SF 538

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; requiring the refund of 
  1.3             license fees to certain applicants if licenses are not 
  1.4             issued within six weeks; proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 15. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [15.442] [REFUNDS OF LICENSE FEES.] 
  1.8      Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  1.9      (1) "agency" has the meaning given it in section 16B.01, 
  1.10  subdivision 2; 
  1.11     (2) "applicant" means an individual; a small business as 
  1.12  defined by section 645.445; or a family farm, family farm 
  1.13  corporation, or family farm partnership as defined by section 
  1.14  500.24, subdivision 2; 
  1.15     (3) "license" means a license, permit, variance, order, or 
  1.16  other document or agency action required to permit an applicant 
  1.17  to engage in certain conduct, perform an action, or refrain from 
  1.18  performing an action; and 
  1.19     (4) "fee" means an amount of money paid for a license as 
  1.20  defined in clause (3) that covers the cost of processing, 
  1.21  investigating, and issuing the license, including a fee paid to 
  1.22  a political subdivision or an agent of the state or a political 
  1.23  subdivision, but does not include: 
  1.24     (i) any charge the collection of which is administered by 
  1.25  the commissioner of revenue, other than a fee for a license the 
  2.1   commissioner issues; 
  2.2      (ii) reemployment insurance tax required by chapter 268; or 
  2.3      (iii) motor vehicle registration tax required by chapter 
  2.4   168. 
  2.5      Subd. 2.  [REFUNDS REQUIRED.] An agency, upon request of an 
  2.6   applicant, shall refund the fee paid by the applicant for a 
  2.7   license if the agency has not taken final action on the 
  2.8   application and conveyed the license, or other action on the 
  2.9   application, to the applicant within six weeks of receiving the 
  2.10  application in complete, correct form together with any required 
  2.11  information or documentation and after any necessary 
  2.12  inspection.  An agency has conveyed a license or other action 
  2.13  when, as shown by agency records, it has taken the normal steps 
  2.14  used by the agency to deliver a license or notification of other 
  2.15  action to an applicant.  Delivery by mail is accomplished when a 
  2.16  license or other notification is deposited with the postal 
  2.17  service.  A request for a refund may be made in writing or by 
  2.18  facsimile within one year after filing the application.  An 
  2.19  agency shall not refund a fee paid by an applicant if the agency 
  2.20  was prevented from taking final action on the license within six 
  2.21  weeks because of (1) a work stoppage, or (2) a requirement of 
  2.22  federal law or court order imposed or entered after July 1, 
  2.23  1995.  This section does not apply to licenses issued by health 
  2.24  regulatory agencies under chapter 214, to drivers' licenses, or 
  2.25  to licenses the issuance of which requires: 
  2.26     (1) one or more public hearings or public notice 
  2.27  requirements; 
  2.28     (2) verification of an applicant's background, credentials, 
  2.29  or financial condition; 
  2.30     (3) an environmental impact statement or environmental 
  2.31  assessment worksheet; 
  2.32     (4) a drawing to determine successful applicants for a 
  2.33  limited number of licenses; 
  2.34     (5) following a specific timetable for issuance that is 
  2.35  otherwise prescribed by law; 
  2.36     (6) inspection during a period of open water; or 
  3.1      (7) an annual report of water use. 
  3.2      Subd. 3.  [RULES PROHIBITED.] An agency may not adopt rules 
  3.3   limiting, adding conditions to, or otherwise governing the 
  3.4   issuance of refunds under this section. 
  3.5      Subd. 4.  [EFFECT ON LICENSE.] The refund of a fee as 
  3.6   required by this section does not relieve the affected agency 
  3.7   from its obligation to issue the license for which the fee was 
  3.8   initially paid, if the other requirements for issuance of the 
  3.9   license have been met. 
  3.10     Sec. 2.  [EFFECTIVE DATE.] 
  3.11     This act is effective July 1, 1995, and applies to 
  3.12  applications filed after June 30, 1995.