Minnesota Administrative Rules

2891.0040 FRAUDULENT, DECEPTIVE, OR DISHONEST PRACTICES.

Subpart 1.

Description.

For the purposes of Minnesota Statutes, section 326B.84, subdivision 1, clause (2), the following acts and practices are considered fraudulent, deceptive, or dishonest practices:

A.

misrepresentation of a material fact by the applicant in obtaining a license;

B.

engaging in false, fraudulent, or misleading advertising;

C.

making any material misrepresentation or omission in the procurement of a building contract;

D.

any fraud or dishonesty in the execution of, or in the material alteration of, any contract, mortgage, promissory note, or other document incident to a building transaction;

E.

conducting a building or remodeling contracting business in any name other than the one in which the contractor is licensed, unless the licensee has filed a certificate of assumed name with the secretary of state and provided a copy of the certificate to the commissioner;

F.

contracting or offering to contract while the license is revoked, under suspension, or inactive for any reason;

G.

knowingly contracting for, or performing, a service beyond the scope of the license; or

H.

performing any construction without obtaining applicable local building permits and inspections.

Subp. 2.

Nonlimitation of authority.

Nothing in this part limits the authority of the commissioner to take action against a licensee for fraudulent, deceptive, or dishonest practices not specifically described in this part.

Statutory Authority:

MS s 45.023; 326.87; 326.98; 326B.821

History:

18 SR 1471; L 2007 c 140 art 8 s 30; art 13 s 4

Published Electronically:

July 31, 2007