HF 2493

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:17pm

A bill for an act
relating to real estate appraisers; regulating certain investigation costs of the
commissioner of commerce; amending Minnesota Statutes 2014, section 45.027,
subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 45.027, subdivision 1, is amended to read:

Subdivision 1.

General powers.

In connection with the duties and responsibilities
entrusted to the commissioner, and Laws 1993, chapter 361, section 2, the commissioner
of commerce may:

(1) make public or private investigations within or without this state as the
commissioner considers necessary to determine whether any person has violated or is
about to violate any law, rule, or order related to the duties and responsibilities entrusted
to the commissioner;

(2) require or permit any person to file a statement in writing, under oath or otherwise
as the commissioner determines, as to all the facts and circumstances concerning the
matter being investigated;

(3) hold hearings, upon reasonable notice, in respect to any matter arising out of the
duties and responsibilities entrusted to the commissioner;

(4) conduct investigations and hold hearings for the purpose of compiling
information related to the duties and responsibilities entrusted to the commissioner;

(5) examine the books, accounts, records, and files of every licensee, and of every
person who is engaged in any activity regulated; the commissioner or a designated
representative shall have free access during normal business hours to the offices and
places of business of the person, and to all books, accounts, papers, records, files, safes,
and vaults maintained in the place of business;

(6) publish information which is contained in any order issued by the commissioner;

(7) require any person subject to duties and responsibilities entrusted to the
commissioner, to report all sales or transactions that are regulated. The reports must
be made within ten days after the commissioner has ordered the report. The report is
accessible only to the respondent and other governmental agencies unless otherwise
ordered by a court of competent jurisdiction; and

(8) assess a natural person or entity subject to the jurisdiction of the commissioner
the necessary expenses of the investigation performed by the department when an
investigation is made by order of the commissioner. The cost of the investigation shall
be determined by the commissioner and is based on the salary cost of investigators or
assistants and at an average rate per day or fraction thereof so as to provide for the total
cost of the investigation. All money collected must be deposited into the general fund.
A natural person licensed under chapter 60K deleted text begin or deleted text end new text begin , new text end 82 new text begin , or 82B new text end shall not be charged costs
of an investigation if the investigation results in no finding of a violation. This clause
does not apply to a natural person or entity already subject to the assessment provisions
of sections 60A.03 and 60A.031.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to investigations commenced or concluded on or after that date.
new text end