Minnesota Administrative Rules

4725.0250 ENFORCEMENT.

Subpart 1.

Enforcement actions.

The commissioner may take one or more enforcement actions for a violation of this chapter, Minnesota Statutes, chapter 103I, section 144.99 or 144.992, including:

A.

issuing a correction order under Minnesota Statutes, section 144.99, subdivision 3;

B.

issuing an administrative penalty order requiring a violation to be corrected, and assessing a monetary penalty under Minnesota Statutes, section 144.99, subdivision 4;

C.

bringing an action for injunctive relief in district court under Minnesota Statutes, section 144.99, subdivision 5;

D.

issuing a cease and desist order under Minnesota Statutes, section 144.99, subdivision 6;

E.

denying or refusing to renew an application for a permit, license, registration, or certificate under Minnesota Statutes, section 144.99, subdivision 8;

F.

suspending, revoking, or imposing limitations or conditions on a permit, certification, license, or registration under Minnesota Statutes, chapter 14, and section 144.99, subdivisions 8 and 9;

G.

enforcing the requirements of a stipulation agreement, settlement, or compliance agreement provided by Minnesota Statutes, section 144.99, subdivision 1;

H.

using the license or registration bond to compensate persons injured or suffering financial loss because of the failure of a licensee or registrant to perform work in compliance with duties under this chapter and Minnesota Statutes, chapter 103I;

I.

requesting prosecution by the county attorney in the county where the violation occurred or is occurring;

J.

impounding a drilling machine or hoist used by a person who is not licensed or registered according to this chapter and Minnesota Statutes, chapter 103I; and

K.

using other remedies afforded by law and rule.

Subp. 2.

Responsibility for correction.

The person responsible for creating a violation of this chapter is responsible for correcting the violation. In the case of a violation created or constructed by a licensee or registrant, the licensee or registrant is responsible for correcting the violation. The licensee or registrant who files a notification or obtains a permit for a well or boring is responsible for the well or boring's compliance with this chapter, even if the well or boring construction is subcontracted to another person. A well or boring that cannot be corrected, must be sealed and a complying well or boring constructed, unless the well or boring owner, responsible party, and commissioner agree otherwise in a stipulated agreement.

Subp. 3.

Time of correction.

Correction of a violation of this chapter must be completed under the supervision of the commissioner during normal business hours, within 30 days of notice of the violation, or as specified in an approved variance, work plan, or stipulation.

Statutory Authority:

MS s 103I.101; 103I.111; 103I.205; 103I.221; 103I.301; 103I.401; 103I.451; 103I.501; 103I.525; 103I.531; 103I.535; 103I.541; 103I.621

History:

33 SR 211

Published Electronically:

September 2, 2008