Minnesota Administrative Rules

7406.0900 IMMEDIATE SUSPENSION OF APPOINTMENT.

Subpart 1.

Grounds.

The commissioner may immediately suspend a deputy registrar appointment if the commissioner has sufficient cause to believe that an immediate suspension is necessary to ensure the security of the monies of the state, the public, or the operation of the deputy registrar office. In making the determination to immediately suspend, the commissioner shall consider:

A.

whether grounds exist for the revocation of an appointment;

B.

whether the deputy registrar's failure to comply with an applicable law or rule has placed in imminent danger the monies of the state, the public, or the operation of the deputy registrar office; and

C.

whether the risk of harm to the monies of the state, the public, or the operation of the deputy registrar office, outweighs the harm to the deputy registrar of discontinuing the operation of the office during the pendency of a hearing.

Subp. 2.

Immediate suspension hearing.

When the commissioner has grounds for immediate suspension under this part, a contested case hearing must be held within 20 days after the service of the order of immediate suspension and notice of and order for hearing. A contested case hearing for immediate suspension must be conducted in accordance with Minnesota Statutes, chapter 14.

Subp. 3.

Suspension period and effect.

When a deputy registrar appointment is suspended under subpart 1, the deputy registrar shall immediately cease operation of the office and surrender all inventory, fees and taxes, and other state-issued property. The deputy registrar appointment must be suspended until the effective date of the commissioner's decision affirming, modifying, or vacating the order of immediate suspension.

Statutory Authority:

MS s 14.06; 168.33; 299A.01

History:

20 SR 2784; 29 SR 97

Published Electronically:

August 17, 2004