1997 Minnesota Statutes

     14.045 Agencies; limits on penalties. 

    Subdivision 1.    Limit on penalties.  An agency may 
 not, under authority of rule, levy a total fine or penalty of 
 more than $700 for a single violation unless the agency has 
 specific statutory authority to levy a fine in excess of that 
 amount. 

    Subd. 2.    Criminal penalty.  An agency may not, by 
 rule, establish a criminal penalty unless the agency has 
 specific statutory authority to do so. 

    Subd. 3.    Factors.  (a) If a statute or rule gives an 
 agency discretion over the amount of a fine, the agency must 
 take the following factors into account in determining the 
 amount of the fine: 

    (1) the willfulness of the violation; 

    (2) the gravity of the violation, including damage to 
 humans, animals, and the natural resources of the state; 

    (3) the history of past violations; 

    (4) the number of violations; 

    (5) the economic benefit gained by the person by allowing 
 or committing the violation; and 

    (6) other factors that justice may require. 

    (b) For a violation after an initial violation, the 
 following factors must be considered in addition to the factors 
 in paragraph (a): 

    (1) similarity of previous violations to the current 
 violation to be penalized; 

    (2) time elapsed since the last violation; 

    (3) number of previous violations; and 

    (4) response of the person to the most recent previous 
 violation identified. 

    Subd. 4.    Effect on other law.  This section does not 
 affect the right of an agency to deny a permit, revoke a 
 license, or take similar action, other than the imposition of a 
 fine, even if the cost of the denial, revocation, or other 
 action to the affected party exceeds $700. 

    Subd. 5.    Effective date.  Subdivisions 1, 2, and 4 
 apply only to fines and penalties imposed under rules for which 
 notice of intent to adopt rules is published after July 1, 1996. 

    HIST: 1996 c 390 s 11