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SF 1774

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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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:

Section 1.

Minnesota Statutes 2004, section 17.982,
subdivision 1, is amended to read:


Subdivision 1.

Criminal penalties.

A person who violates
new text begin 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.

Sec. 2.

Minnesota Statutes 2004, section 17.983,
subdivision 1, is amended to read:


Subdivision 1.

Administrative penalties; citation.

If a
person has violated 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 violateddeleted text begin ; state the time for correction;
deleted 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.

Sec. 3.

Minnesota Statutes 2004, section 17.983,
subdivision 3, is amended to read:


Subd. 3.

Contested case.

If a person appeals a citation
or a penalty assessment within the time limits in
deleted text begin 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.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 17.983, subdivision 2, is
repealed.
 new text end