Agenda - Council - 06/08/2010 - Laserfiche WebLink

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Minnesota Electrical Act: Minnesota Statutes Sections 326B.31 to 3266.399; Minnesota Statutes Sections 3266.081 to 3266.399: Enforcement; Minnesota Rules Chapters 3800 and 3801 Page 29 of 57 (c) The administrative law judge shall issue a report making findings of fact, conclusions of law, and a recommended•order to•the commissioner within 30 days following the completion of the hearing, the receipt of late-filed exhibits, or the submission of written arguments, whichever is later. (d) If the administrative law judge makes a finding that the hearing was requested solely for purposes of delay or that the hearing request was frivolous, the commissioner may add to the amount of the penalty the costs charged to the department by the Office of Administrative Hearings for the hearing. (e) If a hearing has been held, the commissioner shall not issue a final order until at least five days after the date of the administrative law judge's report. Any person aggrieved by the administrative law judge's report may, within those five days, serve written comments to the commissioner on the report and the commissioner shall consider and enter the comments in the record. The commissioner's final order shall comply with sections 14.61, subdivision 2, and 14.62, subdivisions 1 and 2a, and may be appealed in the manner provided in sections 14.63 to 14.69. Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the commissioner may bring an action for injunctive relief in the Ramsey County District Court or, at the commissioner's discretion, in the district court in the county in which the commissioner has determined a violation of the applicable .law has occurred or is about to occur to enjoin the violation. A temporary restraining order and other injunctive relief shall be granted by the district court if the court determines that a person has engaged in or is about to engage in an act, conduct, or practice constituting a violation of the applicable law. The commissioner shat[ not be • ,required to show irreparable harm. Subd. 10. Stop orders. (a) ff the commissioner determines based on an inspection or investigation that a person has violated or is about to violate the applicable law, the commissioner may issue to the person a stop order requiring the person to cease and desist from committing the violation. (b) If the commissioner determines that a condition exists on real property that violates the applicable law,,the commissioner may issue a stop order to the owner or Lessee of the real property to cease and desist from committing the violation and to correct the condition that is in violation. (c) The commissioner shall issue the stop work order by: (1) serving the order on the person who has committed or is about to commit the violation; (2) posting the order at the location where the violation was committed or is about to be committed or at the . location where the violating condition exists; or (3) serving the order on any owner or lessee of the real property where the violating condition exists. {d) A stop order shat!: {1) describe the act, conduct, or practice committed or about to be committed, or the condition, and include a reference to the applicable law that the act, conduct, practice, or condition violates or would violate; and. (2) provide notice that any person aggrieved by the stop order may request a hearing as provided in paragraph (e). (e) Within 30 days after the commissioner issues a stop order, any person aggrieved by the order may request an expedited hearing to review the commissioner's action. The request for hearing must be made in writing and must be served on or faxed to the commissioner at the address or fax number specked in the order. If the person does not request a hearing or if the person's written request for hearing is not served on or faxed to the commissioner on or before the 30th day after the commissioner issued the stop order, the order will become a final order of the commissioner and will not be subject to review by any court or agency. The date on which a request for hearing is served by mail is the postmark date on the envelope in which the request for hearing is mailed. The hearing, request must specifically state the reasons for seeking review of the order. The person who requested the hearing and the commissioner are the parties to the expedited hearing. The hearing shall be commenced within ten days after the commissioner receives the request for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this subdivision. The administrative law judge shall issue a report containing findings of fact, conclusions of law, and a recommended order within fen days after the completion of the hearing, the receipt of late-filed exhibits, or the submission of written arguments, whichever is later.