Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 393-S.F.No. 508 
           An act relating to transportation; requiring a license 
          for the transportation of hazardous waste; providing 
          for license administration, suspension, and revocation;
          requiring rulemaking; providing penalties; specifying 
          articles that may be carried as household goods; 
          revising fees for certain motor carrier permits and 
          certificates; appropriating money; amending Minnesota 
          Statutes 1986, sections 221.061; 221.121, subdivision 
          7, and by adding a subdivision; 221.131, subdivisions 
          2 and 3; 221.291, subdivision 3; 221.296, subdivision 
          5; and 221.60, subdivision 2; proposing coding for new 
          law in Minnesota Statutes, chapter 221. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  

                                ARTICLE 1 

                    TRANSPORTATION OF HAZARDOUS WASTE
    Section 1.  [221.035] [HAZARDOUS WASTE TRANSPORTER 
LICENSE.] 
    Subdivision 1.  [LICENSE REQUIREMENT.] (a) A person may not 
transport hazardous waste that is required to have a manifest 
under Minnesota Rules, part 7045.0261, or is required to have 
shipping papers under Minnesota Rules, part 7045.0125, without a 
license issued under this section. 
    (b) If the applicant complies with the requirements of this 
section, the commissioner shall issue the license and shall 
issue a vehicle identification decal for each single unit 
vehicle or trailer that the licensee will use to transport 
hazardous waste.  The applicant shall pay a fee of $500 for a 
three-year license and an annual fee of $25 for each vehicle 
identification decal.  The license must be maintained at the 

licensee's principal place of business.  The name and address of 
the licensee must be displayed on both sides of each unit of the 
vehicle.  The vehicle identification decal must be displayed on 
the single unit vehicle or trailer to which it is assigned, as 
prescribed by the commissioner.  The decal is effective only 
when the license is effective.  The license must be renewed in 
the third year following the date of the issuance of the 
license.  The licensee must obtain new decals each year.  The 
license may not be transferred to another person. 
    (c) An applicant for a license under this section, who is 
not otherwise subject to section 221.141, shall file a 
certificate of insurance with the commissioner as provided in 
section 221.141.  The certificate must state that the insurer 
has issued to the applicant a policy that by endorsement 
provides public liability insurance in the amount required by 
Code of Federal Regulations, title 49, part 387.  
    Subd. 2.  [OPERATION REQUIREMENTS.] A vehicle operated 
under a license issued under this section must be operated in 
compliance with the rules of the commissioner adopted under this 
chapter governing:  driver qualifications; safety of operation; 
equipment, parts, and accessories; inspection, repair, and 
maintenance; and maximum hours of service. 
    Subd. 3.  [LICENSE SUSPENSION AND REVOCATION.] (a) The 
commissioner may after notice and opportunity for hearing under 
chapter 14 suspend or revoke a license issued under this section 
if the commissioner determines that a licensee's actions 
constitute a serious or repeated violation of a statute or rule 
governing the transportation of hazardous waste.  Factors to be 
considered by the commissioner in determining whether to suspend 
or revoke a license include: 
    (1) the danger of exposing the public to toxic or hazardous 
substances;  
    (2) the condition of vehicles used by the licensee to 
transport hazardous waste; and 
    (3) the history of past violations, including the 
similarity of the most recent violation and the violation to be 
penalized, the time elapsed since the last violation, the number 
of previous violations, and the response of the person to the 
most recent violation identified. 
    (b) The commissioner shall revoke by order, without a 
hearing, the license of a licensee who fails to renew a license 
or fails to maintain insurance as required by this section.  
Revocation under this paragraph continues until the licensee 
renews the license and provides the commissioner with proof of 
insurance required under this section.  
    Subd. 4.  [RULEMAKING AUTHORITY.] The commissioner shall 
adopt rules to implement this section.  The commissioner may 
adopt rules to require licensed transporters to report to the 
commissioner. 
    Sec. 2.  [221.036] [ADMINISTRATIVE PENALTIES.] 
    Subdivision 1.  [AUTHORITY TO ISSUE PENALTY ORDERS.] The 
commissioner may issue an order requiring violations to be 
corrected and administratively assessing monetary penalties for 
a violation of section 1, of a material term or condition of a 
license issued under section 1, or of a rule or order of the 
commissioner relating to the transportation of hazardous waste. 
An order must be issued as provided in this section. 
    Subd. 2.  [ELECTION OF PENALTIES.] The commissioner may not 
both assess an administrative penalty under this section and 
seek a criminal sanction under section 221.291, subdivision 3, 
for violations arising out of the same inspection or audit. 
    Subd. 3.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
commissioner may issue an order assessing a penalty up to a 
maximum of $10,000 for all violations identified during a single 
inspection or audit. 
    (b) In determining the amount of a penalty, the 
commissioner shall consider: 
    (1) the willfulness of the violation;  
    (2) the gravity of the violation, including damage to 
humans, animals, air, water, land, or other natural resources of 
the state;  
    (3) the history of past violations, including the 
similarity of the most recent violation and the violation to be 
penalized, the time elapsed since the last violation, the number 
of previous violations, and the response of the person to the 
most recent violation identified; 
    (4) the economic benefit gained by the person by allowing 
or committing the violation; and 
    (5) other factors as justice may require, if the 
commissioner specifically identifies the additional factors in 
the commissioner's order. 
    Subd. 4.  [CONTENTS OF ORDER.] An order assessing an 
administrative penalty under this section must include: 
    (1) a concise statement of the facts alleged to constitute 
a violation;  
    (2) a reference to the section of the statute, rule, order, 
or material term or condition of a license that has been 
violated;  
    (3) a statement of the amount of the administrative penalty 
to be imposed and the factors upon which the penalty is based; 
and 
    (4) a statement of the person's right to review of the 
order. 
    Subd. 5.  [CORRECTIVE ORDER.] (a) The commissioner may 
issue an order assessing a penalty and requiring the violations 
cited in the order to be corrected within 30 calendar days from 
the date the order was received.  
    (b) The person to whom the order was issued shall provide 
information to the commissioner before the 31st day after the 
order was received demonstrating that the violation has been 
corrected or that appropriate steps toward correcting the 
violation have been taken.  The commissioner shall determine 
whether the violation has been corrected and notify the person 
subject to the order of the commissioner's determination.  
    Subd. 6.  [PENALTY.] (a) Except as provided in paragraph 
(b), if the commissioner determines that the violation has been 
corrected or appropriate steps have been taken to correct the 
action, the penalty must be forgiven.  Unless the person 
requests review of the order under subdivision 7, 8, or 9 before 
the penalty is due, the penalty in the order is due and payable: 
    (1) on the 31st day after the order was received, if the 
person subject to the order fails to provide information to the 
commissioner showing that the violation has been corrected or 
that appropriate steps have been taken toward correcting the 
violation; or 
    (2) on the 20th day after the receipt of a notice by the 
person subject to the order of the commissioner's determination 
under subdivision 5, paragraph (b), that information supplied to 
the commissioner is not sufficient to show that the violation 
has been corrected or that appropriate steps have been taken 
toward correcting the violation.  
    (b) For a repeated or serious violation, the commissioner 
may issue an order with a penalty that will not be forgiven 
after the corrective action is taken.  The penalty is due within 
30 days after the order was received unless review of the order 
under subdivision 7, 8, or 9 has been sought.  
    (c) Interest at the rate established in section 549.09 
begins to accrue on penalties on the date that the penalty is 
due and payable if no request for review is filed under 
subdivision 7, 8, or 9. 
    Subd. 7.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
days after the date on which an order was received, or within 20 
days after the receipt of a notice that the commissioner has 
determined that a violation has not been corrected or 
appropriate steps have not been taken, the person subject to an 
order under this section may request an expedited hearing.  The 
person to whom the order is directed and the commissioner are 
the parties to the expedited hearing to review the order and the 
penalty.  The commissioner must notify the person to whom the 
order is directed of the time and place of the hearing at least 
20 days before the hearing.  The expedited hearing must be held 
within 30 days after a request for hearing has been filed with 
the commissioner unless the parties agree to a later date. 
    (b) All written arguments must be submitted within ten days 
following the close of the hearing.  The hearing must be 
conducted under the conference contested case rules of the 
office of administrative hearings, as modified by this 
subdivision.  The office of administrative hearings may, in 
consultation with the commissioner, adopt rules specifically 
applicable to cases under this section. 
    (c) The administrative law judge shall issue a report 
making recommendations about the order to the commissioner 
within 30 days following the close of the record.  The 
administrative law judge may not recommend a change in the 
amount of the proposed penalty unless the administrative law 
judge determines that, based on the factors in subdivision 3, 
the amount of the penalty is unreasonable. 
    (d) If the administrative law judge makes a finding that 
the hearing was requested solely for purposes of delay or that 
the hearing request was frivolous, the commissioner may add to 
the amount of the penalty the costs charged to the commissioner 
by the office of administrative hearings for the hearing.  
    (e) If a hearing has been held, the commissioner may not 
issue a final order until at least five days after receipt of 
the report of the administrative law judge.  The person subject 
to the order may, within those five days, comment to the 
commissioner on the recommendations and the commissioner shall 
consider the comments.  The final order may be appealed in the 
manner provided in sections 14.63 to 14.69.  
    (f) If a hearing has been held and a final order issued by 
the commissioner, the penalty must be paid by the 15th day after 
the final order was mailed, together with interest accruing at 
the rate established in section 549.09 from 31 days after the 
original order was received. 
    Subd. 8.  [DISTRICT COURT HEARING.] (a) Within 30 days 
after the receipt of an order, or within 20 days after the 
receipt of a notice that the commissioner has determined that a 
violation has not been corrected or appropriate steps have not 
been taken, the person subject to an order under this section 
may file a petition in district court for review of the order.  
The petition must be filed with the court administrator with 
proof of service on the commissioner.  The petition must be 
captioned in the name of the person making the petition as 
petitioner and the commissioner as respondent.  The petition 
must state with specificity the grounds upon which the 
petitioner seeks rescission of the order, including the facts 
upon which each claim is based.  
    (b) At trial, the commissioner must establish by a 
preponderance of the evidence that a violation subject to this 
section and for which the petitioner is responsible occurred, 
that the factors listed in subdivision 3 were considered when 
the penalty amount was determined, and that the penalty amount 
is justified by those factors.  In addition, if the commissioner 
immediately assesses a penalty as provided for under subdivision 
5, paragraph (a), the commissioner must establish by a 
preponderance of the evidence that the immediate imposition of 
the penalty was justified. 
    Subd. 9.  [MEDIATION.] In addition to review under 
subdivision 6 or 7, the commissioner may enter into mediation 
concerning an order issued under this section if the 
commissioner and the person to whom the order is issued both 
agree to mediation. 
    Subd. 10.  [ELECTION OF REMEDIES.] A person subject to a 
corrective order under this section may not seek review of the 
order under both subdivisions 7 and 8. 
    Subd. 11.  [ENFORCEMENT.] (a) The attorney general may 
proceed on behalf of the state to enforce penalties that are due 
and payable under this section in any manner provided by law for 
the collection of debts.  
    (b) The attorney general may petition the district court to 
file the administrative order as an order of the court.  At a 
court hearing, the only issues parties may contest are 
procedural and notice issues.  Once entered, the administrative 
order may be enforced in the same manner as a final judgment of 
the district court.  
    (c) If a person fails to pay the penalty, the attorney 
general may bring a civil action in district court seeking 
payment of the penalties, injunctive, or other appropriate 
relief including monetary damages, attorney fees, costs, and 
interest.  
    Subd. 12.  [REVOCATION AND SUSPENSION OF PERMIT.] If a 
person fails to pay a penalty owed under this subdivision, the 
commissioner has grounds to revoke or refuse to reissue or renew 
a license issued by the commissioner under section 1. 
    Subd. 13.  [CUMULATIVE REMEDY.] The authority of the 
commissioner to issue a corrective order assessing penalties is 
in addition to other remedies available under statutory or 
common law.  Except as provided in subdivision 2, the payment of 
a penalty does not preclude the use of other enforcement 
provisions in connection with the violation for which the 
penalty was assessed. 
    Subd. 14.  [TRUNK HIGHWAY FUND.] Penalties collected under 
this section must be deposited in the state treasury and 
credited to the trunk highway fund. 
    Sec. 3.  Minnesota Statutes 1986, section 221.291, 
subdivision 3, is amended to read:  
    Subd. 3.  [TRANSPORTATION OF HAZARDOUS MATERIALS.] A person 
who ships, transports, or offers for transportation hazardous 
waste or, hazardous material, or hazardous substances in 
violation of a provision of this chapter or a rule or order of 
the commissioner or board adopted or issued under this chapter 
which specifically applies to the transportation of hazardous 
material or, hazardous waste, or hazardous substances is guilty 
of a misdemeanor and upon conviction may be fined up to the 
maximum fine which may be imposed for a misdemeanor for each 
violation.  
     Sec. 4.  [APPROPRIATION.] 
    $75,000 in fiscal year 1988 and $78,000 in fiscal year 1989 
is appropriated from the trunk highway fund to the commissioner 
of transportation to administer and enforce the licensing 
program established in sections 1 and 2.  The approved 
complement of the department of transportation is increased by 
two. 
    Sec. 5.  [EFFECTIVE DATE.] 
   Sections 1 and 2 are effective January 1, 1988, except 
section 1, subdivision 4, is effective the day after enactment 
and rules adopted under section 1, subdivision 4, must be 
adopted by January 1, 1988. 

                               ARTICLE 2 

                             COMMON CARRIERS
    Section 1.  Minnesota Statutes 1986, section 221.061, is 
amended to read:  
    221.061 [OPERATION CERTIFICATE FOR REGULAR ROUTE COMMON 
CARRIER OR PETROLEUM CARRIER.] 
    A person desiring a certificate authorizing operation as a 
regular route common carrier or petroleum carrier, or an 
extension of or amendment to that certificate, shall file a 
petition with the board which must contain information as the 
board, by rule may prescribe. 
    Upon the filing of a petition for a certificate, the 
petitioner shall pay to the commissioner as a fee for issuing 
the certificate the sum of $75 $300 and for a transfer or lease 
of the certificate the sum of $37.50 $300. 
    The petition must be processed as any other petition.  The 
board shall cause a copy and a notice of hearing thereon to be 
served upon a competing carrier operating into a city located on 
the proposed route of the petitioner and to other persons or 
bodies politic which the board deems interested in the 
petition.  A competing carrier and other persons or bodies 
politic are hereby declared to be interested parties to the 
proceedings. 
    If, during the hearing, an amendment to the petition is 
proposed which appears to be in the public interest, the board 
may allow it when the issues and the territory are not unduly 
broadened by the amendment. 
     Sec. 2.  Minnesota Statutes 1986, section 221.121, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [HOUSEHOLD GOODS CARRIER.] A person who desires 
to hold out or to operate as a carrier of household goods shall 
follow the procedure established in subdivision 1, and shall 
specifically request an irregular route common carrier permit 
with authority to transport household goods.  The permit granted 
by the board to a person who meets the criteria established in 
this subdivision and subdivision 1 shall authorize the person to 
hold out and to operate as an irregular route common carrier of 
household goods. 
    Sec. 3.  Minnesota Statutes 1986, section 221.121, 
subdivision 7, is amended to read:  
    Subd. 7.  [FEES.] The permit holder shall pay a fee of 
$25 $150 into the treasury of the state of Minnesota for each 
kind of permit, reinstatement, or extension of authority for 
which a petition is filed under this section.  
    Sec. 4.  Minnesota Statutes 1986, section 221.131, 
subdivision 2, is amended to read:  
    Subd. 2.  [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.] 
The permit holder shall pay an annual registration fee of $20 on 
each vehicle, including pickup and delivery vehicles, operated 
by the holder under authority of the permit during the 12-month 
period or fraction of the 12-month period.  Trailers and 
semitrailers used by a permit holder in combination with power 
units may not be counted as vehicles in the computation of fees 
under this section if the permit holder pays the fees for power 
units.  The commissioner shall furnish a distinguishing annual 
identification card for each vehicle or power unit for which a 
fee has been paid.  The identification card must at all times be 
carried in the vehicle or power unit to which it has been 
assigned.  An identification card may be reassigned to another 
vehicle or power unit without fee by the commissioner upon 
application of the permit holder and a transfer fee of $10.  An 
identification card issued under the provisions of this section 
is valid only for the period for which the permit is effective.  
The name and residence of the permit holder must be stenciled or 
otherwise shown on the outside of both doors of each registered 
vehicle operated under the permit.  A fee of $3 $10 is charged 
for the replacement of an unexpired identification card that has 
been lost or damaged.  
    Sec. 5.  Minnesota Statutes 1986, section 221.131, 
subdivision 3, is amended to read:  
    Subd. 3.  [CERTIFICATE CARRIERS; ANNUAL VEHICLE 
REGISTRATION.] Regular route common carriers and petroleum 
carriers, operating under sections 221.011 to 221.291, shall 
annually on or before January 1 of each calendar year, pay into 
the treasury of the state of Minnesota an annual registration 
fee of $20 for each vehicle, including pickup and delivery 
vehicles, operated during a calendar year.  The commissioner 
shall issue distinguishing identification cards as provided in 
subdivision 2.  
    Sec. 6.  [221.132] [PREPAID TEMPORARY VEHICLE 
IDENTIFICATION CARDS.] 
    The commissioner may issue a prepaid temporary vehicle 
identification card to a permit or certificate holder for a fee 
of $5 per card.  The card must be preprinted by the commissioner 
with the carrier's name, address, and permit or certificate 
number.  The card may be used by the motor carrier to whom it is 
issued to identify a vehicle temporarily added to its fleet.  
The card must be executed by the motor carrier by dating and 
signing the card and describing the vehicle in which it will be 
carried.  The identification card is valid for a period of ten 
days from the date the motor carrier places on the card when the 
card is executed.  The card must be used within one year from 
the date of issuance by the commissioner.  The card may not be 
used if the permit or certificate is not in full force and 
effect.  The card may not be transferred.  The commissioner may 
not refund the cost of unused prepaid temporary vehicle 
identification cards. 
    Sec. 7.  Minnesota Statutes 1986, section 221.296, 
subdivision 5, is amended to read:  
    Subd. 5.  [PERMIT FEES.] Upon filing a petition for a 
permit the petitioner shall pay to the commissioner as a fee for 
the issuance of the permit, the sum of $50 $150, and shall 
thereafter pay an annual renewal fee of $75 plus $5 per motor 
vehicle if the local cartage carrier operates less than five 
motor vehicles, or $100 plus $5 per motor vehicle if the local 
cartage carrier operates at least five but less than 15 motor 
vehicles, or $150 plus $5 per motor vehicle if the local cartage 
carrier operates 15 or more vehicles provided that the $5 per 
motor vehicle charge does not apply to taxicabs operated under a 
local cartage permit.  Upon issuance of the permit the 
commissioner shall assign the carrier a permit number, which 
must be painted or prominently displayed on both sides of 
vehicles used by the local cartage carrier under authority of 
the permit. 
    Sec. 8.  Minnesota Statutes 1986, section 221.60, 
subdivision 2, is amended to read:  
    Subd. 2.  [FORM AND FEES.] A motor carrier engaged in 
interstate commerce shall register its interstate transportation 
authority or exemption before February 1 of each year on a form 
prescribed by the commissioner.  The fee for the initial 
registration is $25.  The fee for each identification stamp is 
$5; however, a lesser fee may be collected pursuant to a 
reciprocal agreement authorized by section 221.65.  No fee may 
be collected from a local cartage carrier that provides 
interstate transportation only within the zone described in 
United States Code, title 49, section 10526(b)(1)(1984).  A 
local cartage carrier shall register its interstate 
transportation each year when it pays the local cartage carrier 
permit or annual renewal fee. 
    Approved June 3, 1987