1998 Minnesota Statutes

     149A.05 Correction orders. 

    Subdivision 1.    Authorization.  The commissioner may 
 issue correction orders that require a person subject to 
 regulation under this chapter to correct violations of this 
 chapter or rules, orders, stipulation agreements, settlements, 
 compliance agreements, licenses, and permits adopted or issued 
 by the commissioner. 

    Subd. 2.    Contents of order.  The correction order 
 must include: 

    (1) a concise statement of the deficiencies alleged to 
 constitute the violation; 

    (2) a reference to the section of law, rule, order, 
 stipulation agreement, settlement, compliance agreement, 
 license, or permit that has been violated; 

    (3) a statement of the time by and the manner in which the 
 violation must be corrected; and 

    (4) a statement of the right to request a hearing under 
 sections 14.57 to 14.62. 

    Subd. 3.    Request for hearing; hearing; and final order. 
  A request for hearing must be in writing, delivered to the 
 commissioner by certified mail within 20 calendar days after the 
 receipt of the correction order, and specifically state the 
 reasons for seeking review of the order.  The commissioner must 
 initiate a hearing within 30 calendar days from the date of 
 receipt of the written request for hearing.  The hearing shall 
 be conducted pursuant to the contested case procedures in 
 sections 14.57 to 14.62.  No earlier than ten calendar days 
 after and within 30 calendar days of receipt of the presiding 
 administrative law judge's report, the commissioner shall issue 
 a final order modifying, vacating, or making permanent the 
 correction order as the facts require.  If, within 20 calendar 
 days of receipt of the correction order, the person that is the 
 subject of the order fails to request a hearing in writing, the 
 correction order becomes the final order of the commissioner. 

    Subd. 4.    Review of final order.  A judicial review of 
 the final order issued by the commissioner subsequent to a 
 contested case hearing may be requested in the manner prescribed 
 in sections 14.63 to 14.69.  Failure to request a contested case 
 hearing pursuant to subdivision 3 shall constitute a waiver of 
 the right to further agency or judicial review of the final 
 order. 

    Subd. 5.    Reinspections and effect of noncompliance.  
 If upon reinspection, or in the determination of the 
 commissioner, it is found that any deficiency specified in a 
 correction order has not been corrected by the person that is 
 subject to the correction order, that person or entity is in 
 noncompliance.  The commissioner shall issue a notice of 
 noncompliance and may impose any additional remedy available 
 under this chapter. 

    HIST: 1997 c 215 s 9