Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 165-H.F.No. 1037
An act relating to health; providing rulemaking
authority; modifying enforcement and fee provisions;
modifying the hearing instrument dispenser trainee
period; providing penalties; amending Minnesota
Statutes 1994, sections 144.414, subdivision 3;
144.417, subdivision 1; 144.98, subdivision 3; 144.99,
subdivisions 1, 4, 6, 8, and 10; 144.991, subdivision
5; 326.71, subdivision 4; 326.75, subdivision 3a; and
326.78, subdivisions 2 and 9; proposing coding for new
law in Minnesota Statutes, chapters 144; and 157;
repealing Minnesota Statutes 1994, sections 144.877,
subdivision 5; and 144.8781, subdivision 4; Laws 1993,
chapter 286, section 11; Minnesota Rules, part
4620.1500.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [144.1222] [PUBLIC POOLS; ENCLOSED SPORTS
ARENAS.]
Subdivision 1. [PUBLIC POOLS.] The commissioner of health
shall be responsible for the adoption of rules and enforcement
of applicable laws and rules relating to the operation,
maintenance, design, installation, and construction of public
pools and facilities related to them. The commissioner shall
adopt rules governing the collection of fees under section
144.122 to cover the cost of pool construction plan review,
monitoring, and inspections.
Subd. 2. [POOLS USED FOR TREATMENT OR THERAPY.] A pool
used by a medical or rehabilitation facility to facilitate
treatment or therapy, to which only authorized access is allowed
and which is not open for any other public use, is exempt from
the requirements of Minnesota Rules, part 4717.1050, regarding
warning signs, and Minnesota Rules, part 4717.1650, subpart 1,
regarding placards.
Subd. 3. [ENCLOSED SPORTS ARENAS.] The commissioner of
health shall be responsible for the adoption of rules and
enforcement of applicable laws and rules relating to indoor air
quality in the operation and maintenance of enclosed sports
arenas.
Sec. 2. Minnesota Statutes 1994, section 144.414,
subdivision 3, is amended to read:
Subd. 3. [HEALTH CARE FACILITIES AND CLINICS.] (a) Smoking
is prohibited in any area of a hospital, health care clinic,
doctor's office, or other health care-related facility, other
than a nursing home, boarding care facility, or licensed
residential facility, except as allowed in this subdivision.
(b) Smoking by patients in a chemical dependency treatment
program or mental health program may be allowed in a separated
well-ventilated area pursuant to a policy established by the
administrator of the program that identifies circumstances in
which prohibiting smoking would interfere with the treatment of
persons recovering from chemical dependency or mental illness.
(c) Smoking by participants in peer reviewed scientific
studies related to the health effects of smoking may be allowed
in a separated room ventilated at a rate of 60 cubic feet per
minute per person pursuant to a policy that is approved by the
commissioner and is established by the administrator of the
program to minimize exposure of nonsmokers to smoke.
Sec. 3. Minnesota Statutes 1994, section 144.417,
subdivision 1, is amended to read:
Subdivision 1. [RULES.] The state commissioner of health
shall adopt rules necessary and reasonable to implement the
provisions of sections 144.411 to 144.417, except as provided
for in section 144.414.
The state commissioner of health may, upon request, waive
the provisions of sections 144.411 to 144.417 if the
commissioner determines there are compelling reasons to do so
and a waiver will not significantly affect the health and
comfort of nonsmokers.
Sec. 4. Minnesota Statutes 1994, section 144.98,
subdivision 3, is amended to read:
Subd. 3. [FEES.] (a) An application for certification
under subdivision 1 must be accompanied by the annual biennial
fee specified in this subdivision. The fees are for:
(1) base certification fee, $250 $500; and
(2) test category certification fees:
Test Category Certification Fee
Bacteriology $100 $200
Inorganic chemistry, fewer than four constituents $ 50 $100
Inorganic chemistry, four or more constituents $150 $300
Chemistry metals, fewer than four constituents $100 $200
Chemistry metals, four or more constituents $250 $500
Volatile organic compounds $300 $600
Other organic compounds $300 $600
(b) The total annual biennial certification fee is the base
fee plus the applicable test category fees. The annual biennial
certification fee for a contract laboratory is 1.5 times the
total certification fee.
(c) Laboratories located outside of this state that require
an on-site survey will be assessed an additional $1,200 fee.
(d) The commissioner of health may adjust fees under
section 16A.128, subdivision 2. Fees must be set so that the
total fees support the laboratory certification program. Direct
costs of the certification service include program
administration, inspections, the agency's general support costs,
and attorney general costs attributable to the fee function.
Sec. 5. Minnesota Statutes 1994, section 144.99,
subdivision 1, is amended to read:
Subdivision 1. [REMEDIES AVAILABLE.] The provisions of
chapters 103I and 157 and sections 115.71 to 115.82; 144.12,
subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13),
(14), and (15); 144.121; 144.1222; 144.35; 144.381 to 144.385;
144.411 to 144.417; 144.491; 144.495; 144.71 to 144.74; 144.871
to 144.878 144.879; 144.992; 326.37 to 326.45; 326.57 to
326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules,
orders, stipulation agreements, settlements, compliance
agreements, licenses, registrations, certificates, and permits
adopted or issued by the department or under any other law now
in force or later enacted for the preservation of public health
may, in addition to provisions in other statutes, be enforced
under this section.
Sec. 6. Minnesota Statutes 1994, section 144.99,
subdivision 4, is amended to read:
Subd. 4. [ADMINISTRATIVE PENALTY ORDERS.] The commissioner
may issue an order requiring violations to be corrected and
administratively assessing monetary penalties for violations of
the statutes, rules, and other actions listed in subdivision 1.
The procedures in section 144.991 must be followed when issuing
administrative penalty orders. Except in the case of repeated
or serious violations, the penalty assessed in the order must be
forgiven if the person who is subject to the order demonstrates
in writing to the commissioner before the 31st day after
receiving the order that the person has corrected the violation
or has developed a corrective plan acceptable to the
commissioner. The maximum amount of an administrative penalty
orders order is $10,000 for each violator for all violations by
that violator identified in an inspection or review of
compliance.
Sec. 7. Minnesota Statutes 1994, section 144.99,
subdivision 6, is amended to read:
Subd. 6. [CEASE AND DESIST.] The commissioner, or an
employee of the department designated by the commissioner, may
issue an order to cease an activity covered by subdivision 1 if
continuation of the activity would result in an immediate risk
to public health. An order issued under this paragraph is
effective for a maximum of 72 hours. In conjunction with the
issuance of the cease and desist order, the commissioner may
post a sign to cease an activity until the cease and desist
order is lifted and the sign is removed by the commissioner.
The commissioner must seek an injunction or take other
administrative action authorized by law to restrain activities
for a period beyond 72 hours. The issuance of a cease and
desist order does not preclude the commissioner from pursuing
any other enforcement action available to the commissioner.
Sec. 8. Minnesota Statutes 1994, section 144.99,
subdivision 8, is amended to read:
Subd. 8. [DENIAL OR REFUSAL TO REISSUE PERMITS, LICENSES,
REGISTRATIONS, OR CERTIFICATES.] (a) The commissioner may deny
or refuse to renew an application for a permit, license,
registration, or certificate required under the statutes or
rules cited in subdivision 1, if the applicant does not meet or
fails to maintain the minimum qualifications for holding a
permit, license, registration, or certificate or has any
unresolved violations related to the activity for which the
permit, license, registration, or certificate was issued.
(b) The commissioner may also deny or refuse to renew a
permit, license, registration, or certificate required under the
statutes or rules cited in subdivision 1 if the applicant has a
persistent pattern of violations related to the permit, license,
registration, or certificate, or if the applicant submitted
false material information to the department in connection with
the application.
(c) The commissioner may condition the grant or renewal of
a permit, license, registration, or certificate on a
demonstration by the applicant that actions needed to ensure
compliance with the requirements of the statutes listed in
subdivision 1 have been taken, or may place conditions on or
issue a limited permit, license, registration, or certificate as
a result of previous violations by the applicant.
Sec. 9. Minnesota Statutes 1994, section 144.99,
subdivision 10, is amended to read:
Subd. 10. [HEARINGS RELATED TO DENIAL, REFUSAL TO RENEW,
SUSPENSION, OR REVOCATION OF A PERMIT, LICENSE, REGISTRATION, OR
CERTIFICATE.] If the commissioner proposes to deny, refuses to
renew, suspends, or revokes a permit, license, registration, or
certificate under subdivision 8 or 9, the commissioner must
first notify, in writing, the person against whom the action is
proposed to be taken and provide the person an opportunity to
request a hearing under the contested case provisions of chapter
14. If the person does not request a hearing by notifying the
commissioner within 20 days after receipt of the notice of
proposed action, the commissioner may proceed with the action
without a hearing.
Sec. 10. Minnesota Statutes 1994, section 144.991,
subdivision 5, is amended to read:
Subd. 5. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30
days after receiving an order or within 20 days after receiving
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, utilizing using the procedures of Minnesota
Rules, parts 1400.8510 to 1400.8612, to review the
commissioner's action. The hearing request must specifically
state the reasons for seeking review of the order. The person
to whom the order is directed and the commissioner are the
parties to the expedited hearing. The commissioner must notify
the person to whom the order is directed of the time and place
of the hearing at least 20 15 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 shall be
conducted under Minnesota Rules, parts 1400.8510 to 1400.8612,
as modified by this subdivision. The office of administrative
hearings may, in consultation with the agency, adopt rules
specifically applicable to cases under this section.
(c) The administrative law judge shall issue a report
making recommendations about the commissioner's action 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 2 1,
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 agency 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 to whom
an order is issued may, within those five days, comment to the
commissioner on the recommendations and the commissioner will
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 shall be paid by 30 days after the
date the final order is received unless review of the final
order is requested under sections 14.63 to 14.69. If review is
not requested or the order is reviewed and upheld, the amount
due is the penalty, together with interest accruing from 31 days
after the original order was received at the rate established in
section 549.09.
Sec. 11. [157.011] [RULES.]
Subdivision 1. [ESTABLISHMENTS.] The commissioner shall
adopt rules establishing standards for food, beverage, and
lodging establishments.
Subd. 2. [CERTIFICATION OF FOOD SERVICE MANAGERS.] The
commissioner shall:
(1) adopt rules for certification requirements for managers
of food service operations; and
(2) establish in rule, criteria for training and
certification.
Sec. 12. Minnesota Statutes 1994, section 326.71,
subdivision 4, is amended to read:
Subd. 4. [ASBESTOS-RELATED WORK.] "Asbestos-related work"
means the enclosure, removal, or encapsulation of
asbestos-containing material in a quantity that meets or exceeds
260 lineal feet of friable asbestos-containing material on
pipes, 160 square feet of friable asbestos-containing material
on other facility components, or, if linear feet or square feet
cannot be measured, a total of 35 cubic feet of friable
asbestos-containing material on or off all facility components
in one facility. In the case of single or multifamily
residences, "asbestos-related work" also means the enclosure,
removal, or encapsulation of greater than ten but less than 260
lineal feet of friable asbestos-containing material on pipes or
ducts or greater than six but less than 160 square feet of
friable asbestos-containing material on other facility
components. This provision excludes asbestos-containing floor
tiles and sheeting, roofing materials, siding, and all ceilings
with asbestos-containing material in single family residences
and buildings with no more than four dwelling units.
Asbestos-related work includes asbestos abatement area
preparation; enclosure, removal, encapsulation, or repair
operations; and an air quality monitoring specified in rule to
assure that the abatement and adjacent areas are not
contaminated with asbestos fibers during the project and after
completion.
For purposes of this subdivision, the quantity of asbestos
containing material applies separately for every project permit
fee paid under section 326.75, subdivision 3.
Sec. 13. Minnesota Statutes 1994, section 326.75,
subdivision 3a, is amended to read:
Subd. 3a. [ASBESTOS-RELATED TRAINING COURSE PERMIT FEE.]
The commissioner shall establish by rule a permit fee to be paid
by a training course provider upon on application for approval
or renewal of approval a training course permit or renewal of a
permit of each asbestos-related training course required for
certification or registration.
Sec. 14. Minnesota Statutes 1994, section 326.78,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF LICENSES AND CERTIFICATES.] The
commissioner may issue licenses to persons and certificates to
individuals who meet the criteria in sections 326.70 to 326.82
and the commissioner's rules. Licenses and certificates shall
be valid for at least 12 months, except that the initial
certificate will be issued to expire one year. Certificates
shall be valid for 12 months after the completion date on the
approved training course diploma.
Sec. 15. Minnesota Statutes 1994, section 326.78,
subdivision 9, is amended to read:
Subd. 9. [PENALTIES.] (a) A person who violates any of the
requirements of sections 326.70 to 326.81 or any requirement,
rule, or order issued under those sections is subject to a civil
penalty of not more than $10,000 per day of violation.
Penalties may be recovered in a civil action in the name of the
state brought by the attorney general.
(b) The commissioner may issue an order assessing a penalty
of not more than $10,000 per violation to any person who
violates any of the requirements of sections 326.70 to 326.81 or
any requirement, rule, or order issued under those sections. A
person subject to an administrative penalty order may request a
contested case hearing under chapter 14 within 20 days from date
of receipt of the penalty order. If the penalty order is not
contested within 20 days of receipt, it becomes final and may
not be contested.
(c) The amount of the penalty shall be based on the past
history of same or similar violations, the severity of
violation, the culpability of the person, and other relevant
factors. The history of past violations shall include previous
violations received by the person licensed as a different entity.
(d) Penalties assessed under sections 326.70 to 326.81
shall be paid to the commissioner for deposit in the state
government special revenue fund. Unpaid penalties shall be
increased to 125 percent of the original assessed amount if not
paid within 60 days after the penalty order becomes final.
After 60 days, interest shall accrue on the unpaid penalty
balance at the rate established in section 549.09.
Sec. 16. [EXTENSION OF HEARING INSTRUMENT DISPENSER
TRAINEE PERIOD.]
Notwithstanding Minnesota Statutes, section 153A.14,
subdivision 4a, paragraph (a), a person approved by the
commissioner of health as a hearing instrument dispenser trainee
after July 1, 1994, and before December 1, 1994, may continue to
dispense hearing instruments as a trainee until November 1, 1995.
Sec. 17. [REPEALER.]
Minnesota Statutes 1994, sections 144.877, subdivision 5;
and 144.8781, subdivision 4, are repealed. Laws 1993, chapter
286, section 11, is repealed. Minnesota Rules, part 4620.1500,
is repealed.
Sec. 18. [EFFECTIVE DATE.]
Section 16 is effective the day following final enactment.
Presented to the governor May 12, 1995
Signed by the governor May 15, 1995, 10:06 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes