1997 Minnesota Statutes

     325K.07 Enforcement of requirements for licensed 
  certification authorities. 

    Subdivision 1.    Investigation.  The secretary may 
 investigate the activities of a licensed certification authority 
 material to its compliance with this chapter and issue orders to 
 a certification authority to further its investigation and 
 secure compliance with this chapter. 

    Subd. 2.    Suspension or revocation.  The secretary may 
 suspend or revoke the license of a certification authority for 
 its failure to comply with an order of the secretary. 

    Subd. 3.    Civil penalty.  The secretary may by order 
 impose and collect a civil monetary penalty for a violation of 
 this chapter in an amount not to exceed $5,000 per incident, or 
 90 percent of the recommended reliance limit of a material 
 certificate, whichever is less.  In case of a violation 
 continuing for more than one day, each day is considered a 
 separate incident. 

    Subd. 4.    Payment of costs.  The secretary may order a 
 certification authority, which it has found to be in violation 
 of this chapter, to pay the costs incurred by the secretary in 
 prosecuting and adjudicating proceedings relative to the order, 
 and enforcing it. 

    Subd. 5.    Administrative procedures; injunctive relief. 
  (a) The secretary must exercise authority under this section 
 in accordance with the Administrative Procedure Act, chapter 14, 
 and a licensed certification authority may obtain judicial 
 review of the secretary's actions as prescribed by chapter 14.  

    (b) The secretary may also seek injunctive relief to compel 
 compliance with an order. 

    HIST: 1997 c 178 s 8