HF 2458

as introduced - 87th Legislature (2011 - 2012) Posted on 03/19/2012 03:15pm

A bill for an act
relating to state government; creating an advisory inspections process; proposing
coding for new law in Minnesota Statutes, chapter 15.

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

Section 1.

new text begin [15.985] ADVISORY INSPECTIONS.
new text end

new text begin (a) A state agency that has authority to impose a fine or penalty as a result of
an inspection must conduct an advisory inspection upon request of a person who is
potentially subject to the fine or penalty. If an advisory inspection results in findings that
potentially could make a person subject to a fine or other penalty imposed by the agency,
the agency must notify the person in writing of those findings within ten days of the
inspection. If within 60 days of receiving notice the person notifies that agency it has
corrected the situation that made the person potentially subject to the fine or penalty, and
the agency later determines that the situation is corrected, the agency may not impose a
fine or penalty as a result of the findings in the advisory inspection.
new text end

new text begin (b) For purposes of this section:
new text end

new text begin (1) "inspection" includes an examination of real or personal property, or an audit or
other examination of financial or other documents;
new text end

new text begin (2) "penalty" includes a civil or administrative fine or other sanction, a cease and
desist order, or other injunctive-type relief;
new text end

new text begin (3) "person" includes a real person and businesses, including corporations,
partnerships, limited liability companies, and unincorporated associations; and
new text end

new text begin (4) "state agency" means a department, agency, board, commission, constitutional
office, or other group in the executive branch of state government.
new text end

new text begin (c) If an agency revises, amends, extends, or adds additional violations to a notice,
the person has 60 days from the date of those changes to correct the situation without
fine or penalty.
new text end

new text begin (d) This section does not apply to:
new text end

new text begin (1) criminal penalties;
new text end

new text begin (2) situations in which implementation of this section is prohibited by federal law or
would result in loss of federal funding or other federal sanctions;
new text end

new text begin (3) conduct constituting fraud;
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new text begin (4) violations in a manner that endangers a human life;
new text end

new text begin (5) violations that are part of a pattern that has occurred repeatedly, shows willful
intent, and for which it may be demonstrated that the alternative inspections process is
being used to avoid enforcement;
new text end

new text begin (6) violations that occur within three years of violating an applicable law; and
new text end

new text begin (7) the Department of Revenue.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end