HF 1608

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public utilities; authorizing district
court to hear appeals of lesser utility fines;
amending Minnesota Statutes 2004, section 216D.08,
subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2004, section 216D.08,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin penalty deleted text end new text begin penalties new text end .

new text begin (a) new text end A person who is
engaged in excavation for remuneration or an operator other than
an operator subject to section 299F.59, subdivision 1, who
violates sections 216D.01 to 216D.07 is subject to a civil
penalty to be imposed by the commissioner not to exceed $1,000
for each violation per day of violation. new text begin The district court may
hear, try, and determine actions commenced under this section.
Trials under this section must be to the court sitting without a
jury.
new text end

new text begin (b) new text end An operator subject to section 299F.59, subdivision 1,
who violates sections 216D.01 to 216D.07 is subject to a civil
penalty to be imposed under section 299F.60.

Sec. 2.

Minnesota Statutes 2004, section 216D.08,
subdivision 2, is amended to read:

Subd. 2.

Settlement.

The commissioner may negotiate a
compromise settlement of a civil penalty. In determining the
amount of the penalty, or the amount of the compromise
settlement, the commissioner shall consider the appropriateness
of the penalty to the size of the business of the person
charged, the gravity of the violation, and the good faith of the
person charged in attempting to achieve compliance, after
notification of a violation. new text begin Unless the commissioner chooses to
proceed in district court under subdivision 1, new text end the contested
case and judicial review provisions of chapter 14 apply to the
orders of the commissioner imposing a penalty under sections
216D.01 to 216D.07. The amount of the penalty, when finally
determined, may be deducted from sums owing by the state of
Minnesota to the person charged.