1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
A bill for an act
relating to agriculture; changing application of
certain penalties; changing certain procedures and
time limits; amending Minnesota Statutes 2004,
sections 17.982, subdivision 1; 17.983, subdivisions
1, 3; repealing Minnesota Statutes 2004, sections
17.983, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2004, section 17.982,
subdivision 1, is amended to read:
A person who violates
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a provision of new text end chapter new text begin 28A,new text end 29, 31, 31A, 31B, or 34 for which a
penalty has not been prescribed is guilty of a misdemeanor.
Minnesota Statutes 2004, section 17.983,
subdivision 1, is amended to read:
If a
person has violated new text begin a provision of new text end chapter new text begin 28A,new text end 29, 31, 31A,
31B, 32, or 34, the commissioner may issue a written citation to
the person by personal service or by certified mail. The
citation deleted text begin shall deleted text end new text begin must new text end describe the nature of the violation and the
statute or rule alleged to have been violated; state the time
for correctionnew text begin , if applicablenew text end ; and the amount of any proposed
fine. The citation must advise the person to notify the
commissioner in writing within 30 days if the person wishes to
appeal the citation. If the person fails to appeal the
citation, the citation is the final order and not subject to
further review.
Minnesota Statutes 2004, section 17.983,
subdivision 3, is amended to read:
If a person appeals a citation
or a penalty assessment within the time limits in
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subdivisions deleted text end new text begin subdivision new text end 1 deleted text begin and 2deleted text end , the commissionerdeleted text begin , within 40
days after receiving the appeal,deleted text end shall initiate a contested
proceeding under chapter 14. The report of the administrative
law judge is the final decision of the commissioner of
agriculture.
new text begin
Minnesota Statutes 2004, section 17.983, subdivision 2, is
repealed.
new text end