Unlicensed Individuals.
Section 326B.475 — Restricted Plumber License.
Section 326B.48 — Reciprocity With Other States.
Section 326B.49 — Applications, Fees.
Section 326B.50 — Definitions.
Section 326B.52 — Water Conditioning Contractor And Installer Standards.
Section 326B.53 — Local Regulations.
Section 326B.54 — Violations To Be Reported To Commissioner.
Section 326B.55 — Licensing; Qualifications; Rules.
Section 326B.555 — Registered Unlicensed Individuals.
Section 326B.56 — Bonding And Insurance.
Section 326B.58 — Fees; Renewal.
Section 326B.59 — State License; Examination; Application; Exemption.
Section 326B.701 — Construction Contractor Registration.
Section 326B.802 — Definitions.
Section 326B.805 — Licensing Requirements.
Section 326B.809 — Written Contract Required.
Section 326B.81 — Residential Roofers.
Section 326B.811 — Residential Roofing Contract; Right To Cancel.
Section 326B.814 — Rehabilitation Of Criminal Offenders.
Section 326B.821 — Continuing Education; Hours.
Section 326B.825 — Loss Of Qualifying Person.
Section 326B.83 — Application And Examination.
Section 326B.835 — Local Licenses.
Section 326B.84 — Grounds For Sanctions.
Section 326B.85 — Building Permit Conditioned On Licensure; Notice Of Permit Application.
Section 326B.855 — Service Of Process.
Section 326B.86 — Bond; Insurance.
Section 326B.865 — Sign Contractor; Bond.
Section 326B.87 — License Number; Advertising.
Section 326B.875 — Disclosures.
Section 326B.88 — Public Education.
Section 326B.885 — License Renewal.
Section 326B.89 — Contractor Recovery Fund.
Section 326B.90 — Department To Supervise High Pressure Piping.
Section 326B.91 — Definitions.
Section 326B.92 — Application, Permit, Filing, And Inspection Fees.
Section 326B.921 — Licensing And Registration.
Section 326B.922 — License Application And Renewal.
Section 326B.925 — Board Of High Pressure Piping Systems.
Section 326B.94 — Boats; Masters.
Section 326B.95 — Definitions.
Section 326B.953 — Inspection Personnel.
Section 326B.954 — Boiler Inspector License.
Section 326B.956 — Historical Boilers.
Section 326B.958 — Inspection And Registration.
Section 326B.961 — Triennial Audits And Team Leader Certifications.
Section 326B.964 — Standards Of Inspection.
Section 326B.966 — Inspection Procedures And Standards Of Repairs.
Section 326B.97 — Inspection Of Boilers And Pressure Vessels.
Section 326B.972 — License Requirement.
Section 326B.974 — School Engineer.
Section 326B.978 — Examinations; Classifications; Qualifications.
Section 326B.98 — Verification Of Certificate.
Section 326B.986 — Fees For Inspection.
Section 326B.988 — Exceptions.
Section 326B.99 — Report Of Insurer; Exemption From Inspection.
Section 326B.992 — Violations By Inspectors.
Section 326B.994 — Violations In Construction; Repair; Sale.