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Minnesota Legislature

Office of the Revisor of Statutes

7045.0250

[Repealed by amendment, 9 SR 115]

7045.0250 LICENSE REVOCATION.

Subpart 1.

Justification to revoke.

Any one of the following constitutes justification for the commissioner to revoke a license:

A.

existence at the licensed site of unresolved noncompliance with applicable state and federal pollution statutes or rules or a condition of the license, and failure of the licensee to undertake a schedule of compliance to resolve the noncompliance;

B.

licensee failure to disclose fully the facts relevant to issuance of the license or submittal of false or misleading information to the commissioner; or

C.

licensee failure to pay or escrow a penalty owed under Minnesota Statutes, section 116.072.

Subp. 2.

Procedure.

The commissioner must give a written 30-day notice to the licensee of the commissioner's intent to revoke the hazardous waste generator license. Included in the notice must be specific justification for the revocation as described under subpart 1.

Subp. 3.

Reinstatement.

The licensee may apply to the commissioner for license reinstatement by providing written documentation that the justifications for revocation have been remedied. The commissioner will review the request within 30 calendar days and deny or approve the request in writing. A reinstatement is for the remaining term of the license. Generator fees under chapter 7046 will not be refunded for the period that the license is revoked nor will the fees be credited towards a subsequent fee cycle.

Subp. 4.

Revocation without reissuance.

The commissioner shall give notice to the licensee of a proposal to revoke a license without reissuance. The notice must state that within 30 days of the receipt of the notice the licensee may request that a contested case hearing be held on the proposed action. If the licensee requests a contested case hearing, the agency shall hold the hearing in accordance with the rules of the Office of Administrative Hearings, parts 1400.5100 to 1400.8401.

Statutory Authority:

MS s 116.07

History:

16 SR 2102; 18 SR 1565

Published Electronically:

October 10, 2013