Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 358-S.F.No. 1297 
           An act relating to occupations and professions; board 
          of architecture, engineering, land surveying, 
          landscape architecture, and certified interior 
          designer; establishing a procedure for issuance, 
          denial, revocation, and suspension of licenses; 
          imposing penalties; proposing coding for new law in 
          Minnesota Statutes, chapter 326. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [326.111] [ISSUANCE, DENIAL, REVOCATION, AND 
SUSPENSION OF LICENSES; DISCIPLINE.] 
    Subdivision 1.  [GENERALLY.] (a) If the board, or the 
complaint committee if authorized by the board, has a reasonable 
basis to believe that a person has engaged in an act or practice 
constituting the unauthorized practice of architecture, 
engineering, land surveying, landscape architecture, or the 
unauthorized use of the title certified interior designer, or a 
violation of a statute, rule, or order that the board has issued 
or is empowered to enforce, the board, or the complaint 
committee if authorized by the board, may proceed as described 
in subdivisions 2 and 3. 
    (b) The board shall establish a complaint committee to 
investigate, mediate, or initiate administrative or legal 
proceedings on behalf of the board with respect to complaints 
filed with or information received by the board alleging or 
indicating the unauthorized practice of architecture, 
engineering, land surveying, landscape architecture, or the 
unauthorized use of the title certified interior designer, or a 
violation of statute, rule, or order that the board has issued 
or is empowered to enforce.  The complaint committee shall 
consist of five members of the board, with no more than one from 
each of the professions licensed by the board, and no more than 
two public members. 
    (c) Except as otherwise described in this section, all 
hearings shall be conducted in accordance with chapter 14. 
    Subd. 2.  [LEGAL ACTION.] (a) When necessary to prevent the 
unauthorized practice of architecture, engineering, land 
surveying, landscape architecture, or the unauthorized use of 
the title certified interior designer, or a violation of a 
statute, rule, or order that the board has issued or is 
empowered to enforce, the board, or the complaint committee if 
authorized by the board, may bring an action in the name of the 
state in the district court in Ramsey county or in any county in 
which jurisdiction is proper to enjoin the act, practice, or 
violation and to enforce compliance with the statute, rule, or 
order.  Upon a showing that a person has engaged in an act or 
practice constituting the unauthorized practice of architecture, 
engineering, land surveying, landscape architecture, or the 
unauthorized use of the title certified interior designer, or a 
violation of a statute, rule, or order that the board has issued 
or is empowered to enforce, a permanent or temporary injunction, 
restraining order, or other appropriate relief shall be granted. 
    (b) For purposes of injunctive relief under this 
subdivision, irreparable harm exists when the board shows that a 
person has engaged in an act or practice constituting the 
unauthorized practice of architecture, engineering, land 
surveying, landscape architecture, or the unauthorized use of 
the title certified interior designer, or a violation of a 
statute, rule, or order that the board has issued or is 
empowered to enforce. 
    (c) Injunctive relief granted under paragraph (a) does not 
relieve an enjoined person from criminal prosecution by a 
competent authority or from disciplinary action by the board 
with respect to the person's license, certificate, or 
application for examination, license, or renewal. 
    Subd. 3.  [CEASE AND DESIST ORDERS.] (a) The board, or the 
complaint committee if authorized by the board, may issue and 
have served upon a person an order requiring the person to cease 
and desist from the unauthorized practice of architecture, 
engineering, land surveying, landscape architecture, or the 
unauthorized use of the title certified interior designer, or 
violation of the statute, rule, or order.  The order shall be 
calculated to give reasonable notice of the rights of the person 
to request a hearing and shall state the reasons for the entry 
of the order. 
    (b) Service of the order 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. 
    (c) Unless otherwise agreed by the board, or the complaint 
committee if authorized by the board, and the person requesting 
the hearing, the hearing shall be held no later than 30 days 
after the request for the hearing is received by the board. 
    (d) The administrative law judge shall issue a report 
within 30 days of the close of the contested case hearing 
record, notwithstanding Minnesota Rules, part 1400.8100, subpart 
3.  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 orders as 
the facts require. 
    (e) 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. 
    (f) 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. 
    Subd. 4.  [ACTIONS AGAINST APPLICANTS AND LICENSEES.] (a) 
The board may, by order, deny, refuse to renew, suspend, 
temporarily suspend, or revoke the application, license, or 
certification of a person; censure or reprimand that person; 
condition or limit the person's practice; refuse to permit a 
person to sit for examination; or refuse to release the person's 
examination grades if the board finds that the order is in the 
public interest and the applicant, licensee, or certificate 
holder: 
    (1) has violated a statute, rule, or order that the board 
has issued or is empowered to enforce; 
    (2) has engaged in conduct or acts that are fraudulent, 
deceptive, or dishonest whether or not the conduct or acts 
relate to the practice of architecture, engineering, land 
surveying, landscape architecture, or certified interior design, 
providing that the fraudulent, deceptive, or dishonest conduct 
or acts reflect adversely on the person's ability or fitness to 
engage in the practice of architecture, engineering, land 
surveying, landscape architecture, or certified interior design; 
    (3) has engaged in conduct or acts that are negligent or 
otherwise in violation of the standards established by Minnesota 
Rules, parts 1100.1800 and 1100.1805, where the conduct or acts 
relate to the practice of architecture, engineering, land 
surveying, landscape architecture, or use of the title certified 
interior designer; 
    (4) has been convicted of or has pled guilty or nolo 
contendere to a felony, an element of which is dishonesty or 
fraud, whether or not the person admits guilt, or has been shown 
to have engaged in acts or practices tending to show that the 
applicant or licensee is incompetent or has engaged in conduct 
reflecting adversely on the person's ability or fitness to 
engage in the practice of architecture, engineering, land 
surveying, landscape architecture, or use of the title certified 
interior designer; 
    (5) employed fraud or deception in obtaining a certificate, 
license, renewal, or reinstatement or in passing all or a 
portion of the examination; 
    (6) has had the person's architecture, engineering, land 
surveying, landscape architecture, or interior design license, 
certificate, right to examine, or other similar authority 
revoked, suspended, canceled, limited, or not renewed for cause 
in any state, commonwealth, or territory of the United States, 
in the District of Columbia, or in any foreign country; 
    (7) has had the person's right to practice before any 
federal, state, or other government agency revoked, suspended, 
canceled, limited, or not renewed; 
    (8) failed to meet any requirement for the issuance or 
renewal of the person's license or certificate; 
    (9) has attached the person's seal or signature to a plan, 
specification, report, plat, or other architectural, 
engineering, land surveying, landscape architectural, or 
interior design document not prepared by the person sealing or 
signing it or under that person's direct supervision; or 
    (10) with respect to temporary suspension orders, has 
committed an act, engaged in conduct, or committed practices 
that may, or has in the opinion of the board, or the complaint 
committee if authorized by the board, resulted in an immediate 
threat to the public. 
    (b) In lieu of or in addition to any remedy provided in 
paragraph (a), the board may require, as a condition of 
continued licensure, possession of certificate, termination of 
suspension, reinstatement of license or certificate, 
examination, or release of examination grades, that the person:  
    (1) submit to a quality review of the person's ability, 
skills, or quality of work, conducted in such fashion and by 
such persons, entity, or entities as the board may require 
including, but not limited to, remedial education courses; and 
    (2) complete to the satisfaction of the board such 
continuing professional education courses as the board may 
specify by rule. 
    (c) Service of the order is effective if the order is 
served on the licensee, certificate holder, applicant, person or 
counsel of record personally or by certified mail, to the most 
recent address provided to the board for the licensee, 
certificate holder, applicant, person or counsel of record.  The 
order shall state the reasons for the entry of the order.  
    (d) All hearings required by this section shall be 
conducted in accordance with chapter 14, except with respect to 
temporary suspension orders, as provided for in subdivision 5, 
paragraph (d). 
    Subd. 5.  [PROCEDURE FOR TEMPORARY SUSPENSION OF LICENSE OR 
CERTIFICATE.] (a) When the board, or the complaint committee if 
authorized by the board, issues a temporary suspension order, 
the suspension is in effect upon service of a written order on 
the licensee or counsel of record, specifying the statute, rule, 
or order violated.  The order remains in effect until the board 
issues a final order in the matter after a hearing or upon 
agreement between the board and the licensee.  
    (b) Service of the order is effective if the order is 
served on the licensee or counsel of record personally or by 
certified mail, to the most recent address provided to the board 
for the licensee or counsel of record.  
    (c) The order shall set forth the rights to a hearing 
contained in this subdivision and shall state the reasons for 
the entry of the order.  
    (d) Within ten days after service of the order, the 
licensee may request a hearing in writing.  The board shall hold 
a hearing before its own members within five working days of 
receipt of a request for hearing on the sole issue of whether 
there is a reasonable basis to continue, modify, or lift the 
temporary suspension.  This hearing is not subject to chapter 
14.  Evidence presented by the board or the licensee shall be in 
affidavit form only.  The licensee or counsel of record may 
appear for oral argument.  
    (e) Within five working days after the hearing, the board 
shall issue its order and, if the suspension is continued, 
schedule a contested case hearing within 30 days after issuance 
of the order.  The administrative law judge shall issue a report 
within 30 days after closing of the contested case hearing 
record, notwithstanding the provisions of Minnesota Rules, part 
1400.8100, subpart 3.  The board shall issue a final order 
within 30 days after receipt of that report and any exceptions 
to it.  
    Subd. 6.  [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) 
The board may impose a civil penalty not to exceed $2,000 per 
violation upon a person who commits an act or practice 
constituting the unauthorized practice of architecture, 
engineering, land surveying, landscape architecture, or the 
unauthorized use of the title certified interior designer, or 
violates a statute, rule, or order that the board has issued or 
is empowered to enforce.  
    (b) The board may, in addition, impose a fee to reimburse 
the board for all or part of the cost of the proceedings 
resulting in disciplinary action authorized by this section, the 
imposition of civil penalties, or the issuance of a cease and 
desist order.  The fee may be imposed when the board shows that 
the position of the person who commits an act or practice 
constituting the unauthorized practice of architecture, 
engineering, land surveying, landscape architecture, or the 
unauthorized use of the title certified interior designer, or 
violates a statute, rule, or order that the board has issued or 
is empowered to enforce is not substantially justified, unless 
special circumstances make an award unjust, notwithstanding the 
provisions of Minnesota Rules, part 1400.8401.  The costs 
include, but are not limited to, the amount paid by the board 
for services from the office of administrative hearings, 
attorney fees, court reporters, witnesses, reproduction of 
records, board members' per diem compensation, board staff time, 
and expense incurred by board members and staff. 
    Subd. 7.  [REINSTATEMENT.] The board may reinstate a 
suspended, revoked, or surrendered certificate or license upon 
petition of the former or suspended certificate holder or 
licensee.  The board may, in its sole discretion, place any 
other conditions, including reexamination in whole or in part, 
upon reinstatement of a suspended, revoked, or surrendered 
certificate or license that it finds appropriate and necessary 
to ensure that the purposes of sections 326.02 to 326.15 are 
met.  No suspended certificate or license shall be reinstated 
until the former certificate holder or licensee has completed 
one-half of the suspension. 
    Presented to the governor May 20, 1993 
    Signed by the governor May 24, 1993, 5:48 p.m.