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6132.5100 CIVIL PENALTIES.

Subpart 1.

Violation.

If a permittee violates any provision of Minnesota Statutes, sections 93.44 to 93.51, parts 6132.0100 to 6132.5300, or a permit to mine issued under them, the commissioner may order imposition of a civil penalty.

Subp. 2.

Beginning of proceedings.

A proceeding to assess civil penalties begins by serving on the permittee:

A.

a notice of hearing under part 6132.5000; and

B.

the proposed civil penalty imposition order.

Subp. 3.

Determining the amount.

In determining the amount of a penalty, the commissioner shall consider the severity of the violation, the need to deter future violations, and the magnitude of potential or actual gains resulting from the violation.

Subp. 4.

Duration.

The assessment of the civil penalty shall remain in effect until the violation that necessitated the penalty is corrected.

Subp. 5.

Collection.

The commissioner shall collect an assessed civil penalty in the same manner as any other debt owed the state.

Statutory Authority:

MS s 93.44 to 93.51; 103G.222

History:

17 SR 2207

Published Electronically:

June 11, 2008

Official Publication of the State of Minnesota
Revisor of Statutes