149A.09 Denial; refusal to reissue; revocation; suspension; limitation of license or permit.
Subdivision 1. Denial; refusal to renew; revocation; and suspension. The commissioner may deny, refuse to renew, revoke, or suspend any license or permit applied for or issued pursuant to this chapter when the person subject to regulation under this chapter:
(1) does not meet or fails to maintain the minimum qualification for holding a license or permit under this chapter;
(2) submits false or misleading material information to the commissioner in connection with a license or permit issued by the commissioner or the application for a license or permit;
(3) violates any law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit that regulates the removal, preparation, transportation, arrangements for disposition, or final disposition of dead human bodies in Minnesota or any other state in the United States;
(4) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea in any court in Minnesota or any other jurisdiction in the United States. "Conviction," as used in this subdivision, includes a conviction for an offense which, if committed in this state, would be deemed a felony or gross misdemeanor without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned, but the adjudication of guilt is either withheld or not entered;
(5) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea in any court in Minnesota or any other jurisdiction in the United States that the commissioner determines is reasonably related to the removal, preparation, transportation, arrangements for disposition or final disposition of dead human bodies, or the practice of mortuary science;
(6) is adjudicated as mentally incompetent, mentally ill, mentally retarded, or mentally ill and dangerous to the public;
(7) has a conservator or guardian appointed;
(8) fails to comply with an order issued by the commissioner or fails to pay an administrative penalty imposed by the commissioner;
(9) owes uncontested delinquent taxes in the amount of $500 or more to the Minnesota department of revenue, or any other governmental agency authorized to collect taxes anywhere in the United States;
(10) is in arrears on any court ordered family or child support obligations; or
(11) engages in any conduct that, in the determination of the commissioner, is unprofessional as prescribed in section 149A.70, subdivision 7, or renders the person unfit to practice mortuary science or to operate a funeral establishment or crematory.
Subd. 2. Hearings related to refusal to renew, suspension, or revocation of license or permit. If the commissioner proposes to deny renewal, suspend, or revoke a license or permit issued under this chapter, the commissioner must first notify, in writing, the person against whom the action is proposed to be taken and provide an opportunity to request a hearing under the contested case provisions of sections 14.57 to 14.62. If the subject of the proposed action does not request a hearing by notifying the commissioner, by mail, within 20 calendar days after the receipt of the notice of proposed action, the commissioner may proceed with the action without a hearing and the action will be the final order of the commissioner.
Subd. 3. Review of final order. A judicial review of the final order issued by the commissioner may be requested in the manner prescribed in sections 14.63 to 14.69. Failure to request a hearing pursuant to subdivision 2 shall constitute a waiver of the right to further agency or judicial review of the final order.
Subd. 4. Limitations or qualifications placed on license or permit. The commissioner may, where the facts support such action, place reasonable limitations or qualifications on the right to practice mortuary science or to operate a funeral establishment or crematory.
Subd. 5. Restoring license or permit. The commissioner may, where there is sufficient reason, restore a license or permit that has been revoked, reduce a period of suspension, or remove limitations or qualifications.
HIST: 1997 c 215 s 13
Official Publication of the State of Minnesota
Revisor of Statutes