1.1 	A bill for an act
1.2 	relating to agriculture; changing application of
1.3 	certain penalties; changing certain procedures and
1.4 	time limits; amending Minnesota Statutes 2004,
1.5 	sections 17.982, subdivision 1; 17.983, subdivisions
1.6 	1, 3; repealing Minnesota Statutes 2004, sections
1.7 	17.983, subdivision 2.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 17.982,
1.10 	subdivision 1, is amended to read:
1.11 		Subdivision 1.Criminal penalties.  A person who violates
1.12 	a provision of chapter 28A,29, 31, 31A, 31B, or 34 for which a
1.13 	penalty has not been prescribed is guilty of a misdemeanor.

1.14 	Sec. 2. Minnesota Statutes 2004, section 17.983,
1.15 	subdivision 1, is amended to read:
1.16 		Subdivision 1.Administrative penalties; citation.  If a
1.17 	person has violated a provision of chapter 28A,29, 31, 31A,
1.18 	31B, 32, or 34, the commissioner may issue a written citation to
1.19 	the person by personal service or by certified mail.  The
1.20 	citation shall must describe the nature of the violation and the
1.21 	statute or rule alleged to have been violated; state the time
1.22 	for correction, if applicable; and the amount of any proposed
1.23 	fine.  The citation must advise the person to notify the
1.24 	commissioner in writing within 30 days if the person wishes to
1.25 	appeal the citation.  If the person fails to appeal the
1.26 	citation, the citation is the final order and not subject to
2.1 	further review.

2.2 	Sec. 3. Minnesota Statutes 2004, section 17.983,
2.3 	subdivision 3, is amended to read:
2.4 		Subd. 3.Contested case.  If a person appeals a citation
2.5 	or a penalty assessment within the time limits in
2.6 	subdivisions subdivision 1 and 2, the commissioner, within 40
2.7 	days after receiving the appeal,shall initiate a contested
2.8 	proceeding under chapter 14.  The report of the administrative
2.9 	law judge is the final decision of the commissioner of
2.10 	agriculture.

2.11 	Sec. 4. REPEALER.
 2.12 	Minnesota Statutes 2004, section 17.983, subdivision 2, is
2.13 	repealed.