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Minnesota Efectrical~Act: Minnesota Statutes Sections 3266.31 to 3268.399; Minnesota Statutes Sections
<br />3268.081 to 3266.399: Enforcement; Minnesota Rules Chapters 3800 and 3801
<br />Page 31 of 57
<br />Subd. 12. Issuance of licensing orders; hearings related to licensing orders. (a) If the commissioner determines
<br />that a permit, license, registration, or certificate should be conditioned, limited, suspended, revoked, or denied
<br />under subdivision 11, or that the permit holder, licensee, registrant, or certificate ho{der should be censured,
<br />under subdivision 11, then the commissioner shall issue to the person an order denying, conditioning, limiting,
<br />suspending, or revoking the person's permit, license, registration, or certificate, or censuring the permit holder,
<br />licensee, registrant, or certificate holder.
<br />(b) Any order issued under paragraph (a) may include an assessment of monetary penalties and may require
<br />the person to cease and desist from committing the violation or committing the act, conduct, or practice set out
<br />in subdivision 11, paragraph (b). The monetary penalty may be up to $10,000 for each violation or act,
<br />conduct, or practice committed by the person. The procedures in section 3268.083 must be followed when
<br />issuing orders under paragraph (a).
<br />(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom the commissioner issues an
<br />order under paragraph (a) shall have 30 days after service of the order to request a hearing. The request for
<br />hearing must be in writing and must be served on or faxed to the commissioner at the address or fax number
<br />specified in the order by the 30th day after service of the order. If the person does not request a hearing or if
<br />the person's written request for hearing is not served on or faxed to the commissioner by the 30th day after
<br />service of the order, the ordec shall become a final order of the commissioner and wilt not be subject to review
<br />by any court or agency. The date on which a request for hearing is served by mail shall be the postmark date
<br />an the envelope in which the request for hearing is mailed. 1f the person submits to the commissioner a timely
<br />request for hearing, the order is stayed unless the commissioner summarily suspends the license, registration,
<br />certificate, or permit under subdivision 13, and a contested case hearing shall be held in accordance with
<br />chapter 14.
<br />Subd. 13. Summary suspension. In any case where the commissioner has issued an order to revoke, suspend,
<br />or deny a license, registration, certificate, or permit under subdivisions 11, paragraph (b), and 12, the
<br />commissioner may summarily suspend the person's permit, license, registration, or certificate before the order
<br />becomes final. The commissioner shall issue a summary suspension order when the safety of life or property is
<br />threatened or to prevent the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the
<br />public. The summary suspension shalE not affect the deadline for submitting a request for hearing under
<br />subdivision 12. If the commissioner summarily suspends a person's permit, license, registration, or certificate,
<br />a timely request for hearing submitted under subdivision 12 shall also be considered a timely request for
<br />hearing on continuation of the summary suspension. If the commissioner summarily suspends a person's
<br />permit, license, registration, or certificate under this subdivision and the person submits a timely request for a
<br />hearing, then a hearing on continuation of the summary suspension must be held within ten days after the
<br />commissioner receives the request for hearing unless the parties agree to a later date.
<br />Subd. 14. Plan for assessing penalties. The commissioner may prepare a plan for assessing penalties in
<br />orders issued under subdivision 7 or 12. The commissioner shall provide a 30-day period for public comment
<br />on any such plan. Penalties assessed by the commissioner in accordance with the plan shall be presumed
<br />• reasonable. '
<br />Subd. 15. Effect on other laws. Nothing in this section shall be construed to limit the application of other state
<br />or federal laws, including specifically but not exclusively section 270C.72, that require suspension of,
<br />revocation of, denial of, or refusal to renew a permit, license, registration, or certificate issued by the
<br />commissioner.
<br />Subd. 16. Misdemeanor penalties. Except as otherwise provided by law, a person who violates an applicable
<br />law is guilty of a misdemeanor.
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