HF 3413

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to public safety; providing for appeal of state fire marshal decision to
suspend, revoke, or refuse fireworks operator permit; amending Minnesota
Statutes 2004, section 624.22, subdivision 8.

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

Section 1.

Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read:

Subd. 8.

Suspension, revocation, or refusal to renew certification.

new text begin (a) new text end The state
fire marshal may suspend, revoke, or refuse to renew certification of an operator if the
operator has:

(1) submitted a fraudulent application;

(2) caused or permitted a fire or safety hazard to exist or occur during the storage,
transportation, handling, preparation, or use of fireworks;

(3) conducted a display of fireworks without receipt of a permit required by the
state or a political subdivision;

(4) conducted a display of fireworks with assistants who were not at least 18 years of
age, properly instructed, and continually supervised; or

(5) otherwise failed to comply with any federal or state law or regulation, or the
guidelines, relating to fireworks.

new text begin (b) Any person aggrieved by a decision made by the state fire marshal under this
subdivision may petition the state fire marshal in writing to reconsider the decision. The
state fire marshal shall render a decision in writing within 30 days of receipt of the
written request for reconsideration. Following reconsideration, the person may appeal
the decision to the district court.
new text end