SF 3447

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 08:41am

A bill for an act
relating to construction trades; modifying civil penalties for unlicensed residential
construction work; authorizing rulemaking; amending Minnesota Statutes 2016,
section 326B.845, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 326B.845, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Cease and desist; penalties. new text end

new text begin (a) When the commissioner has probable cause
to believe that an unlicensed person knowingly violates sections 326B.802 to 326B.885,
the commissioner may issue and deliver to the unlicensed person a notice to cease and desist
from the violation.
new text end

new text begin (b) In addition to the unlicensed person under paragraph (a), the commissioner may
issue and deliver a notice to cease and desist to any person who aids and abets the unlicensed
practice of a profession by employing the unlicensed person.
new text end

new text begin (c) The commissioner may impose an administrative penalty not to exceed $5,000 per
incident pursuant to section 326B.082 or may issue a citation pursuant to the provisions of
paragraph (d). If the commissioner is required to seek enforcement of the notice for a penalty
pursuant to section 326B.082, the commissioner is entitled to collect attorney fees and costs,
together with any cost of collection.
new text end

new text begin (d) The commissioner shall adopt rules to permit the issuance of citations for unlicensed
practice of a profession under sections 326B.802 to 326B.885. The citation shall be issued
to the subject and shall contain the subject's name and any other information the
commissioner determines to be necessary to identify the subject, a brief factual statement,
the sections of the law allegedly violated, and the penalty imposed. If the subject does not
dispute the matter in the citation with the commissioner within 30 days after the citation is
served, the citation shall become a final order of the commissioner. The penalty shall be a
fine of not less than $500 or more than $5,000 or other conditions as established by rule.
The commissioner may recover the costs of investigation, in addition to any penalty provided
according to department rule as part of the penalty levied pursuant to the citation.
new text end

new text begin (e) For the purposes of this subdivision, each day that the unlicensed practice continues
after issuance of a citation or a cease and desist constitutes a separate violation or penalty.
new text end

new text begin (f) All penalties and costs collected under this section shall be deposited in a fund
designated to combat the unlicensed practice of a profession.
new text end