Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 108-S.F.No. 333 
                  An act relating to veterinary medicine; authorizing 
                  certain cease and desist orders; proposing coding for 
                  new law in Minnesota Statutes, chapter 156. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [156.15] [CEASE AND DESIST ORDERS.] 
           Subdivision 1.  [ISSUANCE.] In addition to the remedies and 
        procedures applicable to the health-related licensing board 
        provided in chapter 214, the board's complaint review committee, 
        on behalf of the board, may issue and have served upon a person 
        an order requiring the person to cease and desist from the 
        unauthorized practice of veterinary medicine, or from violating 
        or threatening to violate a statute, rule, or order which the 
        board has authority to enforce.  The order must be calculated to 
        give reasonable notice of the rights of the person to request a 
        hearing and must state the reasons for the entry of the order. 
           Subd. 2.  [SERVICE.] Service of an order under this section 
        is effective if the order is served on the person or counsel of 
        record personally or by certified mail to the most recent 
        address provided to the board for the person or counsel of 
        record.  
           Subd. 3.  [HEARING.] Unless otherwise agreed by the 
        complaint review committee and the person requesting the 
        hearing, the hearing must be held no later than 30 days after 
        the written request for the hearing is received by the complaint 
        review committee. 
           Subd. 4.  [REPORT; FURTHER ORDER.] The administrative law 
        judge shall issue a report within 30 days of the close of the 
        contested case hearing record.  Within 30 days after receiving 
        the report and any exceptions to it, the board shall issue a 
        further order vacating, modifying, or making permanent the cease 
        and desist order as the facts require. 
           Subd. 5.  [FINALITY; EFFECT.] If no hearing is requested 
        within 30 days of service of the order, the order becomes final 
        and remains in effect until it is modified or vacated by the 
        board.  
           Subd. 6.  [DEFAULT PROCEEDING.] If the person to whom a 
        cease and desist order is issued fails to appear at the hearing 
        after being duly notified, the person is in default and the 
        proceeding may be determined against that person upon 
        consideration of the cease and desist order, the allegations of 
        which may be considered to be true. 
           Presented to the governor May 14, 2001 
           Signed by the governor May 17, 2001, 10:33 a.m.