2006 Minnesota Statutes

83.35 ENFORCEMENT; POWERS OF COMMISSIONER.
    Subdivision 1. Registration; revocation or suspension. After notice and hearing, the
commissioner may suspend or revoke a registration on finding that the subdivider or person has:
(1) violated any provision of sections 83.20 to 83.42, 83.43 and 83.44 or any lawful order or
rule of the commissioner;
(2) directly or through an agent or employee knowingly engaged in any false, deceptive,
or misleading advertising, promotional or sales methods to offer to dispose of an interest in
subdivided lands;
(3) made any material change in the advertising, plan of disposition, or development of the
subdivided lands subsequent to the order of registration without obtaining prior approval from the
commissioner;
(4) offered or sold any subdivided lands which have not been registered with the
commissioner unless the subdivided lands or sales thereof are exempt from registration pursuant
to section 83.26;
(5) been convicted, or if any of the subdivider's officers, directors, partners, principals,
or agents has been convicted, of a crime involving fraud, deception, false pretenses,
misrepresentation, false advertising, or dishonest dealing in real estate transactions, subsequent to
the time of the filing of the application for registration;
(6) disposed of, concealed, or diverted any funds or assets of any person so as to defeat
the rights of subdivision purchasers;
(7) failed faithfully to perform any stipulation or agreement made with the commissioner as
an inducement to grant any registration, to reinstate any registration, or to permit any promotional
plan or public offering statement;
(8) made misrepresentations or concealed material facts in an application for registration;
(9) permanently or temporarily been enjoined by any court of competent jurisdiction from
engaging in or continuing any conduct or practice involving any aspect of land sales; or
(10) failed to pay any filing or inspection fee required by sections 83.20 to 83.42, 83.43
and 83.44.
    Subd. 2. Service of process. When initiating a proceeding under subdivision 1, the
commissioner shall serve upon the subdivider or other person by personal service or by certified
mail, a written notice of hearing setting the date, time, and place of the hearing and a statement of
the allegations upon which the suspension or revocation will be based.
    Subd. 3.[Repealed, 1987 c 336 s 47]
    Subd. 4. Amendment; registration suspension. Upon receipt of an application to amend or
other information indicating a material change in the information on file with the commissioner,
and, if the commissioner determines such action to be necessary or appropriate in the public
interest or for the protection of purchasers, the commissioner may, by order, suspend the
registration until satisfied that the subdivider or subdivider's agent has made the proper changes in
the public offering statement, advertising, and promotional plan to provide full and fair disclosure
of the material change to the public.
    Subd. 5. Hearing. In the event the commissioner issues an order under subdivision 4, the
order shall include in its terms a provision for a hearing within 10 days of the date of the order,
specifying a date, time, and place for the hearing. Unless otherwise agreed, within 20 days of the
close of the hearing record, the commissioner shall issue an order either vacating, modifying, or
continuing the temporary order. If the temporary order is continued or modified the commissioner
shall state reasons therefor.
History: 1973 c 413 s 16; 1984 c 452 s 20; 1986 c 444