2000 Minnesota Statutes

CHAPTER 326. Employments licensed by state

     326.01 Definitions. 

    Subdivision 1.    Words, terms and phrases.  For the 
 purpose of this chapter, the terms defined in this section have 
 the meanings ascribed to them.  

    Subd. 2.    Class A master electrician.  The term "Class 
 A master electrician" means a person having the necessary 
 qualifications, training, experience, and technical knowledge to 
 install, alter, repair, plan, lay out, and supervise the 
 installing, altering, and repairing of electrical wiring, 
 apparatus, and equipment for light, heat, power, and other 
 purposes who is licensed as such by the board of electricity.  

    Subd. 3.    Class A journeyman electrician.  The term 
 "Class A journeyman electrician" means a person having the 
 necessary qualifications, training, experience, and technical 
 knowledge to install, alter, repair, and supervise the 
 installing, altering, or repairing of electrical wiring, 
 apparatus, and equipment for light, heat, power, and other 
 purposes who is licensed as such by the board of electricity.  

    Subd. 4.    Special electrician.  The term "special 
 electrician" means a person having the necessary qualifications, 
 training, experience, and technical knowledge to install, alter, 
 repair, and supervise the installing, altering, or repairing of 
 special classes of electrical wiring, apparatus, or equipment 
 for light, heat, power, and other purposes or for special 
 classes of electrical work who is licensed as such by the board 
 of electricity.  The scope of any special electrician license 
 created by the board under section 326.242, subdivision 4, shall 
 be limited to that provided for by the rules adopted by the 
 board. 

    Subd. 5.    Electrical contractor.  The term "electrical 
 contractor" means a person, partnership, or corporation 
 operating a business that undertakes or offers to undertake to 
 plan for, lay out, or install or to make additions, alterations, 
 or repairs in the installation of electrical wiring, apparatus, 
 or equipment for light, heat, power, and other purposes with or 
 without compensation who is licensed as such by the board of 
 electricity.  An electrical contractor's license does not of 
 itself qualify its holder to perform or supervise the electrical 
 work authorized by holding any class of electrician's license. 

    Subd. 6.    Class B master electrician.  The term "Class 
 B master electrician" means a person having the necessary 
 qualifications, training, experience, and technical knowledge to 
 install, alter, repair, plan, lay out, and supervise the 
 installing, altering, and repairing of electrical wiring, 
 apparatus, and equipment for single phase systems of not over 
 200 ampere capacity for light, heat, power, and other purposes 
 on any farm or in any single family dwelling located in any town 
 or municipality which has a population of less than 2500 
 inhabitants who is licensed as such by the board of electricity. 

    Subd. 6a.    Class B journeyman electrician.  The term 
 "Class B journeyman electrician" means a person having the 
 necessary qualifications, training, experience, and technical 
 knowledge to install, alter, repair, and supervise the 
 installing, altering, or repairing of electrical wiring, 
 apparatus, and equipment for single phase systems of not more 
 than 200 ampere capacity for light, heat, power, and other 
 purposes on any farm or in any single family dwelling located in 
 any town or municipality which has a population of less than 
 2500 inhabitants who is licensed as such by the board of 
 electricity.  

    Subd. 6b.    Class A installer.  The term "Class A 
 installer" means a person who has the necessary qualifications, 
 training, experience, and technical knowledge to properly lay 
 out and install electrical wiring, apparatus, and equipment for 
 major electrical home appliances and such other electrical 
 equipment as is determined by the state board of electricity 
 pursuant to section 326.242, subdivision 3, on the load side of 
 the main service on farmsteads or in any town or municipality 
 with less than 1,500 inhabitants, which is not contiguous to a 
 city of the first class and does not contain an established 
 business of a master electrician, and who is licensed as such by 
 the state board of electricity.  

    Subd. 6c.    Class B installer.  The term "Class B 
 installer" means a person who has the necessary qualifications, 
 training, experience, and technical knowledge to properly lay 
 out and install electrical wiring, apparatus, and equipment on 
 center pivot irrigation booms on the load side of the main 
 service on farmsteads, and install other electrical equipment 
 determined by the state board of electricity.  A Class B 
 installer must be licensed by the board of electricity. 

    Subd. 6d.    Alarm and communication system.  The term 
 "alarm and communication system" means class 2 or class 3 
 signaling circuits, power limited fire protective signaling 
 circuits, class 2 or class 3 alarm systems, or communication 
 circuits or systems, as covered by articles 725, 760, 770, 800, 
 810, and 820, of the National Electrical Code as that code was 
 approved by the American National Standards Institute and was in 
 effect on January 14, 1985. 

    Subd. 6e.    Owner.  An owner is a natural person who 
 physically performs electrical work on premises the person owns 
 and actually occupies as a residence or owns and will occupy as 
 a residence upon completion of construction. 

    Subd. 6f.    Electrical work.  The term "electrical work"
 means the installing, altering, repairing, planning, or laying 
 out of electrical wiring, apparatus, or equipment for light, 
 heat, power, or other purposes.  The installing, alteration, 
 repairing, planning, or laying out of electrical wiring, 
 apparatus, or equipment for light, heat, power, or other 
 purposes includes, but is not limited to, the performance of any 
 work governed by the standards referred to in section 326.243. 

    Subd. 6g.    Personal supervision.  The term "personal 
 supervision" means that a licensed electrician oversees and 
 directs the electrical work performed by an unlicensed person 
 such that: 

    (1) the licensed electrician actually reviews the 
 electrical work performed by the unlicensed person; 

    (2) the licensed electrician is immediately available to 
 the unlicensed person at all times for assistance and direction; 
 and 

    (3) the licensed electrician is able to and does determine 
 that all electrical work performed by the unlicensed person is 
 performed in compliance with section 326.243. 

    The licensed electrician is responsible for the compliance 
 with section 326.243 of all electrical work performed by the 
 unlicensed person.  

    Subd. 6h.    Complaint committee.  The term "complaint 
 committee" means a committee of the board which is authorized by 
 the board or other provisions of chapter 214 or sections 326.241 
 to 326.248 to investigate, mediate, or initiate administrative 
 or legal proceedings on behalf of the board with respect to 
 complaints filed with or information received by the board 
 alleging or indicating violations of sections 326.241 to 
 326.248.  The complaint committee shall consist of at least one 
 board member, the board's executive secretary, its assistant 
 executive secretary, and the attorney general staff member 
 assigned to provide legal services to the board. 

    Subd. 7.    Journeyman plumber.  A "journeyman plumber" 
 is any person, other than a master plumber, who, as a principal 
 occupation, is engaged as an employee of, or otherwise working 
 under the direction of, a master plumber in the practical 
 installation of plumbing.  

    Subd. 8.    Master plumber.  A "master plumber" is any 
 person skilled in the planning, superintending, and the 
 practical installation of plumbing and otherwise lawfully 
 qualified to contract for plumbing and installations and to 
 conduct the business of plumbing and who is familiar with the 
 laws and rules governing the same.  

    Subd. 9.    Plumber's apprentice.  A "plumber's 
 apprentice" is any person, other than a journeyman or master 
 plumber, who, as a principal occupation, is engaged in working 
 as an employee of a plumbing contractor under the immediate and 
 personal supervision of either a master or journeyman plumber or 
 plumbing contractor in learning and assisting in the 
 installation of plumbing.  

    Subd. 10.    High pressure steam piping.  "High 
 pressure steam piping" means steam piping operating under a 
 pressure of 15 pounds or more per square inch.  

    Subd. 11.    Journeyman steamfitter.  A "journeyman 
 steamfitter" is any person, other than a contracting 
 steamfitter, who, as a principal occupation, is engaged in the 
 practical installation of high pressure steam work.  

    Subd. 12.    Contracting steamfitter.  A "contracting 
 steamfitter" is any person skilled in the planning, 
 superintending, and the practical installation of high pressure 
 steamfitting, and who is familiar with the laws and rules 
 governing the same.  

    Subd. 13.    Steamfitter's apprentice.  A 
 "steamfitter's apprentice" is any person, other than a 
 journeyman or master steamfitter, who, as a principal 
 occupation, is engaged in learning and assisting in the 
 installation of high pressure steamfitting. 

    Subd. 14.    Person.  The term "person" includes an 
 individual, partnership, association, joint stock company, 
 trust, or corporation.  

    Subd. 15.    Distributor.  The term "distributor" 
 includes any person who engages, or contracts to engage, in the 
 distribution of motion picture films and is a resident of, or 
 legally authorized to do business in, this state.  

    Subd. 16.    Exhibitor.  The term "exhibitor" includes 
 any person who engages, or contracts to engage, in the 
 exhibition of motion picture films and is a resident of, or 
 legally authorized to do business in, this state.  

    Subd. 17.    License.  The term "license" includes the 
 offering, intending or making of a license agreement, contract, 
 or any type of agreement whereby a film, the distribution of 
 which is controlled by one of the parties is to be supplied to 
 and exhibited in a theatre owned, controlled, or operated by the 
 other party.  

    Subd. 18.    Feature motion picture film.  The term 
 "feature motion picture film" means all motion pictures, whether 
 copyrighted or uncopyrighted, including positive and negative 
 prints and copies or reproductions of such prints, which films 
 contain photoplays or other subjects and are produced for public 
 exhibition.  The term shall not include films commonly known as 
 short subjects, newsreels, trailers, serials, reissues, foreign, 
 and western pictures, and road shows.  

    Subd. 19.    Exhibition season.  The term "exhibition 
 season" means a period of 12 months as may be selected by the 
 producer-distributor, but there shall be no lapse of time 
 between the termination of one season and the beginning of the 
 next.  

    Subd. 20. Repealed, 1992 c 464 art 1 s 19 

    Subd. 21. Repealed, 1989 c 209 art 1 s 33 

    HIST: (5872, 5887, 5887-23, 5887-30, 5887-30e) 1907 c 457 s 8; 
 1913 c 554 s 1; 1933 c 349 s 5; 1937 c 367 s 1,6; 1937 c 370 s 
 4; 1941 c 460 s 1; 1943 c 474 s 1; 1947 c 253 s 1; 1957 c 907 s 
 1-3; 1967 c 602 s 10-16; 1979 c 121 s 1; 1985 c 73 s 1-4; 1985 c 
 248 s 70; 1Sp1985 c 6 s 2; 1986 c 373 s 1,2; 1986 c 402 s 1; 
 1986 c 444; 1991 c 289 s 1-9 

     326.02 Licensure or certification of architects, 
  engineers, surveyors, landscape architects, geoscientists, and 
  interior designers. 

    Subdivision 1.    Registration mandatory.  In order to 
 safeguard life, health, and property, and to promote the public 
 welfare, any person in either public or private capacity 
 practicing, or offering to practice, architecture, professional 
 engineering, land surveying, landscape architecture, or 
 professional geoscience, or using the title certified interior 
 designer in this state, either as an individual, a copartner, or 
 as agent of another, shall be licensed or certified as 
 hereinafter provided.  It shall be unlawful for any person to 
 practice, or to offer to practice, in this state, architecture, 
 professional engineering, land surveying, landscape 
 architecture, or professional geoscience, or to use the title 
 certified interior designer, or to solicit or to contract to 
 furnish work within the terms of sections 326.02 to 326.15, or 
 to use in connection with the person's name, or to otherwise 
 assume, use or advertise any title or description tending to 
 convey the impression that the person is an architect, 
 professional engineer (hereinafter called engineer), land 
 surveyor, landscape architect, professional geoscientist 
 (hereinafter called geoscientist), or certified interior 
 designer, unless such person is qualified by licensure or 
 certification under sections 326.02 to 326.15. 

    Subd. 2.    Practice of architecture.  Any person shall 
 be deemed to be practicing architecture, within the meaning of 
 sections 326.02 to 326.15, who holds out as being able to 
 perform or who does perform any professional service, such as 
 planning, design, or supervision of construction for the purpose 
 of assuring compliance with specifications and design, in 
 connection with any private or public buildings, structures or 
 projects, or the equipment or utilities thereof, or the 
 accessories thereto, wherein the safeguarding of life, health, 
 or property is concerned or involved, when such professional 
 service requires the application of the art and science of 
 construction based upon the principles of mathematics, 
 aesthetics, and the physical sciences, acquired by education or 
 training, and by experience.  For the purposes of this 
 subdivision "supervision" is a professional service as 
 distinguished from superintending of construction and means the 
 performance or the supervision thereof, of reasonable and 
 ordinary on the site observations to determine that the 
 construction is in substantial compliance with the approved 
 drawings, plans and specifications. 

    Subd. 3.    Practice of professional engineering.  Any 
 person shall be deemed to be practicing professional engineering 
 within the meaning of sections 326.02 to 326.15 who holds out as 
 being able to perform or who does perform any technical 
 professional service, such as planning, design or observation of 
 construction for the purpose of assuring compliance with 
 specifications and design, in connection with any public or 
 private structures, buildings, utilities, machines, equipment, 
 processes, works, or projects wherein the public welfare or the 
 safeguarding of life, health, or property is concerned or 
 involved, when such professional service requires the 
 application of the principles of mathematics and the physical 
 and applied engineering sciences, acquired by education or 
 training, and by experience. 

    Subd. 3a.    Practice of professional geoscience.  A 
 person is considered to be practicing professional geoscience 
 within the meaning of sections 326.02 to 326.15 who holds out as 
 being able to perform or who does perform any technical 
 professional services, the adequate performance of which 
 requires professional geoscience education, training, and 
 experience in the application of special knowledge of the 
 mathematical, physical, chemical, biological, and earth sciences 
 to such services or creative work as consultation, 
 investigation, evaluation, planning, mapping, and inspection of 
 geoscientific work and its responsible supervision. 

    A person is considered to practice or offer to practice 
 professional geoscience, within the meaning and intent of 
 sections 326.02 to 326.15 who practices any of the geoscience 
 disciplines defined by the board; who by verbal claim, sign, 
 advertisement, letterhead, card, or in any other way represents 
 oneself to be a professional geoscientist; through the use of 
 some other title implies that the person is a professional 
 geoscientist; or who presents oneself as able to perform or who 
 does perform any geoscience services or that constitutes the 
 practice of a professional geoscience discipline as defined by 
 the board.  

    "Geoscience" means the science which includes treatment of 
 the earth and its origin and history; the investigation, 
 measurement or sampling, of the earth's constituent rocks, 
 natural and induced fields of force, minerals, fossils, solids, 
 soils, fluids including surface and underground waters, gases, 
 and other materials; and the study, interpretation, and analysis 
 of the natural agents, forces, and processes which cause changes 
 in the earth. 

    Nothing in this subdivision shall be construed to prevent a 
 professional engineer, as defined in sections 326.02 to 326.15, 
 from acquiring engineering data involving soil, rock, 
 groundwater, and other earth materials; evaluating physical and 
 chemical properties of soil, rock, groundwater, and other earth 
 materials for engineering; and from utilizing these data for 
 analysis, design, and construction.  Nothing in this subdivision 
 shall be construed to permit a professional geoscientist to 
 engage in the practice of professional engineering, 
 architecture, landscape architecture, or land surveying or to 
 use the title "certified interior design" as those terms are 
 defined in this section.  Nothing in this subdivision shall be 
 construed to regulate persons who take soil samples for the 
 purpose of providing recommendations on crop production. 

    Subd. 4.    Practice of land surveying.  Land surveying 
 means the application of the principles of mathematics, physical 
 and applied sciences and law to measuring and locating lines, 
 angles, elevations and natural or artificial features in the 
 air, on the surface of the earth, underground and on the beds of 
 bodies of water for the purpose of:  

    (1) monumenting property boundaries; 

    (2) planning, designing, and platting of land and 
 subdivisions including the topography, alignment and grades of 
 streets; and 

    (3) preparing and perpetuating maps, record plats and 
 property descriptions.  

    Any person who offers to perform, holds out as being able 
 to perform, or who does perform land surveying for others shall 
 be practicing land surveying.  

    Nothing contained in the provisions of sections 326.02 to 
 326.15, shall prohibit a licensed professional engineer, 
 architect, landscape architect, or professional geoscientist 
 from doing any work included in the practice of engineering, 
 architecture, landscape architecture, and professional 
 geoscience, if the work does not involve the establishment or 
 reestablishment of property corners or property lines.  

    Subd. 4a.    Practice of landscape architecture.  Any 
 person shall be deemed to be practicing landscape architecture, 
 within the meaning of sections 326.02 to 326.15, who holds out 
 as being able to perform or who does perform any professional 
 service in connection with the development of land areas where 
 the dominant purpose of the service is the preservation, 
 enhancement or determination of proper land uses, natural land 
 features, ground cover and planting, naturalistic and aesthetic 
 values, the settings, approaches or environment for structures 
 or other improvements, and the consideration and determination 
 of inherent problems of the land relating to erosion, wear and 
 tear, blight and hazards.  This practice shall include the 
 location and arrangement of tangible objects and features 
 incidental and necessary to the purposes outlined but shall not 
 include the design of structures or facilities with separate and 
 self-contained purposes as ordinarily included in the practice 
 of engineering or architecture or the preparation of boundary 
 surveys or final land plats, as ordinarily included in the 
 practice of land surveying. 

    Nothing contained in sections 326.02 to 326.15 concerning 
 landscape architects shall be construed: 

    (1) to apply to a professional engineer duly registered 
 under the laws of this state; 

    (2) to apply to an architect registered under the laws of 
 this state; 

    (3) to apply to a land surveyor registered under the laws 
 of this state; 

    (4) to prevent a registered architect or professional 
 engineer from doing landscape planning and designing; 

    (5) to exclude nursery operators or other small business 
 people from the preparation of landscape plans appropriate to 
 the normal operation of their business; 

    (6) to authorize a landscape architect to engage in the 
 practice of architecture, engineering, land surveying, or 
 geoscience.  

    No person shall use the designation landscape architect or 
 any title or device indicating or representing that the person 
 is a landscape architect or is practicing landscape architecture 
 unless the person is registered under the provisions of sections 
 326.02 to 326.15. 

    Subd. 4b.    Certified interior designer.  (a) For the 
 purposes of sections 326.02 to 326.15, "certified interior 
 designer" means a person who is certified under section 326.10, 
 to use the title certified interior designer and who provides 
 services in connection with the design of public interior 
 spaces, including preparation of documents relative to 
 non-load-bearing interior construction, space planning, finish 
 materials, and furnishings. 

    (b) No person may use the title certified interior designer 
 unless that person has been certified as an interior designer or 
 has been exempted by the board.  Registered architects may be 
 certified without additional testing.  Persons represent 
 themselves to the public as certified interior designers if they 
 use a title that incorporates the words certified interior 
 designer.  

    (c) Nothing in this section prohibits the use of the title 
 interior designer or the term interior design by persons not 
 certified by the board.  

    (d) Nothing in this section restricts persons not certified 
 by the board from providing interior design services and from 
 saying that they provide such services, as long as they do not 
 use the title certified interior designer. 

    (e) Nothing in this section authorizes certified interior 
 designers to engage in the practice of architecture as defined 
 in subdivision 2 or the practice of engineering as defined in 
 subdivision 3. 

    Subd. 5.    Limitation.  The provisions of sections 
 326.02 to 326.15 shall not apply to the preparation of plans and 
 specifications for the erection, enlargement, or alteration of 
 any building or other structure by any person, for that person's 
 exclusive occupancy or use, unless such occupancy or use 
 involves the public health or safety or the health or safety of 
 the employees of said person, or of the buildings listed in 
 section 326.03, subdivision 2, nor to any detailed or shop plans 
 required to be furnished by a contractor to a registered 
 engineer, landscape architect, architect, or certified interior 
 designer, nor to any standardized manufactured product, nor to 
 any construction superintendent supervising the execution of 
 work designed by an architect, landscape architect, engineer, or 
 certified interior designer licensed or certified in accordance 
 with section 326.03, nor to the planning for and supervision of 
 the construction and installation of work by an electrical 
 contractor or master plumber as defined in and licensed pursuant 
 to this chapter, where such work is within the scope of such 
 licensed activity and not within the practice of professional 
 engineering, or architecture, or where the person does not claim 
 to be a certified interior designer as defined in subdivision 2, 
 3, or 4b. 

    HIST: (5697-1) 1921 c 523 s 1; 1933 c 404 s 1; 1945 c 380 s 1; 
 Ex1967 c 28 s 1; 1971 c 22 s 1-3; 1973 c 245 s 1; 1975 c 329 s 
 1-3; 1979 c 209 s 1; 1Sp1981 c 4 art 1 s 25-29; 1986 c 444; 1992 
 c 507 s 3-5; 1995 c 206 s 4-7 

     326.03 License or certificate required. 

    Subdivision 1.    Plans; documents.  No person, except 
 an architect, engineer, land surveyor, landscape architect, 
 geoscientist, or certified interior designer, licensed or 
 certified as provided for in sections 326.02 to 326.15 shall 
 practice architecture, professional engineering, land surveying, 
 landscape architecture, or professional geoscience, or use the 
 title certified interior designer, respectively, in the 
 preparation of plans, specifications, reports, plats or other 
 architectural, engineering, land surveying, landscape 
 architectural, geoscientific, or interior design documents, or 
 in the observation of architectural, engineering, land 
 surveying, landscape architectural, geoscientific, or interior 
 design projects.  In preparation of such documents, reasonable 
 care shall be given to compliance with applicable laws, 
 ordinances, and building codes relating to design. 

    Subd. 2.    Exceptions.  Nothing contained in sections 
 326.02 to 326.15 shall prevent persons from advertising and 
 performing services such as consultation, investigation, or 
 evaluation in connection with, or from making plans and 
 specifications for, or from supervising, the erection, 
 enlargement, or alteration of any of the following buildings: 

    (a) Dwellings for single families, and outbuildings in 
 connection therewith, such as barns and private garages; 

    (b) Two family dwellings; 

    (c) Any farm building or accessory thereto; or 

    (d) Temporary buildings or sheds used exclusively for 
 construction purposes, not exceeding two stories in height, and 
 not used for living quarters. 

    Subd. 3.    Recording.  No plat, map, or drawing of any 
 survey or subdivision of lands required by law to be filed or 
 recorded with the county recorder or registered with the 
 registrar of titles of any county, shall be filed, recorded, or 
 registered therein unless there shall be endorsed thereon a 
 certification by a licensed land surveyor. 

    Subd. 4.    Exception for persons elected in office.  
 The provisions hereof shall not apply to any person holding an 
 elective office when in discharging the duties thereof such 
 person is required to do work or perform service of the 
 character of work or service usually done or performed by an 
 architect, engineer, land surveyor, landscape architect, or 
 geoscientist. 

    Subd. 5.    Insurance companies; rating bureaus.  The 
 provisions of sections 326.02 to 326.15 shall not apply to 
 inspection and service work done by employees of insurance 
 companies, their agents, or insurance rating bureaus. 

    HIST: (5697-2) 1921 c 523 s 2; 1933 c 404 s 1; 1945 c 380 s 2; 
 Ex1967 c 28 s 2; 1975 c 83 s 1; 1975 c 329 s 4,5; 1976 c 181 s 
 2; 1976 c 222 s 138; 1978 c 577 s 1,2; 1Sp1981 c 4 art 1 s 30; 
 1987 c 8 s 1; 1987 c 384 art 1 s 30; 1989 c 329 art 5 s 15; 1990 
 c 562 art 5 s 11; 1992 c 507 s 6; 1995 c 206 s 8,9; 1998 c 324 s 
 9 

     326.031 Specifications for public facilities, use of 
  brand names. 

    Any engineer, architect, certified interior designer, or 
 other person preparing specifications with respect to a contract 
 for the construction of any facility for the state, or any 
 agency or department thereof, or for any county, city, town, or 
 school district, shall at the time of submitting such 
 specifications to the governing body of the organization 
 requesting the specifications, submit to such body, in writing, 
 a list showing each item in the specifications which has been 
 specified by brand name, unless such specifications allow for 
 the consideration of an equal.  

    HIST: 1969 c 635 s 1; 1973 c 123 art 5 s 7; 1992 c 507 s 7 

     326.04 Board of architecture, engineering, land 
  surveying, landscape architecture, geoscience, and interior 
  design. 

    To carry out the provisions of sections 326.02 to 326.15 
 there is hereby created a board of architecture, engineering, 
 land surveying, landscape architecture, geoscience, and interior 
 design consisting of 21 members, who shall be appointed by the 
 governor.  Three members shall be licensed architects, five 
 members shall be licensed engineers, two members shall be 
 licensed landscape architects, two members shall be licensed 
 land surveyors, two members shall be certified interior 
 designers, two members shall be licensed geoscientists, and five 
 members shall be public members.  Not more than one member of 
 the board shall be from the same branch of the profession of 
 engineering.  The first professional geoscientist members shall 
 be appointed as soon as possible and no later than October 1, 
 1995.  One of these members shall serve for a term to end 
 January 1, 1997.  The other member shall serve for a term to end 
 January 1, 1999.  The second licensed landscape architect and 
 certified interior designer members shall be appointed to 
 succeed the two public members whose terms end on January 1, 
 1996.  The second licensed landscape architect and certified 
 interior designer members shall be appointed by the governor no 
 later than October 1, 1995, and shall serve a term to end on 
 January 1, 2000.  During the time from the appointment of these 
 members until January 1, 1996, the board shall consist of 23 
 members.  Membership terms, compensation of members, removal of 
 members, the filling of membership vacancies, and fiscal year 
 and reporting requirements shall be as provided in sections 
 214.07 to 214.09.  Members shall be limited to two terms.  The 
 provision of staff, administrative services and office space; 
 the review and processing of complaints; the setting of board 
 fees; and other provisions relating to board operations shall be 
 as provided in chapter 214. 

    HIST: (5697-3) 1921 c 523 s 3; 1949 c 86 s 1; 1973 c 638 s 42; 
 1975 c 136 s 55; 1975 c 329 s 6; 1976 c 222 s 139; 1976 c 239 s 
 63; 1979 c 209 s 2; 1991 c 199 art 1 s 50; 1992 c 507 s 8; 1995 
 c 206 s 10; 1998 c 324 s 1 

     326.05 Qualifications of board members. 

    Each member of the board shall be a resident of this state 
 at the time of and throughout the member's appointment.  Each 
 member except the public members shall have been engaged in the 
 practice of the relevant profession for at least ten years and 
 shall have been in responsible charge of professional work 
 requiring licensure as an architect, engineer, land surveyor, 
 landscape architect, or geoscientist, or certification as an 
 interior designer for at least five years.  

    HIST: (5697-4) 1921 c 523 s 4; 1973 c 638 s 43; 1975 c 329 s 
 7; 1976 c 222 s 140; 1986 c 444; 1992 c 507 s 9; 1995 c 206 s 
 11; 1998 c 324 s 2 

     326.06 General powers and duties of board. 

    Each member of the board shall receive a certificate of 
 appointment from the governor, and, before beginning a term of 
 office, shall file with the secretary of state the 
 constitutional oath of office.  The board shall adopt and have 
 an official seal, which shall be affixed to all licenses 
 granted; shall make all rules, not inconsistent with law, needed 
 in performing its duties; and shall fix standards for 
 determining the qualifications of applicants for certificates, 
 which shall not exceed the requirements contained in the 
 curriculum of a recognized school of architecture, landscape 
 architecture, engineering, geoscience, or interior design.  The 
 board shall make rules to define classes of buildings with 
 respect to which persons performing services described in 
 section 326.03, subdivision 2, may be exempted from the 
 provisions of sections 326.02 to 326.15, by a finding of no 
 probable risk to life, health, property or public welfare. 

    HIST: (5697-5) 1921 c 523 s 5; 1975 c 329 s 8; 1976 c 222 s 
 141; 1978 c 577 s 3; 1979 c 222 s 1; 1986 c 444; 1987 c 8 s 2; 
 1987 c 384 art 1 s 31; 1992 c 507 s 10; 1995 c 206 s 12 

     326.07 Board, meetings of, officers, quorum. 

    The board shall hold meetings at such times the board shall 
 specify.  Notice of all meetings shall be given in such manner 
 as the bylaws may provide as described in chapter 13D.  The 
 board shall elect annually from its members a chair, a 
 vice-chair, a secretary and a treasurer.  A quorum of the board 
 shall consist of a majority of members of the board qualified to 
 vote on the matter in question. 

    HIST: (5697-6) 1921 c 523 s 6; 1949 c 86 s 2; 1973 c 638 s 44; 
 1975 c 136 s 56; 1975 c 329 s 9; 1986 c 444; 1992 c 507 s 11; 
 1995 c 206 s 13; 1998 c 324 s 3 

  326.08 Repealed, 1998 c 324 s 10 

     326.09 Records of board. 

    The board shall keep a record of its proceedings and a 
 register of all applicants for licensing, showing for each the 
 date of application, name, age, educational and other 
 qualifications, place of business, and the place of residence, 
 whether or not an examination was required and whether the 
 applicant was rejected or a license granted, and the date of 
 such action.  The books and register of the board shall be prima 
 facie evidence of all matters recorded therein.  A roster 
 showing the names and places of business or of residence of all 
 licensed architects, engineers, land surveyors, landscape 
 architects, geoscientists, and certified interior designers 
 shall be prepared annually.  Rosters may be printed out of the 
 funds of the board. 

    HIST: (5697-8) 1921 c 523 s 8; 1955 c 847 s 23; 1957 c 15; 
 1975 c 329 s 11; 1976 c 222 s 144; 1992 c 507 s 13; 1995 c 206 s 
 15; 1998 c 324 s 4 

     326.10 Licensure and certification. 

    Subdivision 1.    Issuance.  (a) The board shall on 
 application therefor on a prescribed form, and upon payment of a 
 fee prescribed by rule of the board, issue a license or 
 certificate as an architect, engineer, land surveyor, landscape 
 architect, geoscientist, or certified interior designer.  A 
 separate fee shall be paid for each profession licensed. 

    (1) To any person over 25 years of age, who is of good 
 moral character and repute, and who has the experience and 
 educational qualifications which the board by rule may prescribe.

    (2) To any person who holds an unexpired certificate of 
 registration or license issued by proper authority in the 
 District of Columbia, any state or territory of the United 
 States, or any foreign country, in which the requirements for 
 registration or licensure of architects, engineers, land 
 surveyors, landscape architects, geoscientists, or certified 
 interior designers, respectively, at the time of registration or 
 licensure in the other jurisdiction, were equal, in the opinion 
 of the board, to those fixed by the board and by the laws of 
 this state, and in which similar privileges are extended to the 
 holders of certificates of registration or licensure issued by 
 this state.  The board may require such person to submit a 
 certificate of technical qualification from the National Council 
 of Architectural Registration Boards in the case of an 
 architect, from the National Council of Engineering Examiners in 
 the case of an engineer, from the National Council of Landscape 
 Architects Registration Board in the case of a landscape 
 architect, and from the National Council for Interior Design 
 Qualifications in the case of a certified interior designer. 

    (b) Notwithstanding paragraph (a), for one year from the 
 effective date of rules adopted by the board with respect to the 
 discipline of professional geoscience, the board may accept as 
 evidence that the applicant is qualified for licensing in the 
 discipline of professional geoscience:  

    (1) a record of graduation with a baccalaureate degree from 
 a school or college having accreditation defined by the board 
 and a geoscience or associated science curriculum approved by 
 the board; and 

    (2) at least five years of active professional practice in 
 the discipline of professional geoscience as approved by the 
 board. 

    Subd. 2.    Examination.  The board, or a committee of 
 the board, may subject any applicant for licensure or 
 certification to such examinations as may be deemed necessary to 
 establish qualifications. 

    In determining the qualifications of applicants, at least 
 one member determining the qualifications must be licensed or 
 certified in the same profession as that being evaluated. 

    Subd. 2a.    Needs of physically disabled, inclusion in 
 examination.  Examinations for architect, civil structural 
 engineer, landscape architect, and certified interior designer 
 shall include questions which require the applicant to 
 demonstrate knowledge of the design needs of people with 
 physical disabilities and of the relevant statutes and codes.  
 The questions shall be developed by the board in consultation 
 with the department of administration. 

    Subd. 3.  Repealed, Ex1967 c 28 s 9 

    Subd. 4.  Repealed, 1976 c 222 s 209 

    Subd. 5.    Delayed renewal fee.  The failure on the 
 part of any licensee to renew a license shall not deprive such 
 person of the right of renewal thereafter, but a late renewal 
 fee shall be paid in addition to the renewal fee for each 
 profession. 

    Subd. 6.  Repealed, Ex1967 c 28 s 9 

    Subd. 7.    Engineer-in-training; land 
 surveyor-in-training; landscape architect-in-training; 
 geoscientist-in-training.  (1) An applicant for certification 
 as an engineer-in-training who is a graduate with a bachelor of 
 engineering degree from a school or college having an 
 engineering curriculum accredited by the engineers' council for 
 professional development or whose education, in the opinion of 
 the board, is equivalent thereto, shall receive from the board, 
 upon passing an examination in fundamental engineering subjects, 
 a certificate stating that the applicant has passed such 
 examination and that the applicant's name has been recorded as 
 an engineer-in-training. 

    (2) An applicant for certification as a land 
 surveyor-in-training who is a graduate with a bachelor's degree 
 from a school or college having an accredited engineering or 
 land surveying curriculum or who has equivalent education, in 
 the opinion of the board, shall receive from the board, upon 
 passing a written examination in the fundamentals of mathematics 
 and the basic principles of land surveying, a certificate 
 stating that the applicant has passed such examination and that 
 the applicant's name has been recorded as a land 
 surveyor-in-training. 

    (3) Any applicant for certification as a landscape 
 architect-in-training who is a graduate with a degree from a 
 school or college having a landscape architecture curriculum 
 accredited by the American Society of Landscape Architects 
 committee on education or who has had equivalent education or 
 experience or a combination thereof of a grade and character 
 acceptable to the board shall receive from the board, upon 
 passing an examination in fundamental landscape architectural 
 subjects, a certificate stating that the applicant has passed 
 that examination and that the applicant's name has been recorded 
 as a landscape architect-in-training. 

    (4) An applicant for certification as a 
 geoscientist-in-training who is a graduate with a baccalaureate 
 degree from a school or college having accreditation defined by 
 the board and a geoscience or associated science curriculum 
 approved by the board, shall receive from the board, upon 
 passing the appropriate examination in fundamental geoscience 
 subjects for the applicant's discipline as approved by the 
 board, a certificate stating that the applicant's name has been 
 recorded as a geoscientist-in-training with the appropriate 
 geoscientist-in-training legend as approved by the board. 

    HIST: (5697-9) 1921 c 523 s 9; 1933 c 404 s 2; 1945 c 380 s 3; 
 1949 c 86 s 3; 1949 c 507 s 1; 1955 c 433 s 1; 1959 c 336 s 1-5; 
 1961 c 519 s 1; Ex1967 c 28 s 4-7; 1971 c 22 s 5; 1971 c 25 s 
 61; 1975 c 329 s 12; 1976 c 222 s 145; 1978 c 483 s 1; 1986 c 
 444; 1992 c 507 s 14-16; 1995 c 206 s 16-18; 1998 c 324 s 5,6 

     326.105 Fees. 

    The fee for licensure or renewal of licensure as an 
 architect, professional engineer, land surveyor, landscape 
 architect, or geoscience professional is $120 per biennium.  The 
 fee for certification as a certified interior designer or for 
 renewal of the certificate is $120 per biennium.  The fee for an 
 architect applying for original certification as a certified 
 interior designer is $50 per biennium.  The initial license or 
 certification fee for all professions is $120.  The renewal fee 
 shall be paid biennially on or before June 30 of each 
 even-numbered year.  The renewal fee, when paid by mail, is not 
 timely paid unless it is postmarked on or before June 30 of each 
 even-numbered year.  The application fee is $25 for in-training 
 applicants and $75 for professional license applicants. 

    The fee for monitoring licensing examinations for 
 applicants is $25, payable by the applicant. 

    HIST: 1999 c 213 s 1; 1999 c 223 art 2 s 59; 2000 c 488 art 2 
 s 20 

     326.106 Definitions. 

    Subdivision 1.    Scope.  The terms used in section 
 326.107 have the meanings given them in this section.  

    Subd. 2.    Biennial renewal.  "Biennial renewal" means 
 a period of time consisting of two consecutive 12-month periods 
 ending on June 30 of each even-numbered year. 

    Subd. 3.    Dual license or certificate holder.  "Dual 
 license or certificate holder" means a person who is licensed or 
 certified in two professions regulated by the board. 

    Subd. 4.    Professional development hours.  
 "Professional development hours" means contact hours consisting 
 of not less than 50 minutes each of instruction or presentation 
 meeting the requirements of section 326.107.  

    HIST: 1999 c 213 s 2 

     326.107 Continuing education. 

    Subdivision 1.    Requirements.  (a) Architects, 
 professional engineers, land surveyors, landscape architects, 
 geoscientists, and interior designers licensed or certified by 
 this board must obtain the number of professional development 
 hours described in paragraphs (b) to (d) during each two-year 
 period of licensure or certification identified in section 
 326.105.  This requirement must be satisfied during the two-year 
 period prior to biennial renewal except for a carryover 
 permitted from the previous renewal period, which must not 
 exceed 50 percent of the biennial requirement of professional 
 development hours. 

    (b) Licensed professional engineers must earn a minimum of 
 24 professional development hours per biennial renewal except 
 for the carryover permitted. 

    (c) Licensed architects, land surveyors, landscape 
 architects, geoscientists, and certified interior designers must 
 earn a minimum of 24 professional development hours per biennial 
 renewal except for the carryover permitted. 

    (d) Dual license or certificate holders who have obtained a 
 license or certificate for two professions must earn 
 professional development hours required by the license or 
 certificate requiring the greatest number of professional 
 development hours and must obtain in each profession a minimum 
 of one-third of the total professional development hours 
 required.  The remaining one-third requirement may be obtained 
 in either profession at the sole discretion of the licensee or 
 certificate holder. 

    Subd. 2.    Programs and activities.  Continuing 
 education must consist of learning experiences which enhance and 
 expand the skills, knowledge, and abilities of practicing 
 professionals to remain current and render competent 
 professional services to the public.  Practitioners may pursue 
 technical, nontechnical, regulatory, ethical, and business 
 practice needs for a well-rounded education provided the 
 education directly benefits the health, safety, or welfare of 
 the public.  Continuing education activities which satisfy the 
 professional development requirement include, but are not 
 limited to, the following: 

    (1) completing or auditing college-sponsored courses; 

    (2) completing self-study college or non-college-sponsored 
 courses, presented by correspondence, Internet, television, 
 video, or audio, ending with examination or other verification 
 processes; 

    (3) participation in seminars, tutorials, televised or 
 videotaped courses, or short courses; 

    (4) attending self-sponsored and prepared in-house 
 educational programs; 

    (5) completing a study tour with a structured program 
 resulting in a written or visual presentation by the licensee or 
 certificate holder; 

    (6) presenting or instructing qualifying courses or 
 seminars.  Professional development hours may be earned for 
 preparation time for the initial presentation; 

    (7) authoring published papers, articles, or books.  
 Professional development hours earned may equal preparation time 
 spent, may be claimed only following publication, and shall be 
 given for authorship or presentation, but not for both; 

    (8) participating in professional examination grading or 
 writing.  A maximum of five professional development hours per 
 biennium may be applied from this source; 

    (9) providing professional service to the public which 
 draws upon the licensee's or certificate holder's professional 
 expertise on boards, commissions, and committees such as 
 planning commissions, building code advisory boards, urban 
 renewal boards, or non-work-related volunteer service.  A 
 maximum of ten professional development hours per biennium may 
 be applied from this source; and 

    (10) patents, after they are granted, for a credit of ten 
 professional development hours. 

    Subd. 3.    Criteria.  (a) Continuing education courses 
 and activities must meet the criteria in paragraphs (b) to (f). 

    (b) There must be a clear purpose and objective for each 
 activity which will maintain, improve, or expand skills and 
 knowledge obtained prior to initial licensure or certification 
 or develop new and relevant skills and knowledge. 

    (c) The content of each presentation must be well organized 
 and presented in a sequential manner. 

    (d) There must be evidence of preplanning which must 
 include the opportunity for input by the target group to be 
 served. 

    (e) The presentation must be made by persons who are well 
 qualified by education or experience. 

    (f) There must be a provision for documentation of the 
 individual's participation in the activity, including 
 information required for recordkeeping and reporting. 

    Subd. 4.    Exemptions.  (a) A licensee or certificate 
 holder is exempt from the continuing education requirements for 
 one of the reasons listed in paragraphs (b) to (d). 

    (b) A new licensee or certificate holder is exempt for the 
 individual's first biennial renewal. 

    (c) A licensee or certificate holder who has experienced 
 during the biennial renewal a serious illness, injury, or other 
 extenuating circumstances as reviewed and approved by the board 
 is exempt.  Supporting documentation must be furnished to the 
 board prior to the end of the biennial renewal period. 

    (d) A licensee or certificate holder is exempt who, for a 
 period of time exceeding 120 consecutive days, serves honorably 
 on active duty in the military services where such activity 
 restricts participation in a continuing education program. 

    Subd. 5.    Comity.  Continuing education requirements 
 may be met without completing the entire renewal form if an 
 individual is licensed or certified in another state, province, 
 or district which is listed by the Minnesota board as having 
 continuing education requirements acceptable to the Minnesota 
 board and the licensee or certificate holder certifies in the 
 appropriate section that all continuing education and licensing 
 or certification requirements for that state, province, or 
 district have been met.  The licensee or certificate holder must 
 still maintain complete records as described in subdivision 7. 

    Subd. 6.    Forms.  A renewal application must include a 
 completed continuing education form as specified by the board 
 outlining professional development hours claimed.  The licensee 
 or certificate holder must supply sufficient detail on the form 
 to permit audit verification, must sign the continuing education 
 form certifying completion of the requirements, and must submit 
 the form with the renewal application and fee in section 326.105.

    Subd. 7.    Reports and records.  The licensee or 
 certificate holder shall maintain a file in which records of 
 courses and activities are kept, including dates, subjects, 
 duration of programs, sponsoring organization, professional 
 development hours earned, registration receipts where 
 appropriate, and other pertinent documentation, for a period of 
 two years after submission to the board.  This information may 
 be required to be produced by licensees or certificate holders.  
 The board may require a licensee or certificate holder to 
 produce this information in connection with verification of a 
 renewal application, a random audit conducted by the board, or 
 upon receipt of a complaint alleging noncompliance on the part 
 of a licensee or certificate holder. 

    Subd. 8.    Noncompliance.  A licensee or certificate 
 holder who does not satisfy the continuing education 
 requirements for licensure or certification renewal shall be 
 placed on probationary status and shall be promptly notified of 
 that fact.  The licensee or certificate holder has 180 days 
 after notification to substantiate the original claim or to earn 
 other professional development hours to meet the minimum 
 requirement.  If the deficiencies are not made up within the 
 specified period of time, the individual's licensure or 
 certification shall be suspended.  Professional development 
 hours earned within the probation period and applied to current 
 renewal may not be applied to the requirements for the following 
 biennial renewal.  

    An individual who applies for license or certification 
 renewal after the biennial renewal period has lapsed and has not 
 satisfied the continuing education requirements shall be 
 notified of that fact.  The licensee or certificate holder shall 
 have 180 days after notification to substantiate the original 
 claim or to earn other professional development hours to meet 
 the minimum requirement.  If the deficiencies are not made up 
 within the specified period of time, the individual's licensure 
 or certification shall be suspended. 

    Subd. 9.    Reinstatement.  A person who wishes to 
 reinstate a lapsed license or certificate of one year or more 
 must satisfy one-half the biennium requirement multiplied by the 
 number of years of lapsed status.  The minimum continuing 
 education requirement is one-half the biennium requirement.  The 
 maximum continuing education requirement is equal to the 
 biennium requirement.  The requirement shall be satisfied with 
 continuing education acquired within the period of the lapse, 
 not to exceed four years, prior to reinstatement. 

    HIST: 1999 c 213 s 3 

     326.11 License or certificate suspension, revocation, 
  reissuance, replacement. 

    Subdivision 1.    Revocation or suspension.  The board 
 shall have the power to revoke or suspend the license or 
 certificate of any architect, engineer, land surveyor, landscape 
 architect, geoscientist, or certified interior designer, who is 
 found guilty by the board of any fraud or deceit in obtaining a 
 license or certificate, or of attaching the licensee's or 
 certificate holder's seal or signature to any plan, 
 specification, report, plat, or other architectural, 
 engineering, land surveying, landscape architectural, 
 geoscientific, or interior design document not prepared by the 
 person signing or sealing it or under that person's direct 
 supervision, or of gross negligence, incompetency, or misconduct 
 in the practice of architecture, engineering, land surveying, 
 landscape architecture, geoscience, or interior design, or upon 
 conviction of any violation of sections 326.02 to 326.15 or 
 amendments thereof, or of any crime involving moral turpitude or 
 upon adjudication of insanity or incompetency. 

    Subd. 2.  Repealed, 1976 c 222 s 209 

    Subd. 3.  Repealed, 1976 c 222 s 209 

    Subd. 4.  Repealed, 1976 c 222 s 209 

    Subd. 5.    Reissuance.  The board may reissue a 
 license to any person whose license has been suspended or 
 revoked upon application for relicensure. 

    Subd. 6.    Replacement.  A new license to replace any 
 license revoked, lost, destroyed, or mutilated, may be issued, 
 subject to the rules of the board. 

    HIST: (5697-10) 1921 c 523 s 10; 1945 c 380 s 4; 1949 c 86 s 
 4; Ex1967 c 28 s 8; 1975 c 329 s 13-16; 1976 c 222 s 146-148; 
 1978 c 514 s 1; 1Sp1981 c 4 art 1 s 32; 1986 c 444; 1992 c 507 s 
 17; 1995 c 206 s 19 

     326.111 Issuance, denial, revocation, and suspension of 
  licenses and certificates; discipline. 

    Subdivision 1.    Generally.  (a) If the board, or the 
 complaint committee if authorized by the board, has a reasonable 
 basis to believe that a person has engaged in an act or practice 
 constituting the unauthorized practice of architecture, 
 engineering, land surveying, landscape architecture, geoscience, 
 or the unauthorized use of the title certified interior 
 designer, or a violation of a statute, rule, or order that the 
 board has issued or is empowered to enforce, the board, or the 
 complaint committee if authorized by the board, may proceed as 
 described in subdivisions 2 and 3. 

    (b) The board shall establish a complaint committee to 
 investigate, mediate, or initiate administrative or legal 
 proceedings on behalf of the board with respect to complaints 
 filed with or information received by the board alleging or 
 indicating the unauthorized practice of architecture, 
 engineering, land surveying, landscape architecture, geoscience, 
 or the unauthorized use of the title certified interior 
 designer, or a violation of statute, rule, or order that the 
 board has issued or is empowered to enforce.  The complaint 
 committee shall consist of five members of the board, with no 
 more than one from each of the professions licensed by the 
 board, and no more than two public members. 

    (c) Except as otherwise described in this section, all 
 hearings shall be conducted in accordance with chapter 14. 

    Subd. 2.    Legal action.  (a) When necessary to prevent 
 the unauthorized practice of architecture, engineering, land 
 surveying, landscape architecture, geoscience, or the 
 unauthorized use of the title certified interior designer, or a 
 violation of a statute, rule, or order that the board has issued 
 or is empowered to enforce, the board, or the complaint 
 committee if authorized by the board, may bring an action in the 
 name of the state in the district court in Ramsey county or in 
 any county in which jurisdiction is proper to enjoin the act, 
 practice, or violation and to enforce compliance with the 
 statute, rule, or order.  Upon a showing that a person has 
 engaged in an act or practice constituting the unauthorized 
 practice of architecture, engineering, land surveying, landscape 
 architecture, geoscience, or the unauthorized use of the title 
 certified interior designer, or a violation of a statute, rule, 
 or order that the board has issued or is empowered to enforce, a 
 permanent or temporary injunction, restraining order, or other 
 appropriate relief shall be granted. 

    (b) For purposes of injunctive relief under this 
 subdivision, irreparable harm exists when the board shows that a 
 person has engaged in an act or practice constituting the 
 unauthorized practice of architecture, engineering, land 
 surveying, landscape architecture, geoscience, or the 
 unauthorized use of the title certified interior designer, or a 
 violation of a statute, rule, or order that the board has issued 
 or is empowered to enforce. 

    (c) Injunctive relief granted under paragraph (a) does not 
 relieve an enjoined person from criminal prosecution by a 
 competent authority or from disciplinary action by the board 
 with respect to the person's license, certificate, or 
 application for examination, license, or renewal. 

    Subd. 3.    Cease and desist orders.  (a) The board, or 
 the complaint committee if authorized by the board, may issue 
 and have served upon a person an order requiring the person to 
 cease and desist from the unauthorized practice of architecture, 
 engineering, land surveying, landscape architecture, geoscience, 
 or the unauthorized use of the title certified interior 
 designer, or violation of the statute, rule, or order.  The 
 order shall be calculated to give reasonable notice of the 
 rights of the person to request a hearing and shall state the 
 reasons for the entry of the order. 

    (b) Service of the order is effective if the order is 
 served on the person or counsel of record personally or by 
 certified mail to the most recent address provided to the board 
 for the person or counsel of record. 

    (c) Unless otherwise agreed by the board, or the complaint 
 committee if authorized by the board, and the person requesting 
 the hearing, the hearing shall be held no later than 30 days 
 after the request for the hearing is received by the board. 

    (d) The administrative law judge shall issue a report 
 within 30 days of the close of the contested case hearing 
 record, notwithstanding Minnesota Rules, part 1400.8100, subpart 
 3.  Within 30 days after receiving the report and any exceptions 
 to it, the board shall issue a further order vacating, 
 modifying, or making permanent the cease and desist orders as 
 the facts require. 

    (e) If no hearing is requested within 30 days of service of 
 the order, the order becomes final and remains in effect until 
 it is modified or vacated by the board. 

    (f) If the person to whom a cease and desist order is 
 issued fails to appear at the hearing after being duly notified, 
 the person is in default and the proceeding may be determined 
 against that person upon consideration of the cease and desist 
 order, the allegations of which may be considered to be true. 

    Subd. 4.    Actions against applicants and licensees.  
 (a) The board may, by order, deny, refuse to renew, suspend, 
 temporarily suspend, or revoke the application, license, or 
 certification of a person; censure or reprimand that person; 
 condition or limit the person's practice; refuse to permit a 
 person to sit for examination; or refuse to release the person's 
 examination grades if the board finds that the order is in the 
 public interest and the applicant, licensee, or certificate 
 holder: 

    (1) has violated a statute, rule, or order that the board 
 has issued or is empowered to enforce; 

    (2) has engaged in conduct or acts that are fraudulent, 
 deceptive, or dishonest whether or not the conduct or acts 
 relate to the practice of architecture, engineering, land 
 surveying, landscape architecture, geoscience, or certified 
 interior design, providing that the fraudulent, deceptive, or 
 dishonest conduct or acts reflect adversely on the person's 
 ability or fitness to engage in the practice of architecture, 
 engineering, land surveying, landscape architecture, geoscience, 
 or certified interior design; 

    (3) has engaged in conduct or acts that are negligent or 
 otherwise in violation of the standards established by Minnesota 
 Rules, chapters 1800 and 1805, where the conduct or acts relate 
 to the practice of architecture, engineering, land surveying, 
 landscape architecture, geoscience, or use of the title 
 certified interior designer; 

    (4) has been convicted of or has pled guilty or nolo 
 contendere to a felony, an element of which is dishonesty or 
 fraud, whether or not the person admits guilt, or has been shown 
 to have engaged in acts or practices tending to show that the 
 applicant or licensee is incompetent or has engaged in conduct 
 reflecting adversely on the person's ability or fitness to 
 engage in the practice of architecture, engineering, land 
 surveying, landscape architecture, geoscience, or use of the 
 title certified interior designer; 

    (5) employed fraud or deception in obtaining a certificate, 
 license, renewal, or reinstatement or in passing all or a 
 portion of the examination; 

    (6) has had the person's architecture, engineering, land 
 surveying, landscape architecture, geoscience, or interior 
 design license, certificate, right to examine, or other similar 
 authority revoked, suspended, canceled, limited, or not renewed 
 for cause in any state, commonwealth, or territory of the United 
 States, in the District of Columbia, or in any foreign country; 

    (7) has had the person's right to practice before any 
 federal, state, or other government agency revoked, suspended, 
 canceled, limited, or not renewed; 

    (8) failed to meet any requirement for the issuance or 
 renewal of the person's license or certificate; 

    (9) has attached the person's seal or signature to a plan, 
 specification, report, plat, or other architectural, 
 engineering, land surveying, landscape architectural, 
 geoscientific, or interior design document not prepared by the 
 person sealing or signing it or under that person's direct 
 supervision; or 

    (10) with respect to temporary suspension orders, has 
 committed an act, engaged in conduct, or committed practices 
 that may, or has in the opinion of the board, or the complaint 
 committee if authorized by the board, resulted in an immediate 
 threat to the public. 

    (b) In lieu of or in addition to any remedy provided in 
 paragraph (a), the board may require, as a condition of 
 continued licensure, possession of certificate, termination of 
 suspension, reinstatement of license or certificate, 
 examination, or release of examination grades, that the person:  

    (1) submit to a quality review of the person's ability, 
 skills, or quality of work, conducted in such fashion and by 
 such persons, entity, or entities as the board may require 
 including, but not limited to, remedial education courses; and 

    (2) complete to the satisfaction of the board such 
 continuing professional education courses as the board may 
 specify by rule. 

    (c) Service of the order is effective if the order is 
 served on the licensee, certificate holder, applicant, person, 
 or counsel of record personally or by certified mail, to the 
 most recent address provided to the board for the licensee, 
 certificate holder, applicant, person, or counsel of record.  
 The order shall state the reasons for the entry of the order.  

    (d) All hearings required by this section shall be 
 conducted in accordance with chapter 14, except with respect to 
 temporary suspension orders, as provided for in subdivision 5, 
 paragraph (d). 

    Subd. 5.    Procedure for temporary suspension of license 
 or certificate.  (a) When the board, or the complaint 
 committee if authorized by the board, issues a temporary 
 suspension order, the suspension is in effect upon service of a 
 written order on the licensee or counsel of record, specifying 
 the statute, rule, or order violated.  The order remains in 
 effect until the board issues a final order in the matter after 
 a hearing or upon agreement between the board and the licensee.  

    (b) Service of the order is effective if the order is 
 served on the licensee or counsel of record personally or by 
 certified mail, to the most recent address provided to the board 
 for the licensee or counsel of record.  

    (c) The order shall set forth the rights to a hearing 
 contained in this subdivision and shall state the reasons for 
 the entry of the order.  

    (d) Within ten days after service of the order, the 
 licensee may request a hearing in writing.  The board shall hold 
 a hearing before its own members within five working days of 
 receipt of a request for hearing on the sole issue of whether 
 there is a reasonable basis to continue, modify, or lift the 
 temporary suspension.  This hearing is not subject to chapter 
 14.  Evidence presented by the board or the licensee shall be in 
 affidavit form only.  The licensee or counsel of record may 
 appear for oral argument.  

    (e) Within five working days after the hearing, the board 
 shall issue its order and, if the suspension is continued, 
 schedule a contested case hearing within 30 days after issuance 
 of the order.  The administrative law judge shall issue a report 
 within 30 days after closing of the contested case hearing 
 record, notwithstanding the provisions of Minnesota Rules, part 
 1400.8100, subpart 3.  The board shall issue a final order 
 within 30 days after receipt of that report and any exceptions 
 to it.  

    Subd. 6.    Violations; penalties; costs of proceeding.  
 (a) The board may impose a civil penalty not to exceed $10,000 
 per violation upon a person who commits an act or practice 
 constituting the unauthorized practice of architecture, 
 engineering, land surveying, landscape architecture, geoscience, 
 or the unauthorized use of the title certified interior 
 designer, or violates a statute, rule, or order that the board 
 has issued or is empowered to enforce.  

    (b) The board may, in addition, impose a fee to reimburse 
 the board for all or part of the cost of the proceedings 
 resulting in disciplinary action authorized by this section, the 
 imposition of civil penalties, or the issuance of a cease and 
 desist order.  The fee may be imposed when the board shows that 
 the position of the person who commits an act or practice 
 constituting the unauthorized practice of architecture, 
 engineering, land surveying, landscape architecture, geoscience, 
 or the unauthorized use of the title certified interior 
 designer, or violates a statute, rule, or order that the board 
 has issued or is empowered to enforce is not substantially 
 justified, unless special circumstances make an award unjust, 
 notwithstanding the provisions of Minnesota Rules, part 
 1400.8401.  The costs include, but are not limited to, the 
 amount paid by the board for services from the office of 
 administrative hearings, attorney fees, court reporters, 
 witnesses, reproduction of records, board members' per diem 
 compensation, board staff time, and expense incurred by board 
 members and staff.  

    Subd. 7.    Reinstatement.  The board may reinstate a 
 suspended, revoked, or surrendered certificate or license upon 
 petition of the former or suspended certificate holder or 
 licensee.  The board may, in its sole discretion, place any 
 other conditions, including reexamination in whole or in part, 
 upon reinstatement of a suspended, revoked, or surrendered 
 certificate or license that it finds appropriate and necessary 
 to ensure that the purposes of sections 326.02 to 326.15 are 
 met.  No suspended certificate or license shall be reinstated 
 until the former certificate holder or licensee has completed 
 one-half of the suspension. 

    HIST: 1993 c 358 s 1; 1994 c 465 art 1 s 39; 1995 c 206 s 
 20-24; 1999 c 213 s 4 

     326.12 License or certificate as evidence; seal. 

    Subdivision 1.    Judicial proof.  The issuance of a 
 license or certificate by the board shall be evidence that the 
 person named therein is entitled to all the rights and 
 privileges of a licensed architect, licensed engineer, licensed 
 land surveyor, licensed landscape architect, licensed 
 geoscientist, or certified interior designer while the license 
 or certificate remains unrevoked or has not expired or has not 
 been suspended. 

    Subd. 2.    Seal.  Each licensee or certificate holder 
 may, upon registration, obtain a seal of a design approved by 
 the board, bearing the licensee's or certificate holder's name 
 and the legend "licensed architect," "licensed professional 
 engineer," "licensed land surveyor," "licensed landscape 
 architect," the appropriate licensed professional geoscientist 
 legend as defined by the board, or "certified interior 
 designer."  Plans, specifications, plats, reports, and other 
 documents prepared by a licensee or certificate holder may be 
 stamped with the seal during the life of the license or 
 certificate.  A rubber stamp facsimile thereof may be used in 
 lieu of the seal on tracings from which prints are to be made or 
 on papers which would be damaged by the regular seal.  It shall 
 be unlawful for any one to stamp or seal any document with the 
 stamp or seal after the license of the registrant named thereon 
 has expired, been revoked or suspended, unless said license or 
 certificate shall have been renewed or reissued. 

    Subd. 3.    Certified signature.  Each plan, 
 specification, plat, report, or other document which under 
 sections 326.02 to 326.15 is prepared by a licensed architect, 
 licensed engineer, licensed land surveyor, licensed landscape 
 architect, licensed geoscientist, or certified interior designer 
 must bear the signature of the licensed or certified person 
 preparing it, or the signature of the licensed or certified 
 person under whose direct supervision it was prepared.  Each 
 signature shall be accompanied by a certification that the 
 signer is licensed under sections 326.02 to 326.15, by the 
 person's license number, and by the date on which the signature 
 was affixed.  The provisions of this paragraph shall not apply 
 to documents of an intraoffice or intracompany nature.  A 
 government agency or local unit of government need sign and 
 certify only the title page or first page of a highway 
 construction document that is described in this subdivision; 
 provided that all other pages must have printed or stamped on 
 them a facsimile signature and the information required by this 
 subdivision.  The stamp or printed signature has the same force 
 and effect as an actual signature. 

    HIST: (5697-11) 1921 c 523 s 11; 1945 c 380 s 5; 1971 c 22 s 
 6; 1975 c 329 s 17; 1976 c 222 s 149; 1Sp1981 c 4 art 1 s 33; 
 1992 c 507 s 18; 1994 c 632 art 3 s 55; 1995 c 206 s 25; 1995 c 
 265 art 2 s 28 

     326.13 Practice exempt. 

    Practice of architecture, engineering, landscape 
 architecture, land surveying, or geoscience, or use of the title 
 certified interior designer in this state prior to licensure or 
 certification by the board shall be permitted under the 
 following conditions and limitations: 

    (1) By any person or firm not a resident of and having no 
 established place of business in this state, or any person or 
 firm resident in this state, but whose arrival in the state is 
 recent; provided, however, such person or a person connected 
 with such firm: 

    (i) is registered or licensed and qualified to practice 
 such profession in a state or country to which the board grants 
 registration or licensure by comity in accordance with the 
 provisions of section 326.10, subdivision 1, clause (2); and 

    (ii) shall have filed an application for licensure as an 
 architect, an engineer, a geoscientist, or a certified interior 
 designer shall have paid the fee provided for in section 326.10, 
 and shall have been notified by the board that the applicant 
 meets the requirements for licensure or certification in this 
 state and is entitled to receive a license or certificate, and 
 has applied for and been granted a temporary permit to 
 practice.  Temporary permits shall be granted to do a specific 
 job for the period stipulated on the permit. 

    (2) By a nonresident applicant who seeks to provide 
 architecture, engineering, land surveying, landscape 
 architecture, geoscience, or certified interior design services 
 in this state if the applicant offers to practice only for the 
 purpose of seeking to provide services, without having first 
 been registered or certified by the state, if the applicant: 

    (i) is registered and qualified to practice such profession 
 in a state or country to which the board grants registration or 
 licensure by comity in accordance with section 326.10, 
 subdivision 1, clause (2); 

    (ii) notified the board in writing that the applicant is 
 not currently registered in this state, but will be present in 
 this state for the purpose of seeking to provide services; 

    (iii) delivers a copy of the notice referred to in clause 
 (ii) to every potential client for whom the applicant is seeking 
 to provide services; and 

    (iv) applies within ten days to the board for licensure or 
 certification if selected as the design professional for a 
 project in this state; the applicant is prohibited from actually 
 rendering services as defined within the terms of sections 
 326.02 to 326.15 until the applicant is licensed or certified, 
 or obtains a temporary permit as described in clause (1). 

    (3) Practice as an architect, an engineer, a land surveyor, 
 a landscape architect, or a geoscientist, or use of the title 
 certified interior designer solely as an officer or employee of 
 the United States. 

    (4) Practice as a geoscientist by a person who would be 
 qualified under sections 326.02 to 326.15 by virtue of 
 experience and education while (i) engaged in exploration, 
 development, extraction, and reclamation of minerals and mineral 
 deposits or energy resources including sand, gravel, peat, 
 industrial minerals, metallic minerals, iron ore, coal, oil, and 
 gas and other mineral fuels; (ii) an employee of a corporation 
 or agency engaged in such exploration, development, extraction, 
 and reclamation of minerals and mineral deposits; (iii) acting 
 in accordance with the provisions of section 82B.035, 
 subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 
 2; or (iv) engaged in academic geoscience research. 

    HIST: (5697-13) 1921 c 523 s 13; 1933 c 404 s 4; 1971 c 22 s 
 7; 1975 c 329 s 18; 1976 c 222 s 150; 1Sp1981 c 4 art 1 s 34; 
 1986 c 444; 1992 c 507 s 19; 1995 c 206 s 26; 1998 c 324 s 7 

     326.14 Corporations and partnerships authorized. 

    A corporation, partnership or other firm may engage in work 
 of an architectural or engineering character, in land surveying, 
 in landscape architecture, or in geoscience, or use the title of 
 certified interior designer in this state, provided the person 
 or persons connected with such corporation, partnership or other 
 firm in responsible charge of such work is or are licensed or 
 certified as herein required for the practice of architecture, 
 engineering, land surveying, landscape architecture, and 
 geoscience, and use of the title of certified interior designer. 

    HIST: (5697-14) 1921 c 523 s 14; 1933 c 404 s 5; 1945 c 380 s 
 6; 1975 c 329 s 19; 1976 c 222 s 151; 1992 c 507 s 20; 1995 c 
 206 s 27 

     326.15 False impersonation. 

    It shall be unlawful for any person to present or attempt 
 to use as the person's own the seal or certificate of another, 
 or to give false or forged evidence of any kind to the board, or 
 any member thereof, or to falsely impersonate any registrant of 
 like or different name, or to use or attempt to use as the 
 person's own the license of another issued by any authority 
 outside of this state, or to use or attempt to use an expired or 
 revoked or suspended license. 

    HIST: (5697-15) 1921 c 523 s 15; 1945 c 380 s 7; 1976 c 222 s 
 152; 1986 c 444 

  326.16 Repealed, 1976 c 222 s 209 

     326.165 Board of accountancy policy. 

    Subdivision 1.    Policy.  It is the policy of this 
 state to promote the dependability of information which is used 
 for guidance in financial transactions or for accounting for or 
 assessing the status or performance of commercial and 
 noncommercial enterprises, whether public, private, or 
 governmental.  The public interest requires that persons engaged 
 in the practice of public accounting be qualified; that a public 
 authority competent to prescribe and assess the qualifications 
 of public accountants be established; that the expression of any 
 form of assurance or of opinions on financial statements be 
 reserved to persons who demonstrate their ability and fitness to 
 observe and apply the standards of the accounting profession; 
 and that the use of accounting titles likely to confuse the 
 public be prohibited. 

    Subd. 1a.  Renumbered 326.1655 subd 1 

    Subd. 2.  Renumbered 326.1655 subd 7 

    Subd. 3.  Renumbered 326.1655 subd 2 

    Subd. 4.  Renumbered 326.1655 subd 3 

    Subd. 5.  Renumbered 326.1655 subd 4 

    Subd. 6.  Renumbered 326.1655 subd 5 

    Subd. 7.  Renumbered 326.1655 subd 6 

    HIST: 1979 c 326 s 1; 1980 c 591 s 1,2; 1998 c 340 s 1,20 

     326.1655 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 326.165 to 326.229, the definitions in this section have the 
 meanings given. 

    Subd. 2.    Assurance or opinions on financial statements. 
  "Assurance or opinions on financial statements" are any 
 opinions or assurance expressed in accordance with generally 
 accepted auditing standards or other authoritative professional 
 standards as to the fairness of presentation of information 
 which is used for guidance in financial transactions or for 
 accounting for or assessing the status or performance of 
 commercial and noncommercial enterprises, whether public, 
 private, or governmental.  

    Subd. 3.    CPA.  "CPA" means certified public 
 accountant. 

    Subd. 4.    Financial statements.  "Financial statements"
 means a presentation of financial data, including accompanying 
 notes, if any, intended to communicate an entity's economic 
 resources and/or obligations at a point in time, or the changes 
 therein for a period of time, in accordance with generally 
 accepted accounting principles or a comprehensive basis of 
 accounting other than generally accepted accounting principles. 

    Incidental financial data to support recommendations to a 
 client, management advisory service reports, or tax returns and 
 supporting schedules do not constitute financial statements.  
 The statement, affidavit, or signature of preparers required on 
 tax returns neither constitutes an opinion on financial 
 statements nor requires a disclaimer of the opinion. 

    Subd. 5.    Firm.  "Firm" means an entity of CPAs or 
 LPAs organized as a CPA or LPA partnership, professional 
 corporation, professional limited liability company, or 
 professional limited liability partnership, any cooperative 
 auditing organization as specified in section 326.192, 
 subdivision 4, or any CPA or LPA practice in any other form of 
 business organization authorized by law for use by CPAs and 
 LPAs, including individual partners or shareholders. 

    Subd. 6.    LPA.  "LPA" means licensed public accountant.
 Licensed public accountants are those accountants who were 
 eligible for licensure on July 1, 1979, under the law in effect 
 on that date and who were issued a license as a licensed public 
 accountant by the board at that time. 

    Subd. 7.    Practice of public accounting.  The 
 "practice of public accounting" is:  (1) holding one's self out 
 to the public as skilled in the knowledge and practice of 
 accounting; (2) expressing any form of assurance on financial 
 statements; or (3) expressing opinions on financial statements 
 for credit purposes, for use in courts and for other purposes 
 involving third parties. 

    HIST: 1979 c 326 s 1; 1980 c 591 s 1,2; 1998 c 340 s 1,20 

     326.17 Board of accountancy. 

    (a) A board of accountancy is created to carry out the 
 purposes and enforce the provisions of sections 326.165 to 
 326.229.  It consists of between seven and nine citizens of this 
 state appointed by the governor as provided in this section.  
 Two shall be public members as defined by section 214.02, five 
 shall be actively licensed certified public accountants, and two 
 shall be actively licensed public accountants under the 
 provisions of sections 326.165 to 326.229.  When the number of 
 licensed public accountants in this state drops below 100, their 
 representation on the board of accountancy shall drop to one and 
 the board shall consist of two public members, five actively 
 licensed certified public accountants, and one actively licensed 
 public accountant.  At the time when the number of licensed 
 public accountants in this state drops below 25, the licensed 
 public accountants shall lose their representation on the board, 
 except that the licensed public accountant then serving on the 
 board shall be allowed to complete the term of office.  The 
 board shall then consist of two public members and five actively 
 licensed certified public accountants.  

    (b) Membership terms, compensation of members, removal of 
 members, the filling of membership vacancies, and fiscal year 
 and reporting requirements shall be as provided in sections 
 214.07 to 214.09.  The provision of staff, administrative 
 services, and office space; the review and processing of 
 complaints; the setting of board fees; and other provisions 
 relating to board operations shall be as provided in chapter 214 
 and sections 326.165 to 326.229. 

    HIST: (5698) 1909 c 439 s 1; 1959 c 269 s 1; 1963 c 145 s 1; 
 1973 c 638 s 46; 1975 c 136 s 59; 1976 c 222 s 160; 1976 c 239 s 
 64; 1979 c 326 s 2,15; 1980 c 591 s 3; 1981 c 12 s 1; 1986 c 
 444; 1992 c 542 s 4; 1998 c 340 s 2 

     326.18 Board, duties, officers, rules, examinations. 

    Subdivision 1.    Members and officers.  A majority of 
 the qualified members of the board constitutes a quorum.  The 
 board shall elect one of its number as chair, another as 
 vice-chair, and another as secretary and treasurer, who shall 
 hold their respective offices for a term of one year and until 
 their successors are elected.  The affirmative vote of a 
 majority of the qualified members of the board is considered the 
 action of the board.  

    Subd. 2.    Duties.  The board shall enforce the 
 standard of general education, the standard of special education 
 in the science and art of accounting, and the standard of good 
 character and general public experience, as prescribed in 
 sections 326.165 to 326.229, in all examinations conducted 
 thereunder.  

    Subd. 3.    Rules.  The board shall make rules to govern 
 administration of the board, examinations, issuance of 
 certificates, licensing, professional conduct and discipline, 
 continuing education, fees, and practice monitoring. 

    Subd. 4.    Examination.  The board may make use of all 
 or any part of the uniform certified public accountant 
 examination and advisory grading service provided by the 
 American Institute of Certified Public Accountants if it deems 
 it appropriate to assist it in performing its duties.  These 
 examinations shall be conducted by the board.  The examinations 
 shall take place as often as may be convenient in the opinion of 
 the board.  

    Subd. 5.    Records, certificates, and licenses.  (a) 
 The board shall keep records of its proceedings, an accurate 
 list of all applications made, licenses and certificates issued, 
 and licenses and certificates disciplined pursuant to section 
 326.229, and shall keep proper financial records in which there 
 shall be entered a complete statement of the cash receipts and 
 disbursements.  All records of the board shall be subject to 
 chapter 13. 

    (b) The board shall issue to each person who satisfies the 
 examination requirements of section 326.19, subdivision 1, a 
 certified public accountant certificate and shall maintain a 
 record of that issuance.  The board shall issue a license as a 
 certified public accountant to each holder of a certified public 
 accountant certificate who satisfies the experience requirements 
 for a license as a certified public accountant or to a person 
 who has been issued a certified public accountant certificate 
 under section 326.19, subdivision 3.  The board shall maintain a 
 record of the issuance.  It shall adopt and provide itself with 
 a seal with a band inscribed "Certified Public Accountant, State 
 of Minnesota," with the coat of arms of Minnesota in the center, 
 which seal shall be affixed to each certificate of the certified 
 public accountant issued under sections 326.165 to 326.229. 

    (c) The board shall issue to each person who qualifies for 
 a license under sections 326.165 to 326.229 as a licensed public 
 accountant a certificate as a licensed public accountant and 
 shall maintain a record of that issuance.  It shall adopt and 
 provide itself with a seal with a band inscribed "Licensed 
 Public Accountant, State of Minnesota," with the coat of arms of 
 Minnesota in the center, which seal shall be affixed to each 
 certificate of the licensed public accountant issued under 
 sections 326.165 to 326.229.  

    HIST: (5699) 1909 c 439 s 2; 1955 c 847 s 24; 1959 c 269 s 2; 
 1963 c 145 s 2; 1971 c 811 s 1; 1973 c 638 s 47; 1975 c 136 s 
 60; 1976 c 222 s 161; 1979 c 326 s 3,15; 1980 c 591 s 4; 1981 c 
 12 s 1; 1984 c 543 s 19; 1985 c 248 s 70; 1986 c 444; 1992 c 542 
 s 4; 1998 c 340 s 3 

     326.19 Certified public accountants; certificates and 
  licensing. 

    Subdivision 1.    Certificates and licenses as certified 
 public accountants.  (a) A certified public accountant 
 certificate shall be granted to any person: 

    (1) who has attained the age of 18 years; 

    (2) who has met ethical standards set by the board; 

    (3) who has successfully completed an examination in the 
 subjects and at the times the board may prescribe in its rules; 
 and 

    (4) who meets all other requirements for issuance of a 
 certificate, including payment of required fees. 

    (b) Until July 1, 2006, the examination shall be 
 administered by the board only to a candidate who:  

    (1) holds a master's degree with a major in accounting from 
 a college or university that is fully accredited by a recognized 
 accrediting agency listed with the United States Department of 
 Education; 

    (2) holds a baccalaureate degree, with a major in 
 accounting, from a college or university that is fully 
 accredited by a recognized accrediting agency listed with the 
 United States Department of Education or who has in the opinion 
 of the board at least an equivalent education; 

    (3) holds a baccalaureate degree from a college or 
 university that is fully accredited by a recognized accrediting 
 agency listed with the United States Department of Education and 
 who has in the opinion of the board at least an equivalent 
 education, or providing at least one year of experience of the 
 type specified in subdivision 4 has been completed; 

    (4) provides evidence of having completed two or more years 
 of study with passing grade average or above from a college, 
 university, technical college, or a Minnesota licensed private 
 school that is fully accredited by a recognized accrediting 
 agency listed with the United States Department of Education or 
 who has in the opinion of the board at least an equivalent 
 education, providing that at least three years experience of the 
 type specified in subdivision 4 has been completed; or 

    (5) holds a diploma as a graduate of an accredited high 
 school or who has in the opinion of the board at least an 
 equivalent education, providing that at least five years 
 experience of the type specified in subdivision 4 has been 
 completed.  

    (c) On or after July 1, 2006, the examination shall be 
 administered by the board only to a candidate who has a 
 baccalaureate or higher degree, with a major in accounting or a 
 major in business with accounting emphasis, or an equivalent 
 education, from a college or university that is fully accredited 
 by a recognized accrediting agency listed with the United States 
 Department of Education, or an equivalent accrediting 
 association. 

    Subd. 2.    Experience.  (a) A certified public 
 accountant license shall be granted to any person who has been 
 issued a certified public accountant certificate under 
 subdivision 3.  Until July 1, 2006, those persons holding 
 certified public accountant certificates issued under 
 subdivision 1 who meet all other requirements for licensure, 
 including payment of required fees, shall be granted licenses as 
 certified public accountants, providing that they have completed 
 the following required experience of the type specified in 
 subdivision 4 in addition to any experience required in 
 subdivision 1, paragraph (b): 

    (1) for those whose educational qualifications meet the 
 requirements of subdivision 1, paragraph (b), clause (1), the 
 experience requirement is one year; 

    (2) for those whose educational qualifications meet the 
 requirements of subdivision 1, paragraph (b), clause (2), the 
 experience requirement is two years; 

    (3) for those whose educational and experience 
 qualifications meet the requirements of subdivision 1, paragraph 
 (b), clause (3), the additional required experience is two 
 years; 

    (4) for those whose educational and experience 
 qualifications meet the requirements of subdivision 1, paragraph 
 (b), clause (4), the additional required experience is two 
 years; and 

    (5) for those whose educational and experience 
 qualifications meet the requirements of subdivision 1, paragraph 
 (b), clause (5), the additional required experience is one year. 

    (b) On or after July 1, 2006, those persons holding 
 certified public accountant certificates issued under 
 subdivision 1 shall be granted licenses as certified public 
 accountants provided they certify to the board that they have 
 completed at least 150 semester or 225 quarter hours at a 
 college or university that is fully accredited by a recognized 
 accrediting agency listed with the United States Department of 
 Education, or an equivalent accrediting association, and have 
 completed at least one year of experience of the type specified 
 in subdivision 4. 

    Subd. 3.    Certificate and license without examination. 
  The board may, in its discretion, waive the examination of, 
 and may issue a certificate and license as, a certified public 
 accountant to any person possessing the qualifications mentioned 
 in this section, who: 

    (1) is the holder of a CPA license or certificate, issued 
 under the laws of another state, provided the requirements for 
 the license or certificate in the state which has granted it to 
 the applicant are, in the opinion of the board, equivalent to 
 those in subdivisions 1 and 2; 

    (2) is the holder of a degree or certificate of certified 
 public accountant or chartered accountant, or the equivalent 
 thereof, issued in any foreign country, provided that the 
 requirements for the degree or certificate are equivalent to 
 those provided in subdivisions 1 and 2 for the license of 
 certified public accountant in this state; or 

    (3) has in another jurisdiction completed successfully an 
 examination which, in the opinion of the board, is comparable to 
 that prescribed by the board in its rules and provided that the 
 person has satisfied the other requirements of subdivisions 1 
 and 2. 

    Subd. 4.    Qualifying experience for examination and 
 granting of license.  Qualifying experience for subdivisions 
 1, 2, and 3 include public accounting experience: 

    (1) as a staff employee of a certified public accountant, 
 licensed public accountant, or a firm licensed for the practice 
 of public accounting; 

    (2) as an auditor in the office of the legislative auditor 
 or state auditor, or as an auditor or examiner with any other 
 agency of government, which experience, in the opinion of the 
 board is equally comprehensive and diversified; 

    (3) as a self-employed public accountant or as a partner in 
 a firm; or 

    (4) in any combination of the foregoing capacities. 

    Subd. 5.    Consultation.  The board, in consultation 
 with the University of Minnesota, the Minnesota state colleges 
 and universities, private colleges, and private career schools 
 regulated under chapter 141, shall establish criteria to assess 
 equivalent education for purposes of subdivision 1, paragraph 
 (c). 

    HIST: (5700) 1909 c 439 s 3; 1933 c 236; 1947 c 31 s 1; 1949 c 
 577 s 1; 1957 c 48; 1959 c 269 s 3; 1961 c 113 s 1; 1963 c 145 s 
 3; 1969 c 1036 s 1; 1971 c 811 s 2; 1973 c 492 s 14; 1973 c 725 
 s 56,57; 1974 c 325 s 1; 1976 c 222 s 162; 1979 c 326 s 4,15; 
 1980 c 591 s 5-8; 1981 c 12 s 1; 1987 c 258 s 12; 1989 c 246 s 
 2; 1998 c 340 s 4; 2000 c 346 s 1-3 

  326.191 Repealed, 1998 c 340 s 21 

     326.192 Licensure; qualifications of firms. 

    Subdivision 1.    Application.  Upon application made 
 upon the affidavit of a general partner of the partnership, 
 secretary of the corporation, or member of the limited liability 
 company or partnership who is a CPA or a LPA of this state in 
 good standing, the board shall issue a firm license.  The 
 license shall be valid for a period prescribed by the board, 
 unless the license is revoked sooner.  The application shall 
 confer upon the board the consent of the partnership, 
 corporation, or limited liability company or partnership, and of 
 the general partner, secretary, or member making the 
 application, to the board's jurisdiction over the acts of the 
 partnership and its partners or agents, of the corporation and 
 its shareholders or agents within the state, or of the limited 
 liability company or partnership and its members or agents. 

    Subd. 2.    CPA firms.  No partnership, corporation, or 
 limited liability company or partnership shall style itself as a 
 firm of CPAs unless: 

    (1) all partners, shareholders, or members resident in this 
 state are CPAs of this state; 

    (2) all managers in charge of offices maintained in this 
 state are CPAs of this state; 

    (3) all partners, shareholders, or members, wherever 
 situated, are CPAs of one of the states or territories or of the 
 District of Columbia; and 

    (4) the partnership, corporation, or limited liability 
 company or partnership is duly licensed under this section. 

    Subd. 3.    LPA firms.  No partnership, corporation, or 
 limited liability company or partnership shall style itself as a 
 firm of LPAs unless: 

    (1) all partners, shareholders, or members resident in this 
 state are LPAs or CPAs of this state; 

    (2) all managers in charge of offices maintained in this 
 state are LPAs or CPAs of this state; 

    (3) all partners, shareholders, or members, wherever 
 situated, are LPAs of this state or CPAs of one of the states or 
 territories or the District of Columbia; and 

    (4) the partnership, corporation, or limited liability 
 company or partnership is duly licensed under this section. 

    Subd. 4.    Cooperative auditing organization.  Any 
 cooperative auditing organization organized under chapter 308A 
 is qualified for a cooperative auditing service license and may 
 style itself as a licensed cooperative auditing service if: 

    (1) for a minimum of one year prior to July 1, 1979, it 
 rendered auditing or accounting of business analysis services to 
 its members only; and 

    (2) its managers in charge of offices maintained in this 
 state are certified public accountants or licensed public 
 accountants of this state.  

 Cooperative auditing services shall comply with all requirements 
 imposed by sections 326.165 to 326.229 and the board's rules 
 governing firms. 

    HIST: 1998 c 340 s 5 

     326.197 Registered accounting practitioner. 

    By July 1, 2004, the board shall implement a voluntary 
 registration of accounting practitioners.  The board shall 
 prescribe the limitations of practice, educational preparation, 
 examination, registration, fees, and continuing education 
 requirements for the registration.  The board shall consult with 
 the University of Minnesota, the Minnesota state colleges and 
 universities, the Minnesota Association of Private 
 Post-Secondary Schools, the Private College Council, the 
 Minnesota Association of Public Accountants, the Minnesota 
 Society of Certified Public Accountants, and other organizations 
 as deemed appropriate in the implementation of this section. 

    HIST: 2000 c 346 s 4 

     326.20 Renewal; unlicensed practice. 

    Subdivision 1.    License renewal of certified public 
 accountants and licensed public accountants.  (a) Every holder 
 of a CPA license or an LPA license issued by the board, if 
 engaged, or intending to be engaged, in the practice of public 
 accounting within this state at any time during a calendar year, 
 shall renew the license as active as prescribed by the board by 
 rule. 

    (b) Every holder of a CPA license or an LPA license issued 
 by the board, who does not intend to actively engage in the 
 practice of public accounting within this state at any time 
 during a calendar year, shall renew the license as inactive or 
 active, as prescribed by the board by rule under authority 
 granted in section 326.18, subdivision 3.  Previously licensed 
 individuals who do not actively engage in the practice of public 
 accounting in any manner or who do not hold out as CPAs or LPAs 
 in any manner are not required to obtain a license nor may the 
 board require those individuals to surrender their 
 certificates.  The board must provide for the relicensing of 
 those individuals if they wish to return to the practice of 
 public accounting.  

    (c) The board may establish temporary, active, and inactive 
 licenses and adopt rules, under authority granted in section 
 326.18, subdivision 3, governing them. 

    (d) The board shall, upon application made by any holder of 
 an unrevoked or unsuspended license as a CPA or unrevoked or 
 unsuspended Minnesota license as a LPA, renew the license which 
 shall be good for a period prescribed by the board, unless the 
 certificate or license is revoked or suspended during that 
 period.  Interim licenses shall be issued to individuals who 
 have satisfied the provisions of sections 326.165 to 326.229 
 within the year.  If a license has been conditioned, limited, or 
 otherwise restricted or disciplined pursuant to section 326.229, 
 any other condition, limitation, or discipline shall remain for 
 the term of the board's order imposing the condition, 
 limitation, or other discipline, notwithstanding renewal of the 
 license.  

    (e) The CPA certificates of persons who fail to renew their 
 licenses as required by this subdivision for more than two years 
 after expiration shall be automatically revoked by order of the 
 board.  This includes all persons who, on August 1, 1998, did 
 not hold an active or an inactive license in 1996, 1997, and 
 1998.  The orders may be issued by the board without following 
 the procedures of chapter 14, provided the board notifies each 
 such person by mail at the person's last known address on file 
 with the board at least three days prior to the issuance of any 
 such order.  No such notice is required if the last 
 communication sent by the board to a licensee was returned to 
 the board by the United States Postal Service as undeliverable 
 and with no forwarding address.  Certificates so revoked by the 
 board may be reinstated, if at all, pursuant to section 326.229, 
 subdivision 7.  This paragraph shall not apply to previously 
 licensed individuals who have notified the board that they will 
 not hold out as CPAs or LPAs in any manner or practice public 
 accounting in any manner. 

    Subd. 2. Repealed by amendment, 1998 c 340 s 6 

    Subd. 3.    Unlicensed practice.  It is unlawful for any 
 CPA or LPA, or a firm defined under section 326.1655, 
 subdivision 5, to engage in the practice of public accounting 
 within this state unless the CPA, LPA, or firm defined under 
 section 326.1655, subdivision 5, is duly licensed to the extent 
 required by sections 326.165 to 326.229. 

    Subd. 4. Repealed by amendment, 1998 c 340 s 6 

    HIST: (5701) 1909 c 439 s 4; 1963 c 145 s 4; 1969 c 1036 s 2; 
 1974 c 325 s 2; 1976 c 222 s 163; 1979 c 326 s 6,7,15; 1981 c 12 
 s 1; 1986 c 444; 1Sp1986 c 1 art 7 s 36; 1989 c 184 art 2 s 28; 
 1989 c 356 s 17; 1992 c 542 s 4; 1998 c 340 s 6,20 

     326.201 Practice monitoring. 

    The board shall, by rule adopted under authority granted in 
 section 326.18, subdivision 3, provide for a practice monitoring 
 program designed to ensure the competency of licensees engaged 
 in the practice of public accountancy in this state.  The 
 program shall be designed to promote remediation of deficiencies 
 in lieu of removal from or restriction of practice.  However, 
 this shall not be construed to prohibit the board from imposing 
 discipline, including removal from or restriction of practice, 
 where necessary and appropriate to protect the public.  The 
 board may determine which classes of licensees and what types of 
 practice shall be subject to practice monitoring based on the 
 need to protect the public.  For those licensees subject to the 
 rules, renewal of the license is conditional upon compliance 
 with the rules. 

    HIST: 1998 c 340 s 7 

  326.21 Repealed, 1998 c 340 s 21 

     326.211 Prohibited acts. 

    Subdivision 1.    Certified public accountant; use of 
 title by individual.  Except as permitted by the board, no 
 person shall assume or use the title or designation "certified 
 public accountant," or the abbreviation "CPA" or any other 
 title, designation, words, letters, abbreviation, sign, card, or 
 device tending to indicate or imply that the person is a 
 certified public accountant, unless the person has received a 
 certificate as a certified public accountant under sections 
 326.165 to 326.229, holds a license issued under sections 
 326.165 to 326.229 which is not revoked or suspended, and has 
 all offices in this state for the practice of public accounting 
 maintained and licensed to the extent required by sections 
 326.165 to 326.229.  

    Subd. 2.    Certified public accountant; use of title by 
 entity.  No partnership, corporation, or limited liability 
 company or partnership shall assume or use the title or 
 designation "certified public accountant," or the abbreviation 
 "CPA," or any other title, designation, words, letters, 
 abbreviation, sign, card, or device tending to indicate or imply 
 that the partnership, corporation, or limited liability company 
 or partnership is composed of certified public accountants, 
 unless the partnership, corporation, or limited liability 
 company or partnership is licensed as a partnership, 
 corporation, or limited liability company or partnership of 
 certified public accountants under section 326.192 and all 
 offices of the partnership, corporation, or limited liability 
 company or partnership in this state for the practice of public 
 accounting are maintained and licensed as required under section 
 326.192.  

    Subd. 3.    Licensed public accountant; use of title by 
 individual.  No person shall assume or use the title or 
 designation "licensed public accountant" or any other title, 
 designation, words, letters, abbreviation, sign, card, or device 
 tending to indicate or imply that the person is a licensed 
 public accountant, unless the person is licensed as a licensed 
 public accountant under section 326.20, and all of the person's 
 offices in this state for the practice of public accounting are 
 maintained and licensed as required under section 326.192, or 
 unless the person has received a certificate as a certified 
 public accountant under section 326.19, holds a license issued 
 under section 326.19 or 326.20, and all of the person's offices 
 in this state for the practice of public accounting are 
 maintained and licensed as required under section 326.192. 

    Subd. 4.    Licensed public accountant; use of title by 
 entity.  No partnership, corporation, or limited liability 
 company or partnership shall assume or use the title or 
 designation "licensed public accountant" or any other title, 
 designation, words, letters, abbreviation, sign, card, or device 
 tending to indicate or imply that the partnership, corporation, 
 or limited liability company or partnership is composed of 
 licensed public accountants, unless the partnership, 
 corporation, or limited liability company or partnership is 
 licensed as a partnership, corporation, or limited liability 
 company or partnership of licensed public accountants under 
 section 326.192, and all offices of the partnership, 
 corporation, or limited liability company or partnership in this 
 state for the practice of public accounting are maintained and 
 licensed as required under section 326.192.  

    Subd. 5.    Prohibited and permitted titles.  No person, 
 partnership, corporation, or limited liability company or 
 partnership shall assume or use the title or designation 
 "certified accountant," "chartered accountant," "enrolled 
 accountant," "licensed accountant," "public accountant," 
 "accredited accountant," "accounting practitioner," "registered 
 accountant," or any other title or designation likely to be 
 confused with "certified public accountant," or "licensed public 
 accountant," or any of the abbreviations "CA," "LA," "PA," "RA," 
 "AA," "AP," or similar abbreviations likely to be confused with 
 "CPA" or "LPA."  Anyone who holds a current license issued under 
 section 326.19 or 326.20 and all of whose offices in this state 
 for the practice of public accounting are maintained and 
 licensed as required under section 326.192 may hold out to the 
 public as an "auditor." 

    Subd. 6.    Financial statement by individual.  No 
 person's name shall be signed or affixed by the person nor shall 
 any trade or assumed name be used by the person professionally 
 or in business to any opinion or certificate attesting in any 
 way to the reliability of any representation or estimate in 
 regard to any person or organization embracing financial 
 information, or facts respecting compliance with conditions 
 established by law or contract, including, but not limited to, 
 statutes, ordinances, rules, grants, loans, and appropriations, 
 together with any wording accompanying or contained in the 
 opinion or certificate, which indicates that the person is an 
 accountant or auditor or that the person has expert knowledge in 
 accounting or auditing, without holding a current license issued 
 under section 326.19 or 326.20 and all of the person's offices 
 in this state for the practice of public accounting are 
 maintained and licensed under section 326.192.  The provisions 
 of this subdivision shall not prohibit any officer, employee, 
 partner, or principal of any organization from affixing that 
 person's signature to any statement or report in reference to 
 the affairs of the organization with any wording designating the 
 position, title, or office which the person holds in the 
 organization, nor shall the provisions of this subdivision 
 prohibit any act of a public official or public employee in the 
 performance of duties. 

    Subd. 7.    Financial statement by partnership, 
 corporation, or limited liability company or partnership.  No 
 person shall sign or affix a partnership, corporate, or limited 
 liability company or partnership name to any opinion or 
 certificate attesting in any way to the reliability of any 
 representation or estimate in regard to any person or 
 organization embracing financial information, or facts 
 respecting compliance with conditions established by law or 
 contract, including, but not limited to, statutes, ordinances, 
 rules, grants, loans, and appropriations, together with any 
 wording accompanying or contained in the opinion or certificate 
 which indicates that the partnership, corporation, or limited 
 liability company or partnership is composed of or employs 
 accountants, or auditors, persons having expert knowledge in 
 accounting or auditing, unless the partnership, corporation, or 
 limited liability company or partnership is licensed under 
 sections 326.17 to 326.229.  

    Subd. 8.    Auditor; use of title.  No person, 
 partnership, corporation, or limited liability company or 
 partnership not licensed under sections 326.19 to 326.20 shall 
 assume or use the title "auditor" on any sign, card, letterhead, 
 or in any advertisement or directory without indicating thereon 
 or therein that the person, partnership, corporation, or limited 
 liability company or partnership does not hold such a license, 
 provided that this subdivision shall not prohibit any officer, 
 employee, partner, or principal of any organization from being 
 described by the position, title, or office that person holds in 
 the organization, nor shall this subdivision prohibit any act of 
 a public official or public employee in the performance of 
 duties. 

    Subd. 9.    Title indicating partnership, corporation, or 
 limited liability company or partnership.  (a) No person shall 
 assume or use the title or designation "certified public 
 accountant" or "licensed public accountant" in conjunction with 
 names indicating or implying that there is a partnership, 
 corporation, or limited liability company or partnership, if 
 there is no bona fide partnership, corporation, or limited 
 liability company or partnership licensed under section 326.192. 

    (b) No person shall assume or use the title or designation 
 "certified public accountant" or "licensed public accountant" in 
 conjunction with the designation "and Company," "and Co.," "and 
 Associates," "Co.," or a similar designation if, in any such 
 case, there is in fact no bona fide partnership, corporation, or 
 limited liability company or partnership with more than one 
 shareholder licensed under section 326.192.  

    (c) A sole proprietor, partnership, or corporation lawfully 
 using the title or designation in conjunction with the names or 
 designation on July 1, 1992, may continue to do so if otherwise 
 in compliance with the provisions of sections 326.165 to 326.229 
 until December 31, 1999. 

    Subd. 10.    Unlicensed corporation; prohibited use of 
 title.  No partnership, corporation, or limited liability 
 company or partnership, other than one licensed under sections 
 326.165 to 326.229, and in compliance with the rules of the 
 board, shall style itself as certified public accountants or 
 licensed public accountants, or use the abbreviation "CPA" or 
 "LPA" in connection with its corporate name.  

    HIST: 1979 c 326 s 8; 1980 c 591 s 9,10; 1985 c 248 s 70; 1986 
 c 444; 1992 c 542 s 1,4; 1998 c 340 s 8 

     326.212 Permitted acts. 

    Subdivision 1.    Employees; assistants.  Nothing 
 contained in sections 326.165 to 326.229 shall prohibit any 
 person not a certified public accountant or licensed public 
 accountant from serving as an employee of, or an assistant to, a 
 certified public accountant or licensed public accountant, or 
 partnership, corporation, or limited liability company or 
 partnership composed of certified public accountants or licensed 
 public accountants, provided that the person shall not issue any 
 accounting or financial statement over the person's name. 

    Subd. 2.    Certified but not licensed C.P.A., L.P.A.  
 The board, by rule, may permit persons holding a certificate 
 issued pursuant to section 326.19, but who do not hold a current 
 license, to assume or use the title or designation "certified 
 public accountant" or "licensed public accountant," or the 
 abbreviation "CPA," "LPA," or other title, designation, words, 
 letters, abbreviation, sign, card, or device tending to indicate 
 that the person is a certified public accountant or licensed 
 public accountant, provided (a) that the board has not revoked, 
 suspended, or refused to renew a license previously issued to 
 the person; (b) that the assumption or use is not incident to 
 the practice of public accountancy; and (c) that the assumption 
 or use is not in conjunction with or incident to any opinion or 
 certificate within the purview of section 326.211, subdivision 6.

    Subd. 3.    Corporations performing unaudited accounting 
 services.  Nothing contained in sections 326.165 to 326.229 
 shall prohibit any corporation from performing accounting 
 services incident to a commercial relationship with another 
 corporation, cooperative association, or cooperative corporation 
 involving either the extension of credit or the performance of 
 sales, purchasing, or marketing functions if any financial 
 reports prepared incident thereto are marked "Unaudited" and 
 disclose the identity of the preparer and its lack of 
 independence.  

    Subd. 4.    Persons preparing unaudited financial 
 statements.  Nothing contained in sections 326.165 to 326.229 
 shall prohibit any person, partnership, corporation, or limited 
 liability company or partnership, not licensed under sections 
 326.165 to 326.229, from preparing and presenting unaudited 
 financial statements and unaudited schedules on printed forms or 
 the letterhead of the preparer if they are clearly marked on 
 each page "unaudited."  Any person or entity who prepares 
 unaudited financial statements and unaudited schedules for a 
 client for a fee is subject to section 326.229 and the practice 
 of the person or entity may be disciplined by the board as 
 provided for in section 326.229.  The board may discipline a 
 person or entity based on violations of sections 326.165 to 
 326.229, the board's rules, or misrepresentations made by such 
 person or entity regarding the work the person or entity 
 performed. 

    Subd. 5.    Tax returns.  Nothing contained in sections 
 326.165 to 326.229 shall prohibit any person, partnership, 
 corporation, or limited liability company or partnership, not 
 licensed under sections 326.165 to 326.229, from preparing tax 
 returns. 

    Subd. 6.    Maintain or surrender license.  Once 
 licensed, a certified public accountant or licensed public 
 accountant in order to perform any of the services listed in 
 section 326.1655, subdivision 7, shall maintain an active 
 license. 

    HIST: 1979 c 326 s 9; 1980 c 591 s 11; 1986 c 444; 1992 c 542 
 s 4; 1994 c 465 art 1 s 40; 1998 c 340 s 9-12 

     326.22 Fees. 

    Subdivision 1.    Examination and license renewal.  The 
 state board of accountancy shall charge for each examination and 
 certificate provided for in sections 326.17 to 326.229 a fee to 
 be prescribed in the rules of the board, to meet the expenses of 
 such examination.  This fee shall be payable by the applicant at 
 the time of making initial application, and no additional charge 
 shall be made for the issuance of a certificate to any applicant.

    Subd. 2.    Annual license fee.  Each person, 
 partnership, corporation, or limited liability company or 
 partnership to whom a license is issued shall pay a renewal fee 
 at the rate set by the board for such year. 

    Subd. 3.    Expenses of administration.  The expenses of 
 administering sections 326.17 to 326.229 shall be paid from 
 appropriations made to the state board of accountancy. 

    HIST: (5703) 1909 c 439 s 6; 1959 c 269 s 5; 1963 c 145 s 5; 
 1969 c 1036 s 4; 1973 c 638 s 48; 1975 c 136 s 61; 1976 c 222 s 
 165; 1979 c 326 s 15; 1981 c 12 s 1; 1986 c 444; 1992 c 542 s 4; 
 1998 c 340 s 13 

     326.223 Equivalency. 

    Whenever any statute or rule, city charter, ordinance, or 
 other similar statute or rule of any other political subdivision 
 of the state of Minnesota specifically requires professional 
 services to be performed by a certified public accountant, the 
 requirement shall be construed to mean certified public 
 accountant or licensed public accountant.  

    HIST: 1979 c 326 s 10; 1998 c 340 s 14 

     326.224 Single act evidence of practice. 

    Displaying or presenting a card, sign, advertisement, or 
 other printed, engraved, or written instrument or device bearing 
 a person's name in conjunction with the words "certified public 
 accountant" or any abbreviation thereof, or "licensed public 
 accountant" or any abbreviation thereof, except as permitted by 
 sections 326.165 to 326.229, shall be prima facie evidence in 
 any action brought under sections 326.165 to 326.229 that the 
 person whose name is so displayed caused or procured the 
 displaying or presenting of the card, sign, advertisement, or 
 other printed, engraved, or written instrument or device, and 
 that the person is holding out to be a certified public 
 accountant or a licensed public accountant.  In any action 
 evidence of the commission of a single act prohibited by 
 sections 326.165 to 326.229 shall be sufficient to justify an 
 injunction or a conviction without evidence of a general course 
 of conduct. 

    HIST: 1979 c 326 s 11; 1986 c 444; 1992 c 542 s 4; 1994 c 465 
 art 1 s 41 

  326.225 Repealed, 1998 c 340 s 21 

     326.228 Complaint committee. 

    The board shall establish a complaint committee to 
 investigate, mediate, or initiate administrative or legal 
 proceedings on behalf of the board with respect to complaints 
 filed with or information received by the board alleging or 
 indicating violations of sections 326.165 to 326.229.  The 
 complaint committee shall consist of three members of the board. 

    HIST: 1992 c 542 s 2; 1998 c 340 s 15 

     326.229 Issuance, denial, revocation, and suspension of 
  licenses; discipline. 

    Subdivision 1.    Generally.  (a) If the board, or the 
 complaint committee if authorized by the board, has a reasonable 
 basis to believe that a person has engaged in or is about to 
 engage in a violation of a statute, rule, or order that the 
 board has issued or is empowered to enforce, the board, or the 
 complaint committee if authorized by the board, may proceed as 
 described in subdivision 2 or 3.  

    (b) Except as otherwise described in this section, all 
 hearings shall be conducted in accordance with chapter 14.  

    Subd. 2.    Legal action.  (a) When necessary to prevent 
 an imminent violation of a statute, rule, or order that the 
 board has issued or is empowered to enforce, the board, or the 
 complaint committee if authorized by the board, may bring an 
 action in the name of the state in the district court in Ramsey 
 county, when necessary to prevent imminent harm to the public, 
 or in any county in which jurisdiction is proper to enjoin the 
 act or practice and to enforce compliance with the statute, 
 rule, or order.  Upon a showing that a person has engaged in or 
 is about to engage in an act or practice constituting a 
 violation of a statute, rule, or order that the board has issued 
 or is empowered to enforce, a permanent or temporary injunction, 
 restraining order, or other appropriate relief shall be granted. 

    (b) For purposes of injunctive relief under this 
 subdivision, irreparable harm exists when the board shows that a 
 person has engaged in or is about to engage in an act or 
 practice constituting a violation of a statute, rule, or order 
 that the board has issued or is empowered to enforce. 

    (c) Injunctive relief granted under paragraph (a) does not 
 relieve an enjoined person from criminal prosecution by a 
 competent authority or from action by the board pursuant to 
 subdivisions 3, 4, 5, and 6 with respect to the person's 
 license, certificate, or application for examination, license, 
 or renewal.  

    Subd. 3.    Cease and desist orders.  (a) The board, or 
 the complaint committee if authorized by the board, may issue 
 and have served upon a licensee who has previously been subject 
 to a disciplinary order by the board, an unlicensed person, an 
 unlicensed certificate holder, or a firm an order requiring the 
 licensee, unlicensed person, unlicensed certificate holder, or 
 firm to cease and desist from the act or practice constituting a 
 violation of the statute, rule, or order.  The order shall be 
 calculated to give reasonable notice of the rights of the 
 licensee, unlicensed person, or unlicensed certificate holder, 
 or firm to request a hearing and shall state the reasons for the 
 entry of the order.  No such order shall be issued until an 
 investigation of the facts has been conducted pursuant to 
 section 214.10. 

    (b) Service of the order is effective when the order is 
 served on the licensee, unlicensed person, unlicensed 
 certificate holder, firm, or counsel of record personally or by 
 certified mail to the most recent address provided to the board 
 for the licensee, unlicensed person, unlicensed certificate 
 holder, firm, or counsel of record.  

    (c) Unless otherwise agreed by the board, or the complaint 
 committee if authorized by the board, and the person requesting 
 the hearing, the hearing shall be held no later than 30 days 
 after the request for the hearing is received by the board.  

    (d) The administrative law judge shall issue a report 
 within 30 days of the close of the contested case hearing 
 record, notwithstanding Minnesota Rules, part 1400.8100, subpart 
 3.  Within 30 days after receiving the report and any exceptions 
 to it, the board shall issue a further order vacating, 
 modifying, or making permanent the cease and desist orders as 
 the facts require.  

    (e) If no hearing is requested within 30 days of service of 
 the order, the order becomes final and remains in effect until 
 it is modified or vacated by the board. 

    (f) If the person to whom a cease and desist order is 
 issued fails to appear at the hearing after being duly notified, 
 the person is in default and the proceeding may be determined 
 against that person upon consideration of the cease and desist 
 order, the allegations of which may be considered to be true. 

    (g) In lieu of or in addition to the order provided in 
 paragraph (a), the board may require the applicant, licensee, 
 unlicensed certificate holder, or firm to provide to the board a 
 true and complete list of the person's clientele so that they 
 can, if deemed necessary, be notified of the board's action.  
 Failure to do so, or to provide an incomplete or inaccurate 
 list, is an act discreditable. 

    Subd. 4.    Actions against applicants, licensees, or 
 certificate holders.  (a) The board may, by order, deny, 
 refuse to renew, suspend, temporarily suspend, or revoke the 
 application, certificate, or license of a person; censure or 
 reprimand that person; prohibit that person from preparing tax 
 returns or unaudited financial statements; refuse to permit a 
 person to sit for examination, or refuse to release the person's 
 examination grades if the board finds that the order is in the 
 public interest and that, based on a preponderance of the 
 evidence presented, the applicant, licensee, or certificate 
 holder: 

    (1) has violated a statute, rule, or order that the board 
 has issued or is empowered to enforce; 

    (2) has engaged in conduct or acts that are fraudulent, 
 deceptive, or dishonest whether or not the conduct or acts 
 relate to the practice of public accounting, providing that the 
 fraudulent, deceptive, or dishonest conduct or acts reflect 
 adversely on the person's ability or fitness to engage in the 
 practice of public accounting; 

    (3) has engaged in conduct or acts that are negligent or 
 otherwise in violation of the standards established by Minnesota 
 Rules, parts 1100.4700 and 1100.4800, where the conduct or acts 
 relate to the practice of public accounting; 

    (4) has been convicted of, has pled guilty or nolo 
 contendere to, or is sentenced as a result of the commission of 
 a felony or crime, an element of which is dishonesty or fraud, 
 or has been shown to have or admitted to having engaged in acts 
 or practices tending to show that the applicant, licensee, or 
 certificate holder is incompetent or has engaged in conduct 
 reflecting adversely on the person's ability or fitness to 
 engage in the practice of public accounting whether or not a 
 plea was entered or withheld; 

    (5) employed fraud or deception in obtaining a certificate, 
 license, renewal, or reinstatement or in passing all or a 
 portion of the examination; 

    (6) has had the person's public accounting license, 
 certificate, right to examine, or other similar authority 
 revoked, suspended, canceled, limited, or not renewed for cause, 
 or has committed unprofessional acts for which the person was 
 otherwise disciplined or sanctioned, including, but not limited 
 to, being ordered to or agreeing to cease and desist from 
 prescribed conduct, in any state, commonwealth, or territory of 
 the United States, in the District of Columbia, or in any 
 foreign country; 

    (7) has had the person's right to practice before any 
 federal, state, or other government agency revoked, suspended, 
 canceled, limited, or not renewed for cause, or has committed 
 unprofessional acts for which the person was otherwise 
 disciplined or sanctioned, including, but not limited to, being 
 ordered to or agreeing to cease and desist from prescribed 
 conduct; 

    (8) failed to meet any requirement for the issuance or 
 renewal of the person's license or certificate; or 

    (9) with respect to temporary suspension orders, has 
 committed an act, engaged in conduct, or committed practices 
 that may result or may have resulted, in the opinion of the 
 board or the complaint committee if authorized by the board, in 
 an immediate threat to the public.  

    (b) In lieu of or in addition to any remedy provided in 
 paragraph (a), the board may require, as a condition of 
 continued licensure, possession of certificate, termination of 
 suspension, reinstatement of license or certificate, 
 examination, or release of examination grades, that the person: 

    (1) submit to a quality review of the person's ability, 
 skills, or quality of work, conducted in such fashion and by 
 such persons, entity, or entities as the board may require; and 

    (2) complete to the satisfaction of the board such 
 continuing professional education courses as the board may 
 specify. 

    (c) Service of the order is effective if the order is 
 served on the applicant, licensee, firm, certificate holder, 
 person, or counsel of record personally or by certified mail to 
 the most recent address provided to the board for the licensee, 
 certificate holder, applicant, person, or counsel of record.  
 The order shall state the reasons for the entry of the order.  

    (d) All hearings required by this subdivision shall be 
 conducted in accordance with chapter 14 except with respect to 
 temporary suspension orders, as provided for in subdivision 5, 
 paragraph (e). 

    Subd. 4a.    Other actions against applicants, licensees, 
 or certificate holders.  (a) In addition to the remedies 
 authorized by subdivision 4, the board may enter into an 
 agreement with the applicant, licensee, or certificate holder 
 for corrective action and may unilaterally issue a warning to an 
 applicant, licensee, or certificate holder. 

    (b) The board shall not use agreements for corrective 
 action or warnings in any situation where the applicant, 
 licensee, or certificate holder has been convicted of or pled 
 guilty or nolo contendere to a felony or crime and such felony 
 or crime is the basis of the board's action against the 
 applicant, licensee, or certificate holder; where the conduct of 
 the applicant, licensee, or certificate holder indicates a 
 pattern of repeated violations of subdivision 4, paragraph (a), 
 or the rules of the board; or where the board concludes that the 
 conduct of the applicant, licensee, or certificate holder will 
 not be deterred other than by disciplinary action pursuant to 
 subdivision 3, 4, or 5. 

    (c) Agreements for corrective action may be used by the 
 board, or the complaint committee if authorized by the board, 
 where the violation committed by the applicant, licensee, or 
 certificate holder does not warrant disciplinary action pursuant 
 to subdivision 3, 4, or 5, but where the board, or the complaint 
 committee if authorized by the board, determines that corrective 
 action is required to prevent further such violations and to 
 otherwise protect the public.  Warnings may be used by the 
 board, or the complaint committee if authorized by the board, 
 where the violation of the application, licensee, or certificate 
 holder is de minimis, does not warrant disciplinary action 
 pursuant to subdivision 3, 4, or 5, and does not require 
 corrective action to protect the public. 

    (d) Agreements for corrective action shall not be 
 considered disciplinary action against the person's application, 
 license, or certificate.  However, agreements for corrective 
 action are public data.  Warnings shall not be considered 
 disciplinary action against the person's application, license, 
 or certificate and are private data. 

    Subd. 5.    Procedure for temporary suspension of license 
 or certificate.  (a) When the board, or the complaint 
 committee if authorized by the board, issues a temporary 
 suspension order, the suspension is in effect upon service of a 
 written order on the licensee, certificate holder, or counsel of 
 record, specifying the statute, rule, or order violated.  The 
 order remains in effect until the board issues a final order in 
 the matter after a hearing or upon agreement between the board 
 and the licensee or certificate holder.  

    (b) The order may prohibit the licensee from engaging in 
 the practice of public accounting in whole or in part, as the 
 facts may require, and may condition the end of such suspension 
 on compliance with a statute, rule, or order that the board has 
 issued or is empowered to enforce. 

    (c) The order shall set forth the rights to hearing 
 contained in this subdivision and shall state the reasons for 
 the entry of the order.  

    (d) Within ten days after service of the order, the 
 licensee or certificate holder may request a hearing in 
 writing.  The board shall hold a hearing before its own members 
 within five working days of receipt of a request for hearing on 
 the sole issue of whether there is a reasonable basis to 
 continue, modify, or lift the temporary suspension.  This 
 hearing is not subject to chapter 14.  Evidence presented by the 
 board or the licensee or certificate holder shall be in 
 affidavit form only.  The licensee, certificate holder, or 
 counsel of record may appear for oral argument.  

    (e) Within five working days after the hearing, the board 
 shall issue its order and, if the suspension is continued, 
 schedule a contested case hearing within 30 days after issuance 
 of the order.  The administrative law judge shall issue a report 
 within 30 days after closing of the contested case hearing 
 record, notwithstanding the provisions of Minnesota Rules, part 
 1400.8100, subpart 3.  The board shall issue a final order 
 within 30 days after receipt of that report. 

    Subd. 6.    Violation; penalties; costs of proceeding.  
 (a) The board may impose a civil penalty not to exceed $2,000 
 per violation upon a person who violates an order, statute, or 
 rule that the board has issued or is empowered to enforce.  

    (b) The board may, in addition, impose a fee to reimburse 
 the board for all or part of the cost of the proceedings, 
 including reasonable investigative costs, resulting in 
 disciplinary or corrective action authorized by this section, 
 the imposition of civil penalties, or the issuance of a cease 
 and desist order.  The fee may be imposed when the board shows 
 that the position of the person who violates a statute, rule, or 
 order that the board has issued or is empowered to enforce is 
 not substantially justified, unless special circumstances make 
 an award unjust, notwithstanding the provisions of Minnesota 
 Rules, part 1400.8401.  The costs include, but are not limited 
 to, the amount paid by the board for services from the office of 
 administrative hearings, attorney and reasonable investigative 
 fees, court reporters, witnesses, reproduction of records, board 
 members' per diem compensation, board staff time, and expense 
 incurred by board members and staff. 

    (c) All hearings required by this subdivision shall be 
 conducted in accordance with chapter 14. 

    Subd. 7.    Reinstatement.  The board may reinstate a 
 suspended, revoked, or surrendered certificate or license upon 
 petition of the former or suspended certificate holder or 
 licensee.  The board may, in its sole discretion, require that 
 the former certificate holder or licensee submit to the board 
 evidence of having obtained up to 120 hours of continuing 
 professional education credits that would have been required had 
 the former certificate holder held a certificate or the former 
 licensee been licensed continuously.  The board may, in its sole 
 discretion, place any other conditions upon reinstatement of a 
 suspended, revoked, or surrendered certificate or license that 
 it finds appropriate and necessary to ensure that the purposes 
 of sections 326.165 to 326.229 are met.  No suspended 
 certificate or license shall be reinstated until the former 
 certificate holder or licensee has completed one-half of the 
 suspension. 

    HIST: 1992 c 542 s 3; 1998 c 340 s 16-19 

  326.23 Repealed, 1992 c 542 s 5 

  326.231 Repealed, 1992 c 542 s 5 

  326.24 Repealed, 1967 c 602 s 17 

     326.241 Board of electricity. 

    Subdivision 1.    Composition.  The board of electricity 
 shall consist of 11 members, residents of the state, appointed 
 by the governor of whom at least two shall be representatives of 
 the electrical suppliers in the rural areas of the state, two 
 shall be master electricians, who shall be contractors, two 
 journeyman electricians, one registered consulting electrical 
 engineer, two licensed alarm and communication system 
 contractors engaged in the business of installing alarm and 
 communication systems, and two public members as defined by 
 section 214.02.  Membership terms, compensation of members, 
 removal of members, the filling of membership vacancies, and 
 fiscal year and reporting requirements shall be as provided in 
 sections 214.07 to 214.09.  The provision of staff, 
 administrative services and office space; the review and 
 processing of complaints; the setting of board fees; and other 
 provisions relating to board operations shall be as provided in 
 chapter 214. 

    Subd. 2.    Powers.  The board, or the complaint 
 committee on behalf of the board where authorized by law, shall 
 have power to: 

    (1) Elect its own officers. 

    (2) Engage and fix the compensation of inspectors, and hire 
 employees.  The salary of the executive secretary shall be 
 established pursuant to chapter 43A.  All agents and employees 
 other than contract inspectors shall be in the classified 
 service and shall be compensated pursuant to chapter 43A.  All 
 inspectors shall hold licenses as master or journeyman 
 electricians under section 326.242, subdivision 1(1) or 2(1), 
 and shall give bond in an amount fixed by the board, conditioned 
 upon the faithful performance of their duties. 

    (3) Pay such other expenses as it may deem necessary in the 
 performance of its duties, including rent, supplies, and such 
 like. 

    (4) Enforce the provisions of sections 326.241 to 326.248, 
 and provide, upon request, such additional voluntary inspections 
 and reviews as it may deem appropriate. 

    (5) Issue, renew, refuse to renew, suspend, temporarily 
 suspend, and revoke licenses, censure licensees, assess civil 
 penalties, issue cease and desist orders, and seek injunctive 
 relief and civil penalties in court as authorized by section 
 326.242 and other provisions of Minnesota law. 

    (6) Adopt reasonable rules to carry out its duties under 
 sections 326.241 to 326.248 and to provide for the amount and 
 collection of fees for inspection and other services.  All rules 
 shall be adopted in accordance with chapter 14. 

    Subd. 3.    Fees and finances; disposition.  All fees 
 collected under the provisions of sections 326.241 to 326.248 
 are to be credited to a special account in the state treasury.  
 Money in the account is appropriated to the board of electricity 
 to administer and enforce sections 326.241 to 326.248, to pay 
 indirect costs, to compensate contract electrical inspectors for 
 inspections performed, and to make refunds. 

    HIST: 1967 c 602 s 1; 1973 c 638 s 49,50; 1974 c 45 s 1; 1974 
 c 406 s 47; 1975 c 136 s 62,63; 1976 c 149 s 53; 1976 c 222 s 
 167; 1976 c 239 s 65; 1977 c 455 s 83; 1981 c 357 s 80; 1982 c 
 424 s 130; 1983 c 216 art 1 s 51; 1983 c 299 s 27; 1Sp1985 c 6 s 
 3; 1987 c 358 s 116; 1991 c 289 s 10 

     326.242 Licenses. 

    Subdivision 1.    Master electrician.  Except as 
 otherwise provided by law, no person shall install, alter, 
 repair, plan, lay out, or supervise the installing, altering, or 
 repairing of electrical wiring, apparatus, or equipment for 
 light, heat, power, or other purposes unless the person is:  (a) 
 licensed by the board as a master electrician and (b)(i) the 
 electrical work is for a licensed electrical contractor and the 
 person is an employee, partner, or officer of, or is the 
 licensed electrical contractor, or (ii) the electrical work is 
 performed for the person's employer on electric wiring, 
 apparatus, equipment, or facilities owned or leased by the 
 employer which is located within the limits of property which is 
 owned or leased and operated and maintained by the employer.  

    (1) An applicant for a Class A master electrician's license 
 shall (a) be a graduate of a four-year electrical course in an 
 accredited college or university; or (b) shall have had at least 
 one year's experience, acceptable to the board, as a licensed 
 journeyman; or (c) shall have had at least five years' 
 experience, acceptable to the board, in planning for, laying 
 out, supervising and installing wiring, apparatus, or equipment 
 for electrical light, heat and power.  

    (2) As of August 1, 1985, no new Class B master 
 electrician's licenses shall be issued.  An individual who has a 
 Class B master electrician's license as of August 1, 1985 may 
 retain the license and exercise the privileges it grants, which 
 include electrical work limited to single phase systems, not 
 over 200 amperes in capacity, on farmsteads or single-family 
 dwellings located in towns or municipalities with fewer than 
 2,500 inhabitants. 

    Subd. 2.    Journeyman electrician.  (a) Except as 
 otherwise provided by law, no person shall install, alter, 
 repair, or supervise the installing, altering, or repairing of 
 electrical wiring, apparatus, or equipment for light, heat, 
 power, or other purposes unless: 

    (1) the person is licensed by the board as a journeyman 
 electrician; and 

    (2) the electrical work is: 

    (i) for an electrical contractor and the person is an 
 employee, partner, or officer of the licensed electrical 
 contractor; or 

    (ii) performed under the supervision of a master 
 electrician also employed by the person's employer on electrical 
 wiring, apparatus, equipment, or facilities owned or leased by 
 the employer that is located within the limits of property owned 
 or leased, operated, and maintained by the employer. 

    (b) An applicant for a Class A journeyman electrician's 
 license shall have had at least four years of experience, 
 acceptable to the board, in wiring for, installing, and 
 repairing electrical wiring, apparatus, or equipment, provided 
 however, that the board may by rule provide for the allowance of 
 one year of experience credit for successful completion of a 
 two-year post high school electrical course approved by the 
 board. 

    (c) As of August 1, 1985, no new Class B journeyman 
 electrician's licenses shall be issued.  An individual who holds 
 a Class B journeyman electrician's license as of August 1, 1985 
 may retain the license and exercise the privileges it grants, 
 which include electrical work limited to single phase systems, 
 not over 200 amperes in capacity, on farmsteads or on 
 single-family dwellings located in towns or municipalities with 
 fewer than 2,500 inhabitants. 

    Subd. 3.    Class A installer.  Notwithstanding the 
 provisions of subdivisions 1, 2, and 6, any person holding a 
 class A installer license may lay out and install and supervise 
 the laying out and installing of electrical wiring, apparatus, 
 or equipment for major electrical home appliances on the load 
 side of the main service on farmsteads and in any town or 
 municipality with fewer than 1,500 inhabitants, which is not 
 contiguous to a city of the first class and does not contain an 
 established business of an electrical contractor. 

    Subd. 3a.    Class B installer.  Notwithstanding the 
 provisions of subdivisions 1, 2 and 6, any person holding a 
 class B installer license may lay out and install electrical 
 wiring, apparatus and equipment on center pivot irrigation booms 
 on the load side of the main service on farmsteads, and install 
 such other electrical equipment as is determined by the board.  

    Subd. 3b.    Coursework or experience.  An applicant for 
 a Class A or B installer license shall have completed a post 
 high school course in electricity acceptable to the board or 
 shall have had at least one year's experience, acceptable to the 
 board in electrical wiring.  

    Subd. 3c.    Bond.  Every installer, as a condition of 
 licensure, shall give bond to the state in the sum of $1,000 
 conditioned upon the faithful and lawful performance of all work 
 contracted for or entered upon by the installer within the state 
 of Minnesota, and such bond shall be for the benefit of persons 
 injured or suffering financial loss by reason of failure of such 
 performance.  Such bond shall be in lieu of all other license 
 bonds to any political subdivision of the state.  Such bond 
 shall be written by a corporate surety licensed to do business 
 in the state of Minnesota. 

    Subd. 4.    Special electrician.  Notwithstanding the 
 provisions of subdivisions 1, 2, 6, and 7, the board may by rule 
 provide for the issuance of special electrician licenses 
 empowering the licensee to engage in a limited class or classes 
 of electrical work, which class or classes shall be specified on 
 the license certificate.  Each licensee shall have had at least 
 two years of experience, acceptable to the board, in each such 
 limited class of work for which the licensee is licensed.  

    Subd. 5.    Unlicensed persons.  (a) An unlicensed 
 person shall not perform electrical work unless the work is 
 performed under the personal supervision of an electrician 
 actually licensed to perform such work and the licensed 
 electrician and unlicensed person are employed by the same 
 employer.  Licensed electricians shall not permit unlicensed 
 persons to perform electrical work except under the personal 
 supervision of an electrician actually licensed to perform such 
 work.  Unlicensed persons shall not supervise the performance of 
 electrical work or make assignments of electrical work to 
 unlicensed persons.  Licensed electricians shall supervise no 
 more than two unlicensed persons. 

    (b) Notwithstanding any other provision of this section, no 
 person other than a master electrician shall plan or lay out 
 electrical wiring, apparatus, or equipment for light, heat, 
 power, or other purposes. 

    (c) Electrical contractors employing unlicensed persons 
 performing electrical work shall maintain records establishing 
 compliance with this subdivision, which shall designate all 
 unlicensed persons performing electrical work and shall permit 
 the board to examine and copy all such records as provided for 
 in section 326.244, subdivision 6. 

    Subd. 6.    Electrical contractor's license required.  
 Except as otherwise provided by law, no person other than an 
 employee, partner, or officer of a licensed electrical 
 contractor, as defined by section 326.01, subdivision 5, shall 
 undertake or offer to undertake to plan for, lay out, supervise 
 or install or to make additions, alterations, or repairs in the 
 installation of electrical wiring, apparatus, and equipment for 
 light, heat, power, and other purposes with or without 
 compensation unless the person obtains an electrical 
 contractor's license.  An electrical contractor's license does 
 not of itself qualify its holder to perform or supervise the 
 electrical work authorized by holding any class of electrician's 
 license.  

    Subd. 6a.    Bond required.  Each electrical contractor 
 shall give and maintain bond to the state in the penal sum of 
 $5,000 conditioned upon the faithful and lawful performance of 
 all work entered upon by the contractor within the state of 
 Minnesota and such bond shall be for the benefit of persons 
 injured or suffering financial loss by reason of failure of such 
 performance.  The bond shall be filed with the board and shall 
 be in lieu of all other license bonds to any political 
 subdivision.  Such bond shall be written by a corporate surety 
 licensed to do business in the state of Minnesota.  

    Subd. 6b.    Insurance required.  Each electrical 
 contractor shall have and maintain in effect general liability 
 insurance, which includes premises and operations insurance and 
 products and completed operations insurance, with limits of at 
 least $100,000 per occurrence, $300,000 aggregate limit for 
 bodily injury, and property damage insurance with limits of at 
 least $25,000 or a policy with a single limit for bodily injury 
 and property damage of $300,000 per occurrence and $300,000 
 aggregate limits.  Such insurance shall be written by an insurer 
 licensed to do business in the state of Minnesota and each 
 electrical contractor shall maintain on file with the board a 
 certificate evidencing such insurance which provides that such 
 insurance shall not be canceled without the insurer first giving 
 15 days written notice to the board of such cancellation.  

    Subd. 6c.    Employment of master electrician.  (a) No 
 electrical contractor shall engage in business of electrical 
 contracting unless the electrical contractor employs a licensed 
 Class A master or Class B master electrician, who shall be 
 responsible for the performance of all electrical work in 
 accordance with the requirements of sections 326.241 to 326.248 
 or any rule or order adopted or issued under these sections.  
 The classes of work for which the licensed electrical contractor 
 is authorized shall be limited to those for which such Class A 
 master, or Class B master employed by the electrical contractor 
 is licensed.  

    (b) When an electrical contractor's license is held by an 
 individual, partnership, or corporation and the individual, one 
 of the partners, or an officer of the corporation, respectively, 
 is not the responsible master electrician of record, all 
 requests for inspection shall be signed by the responsible 
 master electrician of record.  The designated responsible master 
 electrician of record shall be employed by the individual, 
 partnership, or corporation which is applying for an electrical 
 contractor's license and shall not be employed in any capacity 
 as a licensed electrician by any other electrical contractor or 
 employer designated in subdivision 12. 

    (c) All applications for electrical contractor's licenses 
 and all renewals shall include a verified statement that the 
 applicant or licensee has complied with this subdivision. 

    Subd. 7.    Examination.  In addition to the 
 requirements imposed herein and except as herein otherwise 
 provided, as a precondition to issuance of an electrician's 
 license, each applicant must pass a written or oral examination 
 given by the board to insure the competence of each applicant 
 for license.  An oral examination shall be administered only to 
 an applicant who furnishes a written statement from a certified 
 teacher or other professional, trained in the area of reading 
 disabilities stating that the applicant has a specific reading 
 disability which would prevent the applicant from performing 
 satisfactorily on a written test.  The oral examination shall be 
 structured so that an applicant who passes the examination will 
 not impair the applicant's own safety or that of others while 
 acting as an electrician.  No person failing an examination may 
 retake it for six months thereafter, but within such six months 
 the person may take an examination for a lesser grade of 
 license.  Any licensee failing to renew a license for two years 
 or more after its expiration shall be required to retake the 
 examination before being issued a new license. 

    An applicant for journeyman's or special electrician's 
 license who shall furnish evidence satisfactory to the board of 
 having the requisite experience, upon written application, 
 payment of the examination fee and fulfillment of all other 
 requirements stated herein, may work as a journeyman or special 
 electrician until the examination next following and the 
 announcement of the results of such latter examination by the 
 board. 

    Subd. 8.    License and renewal fees.  All licenses 
 issued hereunder shall expire in a manner as provided by the 
 board.  Fees, as set by the board, shall be payable for 
 examination, issuance and renewal of the following: 

    (1) For examination: 

    Class A Master. 

    Class B Master. 

    Class A Journeyman, Class B Journeyman, Installer, Alarm 
 and Communications Contractor, or Special Electrician. 

    (2) For issuance of original license and renewal: 

    Class A Master. 

    Class B Master. 

    Class A Journeyman, Class B Journeyman, Installer, or 
 Special Electrician. 

    Electrical contractor. 

    Alarm and Communication System Contractor. 

    Subd. 9.    Denial, suspension, and revocation of 
 licenses.  The board may by order deny, suspend, revoke, or 
 refuse to renew a license, or may censure a licensee if the 
 board finds (1) in its discretion that the order is in the 
 public interest and (2) that, based upon a preponderance of the 
 evidence presented, the applicant or licensee: 

    (a) has filed an application for a license which is 
 incomplete in any material respect or contains any statement 
 which, in light of the circumstances under which it is made, is 
 false or misleading with respect to any material fact; 

    (b) has engaged in any fraudulent, deceptive, or dishonest 
 act or practice; 

    (c) has been convicted within the past five years of a 
 misdemeanor involving a violation of sections 326.241 to 
 326.248; 

    (d) has violated or failed to comply with sections 326.241 
 to 326.248 or any rule or order adopted or issued under these 
 sections; or 

    (e) has, in the conduct of the applicant's or licensee's 
 affairs, including, but not limited to, the performance of 
 electrical work, been shown to be incompetent or untrustworthy.  

    If a licensee engages in conduct that is proven by a 
 preponderance of the evidence to be a basis for discipline 
 pursuant to paragraphs (a) to (e), the conduct shall constitute 
 a violation of this subdivision.  The board may take action 
 under this subdivision or any other law authorizing action 
 against a licensee regardless of whether the underlying conduct 
 was willful. 

    The board may adopt rules further specifying and defining 
 actions, conduct, and omissions that constitute fraudulent, 
 deceptive, dishonest, or prohibited practices, and establishing 
 standards of conduct for applicants and licensees. 

    Subd. 9a.    Civil penalties.  Whenever a preponderance 
 of the evidence presented proves that a person has violated or 
 failed to comply with sections 326.241 to 326.248 or any rule or 
 order adopted or issued under these sections, the board may 
 impose a civil penalty upon the person in an amount not to 
 exceed $10,000 per violation. 

    Subd. 9b.    Orders for hearing.  The complaint 
 committee may, on behalf of the board, issue an order requiring 
 a licensee or an applicant for a license to appear at a hearing 
 on the issue of whether the license should be revoked or 
 suspended, the licensee censured, the application denied, or a 
 civil penalty imposed.  The order shall be calculated to give 
 reasonable notice of the time and place for hearing, and shall 
 state the reasons for the entry of the order.  All hearings 
 shall be conducted in accordance with chapter 14.  After the 
 hearing, the board shall enter an order making a disposition of 
 the matter as the facts require.  If the licensee or applicant 
 fails to appear at a hearing of which that person has been duly 
 notified, the person is in default and the proceeding may be 
 determined against that person upon consideration of the order 
 for hearing, the allegations of which may be deemed to be true. 

    Subd. 9c.    Temporary suspension.  (a) The complaint 
 committee may, on behalf of the board and in the public 
 interest, temporarily suspend a license pending final 
 determination of an order for hearing.  The complaint committee 
 shall not issue a temporary suspension order until an 
 investigation of the facts has been conducted pursuant to 
 section 214.10 by the attorney general.  The complaint committee 
 shall issue a temporary suspension order only when the safety of 
 life or property is threatened or to prevent the commission of 
 fraudulent, deceptive, or dishonest acts against the public.  
 Service of the temporary suspension order is effective if the 
 order is served on the licensee or counsel of record personally 
 or by first class mail to the most recent address provided to 
 the board for the licensee or the counsel of record. 

    (b) If a license is suspended pending final determination 
 of an order for hearing, a hearing on the merits shall be held 
 within 45 days of the issuance of the order of temporary 
 suspension.  The administrative law judge shall issue a report 
 within 30 days after closing of the contested case hearing 
 record.  The board shall issue a final order within 30 days 
 after receipt of that report and any exceptions. 

    (c) If the licensee requests a hearing in writing within 
 ten days of service of the order, the board shall hold a hearing 
 before its own members on the sole issue of whether there is a 
 reasonable basis to continue, modify, or vacate the temporary 
 suspension.  The board shall hold the hearing within five 
 working days of the licensee's request for hearing.  Evidence 
 presented by the complaint committee or licensee shall be in 
 affidavit form only.  The licensee or counsel of record for the 
 licensee may appear for oral argument.  Within five working days 
 after the hearing, the board shall issue its order either 
 continuing or vacating the temporary suspension. 

    Subd. 9d.    Cease and desist order.  (a) Whenever it 
 appears to the complaint committee that any person has engaged 
 or is about to engage in any act or practice constituting a 
 violation of sections 326.241 to 326.248, any other law 
 authorizing the issuance of a cease and desist order, or any 
 rule or order adopted or issued under these sections, the 
 complaint committee may, on behalf of the board, issue and cause 
 to be served upon the person an order requiring the person to 
 cease and desist from violating sections 326.241 to 326.248 or 
 any rule or order adopted or issued under these sections.  The 
 complaint committee shall not issue a cease and desist order 
 until an investigation of the facts has been conducted pursuant 
 to section 214.10 by the attorney general.  The order shall be 
 calculated to give reasonable notice of the right of the person 
 to request a hearing and shall state the reasons for the entry 
 of the order.  If no hearing is requested of the board within 15 
 days of service of the order, the order shall become final and 
 shall remain in effect until it is modified or vacated by the 
 board and shall not be reviewable by a court. 

    (b) A hearing shall be held not later than 30 days from the 
 date of the board's receipt of a written hearing request, unless 
 otherwise agreed by the person requesting the hearing and the 
 complaint committee.  Within 30 days of receipt of the 
 administrative law judge's report and any exceptions, the board 
 shall issue a final order modifying, vacating, or making 
 permanent the cease and desist order as the facts require.  The 
 final order remains in effect until modified or vacated by the 
 board. 

    Subd. 9e.    Costs of proceeding.  The board may impose 
 a fee to reimburse the board for all or part of the cost of the 
 proceedings resulting in disciplinary action or the imposition 
 of civil penalties or the issuance of a cease and desist order.  
 Such fees include, but are not limited to, the amount paid by 
 the board for services from the office of administrative 
 hearings, attorney fees, court reporters, witnesses, 
 reproduction of records, board members' per diem compensation, 
 board staff time, and expense incurred by board members and 
 staff. 

    Subd. 9f.    District court action; injunctive relief and 
 civil penalties.  (a) Whenever it appears to the board, or the 
 complaint committee if authorized by the board, that any person 
 has engaged or is about to engage in any act or practice 
 constituting a violation of sections 326.241 to 326.248 or any 
 rule or order adopted or issued under these sections, the board, 
 or the complaint committee if authorized by the board, may bring 
 an action in the name of the board in the Ramsey county district 
 court or the district court of any other county in which venue 
 is proper. 

    (b) The action may be brought to enjoin the acts or 
 practices and to enforce compliance with sections 326.241 to 
 326.248, any other law authorizing a civil or injunctive action, 
 or any rule or order adopted or issued under these sections and 
 for a civil penalty not to exceed $10,000 for each separate 
 violation of sections 326.241 to 326.248, any other law 
 authorizing a civil or injunctive action, or any rule or order 
 adopted or issued under these sections. 

    (c) A temporary restraining order and other temporary 
 injunctive relief shall be granted in the proceeding whenever it 
 appears that any person has engaged in or is about to engage in 
 any act, conduct, or practice constituting violation of sections 
 326.241 to 326.248, any other law authorizing a civil or 
 injunctive action, or any rule or order adopted or issued under 
 these sections.  The board shall not be required to show 
 irreparable harm. 

    Subd. 9g.    Other remedies.  The issuance of a cease 
 and desist order or injunctive relief under this section does 
 not relieve a person from criminal prosecution by any competent 
 authority or from disciplinary action by the board and does not 
 prevent the board from exercising any other authority granted to 
 it. 

    Subd. 9h.    Powers additional.  The powers contained in 
 subdivisions 9 to 9g are in addition to all other powers of the 
 board. 

    Subd. 9i.    Cooperation required.  A person who is the 
 subject of an investigation, or who is questioned in connection 
 with an investigation, by or on behalf of the board or its 
 complaint committee shall cooperate fully with the 
 investigation.  Cooperation includes, but is not limited to: 

    (1) responding fully and promptly to questions raised by or 
 on behalf of the board or its complaint committee relating to 
 the subject of the investigation; 

    (2) providing copies of records in the person's possession 
 related to the matter under investigation as requested by the 
 board, its complaint committee, or the attorney general within 
 the time limit set by the board, its complaint committee, or the 
 attorney general; 

    (3) assisting the board, its complaint committee, or the 
 attorney general in its investigation; and 

    (4) appearing at conferences or hearings scheduled by the 
 board or its complaint committee. 

    Subd. 9j.    Disciplinary proceedings closed.  
 Proceedings held before the board or its complaint committee 
 under chapter 214 or subdivisions 9 to 9d are exempt from the 
 requirements of section 13D.01. 

    Subd. 9k.    Conflicts of law.  If there is a conflict 
 between sections 326.241 to 326.248 and chapter 214, sections 
 326.241 to 326.248 shall control. 

    Subd. 10.    Continuation of business by estates.  Upon 
 the death of a master who is an electrical contractor the board 
 may permit the decedent's representative to carry on the 
 business of the decedent for a period not in excess of six 
 months, for the purpose of completing work under contract or 
 otherwise to comply with sections 326.241 to 326.248.  The 
 representative shall give such bond as the board may require 
 conditioned upon the faithful and lawful performance of such 
 work and such bond shall be for the benefit of persons injured 
 or suffering financial loss by reason of failure of such 
 performance.  Such bond shall be written by a corporate surety 
 licensed to do business in the state of Minnesota.  Such 
 representative shall also comply with all public liability and 
 property damage insurance requirements imposed by this chapter 
 upon a licensed electrical contractor. 

    Subd. 11.    Reciprocity.  To the extent that any other 
 state which provides for the licensing of electricians provides 
 for similar action the board may grant licenses, without 
 examination, of the same grade and class to an electrician who 
 has been licensed by such other state for at least one year, 
 upon payment by the applicant of the required fee and upon the 
 board being furnished with proof that the required fee and upon 
 the board being furnished with proof that the qualifications of 
 the applicant are equal to the qualifications of holders of 
 similar licenses in Minnesota.  

    Subd. 12.    Exemptions from licensing.  (a) A 
 maintenance electrician who is supervised by the responsible 
 master electrician for an electrical contractor who has 
 contracted with the maintenance electrician's employer to 
 provide services for which an electrical contractor's license is 
 required or by a master electrician or an electrical engineer 
 registered with the board and who is an employee of an employer 
 and is engaged in the maintenance, and repair of electrical 
 equipment, apparatus, and facilities owned or leased by the 
 employer, and performed within the limits of property which is 
 owned or leased and operated and maintained by said employer, 
 shall not be required to hold or obtain a license under sections 
 326.241 to 326.248; or 

    (b) Employees of a licensed alarm and communication 
 contractor are not required to hold a license under sections 
 326.241 to 326.248 while performing work authorized to be 
 conducted by an alarm and communication contractor; or 

    (c) Employees of any electric, communications, or railway 
 utility, or a telephone company as defined under section 237.01 
 or its employees, or of any independent contractor performing 
 work on behalf of any such utility or telephone company, shall 
 not be required to hold a license under sections 326.241 to 
 326.248: 

    1.  While performing work on installations, materials, or 
 equipment which are owned or leased, and operated and maintained 
 by such utility or telephone company in the exercise of its 
 utility or telephone function, and which 

    (i) are used exclusively for the generation, 
 transformation, distribution, transmission, or metering of 
 electric current, or the operation of railway signals, or the 
 transmission of intelligence and do not have as a principal 
 function the consumption or use of electric current by or for 
 the benefit of any person other than such utility or telephone 
 company, and 

    (ii) are generally accessible only to employees of such 
 utility or telephone company or persons acting under its control 
 or direction, and 

    (iii) are not on the load side of the meter; or 

    2.  While performing work on installations, materials, or 
 equipment which are a part of the street lighting operations of 
 such utility; or 

    3.  While installing or performing work on outdoor area 
 lights which are directly connected to a utility's distribution 
 system and located upon the utility's distribution poles, and 
 which are generally accessible only to employees of such utility 
 or persons acting under its control or direction; or 

    (d) An owner shall not be required to hold or obtain a 
 license under sections 326.241 to 326.248. 

    HIST: 1967 c 602 s 2; 1976 c 222 s 168,169; 1979 c 121 s 2; 
 1981 c 63 s 1; 1981 c 195 s 1; 1985 c 73 s 5-9; 1985 c 248 s 70; 
 1Sp1985 c 6 s 4,5; 1986 c 373 s 3-6; 1986 c 444; 1991 c 289 s 
 11-29 

     326.2421 Alarm and communication systems. 

    Subdivision 1.  Repealed, 1Sp1985 c 6 s 11 

    Subd. 2.    Exemption.  Except as provided in 
 subdivision 3, no person licensed pursuant to subdivision 3 may 
 be required to obtain any authorization, permit, franchise, or 
 license from, or pay any fee, franchise tax, or other assessment 
 to, any agency, department, board, or political subdivision of 
 the state as a condition for performing any work described 
 herein.  The requirements of this section shall not apply to 
 telephone companies as defined under section 237.01 nor to their 
 employees, that are only engaged in the laying out, 
 installation, and repair of telephone systems. 

    Subd. 3.    Alarm and communication contractor's licenses. 
  No person may lay out, install, maintain, or repair alarm and 
 communication systems, unless the person is licensed as an alarm 
 and communication contractor under this subdivision, or is a 
 licensed electrical contractor under section 326.242, 
 subdivision 6, or is an employee of the contractor.  The board 
 of electricity shall issue an alarm and communication 
 contractor's license to any individual, corporation, 
 partnership, sole proprietorship, or other business entity that 
 provides adequate proof that a bond and insurance in the amounts 
 required by section 326.242, subdivision 6, have been obtained 
 by the applicant.  The board shall set license fees pursuant to 
 section 16A.1285.  Installation of alarm and communication 
 systems are subject to inspection and inspection fees as 
 provided in section 326.244, subdivision 1a. 

    Subd. 4.    Examination.  No alarm and communication 
 contractor shall be issued a license by the board under this 
 section unless the contractor or an employee of the contractor 
 has passed an alarm and communication system examination given 
 by the board of electricity.  

    Subd. 5.  Repealed, 1Sp1985 c 6 s 11 

    Subd. 6.    Existing contractors.  Persons who on July 
 1, 1985, are in the business of laying out, installing, 
 maintaining, or repairing alarm and communication systems and 
 who have filed a license application with the electrical board 
 by September 1, 1987, shall be allowed to continue in that 
 business as if licensed under subdivision 3 until final action 
 is taken by the board upon their applications.  Contractors who 
 are in the business on July 1, 1985, and who file a license 
 application with the board by September 1, 1987, are exempt from 
 the requirements of subdivision 4.  

    Subd. 7. Repealed, 1987 c 384 art 3 s 14 

    Subd. 8.    Hazardous locations.  The provisions of this 
 section shall not apply to work performed in hazardous 
 classified locations covered by articles 500 to 517 of the 
 National Electrical Code as that code was approved by the 
 American National Standards Institute and was in effect January 
 14, 1985. 

    Subd. 9.    Limitation.  Nothing in this section 
 prohibits a unit of local government from charging a franchise 
 fee to the operator of a cable communications system. 

    HIST: 1Sp1985 c 6 s 1; 1986 c 373 s 7; 1987 c 279 s 2; 1995 c 
 233 art 2 s 52; 1997 c 7 art 1 s 125 

     326.243 Safety standards. 

    All electrical wiring, apparatus and equipment for electric 
 light, heat and power, alarm and communication systems shall 
 comply with the rules of the department of public service, the 
 commissioner of commerce, or the department of labor and 
 industry, as applicable, and be installed in conformity with 
 accepted standards of construction for safety to life and 
 property.  For the purposes of this chapter, the rules and 
 safety standards stated at the time the work is done in the then 
 most recently published edition of the National Electrical Code 
 as adopted by the National Fire Protection Association, Inc. and 
 approved by the American National Standards Institute, and the 
 National Electrical Safety Code as published by the Institute of 
 Electrical and Electronics Engineers, Inc. and approved by the 
 American National Standards Institute, shall be prima facie 
 evidence of accepted standards of construction for safety to 
 life and property; provided further, that in the event a 
 Minnesota Building Code is formulated pursuant to section 
 16B.61, containing approved methods of electrical construction 
 for safety to life and property, compliance with said methods of 
 electrical construction of said Minnesota Building Code shall 
 also constitute compliance with this section, and provided 
 further, that nothing herein contained shall prohibit any 
 political subdivision from making and enforcing more stringent 
 requirements than set forth herein and such requirements shall 
 be complied with by all licensed electricians working within the 
 jurisdiction of such political subdivisions.  

    HIST: 1967 c 602 s 3; Ex1967 c 1 s 6; 1971 c 25 s 67; 1983 c 
 289 s 114 subd 1; 1984 c 544 s 89; 1984 c 655 art 1 s 92; 1985 c 
 73 s 10; 1985 c 248 s 70; 1Sp1985 c 6 s 6 

     326.244 Inspection. 

    Subdivision 1.    Required inspection.  Except where any 
 political subdivision has by ordinance provided for electrical 
 inspection similar to that herein provided, every new electrical 
 installation in any construction, remodeling, replacement, or 
 repair, except minor repair work as the same is defined by the 
 board by rule, shall be inspected by the board for compliance 
 with accepted standards of construction for safety to life and 
 property.  

    Subd. 1a.    Alarm and communication systems.  (a) The 
 installation of fire alarm systems as defined in article 760 of 
 the National Electrical Code, except minor work performed by a 
 contractor, must be inspected as provided in this section for 
 compliance with the applicable provisions of articles 725, 760, 
 770, 800, 810, and 820 of the most recent edition of the 
 National Electrical Code and the applicable provisions of the 
 National Electrical Safety Code, as those codes were approved by 
 the American National Standards Institute. 

    (b) Repealed, 1Sp1985 c 6 s 12 

    (c) For the purposes of this subdivision "minor work" means 
 the adjustment or repair and replacement of worn or defective 
 parts of an alarm or communication system.  Minor work may be 
 inspected under this section at the request of the owner of the 
 property or the person doing the work. 

    (d) Notwithstanding this subdivision, if an electrical 
 inspector in the course of doing another inspection in a 
 building observes that an alarm and communication contractor has 
 not complied with accepted standards when the work was 
 performed, as provided in the most recent editions of the 
 National Electrical Code and the National Electrical Safety Code 
 as approved by the American National Standards Institute, the 
 inspector may order the contractor who has performed the work to 
 make any necessary repairs to comply with applicable standards 
 and require that the work be inspected. 

    Subd. 2.    Procedure.  (a) At or before commencement of 
 any installation required to be inspected by the board, the 
 electrical contractor, installer, special electrician, or owner 
 making the installation shall submit to the board a request for 
 inspection, in a form prescribed by the board, together with the 
 fees required for the installation.  

    (b) The fees required are a handling fee and an inspection 
 fee.  The handling fee shall be set by the board in an amount 
 sufficient to pay the cost of printing and handling the form 
 requesting an inspection.  The inspection fee shall be set by 
 the board in an amount sufficient to pay the actual costs of the 
 inspection and the board's costs in administering the 
 inspection.  All fees shall be set pursuant to the procedure of 
 sections 14.001 to 14.69.  

    (c) If the inspector finds that the installation is not in 
 compliance with accepted standards of construction for safety to 
 life and property as required by section 326.243, the inspector 
 shall by written order condemn the installation or noncomplying 
 portion thereof, or order service to the installation 
 disconnected, and shall send a copy of the order to the board.  
 If the installation or the noncomplying part will seriously and 
 proximately endanger human life and property, the order of the 
 inspector, when approved by the inspector's superior, shall 
 require immediate condemnation or disconnection.  In all other 
 cases, the order of the inspector shall permit a reasonable 
 opportunity for the installation to be brought into compliance 
 with accepted standards of construction for safety to life and 
 property prior to the effective time established for 
 condemnation or disconnection. 

    (d) Copies of each condemnation or disconnection order 
 shall be served personally or by mail upon the property owner, 
 and the electrical contractor, installer, or special electrician 
 making the installation, and other persons as the board by rule 
 may direct.  An aggrieved party may appeal any condemnation or 
 disconnection order by filing with the board a notice of appeal 
 within ten days after (1) service upon the aggrieved party of 
 the condemnation or disconnection order, if this service is 
 required, or (2) filing of the order with the board, whichever 
 is later.  The appeal shall proceed and the order of the 
 inspector shall have the effect the order, by its terms, and the 
 rules of the board provides.  The board shall adopt rules 
 providing procedures for the conduct of appeals, including 
 provisions for the stay of enforcement of the order of the 
 inspector pending such appeal when justified by the 
 circumstances. 

    Subd. 3.    Duty of electrical utility.  No electrical 
 installation subject to inspection by the board shall be newly 
 connected or reconnected for use until there is filed with the 
 electrical utility supplying power a certificate of the property 
 owner or licensed electrician, directing the work that 
 inspection has been requested and that the conditions of the 
 installation are safe for energization, provided further, that 
 in all cases where an order of condemnation or disconnection has 
 been issued against the installation or any part thereof, prior 
 to connection or reconnection there shall also first be filed 
 with the electrical utility supplying the power a copy of an 
 order of the inspector or the board dismissing such prior order 
 of condemnation or disconnection or approving the installation 
 as being in compliance with accepted standards of construction 
 for safety to life and property.  With respect to transient 
 projects, the aforesaid certificate shall also contain a 
 certification that the request for inspection has been or will 
 be filed with the board so as to be received by it at least five 
 days prior to the date and time energization of the installation 
 by the utility is to occur, and that the request for inspection 
 states such date and time, and it shall be the responsibility of 
 the board to have inspection of such transient project occur 
 prior to the date and time at which the request states 
 energization is to occur.  

    Subd. 4.    Powers of political subdivisions.  Any 
 political subdivision or the University of Minnesota may make 
 provision for inspection of electrical installations within its 
 jurisdiction, in which case it shall keep on file with the board 
 copies of its current inspection ordinances and codes.  No 
 political subdivision or the University of Minnesota shall 
 require any individual, partnership, corporation or other 
 business association holding a license from the board under 
 sections 326.241 to 326.248 to pay any license or registration 
 fee, provided however, that any such political subdivision or 
 the University of Minnesota may provide by ordinance a 
 requirement that each individual, partnership, corporation or 
 other business association doing electrical work within the 
 jurisdiction of such political subdivision or the University of 
 Minnesota have on file with said political subdivision a copy of 
 the current license issued by the board or such other evidence 
 of such license as may be provided by the board.  

    Each electrical inspector of any political subdivision or 
 the University of Minnesota shall be a licensed master or 
 journeyman electrician under section 326.242, subdivision 1, 
 paragraph (1), or 2, paragraph (b), and shall not otherwise 
 engage or be employed in the sale, installing, altering, or 
 repairing of electrical wiring, apparatus, or equipment for 
 light, heat, power, and other purposes and shall have no 
 financial interest in any concern engaged in any such business.  

    Subd. 5.    Exemptions from inspections.  Installations, 
 materials, or equipment shall not be subject to inspection under 
 sections 326.241 to 326.248: 

    (1) when owned or leased, operated and maintained by any 
 employer whose maintenance electricians are exempt from 
 licensing under sections 326.241 to 326.248, while performing 
 electrical maintenance work only as defined by board rule; 

    (2) when owned or leased, and operated and maintained by 
 any electric, communications or railway utility or telephone 
 company in the exercise of its utility or telephone function; 
 and 

    (i) are used exclusively for the generations, 
 transformation, distribution, transmission, or metering of 
 electric current, or the operation of railway signals, or the 
 transmission of intelligence, and do not have as a principal 
 function the consumption or use of electric current by or for 
 the benefit of any person other than such utility or telephone 
 company; and 

    (ii) are generally accessible only to employees of such 
 utility or telephone company or persons acting under its control 
 or direction; and 

    (iii) are not on the load side of the meter; 

    (3) when used in the street lighting operations of an 
 electric utility; 

    (4) when used as outdoor area lights which are owned and 
 operated by an electric utility and which are connected directly 
 to its distribution system and located upon the utility's 
 distribution poles, and which are generally accessible only to 
 employees of such utility or persons acting under its control or 
 direction; 

    (5) when the installation, material, and equipment are 
 alarm or communication systems laid out, installed, or 
 maintained within residential units not larger than a duplex; 

    (6) when the installation, material, and equipment are in 
 facilities subject to the jurisdiction of the federal Mine 
 Safety and Health Act; or 

    (7) when the installation, material, and equipment is part 
 of an elevator installation for which the elevator contractor, 
 licensed under section 326.242, is required to obtain a permit 
 from the authority having jurisdiction as provided by section 
 16B.747, and the inspection has been or will be performed by an 
 elevator inspector certified by the department of administration 
 and licensed by the board of electricity.  This exemption shall 
 apply only to installations, material, and equipment permitted 
 or required to be connected on the load side of the 
 disconnecting means required for elevator equipment under 
 National Electric Code Article 620, and elevator communications 
 and alarm systems within the machine room, car, hoistway, or 
 elevator lobby. 

    Subd. 6.    Site inspections.  The board may, without 
 advance notice, inspect any site at which electrical work is 
 being performed or has been performed or where records 
 concerning the performance of electrical work are kept for 
 purposes of ensuring compliance with sections 326.241 to 326.248 
 or any rule or order adopted or issued under these sections.  
 With respect to electrical work performed at or records kept in 
 an occupied private dwelling, all inspections permitted by this 
 subdivision shall occur during normal business hours and shall 
 be preceded by advance notice, which need not be in writing.  
 The board shall have the authority to examine and copy all 
 records concerning the performance of electrical work and to 
 question in private all persons employed by an electrical 
 contractor or on the site.  No person shall retaliate in any 
 manner against any employee or person who is questioned by, 
 cooperates with, or provides information to the board, its 
 complaint committee, or the attorney general. 

    HIST: 1967 c 602 s 4; 1981 c 357 s 81; 1982 c 424 s 130; 1985 
 c 73 s 11-13; 1985 c 248 s 70; 1Sp1985 c 6 s 7-9; 1986 c 373 s 
 8,9; 1987 c 358 s 117; 1987 c 384 art 2 s 1; 1990 c 422 s 10; 
 1991 c 289 s 30-32; 1995 c 166 s 16,17 

     326.2441 Inspection fee schedule. 

    Subdivision 1.    Schedule.  State electrical inspection 
 fees shall be paid according to subdivisions 2 to 13. 

    Subd. 2.    Fee for each separate inspection.  The 
 minimum fee for each separate inspection of an installation, 
 replacement, alteration, or repair is $20. 

    Subd. 3.    Fee for services, generators, other power 
 supply sources, or feeders to separate structures.  The 
 inspection fee for the installation, addition, alteration, or 
 repair of each service, change of service, temporary service, 
 generator, other power supply source, or feeder to a separate 
 structure is: 

    (1) 0 ampere to and including 400 ampere capacity, $25; 

    (2) 401 ampere to and including 800 ampere capacity, $50; 
 and 

    (3) ampere capacity above 800, $75. 

    Where multiple disconnects are grouped at a single location 
 and are supplied by a single set of supply conductors the 
 cumulative rating of the overcurrent devices shall be used to 
 determine the supply ampere capacity. 

    Subd. 4.    Fee for circuits, feeders, feeder taps, or 
 sets of transformer secondary conductors.  The inspection fee 
 for the installation, addition, alteration, or repair of each 
 circuit, feeder, feeder tap, or set of transformer secondary 
 conductors, including the equipment served, is: 

    (1) 0 ampere to and including 200 ampere capacity, $5; and 

    (2) ampere capacity above 200, $10. 

    Subd. 5.    Limitations to fees of subdivisions 3 and 4. 
  (a) The fee for a one-family dwelling and each dwelling unit 
 of a two-family dwelling with a supply of up to 500 amperes 
 where a combination of ten or more sources of supply, feeders, 
 or circuits are installed, added, altered, repaired, or extended 
 is $80.  This fee applies to each separate installation for new 
 dwellings and additions, alterations, or repairs to existing 
 dwellings and includes not more than two inspections.  The fee 
 for additional inspections or other installations is that 
 specified in subdivisions 2 to 4.  The installer may submit fees 
 for additional inspections when filing the request for 
 electrical inspection. 

    (b) The fee for each dwelling unit of a multifamily 
 dwelling with three to 12 dwelling units is $50 and the fee for 
 each additional dwelling unit is $25.  These fees include only 
 inspection of the wiring within individual dwelling units and 
 the final feeder to that unit.  This limitation is subject to 
 the following conditions: 

    (1) the multifamily dwelling is provided with common 
 service equipment and each dwelling unit is supplied by a 
 separate feeder.  The fee for multifamily dwelling services or 
 other power source supplies and all other circuits is that 
 specified in subdivisions 2 to 4; and 

    (2) this limitation applies only to new installations for 
 multifamily dwellings where the majority of the individual 
 dwelling units are available for inspection during each 
 inspection trip. 

    (c) A separate request for electrical inspection form must 
 be filed for each dwelling unit that is supplied with an 
 individual set of service entrance conductors.  These fees are 
 the one-family dwelling rate specified in paragraph (a). 

    Subd. 6.    Additions to fees of subdivisions 3 to 5.  
 (a) The fee for the electrical supply for each manufactured home 
 park lot is $25.  This fee includes the service or feeder 
 conductors up to and including the service equipment or 
 disconnecting means.  The fee for feeders and circuits that 
 extend from the service or disconnecting means is that specified 
 in subdivision 4. 

    (b) The fee for each recreational vehicle site electrical 
 supply equipment is $5.  The fee for recreational vehicle park 
 services, feeders, and circuits is that specified in 
 subdivisions 3 and 4. 

    (c) The fee for each street, parking lot, or outdoor area 
 lighting standard is $1, and the fee for each traffic signal 
 standard is $5.  Circuits originating within the standard or 
 traffic signal controller shall not be used when computing the 
 fee. 

    (d) The fee for transformers for light, heat, and power is 
 $10 for transformers rated up to ten kilovolt-amperes and $20 
 for transformers rated in excess of ten kilovolt-amperes. 

    (e) The fee for transformers and electronic power supplies 
 for electric signs and outline lighting is $5 per unit. 

    (f) The fee for alarm, communication, remote control, and 
 signaling circuits or systems, and circuits of less than 50 
 volts, is 50 cents for each system device or apparatus. 

    (g) The fee for each separate inspection of the bonding for 
 a swimming pool, spa, fountain, an equipotential plane for an 
 agricultural confinement area, or similar installation shall be 
 $20.  Bonding conductors and connections require an inspection 
 before being concealed. 

    (h) The fee for all wiring installed on center pivot 
 irrigation booms is $40. 

    (i) The fee for retrofit modifications to existing lighting 
 fixtures is 25 cents per lighting fixture. 

    Subd. 7.    Investigation fees:  work without a request 
 for electrical inspection.  (a) Whenever any work for which a 
 request for electrical inspection is required by the board has 
 begun without the request for electrical inspection form being 
 filed with the board, a special investigation shall be made 
 before a request for electrical inspection form is accepted by 
 the board. 

    (b) An investigation fee, in addition to the full fee 
 required by subdivisions 1 to 6, shall be paid before an 
 inspection is made.  The investigation fee is two times the 
 hourly rate specified in subdivision 10 or the inspection fee 
 required by subdivisions 1 to 6, whichever is greater, not to 
 exceed $1,000.  The payment of the investigation fee does not 
 exempt any person from compliance with all other provisions of 
 the board rules or statutes nor from any penalty prescribed by 
 law. 

    Subd. 8.    Reinspection fee.  When reinspection is 
 necessary to determine whether unsafe conditions have been 
 corrected and the conditions are not the subject of an appeal 
 pending before the board or any court, a reinspection fee of $20 
 may be assessed in writing by the inspector. 

    Subd. 9.    Supplemental fee.  When inspections 
 scheduled by the installer are preempted, obstructed, prevented, 
 or otherwise not able to be completed as scheduled due to 
 circumstances beyond the control of the inspector, a 
 supplemental inspection fee of $20 may be assessed in writing by 
 the inspector. 

    Subd. 10.    Special inspection.  For inspections not 
 covered in this section, or for requested special inspections or 
 services, the fee shall be $30 per hour, including travel time, 
 plus 31 cents per mile traveled, plus the reasonable cost of 
 equipment or material consumed.  This provision is applicable to 
 inspection of empty conduits and other jobs as may be determined 
 by the board.  This fee may also be assessed when installations 
 are not accessible by roadway and require alternate forms of 
 transportation.  

    Subd. 11.    Inspection of transitory projects.  (a) For 
 inspection of transitory projects including, but not limited to, 
 festivals, fairs, carnivals, circuses, shows, production sites, 
 and portable road construction plants, the inspection procedures 
 and fees are as specified in paragraphs (b) to (i). 

    (b) The fee for inspection of each generator or other 
 source of supply is that specified in subdivision 3.  A like fee 
 is required at each engagement or setup. 

    (c) In addition to the fee for generators or other sources 
 of supply, there must be an inspection of all installed feeders, 
 circuits, and equipment at each engagement or setup at the 
 hourly rate specified in subdivision 10, with a two-hour minimum.

    (d) An owner, operator, or appointed representative of a 
 transitory enterprise including, but not limited to, festivals, 
 fairs, carnivals, circuses, production companies, shows, 
 portable road construction plants, and similar enterprises shall 
 notify the board of its itinerary or schedule and make 
 application for initial inspection a minimum of 14 days before 
 its first engagement or setup.  An owner, operator, or appointed 
 representative of a transitory enterprise who fails to notify 
 the board 14 days before its first engagement or setup may be 
 subject to the investigation fees specified in subdivision 7.  
 The owner, operator, or appointed representative shall request 
 inspection and pay the inspection fee for each subsequent 
 engagement or setup at the time of the initial inspection.  For 
 subsequent engagements or setups not listed on the itinerary or 
 schedule submitted to the board and where the board is not 
 notified at least 48 hours in advance, a charge of $100 may be 
 made in addition to all required fees. 

    (e) Amusement rides, devices, concessions, attractions, or 
 other units must be inspected at their first appearance of the 
 year.  The inspection fee is $20 per unit with a supply of up to 
 60 amperes and $30 per unit with a supply above 60 amperes. 

    (f) An additional fee at the hourly rate specified in 
 subdivision 10 must be charged for additional time spent by each 
 inspector if equipment is not ready or available for inspection 
 at the time and date specified on the application for initial 
 inspection or the request for electrical inspection form. 

    (g) In addition to the fees specified in paragraphs (a) and 
 (b), a fee of two hours at the hourly rate specified in 
 subdivision 10 must be charged for inspections required to be 
 performed on Saturdays, Sundays, holidays, or after regular 
 business hours. 

    (h) The fee for reinspection of corrections or supplemental 
 inspections where an additional trip is necessary may be 
 assessed as specified in subdivision 8. 

    (i) The board may retain the inspection fee when an owner, 
 operator, or appointed representative of a transitory enterprise 
 fails to notify the board at least 48 hours in advance of a 
 scheduled inspection that is canceled. 

    Subd. 12.    Handling fee.  The handling fee to pay the 
 cost of printing and handling of the form requesting an 
 inspection is $1. 

    Subd. 13.    National Electrical Code used for 
 interpretation of provisions.  For purposes of interpretation 
 of this section and Minnesota Rules, chapter 3800, the most 
 recently adopted edition of the National Electrical Code shall 
 be prima facie evidence of the definitions, interpretations, and 
 scope of words and terms used.  

    HIST: 2000 c 488 art 2 s 21 

     326.245 Manufacturing, installation, alteration, or 
  repair of electrical apparatus; exempt. 

    Electrical components, apparatus or appliances being 
 manufactured within the limits of property which is owned or 
 leased by a manufacturer and such manufacturer's production 
 employees shall not be covered by sections 326.241 to 326.248.  
 Installation, alteration, or repair of electrical appliance 
 units, except (a) electrical wiring to the unit, or (b) original 
 wiring in or on the unit installed outside the limits of 
 property which is owned or leased by a manufacturer shall not be 
 covered by this chapter.  For purposes of this section, 
 "electrical appliance units" means all electrical and natural 
 gas appliances that use electricity including, but not limited 
 to, furnaces, water heaters, stoves, clothes washers, dryers, 
 air conditioners, dishwashers, and humidifiers. 

    HIST: 1967 c 602 s 5; 1986 c 373 s 10; 1991 c 289 s 33 

     326.246 Crimes. 

    It is a misdemeanor knowingly and willfully to commit, or 
 to order, instruct, or direct another to commit, any of the 
 following acts: 

    (1) to make a false statement in any license application, 
 request for inspection, certificate or other lawfully authorized 
 or required form or statement provided by sections 326.241 to 
 326.248; 

    (2) to perform electrical work without a proper license for 
 such work unless the work is exempt from licensing; 

    (3) to fail to file a request for inspection when required; 

    (4) to interfere with or refuse entry to an inspector 
 lawfully engaged in the performance of the inspector's duties; 
 and 

    (5) to violate any lawful statute, rule, or order of the 
 board, or any city ordinance which pertains to powers given to 
 political subdivisions under section 326.244, subdivision 4. 

    HIST: 1967 c 602 s 6; 1985 c 73 s 14; 1Sp1985 c 6 s 10; 1986 c 
 373 s 11; 1986 c 444; 1991 c 289 s 34 

     326.2461 Uniform electrical violation citation. 

    Subdivision 1.    Citation authorized.  The board of 
 electricity may issue a citation for violations of sections 
 326.241 to 326.248, rules adopted under those sections, and 
 ordinances of political subdivisions.  The citation must be in a 
 form as provided by subdivision 2. 

    Subd. 2.    Form of citation.  The board of electricity 
 shall pursuant to chapter 14 prescribe the detailed form of an 
 electrical violation citation and shall revise the citation as 
 the board considers necessary and proper to keep the citation in 
 conformity with the board's rules. 

    Subd. 3.    Political subdivision may alter ticket.  A 
 political subdivision that has made provision for inspection of 
 electrical installations within its jurisdiction under section 
 326.244, subdivision 4, may use or alter by deletion or addition 
 the electrical violation citation adopted by the board of 
 electricity under subdivision 2. 

    HIST: 1989 c 126 s 1 

     326.247 Continuity.  

    Persons now members of the board shall remain in office 
 until the expiration of the terms to which they were appointed.  
 Board rules, forms, policies and classifications of special 
 electricians now in effect, and not in conflict herewith, shall 
 continue until lawfully modified or repealed.  

    HIST: 1967 c 602 s 7; 1985 c 248 s 70 

     326.248 Citation. 

    Sections 326.241 to 326.248 shall be known as the Minnesota 
 Electrical Act.  

    HIST: 1967 c 602 s 8; 1986 c 373 s 12 

  326.25 Repealed, 1967 c 602 s 17 

  326.26 Repealed, 1967 c 602 s 17 

  326.261 Repealed, 1967 c 602 s 17 

  326.27 Repealed, 1967 c 602 s 17 

  326.28 Repealed, 1967 c 602 s 17 

  326.29 Repealed, 1967 c 602 s 17 

  326.30 Unnecessary 

  326.31 Repealed, 1967 c 602 s 17 

  326.32 Definitions. 

    Subdivision 1.  As used in sections 326.32 to 326.339, the 
 terms defined in this section have the meanings given them. 

    Subd. 1a.  "Armed employee" means an employee of a private 
 detective or protective agent who at any time in the performance 
 of the employee's duties wears, carries, possesses, or has 
 access to a firearm. 

    Subd. 2.  "Board" means the board of private detective and 
 protective agent services. 

    Subd. 3.  "Board member" means any person appointed as a 
 member of the board of private detective and protective agent 
 services. 

    Subd. 4.  " Chair" means the board member designated by the 
 board to act in the capacity of board chair. 

    Subd. 5.  "Board review" means the process by which the 
 board reviews and evaluates private detective or protective 
 agent license applications. 

    Subd. 6. Repealed, 1987 c 360 s 26 

    Subd. 7. Repealed, 1987 c 360 s 26 

    Subd. 8.  "Applicant" means any individual, partnership or 
 corporation who has made application for a private detective or 
 protective agent license. 

    Subd. 9.  "License" means a private detective license or a 
 protective agent license. 

    Subd. 10.  "License holder" means any individual, 
 partnership or corporation licensed to perform the duties of a 
 private detective or a protective agent. 

    Subd. 10a.  "Minnesota manager" means the member of a 
 partnership or corporation, who meets the qualifications for 
 licensing as provided in sections 326.32 to 326.339.  The 
 Minnesota manager must be actively involved in the day to day 
 management and supervision of the licensed activity in the 
 Minnesota office. 

    Subd. 10b.  "Minnesota office" means an office maintained 
 in Minnesota by a license holder for the conduct or solicitation 
 of business when the principal place of business of the license 
 holder is located outside the state of Minnesota. 

    Subd. 10c.  A "proprietary employer" means an individual, 
 partnership, or corporation that is not engaged in the business 
 of providing protective agents but employs individuals to serve 
 as security guards solely on the employer's property and its 
 curtilage.  

    Subd. 11.  "Public member" means a person who is not, nor 
 ever was, a member of the profession or occupation being 
 licensed, or the spouse of any such person or a person who has 
 not, nor ever has had, a material or financial interest in 
 either the providing of the professional service being licensed 
 or regulated or an activity directly related to the profession 
 being licensed. 

    Subd. 12.  "Qualified representative" means the member of a 
 partnership or corporation, who meets the qualifications for 
 licensing as provided in sections 326.32 to 326.339.  The 
 qualified representative must be actively involved in the day to 
 day management and supervision of the licensed activity. 

    Subd. 13.  (a) "Security guard" means a person who wears or 
 carries any insignia that identifies the person to the public as 
 security, who is paid a fee, wage, or salary to do one or more 
 of the following: 

    (1) prevent or detect intrusion, unauthorized entry or 
 activity, vandalism, or trespass on private property; 

    (2) prevent or detect theft, loss, embezzlement, 
 misappropriation, or concealment of merchandise, money, bonds, 
 stocks, notes, or other valuable documents or papers; 

    (3) control, regulate, or direct the flow or movements of 
 the public, whether by vehicle or otherwise, to assure 
 protection of private property; 

    (4) protect individuals from bodily harm; or 

    (5) enforce policies and rules of the security guard's 
 employer related to crime reduction to the extent that the 
 enforcement falls within the scope of the security guard's 
 duties.  

    (b) The term "security guard" does not include: 

    (1) an auditor, accountant, or accounting clerk performing 
 audits or accounting functions; 

    (2) an employee of a firm licensed under section 326.3381 
 whose duties are primarily administrative or clerical in nature; 

    (3) a person employed by a proprietary company to conduct 
 plainclothes surveillance or investigation; 

    (4) a person temporarily employed under statute or 
 ordinance by political subdivisions to provide protective 
 services at social functions; 

    (5) an employee of an air or rail carrier; 

    (6) a customer service representative or sales clerk 
 employed in a retail establishment; or 

    (7) a person employed to perform primarily maintenance or 
 custodial functions. 

    Subd. 14.  Renumbered subd 1a 

    HIST: 1974 c 310 s 1; 1975 c 271 s 6; 1984 c 649 s 5; 1986 c 
 444; 1987 c 360 s 1-6; 1989 c 171 s 1,2; 1990 c 485 s 1 

  326.33 Board of private detective and protective agent 
  services. 

    Subdivision 1.    Members.  There is hereby created a 
 board of private detective and protective agent services, 
 consisting of the superintendent of the bureau of criminal 
 apprehension or an assistant superintendent designated by the 
 superintendent, and the following members appointed by the 
 commissioner of public safety:  a licensed protective agent, or 
 qualified representative for a licensed protective agent 
 partnership or corporation, a licensed private detective, or 
 qualified representative for a licensed private detective 
 partnership or corporation, and two public members.  Filling of 
 member vacancies shall be the responsibility of the commissioner 
 of public safety.  Membership terms, compensation of members, 
 removal of members, the filling of membership vacancies, and 
 fiscal year and reporting requirements shall be as provided in 
 sections 214.07 to 214.09.  The provision of staff, unless 
 otherwise provided in sections 326.32 to 326.339; administrative 
 services and office space; the review and processing of 
 complaints; the setting of board fees, unless otherwise provided 
 in sections 326.32 to 326.339; and other provisions relating to 
 board operations shall be as provided in chapter 214. 

    Subd. 2.    Meetings; chair.  The board shall meet at 
 the times it considers necessary to conduct business ascribed to 
 the board by the provisions of sections 326.32 to 326.339.  The 
 board shall designate one of its members to fill the position of 
 board chair, and that person may remain in the capacity of chair 
 for a term of one year.  The board has the option of replacing a 
 board member as chair. 

    Subd. 3. Repealed, 1987 c 360 s 26 

    Subd. 4. Repealed, 1987 c 360 s 26 

    Subd. 5. Repealed, 1987 c 360 s 26 

    Subd. 6.    Compensation to board members.  Members of 
 the board of private detective and protective agent services 
 shall receive, in addition to necessary traveling and lodging 
 expenses, a per diem payment as specified in section 214.09, 
 subdivision 3, per day for each day actually engaged in board 
 activities, provided, however, members of the board who are 
 state employees will be governed by state rules regarding travel 
 expense and per diem payments. 

    HIST: 1974 c 310 s 5; 1975 c 136 s 64; 1975 c 271 s 6; 1976 c 
 149 s 54; 1976 c 222 s 170-172; 1980 c 509 s 128; 1982 c 424 s 
 130; 1984 c 531 s 8; 1984 c 649 s 1,5; 1986 c 444; 1987 c 360 s 
 7,8; 2000 c 445 art 1 s 3 

  326.331 Repealed, 1987 c 360 s 26 

     326.3311 Powers and duties. 

    The board has the following powers and duties: 

    (1) to receive and review all applications for private 
 detective and protective agent licenses; 

    (2) to approve applications for private detective and 
 protective agent licenses and issue, or reissue licenses as 
 provided in sections 326.32 to 326.339; 

    (3) to deny applications for private detective and 
 protective agent licenses if the applicants do not meet the 
 requirements of sections 326.32 to 326.339; upon denial of a 
 license application, the board shall notify the applicant of the 
 denial and the facts and circumstances that constitute the 
 denial; the board shall advise the applicant of the right to a 
 contested case hearing under chapter 14; 

    (4) to enforce all laws and rules governing private 
 detectives and protective agents; and 

    (5) to suspend or revoke the license of a license holder or 
 impose a civil penalty on a license holder for violations of any 
 provision of sections 326.32 to 326.339 or the rules of the 
 board. 

    HIST: 1987 c 360 s 9 

  326.332 Repealed, 1987 c 360 s 26 

     326.3321 Employees. 

    Subdivision 1.    Executive director.  The commissioner 
 of public safety shall appoint an executive director to serve in 
 the unclassified service at the pleasure of the commissioner.  
 The executive director shall perform the duties as the board and 
 commissioner shall prescribe. 

    Subd. 2.    Others.  The board may employ and assign 
 duties to other employees or agents as it considers necessary to 
 discharge the functions of the board. 

    HIST: 1987 c 360 s 10; 1997 c 239 art 8 s 24 

  326.333 Repealed, 1987 c 360 s 26 

     326.3331 Rulemaking. 

    The board shall adopt rules under chapter 14 to govern the 
 selection, training, conduct, discipline, and licensing of 
 private detectives and protective agents, and any other matters 
 necessary to carry out duties imposed by sections 326.32 to 
 326.339. 

    HIST: 1987 c 360 s 11 

  326.334 Repealed, 1987 c 360 s 26 

     326.3341 Exemptions. 

    Sections 326.32 to 326.339 do not apply to: 

    (1) an employee while providing security or conducting an 
 investigation of a pending or potential claim against the 
 employee's employer; 

    (2) a peace officer or employee of the United States, this 
 state or one of its political subdivisions, while engaged in the 
 discharge of official duties for the government employer; 

    (3) persons engaged exclusively in obtaining and furnishing 
 information as to the financial standing, rating, and credit 
 responsibility of persons or as to the personal habits and 
 financial responsibility of applicants for insurance, indemnity 
 bonds, or commercial credit; 

    (4) an attorney-at-law while performing the duties of an 
 attorney-at-law or an investigator employed exclusively by an 
 attorney or a law firm engaged in investigating legal matters; 

    (5) a collection agency or finance company licensed to do 
 business under the laws of this state or an employee of one of 
 those companies while acting within the scope of employment when 
 making an investigation incidental to the business of the 
 agency, including an investigation as to location of a debtor, 
 of the debtor's assets or property, provided the client has a 
 financial interest in or a lien upon the assets or property of 
 the debtor; 

    (6) an insurance adjuster employed exclusively by an 
 insurance company, or licensed as an adjuster with the state of 
 Minnesota and engaged in the business of adjusting insurance 
 claims; or 

    (7) persons engaged in responding to alarm signals 
 including, but not limited to, fire alarms, industrial process 
 failure alarms and burglary alarms, for purposes of maintaining, 
 repairing or resetting the alarm, or for opening the premises 
 for law enforcement personnel or responding agents. 

    HIST: 1987 c 360 s 12 

  326.335 Repealed, 1974 c 310 s 12 

     326.336 Employees of license holders. 

    Subdivision 1.    Background check.  A license holder 
 may employ, in connection with the business of private detective 
 or protective agent, as many unlicensed persons as may be 
 necessary; provided that every license holder is at all times 
 accountable for the good conduct of every person employed.  When 
 a license holder hires a person to perform services as a private 
 detective or protective agent, the employer shall submit to the 
 bureau of criminal apprehension a full set of fingerprints of 
 each employee and the written consent of the employee to enable 
 the bureau to determine whether that person has a criminal 
 record.  The employee is a conditional employee until the 
 employer receives a report from the bureau that, based on a 
 check of the criminal records maintained by the bureau, the 
 prospective employee has not been convicted in Minnesota of a 
 felony or any offense listed in section 326.3381, subdivision 3, 
 other than a misdemeanor or gross misdemeanor assault.  During 
 the period of conditional employment, the person may not serve 
 as a private detective or protective agent, but may be trained 
 by the employer.  The bureau shall immediately request the 
 Federal Bureau of Investigation to conduct a check of each 
 conditional employee's criminal record, and the bureau of 
 criminal apprehension shall immediately forward the results to 
 the employer when they are received.  If the bureau report or 
 Federal Bureau of Investigation report indicates that the 
 employee was convicted of a disqualifying offense, the employer 
 shall immediately dismiss the employee.  

    Subd. 2.    Identification card.  An identification card 
 must be issued by the license holder to each employee.  The card 
 must be in the possession of the employee to whom it is issued 
 at all times.  The identification card must contain the license 
 holder's name, logo (if any), address or Minnesota office 
 address, and the employee's photograph and physical 
 description.  The card must be signed by the employee and by the 
 license holder, qualified representative, or Minnesota office 
 manager. 

    Subd. 3.    Failure to return property.  Any person who 
 shall be issued an identification card, badge, holster, weapon, 
 shield, or any other equipment bearing the name, trademark or 
 trade name, or any combination thereof, of any licensed agency, 
 or indicating that such person is a private detective, 
 protective agent, or employee of same, who does not return such 
 badge, weapon, holster, identification card, uniform emblem, or 
 other equipment to the owner thereof within ten days of the 
 termination of employment, or of receiving a written request to 
 return same, made by certified mail to the person's last known 
 address, whichever shall last occur, shall be guilty of a 
 misdemeanor. 

    Subd. 4.    Confidentiality; false statements.  No 
 employee of any license holder shall divulge to anyone other 
 than the employer, or as the employer shall direct, except as 
 may be required by law, any information acquired during such 
 employment in respect of any matter or investigation undertaken 
 or done by such employer.  Any employee who shall make any false 
 statement in an employment statement or who willfully makes a 
 false report to the employer in respect to any matter in the 
 course of the employer's business, or who shall otherwise 
 violate the provisions of this subdivision is guilty of a 
 misdemeanor. 

    HIST: 1945 c 130 s 7; 1959 c 317 s 5; 1969 c 1129 art 1 s 3; 
 1974 c 310 s 7; 1978 c 674 s 60; 1984 c 649 s 5; 1986 c 444; 
 1987 c 360 s 13; 1989 c 171 s 3 

     326.3361 Training. 

    Subdivision 1.    Rules.  The board shall, by rule, 
 prescribe the requirements, duration, contents, and standards 
 for successful completion of certified training programs for 
 license holders, qualified representatives, Minnesota managers, 
 partners, and employees, including: 

    (1) first aid and firearms training required for armed 
 employees, including training in the legal limitations on the 
 justifiable use of force and deadly force as specified in 
 sections 609.06 and 609.065; 

    (2) risks and dangers arising from the use of weapons other 
 than firearms, including, but not limited to, bludgeons, 
 nightsticks, batons, chemical weapons, and electronic 
 incapacitation devices, and restraint or immobilization 
 techniques; 

    (3) training in alternatives to the use of force; 

    (4) standards for weapons and equipment issued to or 
 carried or used by license holders, qualified representatives, 
 Minnesota managers, partners, and employees; 

    (5) preassignment or on-the-job training, or its 
 equivalent, required before applicants may be certified as 
 having completed training; and 

    (6) continuing training for license holders, qualified 
 representatives, Minnesota managers, partners, employees, and 
 armed employees. 

    Subd. 2.    Required contents.  The rules adopted by the 
 board must require: 

    (1) 12 hours of preassignment or on-the-job certified 
 training within the first 21 days of employment, or evidence 
 that the employee has successfully completed equivalent training 
 before the start of employment; 

    (2) certification by the board of completion of certified 
 training for a license holder, qualified representative, 
 Minnesota manager, partner, and employee to carry or use a 
 firearm, a weapon other than a firearm, or an immobilizing or 
 restraint technique; and 

    (3) six hours a year of certified continuing training for 
 all license holders, qualified representatives, Minnesota 
 managers, partners, and employees, and an additional six hours a 
 year for armed individuals, which must include annual 
 certification of the armed individual. 

    An employee may not carry or use a weapon while undergoing 
 on-the-job training under this subdivision. 

    Subd. 3.    Use of weapons; certified training required. 
  The rules must provide that no license holder, qualified 
 representative, Minnesota manager, partner, or employee may 
 carry or use a weapon or immobilizing or restraint technique 
 without having successfully completed certified training as 
 directed by the board.  

    Subd. 4.    Full-time peace officers.  A person licensed 
 as a peace officer by the board of peace officer standards and 
 training meets the training requirements of this section. 

    HIST: 1990 c 485 s 2; 1993 c 168 s 1-3; 2000 c 445 art 1 s 4 

  326.337 Repealed, 1987 c 360 s 26 

     326.338 Persons engaged as private detectives or 
  protective agents. 

    Subdivision 1.    Private detective.  Persons who for a 
 fee, reward, or other consideration, undertake any of the 
 following acts for the purpose of obtaining information for 
 others are considered to be engaged in the business of a private 
 detective: 

    (1) investigating crimes or wrongs done or threatened 
 against the government of the United States or of any state, 
 county, or municipal subdivision thereof; 

    (2) investigating the identity, habits, conduct, movements, 
 whereabouts, transactions, reputation, or character of any 
 person or organization; 

    (3) investigating the credibility of witnesses or other 
 persons; 

    (4) investigating the location or recovery of lost or 
 stolen property; 

    (5) investigating the origin of and responsibility for 
 libels, losses, accidents, or damage or injuries to persons or 
 property; 

    (6) investigating the affiliation, connection, or 
 relationship of any person, firm, or corporation with any 
 organization, society, or association, or with any official, 
 representative, or member thereof; 

    (7) investigating the conduct, honesty, efficiency, 
 loyalty, or activities of employees, persons seeking employment, 
 agents, or contractors and subcontractors; 

    (8) obtaining through investigation evidence to be used 
 before any authorized investigating committee, board of award, 
 board of arbitration, administrative body, or officer or in 
 preparation for trial of civil or criminal cases; or 

    (9) investigating the identity or apprehension of persons 
 suspected of crimes or misdemeanors.  

    Subd. 2. Repealed, 1987 c 360 s 26 

    Subd. 3. Repealed, 1987 c 360 s 26 

    Subd. 4.    Protective agent.  A person who for a fee, 
 reward, or other valuable consideration undertakes any of the 
 following acts is considered to be engaged in the business of 
 protective agent: 

    (1) providing guards, private patrol, or other security 
 personnel to protect persons or their property or to prevent the 
 theft, unlawful taking of goods, merchandise, or money, or to 
 prevent the misappropriation or concealment of goods, 
 merchandise, money, or other valuable things, or to procure the 
 return of those things; 

    (2) physically responding to any alarm signal device, 
 burglar alarm, television camera, still camera, or a mechanical 
 or electronic device installed or used to prevent or detect 
 burglary, theft, shoplifting, pilferage, losses, or other 
 security measures; 

    (3) providing armored car services for the protection of 
 persons or property; 

    (4) controlling motor traffic on public streets, roads, and 
 highways for the purpose of escorting a funeral procession and 
 oversized loads; or 

    (5) providing management and control of crowds for the 
 purpose of safety and protection. 

    A person covered by this subdivision may perform the 
 traffic control duties in clause (4) in place of a police 
 officer when a special permit is required, provided that the 
 protective agent is first-aid qualified. 

    HIST: 1945 c 130 s 9; 1959 c 317 s 7; 1974 c 310 s 9; 1986 c 
 444; 1987 c 360 s 14,15; 1996 c 387 s 6 

     326.3381 Licenses. 

    Subdivision 1.    Prohibition.  No person shall engage 
 in the business of private detective or protective agent, or 
 advertise or indicate in any verbal statement or in written 
 material that the person is so engaged or available to supply 
 those services, without having first obtained a license as 
 provided in sections 326.32 to 326.339. 

    Subd. 1a.    Proprietary employers.  A proprietary 
 employer is not required to obtain a license, but must comply 
 with section 326.336, subdivision 1, with respect to the hiring 
 of security guards.  

    Subd. 2.    Application procedure.  The board shall 
 issue a license upon application to any person qualified under 
 sections 326.32 to 326.339 and under the rules of the board to 
 engage in the business of private detective or protective 
 agent.  The license shall remain effective for two years as long 
 as the license holder complies with sections 326.32 to 326.339, 
 the laws of Minnesota, and the rules of the board.  Upon receipt 
 of an application for private detective or protective agent 
 license, the board shall: 

    (1) post notice of the application in its office for a 
 period of 20 days, and notify all persons who have requested 
 notification of applications; 

    (2) conduct an investigation as it considers necessary to 
 determine the qualifications of the applicant, qualified 
 representative, Minnesota manager, and if appropriate, a partner 
 or corporate officer; and 

    (3) notify the applicant of the date on which the board 
 will conduct a review of the license application.  

    Subd. 3.    Disqualification.  No person is qualified to 
 hold a license who has: 

    (1) been convicted of (i) a felony by the courts of this or 
 any other state or of the United States; (ii) acts which, if 
 done in Minnesota, would be criminal sexual conduct; assault; 
 theft; larceny; burglary; robbery; unlawful entry; extortion; 
 defamation; buying or receiving stolen property; using, 
 possessing, manufacturing, or carrying weapons unlawfully; 
 using, possessing, or carrying burglary tools unlawfully; 
 escape; possession, production, sale, or distribution of 
 narcotics unlawfully; or (iii) in any other country of acts 
 which, if done in Minnesota, would be a felony or would be any 
 of the other offenses provided in this clause and for which a 
 full pardon or similar relief has not been granted; 

    (2) made any false statement in an application for a 
 license or any document required to be submitted to the board; 
 or 

    (3) failed to demonstrate to the board good character, 
 honesty, and integrity. 

    Subd. 4.    Business entity applicant.  If the applicant 
 for a license is a corporation or partnership, one member of 
 that corporation or partnership must meet the licensing 
 requirements in sections 326.32 to 326.339. 

    Subd. 5.    Nonresident applicant.  If an applicant's 
 home office is located outside of Minnesota, and the applicant 
 establishes a Minnesota office, the applicant shall provide a 
 manager for the Minnesota office who meets the licensing 
 requirements in sections 326.32 to 326.339.  

    HIST: 1987 c 360 s 16; 1989 c 171 s 4,5 

     326.3382 Application for license. 

    Subdivision 1.    Application form.  (a) Application for 
 a private detective or protective agent license shall be made on 
 a form prescribed by the board.  Each applicant shall provide 
 the following information: 

    (1) the full name, date of birth, and sex of each person 
 signing the application, and the residences of those persons for 
 the past five years; 

    (2) all past and present occupations and employers, length 
 of employment, and the name, address, and telephone numbers of 
 supervisors for all persons signing the application; 

    (3) the address or a description indicating the location of 
 the place of business of the applicant; 

    (4) a statement indicating that each person signing the 
 application has attained the age of 18; 

    (5) if the applicant is a corporation, the name of the 
 corporation, the date and place of incorporation, and the 
 location of its principal place of business or registered office 
 in its state of incorporation; and 

    (6) further facts as may be required by the board to show 
 the good character, competency, and integrity of each person 
 signing the application; and 

    (b) each application shall be signed and acknowledged as 
 follows: 

    (1) if the applicant is an individual, by the individual; 

    (2) if the applicant is a partnership, by each partner, one 
 of whom must be a qualified representative; or 

    (3) if the applicant is a corporation, by the chief 
 executive officer, chief financial officer, and the qualified 
 representative of the corporation.  If the principal place of 
 the applicant's business is outside Minnesota, the application 
 shall also include the signature of the Minnesota manager. 

    Subd. 2.    Documents accompanying application.  (a) 
 Each individual signing the application shall submit: 

    (1) references, on forms provided by the board, from five 
 persons who have known the signer for at least five years, and 
 who are not related by blood or marriage to the signer; and 

    (2) a recent photograph and a full set of fingerprints for 
 each person signing the application. 

    (b) If the application is for a private detective license, 
 the individual signing the application shall submit a statement 
 under oath by a present or previous employer that the applicant 
 for an individual license, the qualified representative for a 
 partnership or corporate license, or the Minnesota manager, as 
 appropriate, has been employed as an investigator for a minimum 
 of 6,000 hours by any of the following: 

    (1) a licensed private detective agency; 

    (2) a United States government investigative service; 

    (3) a city police department or sheriff's office; or 

    (4) an occupation that, the board finds equivalent in 
 scope, responsibility, and training to one of the specific 
 occupations listed; 

 and has the qualifications established in the rules of the board.

    (c) If the application is for a protective agent license, 
 each person signing the application shall submit a statement 
 under oath by a present or previous employer that the applicant 
 for an individual license, the qualified representative for a 
 partnership or corporate license, or the Minnesota manager has 
 been employed as an investigator or protective agent for a 
 minimum of 6,000 hours by any of the following: 

    (1) a licensed protective agent or licensed private 
 detective, having gained experience in security systems, audits, 
 and supervision; 

    (2) a United States government investigative service; 

    (3) a city police department or sheriff's office; or 

    (4) an occupation that the board finds equivalent in scope, 
 responsibility, and training to one of the specific occupations 
 listed; 

 and has the qualifications established in the rules of the board.

    Subd. 3.    Proof of insurance.  (a) No license may be 
 issued to a private detective or protective agent applicant 
 until the applicant has complied with the requirements in this 
 subdivision. 

    (b) The applicant shall execute a surety bond to the state 
 of Minnesota in the penal sum of $10,000 and file it with the 
 board.  The surety bond must be executed by a company authorized 
 to do business in the state of Minnesota, must name the 
 applicant as principal, and must state that the applicant and 
 each of the applicant's employees shall faithfully observe all 
 of the laws of Minnesota and of the United States and shall pay 
 all damages suffered by any person by reason of a violation of 
 law by the applicant or by the commission of any willful and 
 malicious wrong by the applicant in the course of business. 

    (c) The applicant shall furnish proof, acceptable to the 
 board, of the applicant's ability to respond in damages for 
 liability on account of accidents or wrongdoings arising out of 
 the ownership and operation of a private detective or protective 
 agent business.  Compliance with paragraph (d), (e), or (f) is 
 satisfactory proof of financial responsibility for purposes of 
 this paragraph. 

    (d) The applicant may file with the board a certificate of 
 insurance demonstrating coverage for general liability, 
 completed operations, and personal injury.  Personal injury 
 insurance must include coverage for:  

    (1) false arrest, detention, imprisonment, and malicious 
 prosecution; 

    (2) libel, slander, defamation, and violation of rights of 
 privacy; and 

    (3) wrongful entry, eviction, and other invasion of rights 
 of private occupancy.  

    The certificate must provide that the insurance may not be 
 modified or canceled unless 30 days prior notice is given to the 
 board. 

    (e) The applicant may file with the board an annual net 
 worth statement, signed by a licensed certified public 
 accountant, evidencing that the applicant has a net worth of at 
 least the following: 

    (1) for an applicant with no employees, $10,000; 

    (2) for an applicant with one to ten employees, $15,000; 

    (3) for an applicant with 11 to 25 employees, $25,000; 

    (4) for an applicant with 26 to 50 employees, $50,000; or 

    (5) for an applicant with 51 or more employees, $100,000. 

    Data indicating with which of the above requirements an 
 applicant must comply is public data.  The contents of the net 
 worth statement are private data on individuals or nonpublic 
 data, as defined in section 13.02. 

    (f) The applicant may file with the board an irrevocable 
 letter of credit from a financial institution acceptable to the 
 board in the amount listed in the appropriate category in 
 paragraph (e). 

    Subd. 4.    License disqualification.  Unlicensed 
 activity will not be considered as legitimate experience for 
 qualification in being licensed.  An individual, partnership, 
 corporation, qualified representative, or Minnesota manager 
 engaged in the business of a private detective or protective 
 agent without a license issued by the board is prohibited from 
 applying for licensing for a period of one year from the date of 
 a finding of the violation. 

    HIST: 1987 c 360 s 17 

     326.3383 License reissuance. 

    Subdivision 1.    Requirements.  The board shall reissue 
 a private detective or protective agent license to a license 
 holder without further board review, if the license holder who 
 has complied with all applicable laws and rules: 

    (1) submits to the board an application for license 
 reissuance on a form prescribed by the board; 

    (2) submits to the board a list of all current employees; 
 and 

    (3) remits the expired license to the board. 

    Subd. 2.    Appearance.  Nothing in this section shall 
 preclude the board from requiring the appearance of the license 
 holder at a board meeting prior to the reissuance of the license.

    Subd. 3.    Bond and proof of financial responsibility.  
 Each applicant for license reissuance shall maintain a $10,000 
 surety bond, and show proof of financial responsibility as 
 required in section 326.3382, subdivision 3. 

    HIST: 1987 c 360 s 18 

     326.3384 Prohibited acts. 

    Subdivision 1.    Prohibition.  No license holder or 
 employee of a license holder shall, in a manner that implies 
 that the person is an employee or agent of a governmental 
 agency, display on a badge, identification card, emblem, 
 vehicle, uniform, stationery, or in advertising for private 
 detective or protective agent services: 

    (1) the words "police," "constable," "highway patrol," 
 "sheriff," "trooper," or "law enforcement"; or 

    (2) the name of a municipality, county, state, or of the 
 United States, or any governmental subdivision thereof. 

    Subd. 1a.    Labor disputes.  No license holder, in the 
 course of providing protective agent services, may provide armed 
 protective personnel to labor disputes or strike locations.  
 This subdivision does not apply to the use of armed security 
 personnel services utilized in the usual course of business for 
 the protection of persons, property, and payroll. 

    Subd. 1b.    Acts prohibited during labor disputes, 
 strikes, and lockouts.  (a) This subdivision applies to (1) a 
 license holder or an employee of a license holder who is 
 primarily performing the duties of a protective agent; or (2) a 
 security guard who is primarily performing the duties of a 
 security guard. 

    (b) A person described in paragraph (a) is prohibited from 
 doing any of the activities described in clauses (1) to (5) 
 during a labor dispute, strike, or lockout as defined in section 
 179.01, subdivisions 7, 8, and 9: 

    (1) inciting, encouraging, or aiding in the incitement or 
 encouragement of any participant to do unlawful acts against the 
 person or property of anyone; 

    (2) photographing a participant when neither that person 
 nor the photographer is on the premises being protected by the 
 persons described in paragraph (a); 

    (3) stopping or detaining any vehicle unless the vehicle is 
 on premises being protected by the persons described in 
 paragraph (a); 

    (4) conducting surveillance of participants, when neither 
 the participant nor the person conducting the surveillance is on 
 the premises being protected by the person described in 
 paragraph (a), or of their businesses, or homes; or 

    (5) any other activities that are outside of the scope of 
 the duties described in sections 326.32, subdivision 13, and 
 326.338, subdivision 4, and have the purpose of intimidating or 
 provoking a participant. 

    Subd. 2.    Penalty.  (a) A person violating this 
 section is guilty of a gross misdemeanor.  

    (b) The board shall suspend the license of a license holder 
 for the periods described in paragraph (c) if the license holder 
 or an employee of the license holder is convicted of a violation 
 of subdivision 1b.  The board shall prohibit an employee of a 
 license holder from working for any license holder for the 
 periods described in paragraph (c) if the employee is convicted 
 of a violation of subdivision 1b. 

    (c) The periods described in paragraph (b) are as follows: 

    (1) 60 days for the first violation; 

    (2) six months for the second violation; and 

    (3) one year for the third violation. 

    HIST: 1987 c 360 s 19; 1989 c 171 s 6,7; 1990 c 485 s 3,4 

     326.3385 Conditions of licensing. 

    Subdivision 1.    Notice of address change.  A license 
 holder who moves to an address other than that given on the 
 license certificate shall give written notice to the board 
 within seven days of the move.  The notice shall give the new 
 address or location, the date the move was made, and be 
 accompanied by the license, at which time a new license will be 
 made showing the new address or location. 

    Subd. 2.    Notice of successor.  A corporate or 
 partnership license holder shall, within seven days of the 
 death, resignation, or removal of a person signing the license 
 application, give written notice to the board of the change and 
 the name and address of the successor in the vacated position. 

    Within seven days of the death, resignation, or removal of 
 a person signing the license application for a partnership or 
 corporate license holder, the successor qualified 
 representative, partner, Minnesota manager, chief executive 
 officer, or chief financial officer who shall qualify under the 
 same procedure and criteria, and submit the documents required, 
 as for an original application. 

    Subd. 3.    Surrender of license.  Every license issued 
 to a license holder shall be surrendered to the board within 
 seven days after its expiration, or upon notice to a license 
 holder that a license has been revoked or suspended.  If the 
 license cannot be returned, a notarized statement indicating the 
 circumstances shall be submitted to the board. 

    Subd. 4.    Penalty.  Failure to comply with the 
 provisions of subdivision 1, 2, or 3 may result in the 
 revocation or suspension of the license, or the imposition of an 
 administrative penalty. 

    HIST: 1987 c 360 s 20 

     326.3386 Fees. 

    Subdivision 1.    Application fee.  Each applicant for a 
 private detective or protective agent license shall pay to the 
 board a nonrefundable application fee, as determined by the 
 board. 

    Subd. 2.    License fee.  Each applicant for a private 
 detective or protective agent license shall pay to the board a 
 license fee, as determined by the board.  In the event that an 
 applicant is denied licensing by the board, one-half of the 
 license fee shall be refunded to the applicant. 

    Subd. 3.    Designation fee.  When a licensed private 
 detective or protective agent who is a partnership or 
 corporation, desires to designate a new qualified representative 
 or Minnesota manager, a fee equal to one-half of the license fee 
 shall be submitted to the board. 

    Subd. 4.    Status fee.  At the time a licensed private 
 detective or protective agent wishes to change a license status, 
 as in the case of an individual license holder establishing a 
 corporation, the difference between the individual license fee 
 and the corporate license fee shall be paid to the board. 

    Subd. 5.    Reissuance fee.  License holders seeking 
 license reissuance shall pay to the board a license reissuance 
 fee as determined by the board. 

    Subd. 6.    Business or division fee.  If a private 
 detective or protective agent license holder wishes to add 
 additional business names or corporate division names to an 
 existing license, the license holder shall be required to pay a 
 fee as determined by the board. 

    Subd. 6a.    Training course certification fee.  An 
 applicant for training course certification, as specified in 
 section 326.3361, shall pay to the board a course certification 
 fee determined by the board. 

    Subd. 6b.    Training course recertification fee.  An 
 applicant for training course recertification shall pay to the 
 board a course recertification fee determined by the board. 

    Subd. 7.    Rules.  All fees authorized by this section 
 shall be established by rule by the board.  All fees paid to the 
 board shall be paid to the general fund.  The cost of 
 administering sections 326.32 to 326.339, shall be paid from 
 appropriations made to the board. 

    HIST: 1987 c 360 s 21; 1997 c 239 art 8 s 25-27 

     326.3387 Disciplinary action. 

    Subdivision 1.    Basis for action.  The board may 
 revoke or suspend or refuse to issue or reissue a private 
 detective or protective agent license if: 

    (a) the license holder violates a provision of sections 
 326.32 to 326.339 or a rule adopted under those sections; 

    (b) the license holder has engaged in fraud, deceit, or 
 misrepresentation while in the business of private detective or 
 protective agent; 

    (c) the license holder has made a false statement in an 
 application submitted to the board or in a document required to 
 be submitted to the board; or 

    (d) the license holder violates an order of the board. 

    Subd. 2.    Hearing required.  The board may impose the 
 following penalties only after a contested case hearing under 
 chapter 14: 

    (a) revoke or suspend a private detective or protective 
 agent license; or 

    (b) impose an administrative penalty in excess of $500. 

    HIST: 1987 c 360 s 22 

     326.3388 Administrative penalties. 

    The board shall, by rule, establish a graduated schedule of 
 administrative penalties for violations of sections 326.32 to 
 326.339 or the board's rules.  The schedule must include minimum 
 and maximum penalties for each violation and be based on and 
 reflect the culpability, frequency, and severity of the 
 violator's actions.  The board may impose a penalty from the 
 schedule on a license holder for a violation of sections 326.32 
 to 326.339 or the rules of the board.  The penalty is in 
 addition to any criminal penalty imposed for the same 
 violation.  Administrative penalties imposed by the board must 
 be paid to the general fund. 

    HIST: 1987 c 360 s 23 

     326.3389 Licenses nontransferable. 

    A license issued under sections 326.32 to 326.339 may not 
 be transferred. 

    HIST: 1987 c 360 s 24 

     326.339 Violations; penalty. 

    Unless otherwise specifically provided any violation of any 
 provision or requirement of sections 326.32 to 326.339 is a 
 gross misdemeanor.  

    HIST: 1945 c 130 s 10; 1974 c 310 s 10; 1987 c 360 s 25 

  326.34-326.36 Repealed, 1945 c 130 s 1 

     326.37 Rules; capacity standards; license exemption. 

    Subdivision 1.    Rules.  The state commissioner of 
 health may, by rule, prescribe minimum standards which shall be 
 uniform, and which standards shall thereafter be effective for 
 all new plumbing installations, including additions, extensions, 
 alterations, and replacements connected with any water or sewage 
 disposal system owned or operated by or for any municipality, 
 institution, factory, office building, hotel, apartment 
 building, or any other place of business regardless of location 
 or the population of the city or town in which located.  
 Notwithstanding the provisions of Minnesota Rules, part 
 4715.3130, as they apply to review of plans and specifications, 
 the commissioner may allow plumbing construction, alteration, or 
 extension to proceed without approval of the plans or 
 specifications by the commissioner. 

    The commissioner shall administer the provisions of 
 sections 326.37 to 326.45 and for such purposes may employ 
 plumbing inspectors and other assistants. 

    Subd. 2.    Standards for capacity.  By January 1, 1993, 
 all new floor-mounted water closets in areas under jurisdiction 
 of the State Plumbing Code may not have a flush volume of more 
 than 1.6 gallons.  The water closets must meet the standards of 
 the commissioner and the American National Standards Institute. 

    Subd. 3.    Exemption.  No license authorized by this 
 section shall be required of any contractor or employee engaged 
 in the work or business of pipe laying outside of buildings if 
 such person is engaged in a business or trade which has 
 traditionally performed such work within the state prior to 
 January 1, 1994. 

    HIST: (5887-19) 1933 c 349 s 1; 1937 c 370 s 1; 1973 c 123 art 
 5 s 7; 1975 c 136 s 66; 1977 c 305 s 45; 1990 c 597 s 57; 1993 c 
 206 s 20; 1996 c 439 art 4 s 1; 1997 c 203 art 2 s 28 

     326.371 Ban on lead in plumbing. 

    Lead pipe, solders and flux containing more than 0.2 
 percent lead, and pipes and pipe fittings containing more than 
 eight percent lead shall not be used in any plumbing 
 installation which conveys a potable water supply.  A Minnesota 
 seller of lead solder, except for a seller whose primary 
 business is contracting in plumbing, heating, and air 
 conditioning, shall not sell any solder containing 0.2 percent 
 lead unless the seller displays a sign which states, 

                          "Contains Lead 

    Minnesota law prohibits the use of this solder in any 

    plumbing installation which is connected to a potable water 

    supply." 

    HIST: 1985 c 279 s 2; 1988 c 689 art 2 s 232 

     326.38 Local regulations. 

    Any city having a system of waterworks or sewerage, or any 
 town in which reside over 5,000 people exclusive of any 
 statutory cities located therein, may, by ordinance, adopt local 
 regulations providing for plumbing permits, bonds, approval of 
 plans, and inspections of plumbing, which regulations are not in 
 conflict with the plumbing standards on the same subject 
 prescribed by the state commissioner of health.  No city or such 
 town shall prohibit plumbers licensed by the state commissioner 
 of health from engaging in or working at the business, except 
 cities and statutory cities which, prior to April 21, 1933, by 
 ordinance required the licensing of plumbers.  Any city by 
 ordinance may prescribe regulations, reasonable standards, and 
 inspections and grant permits to any person, firm, or 
 corporation engaged in the business of installing water 
 softeners, who is not licensed as a master plumber or journeyman 
 plumber by the state commissioner of health, to connect water 
 softening and water filtering equipment to private residence 
 water distribution systems, where provision has been previously 
 made therefor and openings left for that purpose or by use of 
 cold water connections to a domestic water heater; where it is 
 not necessary to rearrange, make any extension or alteration of, 
 or addition to any pipe, fixture or plumbing connected with the 
 water system except to connect the water softener, and provided 
 the connections so made comply with minimum standards prescribed 
 by the state commissioner of health. 

    HIST: (5887-20) 1933 c 349 s 2; 1937 c 370 s 2; 1941 c 367 s 
 1; 1953 c 166 s 1; 1957 c 921 s 1; 1973 c 123 art 5 s 7; 1977 c 
 305 s 45 

     326.39 Violations to be reported to state commissioner 
  of health. 

    Such local authority as may be designated by any such 
 ordinance for the issuance of such plumbing permits and approval 
 of such plans shall report to the state commissioner of health 
 persistent or willful violation of the same and any incompetence 
 of a licensed plumber observed by the local authority. 

    HIST: (5887-21) 1933 c 349 s 3; 1977 c 305 s 45 

     326.40 Licensing, bond and insurance. 

    Subdivision 1.    Plumbers must be licensed in certain 
 cities; master and journeyman plumbers; plumbing on one's own 
 premises; rules for examination.  In any city now or hereafter 
 having 5,000 or more population, according to the last federal 
 census, and having a system of waterworks or sewerage, no 
 person, firm, or corporation shall engage in or work at the 
 business of a master plumber or journeyman plumber unless 
 licensed to do so by the state commissioner of health.  A master 
 plumber may also work as a journeyman plumber.  Anyone not so 
 licensed may do plumbing work which complies with the provisions 
 of the minimum standard prescribed by the state commissioner of 
 health on premises or that part of premises owned and actually 
 occupied by the worker as a residence, unless otherwise 
 forbidden to do so by a local ordinance. 

    In any such city no person, firm, or corporation shall 
 engage in the business of installing plumbing nor install 
 plumbing in connection with the dealing in and selling of 
 plumbing material and supplies unless at all times a licensed 
 master plumber, who shall be responsible for proper 
 installation, is in charge of the plumbing work of the person, 
 firm, or corporation. 

    The department of health shall prescribe rules, not 
 inconsistent herewith, for the examination and licensing of 
 plumbers. 

    Subd. 2.    Bond; insurance.  Any person contracting to 
 do plumbing work must give bond to the state in the amount of 
 $25,000 for all work entered into within the state.  The bond 
 shall be for the benefit of persons injured or suffering 
 financial loss by reason of failure to comply with the 
 requirements of the Plumbing Code.  A bond given to the state 
 shall be filed with the secretary of state and shall be in lieu 
 of all other bonds to any political subdivision required for 
 plumbing work.  The bond shall be written by a corporate surety 
 licensed to do business in the state. 

    In addition, each applicant for a master plumber license or 
 renewal thereof, may provide evidence of public liability 
 insurance, including products liability insurance with limits of 
 at least $50,000 per person and $100,000 per occurrence and 
 property damage insurance with limits of at least $10,000.  The 
 insurance shall be written by an insurer licensed to do business 
 in the state of Minnesota and each licensed master plumber shall 
 maintain on file with the state commissioner of health a 
 certificate evidencing the insurance providing that the 
 insurance shall not be canceled without the insurer first giving 
 15 days written notice to the commissioner.  The term of the 
 insurance shall be concurrent with the term of the license.  The 
 certificate shall be in lieu of all other certificates required 
 by any political subdivision for licensing purposes. 

    Subd. 3.    Bond and insurance exemption.  A master 
 plumber who is an employee of a master plumber or who is an 
 employee engaged within the limits of property owned, leased and 
 operated, or maintained by the employer, in the maintenance and 
 repair of plumbing equipment, apparatus, or facilities owned or 
 leased by the employer, shall not be required to meet the bond 
 and insurance requirements of subdivision 2. 

    Subd. 4.    Alternative compliance.  Compliance with the 
 local bond requirements of a locale within which work is to be 
 performed shall be deemed to satisfy the bond and insurance 
 requirements of subdivision 2, provided the local ordinance 
 requires at least a $25,000 bond. 

    Subd. 5.    Fee.  The state commissioner of health may 
 charge each person giving bond an annual bond filing fee 
 commensurate with the cost of administering the bond and 
 insurance requirements of subdivision 2. 

    HIST: (5887-22) 1933 c 349 s 4; 1937 c 370 s 3; 1941 c 367 s 
 2; 1973 c 123 art 5 s 7; 1977 c 305 s 45; 1978 c 604 s 1; 1980 c 
 487 s 10; 1986 c 444; 1999 c 245 art 2 s 39-41 

     326.401 Plumber's apprentices. 

    Subdivision 1.    Registration.  A plumber's apprentice 
 must be registered with the commissioner of health on a 
 registration application form supplied by the commissioner 
 showing the date of beginning training, age, schooling, previous 
 experience, employer, and other information required by the 
 commissioner. 

    Subd. 2.    Journeyman exam.  A plumber's apprentice who 
 has completed four years of practical plumbing experience is 
 eligible to take the journeyman plumbing examination.  Up to 24 
 months of practical plumbing experience prior to registration as 
 an apprentice may be applied to the four-year experience 
 requirement.  However, none of this practical plumbing 
 experience may be applied if the person did not have any 
 practical plumbing experience in the 12-month period immediately 
 prior to registration.  The commissioner may adopt rules to 
 evaluate whether the person's past practical plumbing experience 
 is applicable in preparing for the journeyman's examination.  If 
 two years after completing the training the person has not taken 
 the examination, the four years of experience shall be forfeited.

    The commissioner may allow an extension of the two-year 
 period for taking the exam for cases of hardship or other 
 appropriate circumstances. 

    Subd. 3.    Fees.  The department of health may assess 
 fees to pay for the administration of the apprentice 
 registration program. 

    HIST: 1986 c 402 s 2; 1986 c 444 

     326.405 Reciprocity with other states. 

    The commissioner of health may license without examination, 
 upon payment of the required fee, nonresident applicants who are 
 licensed under the laws of a state having standards for 
 licensing plumbers which the commissioner determines are 
 substantially equivalent to the standards of this state if the 
 other state grants similar privileges to Minnesota residents 
 duly licensed in this state. 

    HIST: 1977 c 19 s 1; 1992 c 464 art 1 s 35 

     326.41 Advisory council. 

    The state commissioner of health shall appoint nine persons 
 to the advisory council on plumbing code and examinations, two 
 of whom shall be master plumbers, one who represents greater 
 Minnesota and one who represents the metropolitan area, and two 
 journeyman plumbers, one who represents greater Minnesota and 
 one who represents the metropolitan area.  The council shall 
 expire and the terms, compensation and removal of members of the 
 council shall be as provided in section 15.059. 

    HIST: (5887-24) 1933 c 349 s 6; 1976 c 149 s 55; 1977 c 305 s 
 45; 1983 c 260 s 59; 1993 c 132 s 6; 1995 c 246 s 1 

     326.42 Applications, fees. 

    Applications for plumber's license shall be made to the 
 state commissioner of health, with fee.  Unless the applicant is 
 entitled to a renewal, the applicant shall be licensed by the 
 state commissioner of health only after passing a satisfactory 
 examination by the examiners showing fitness.  Examination fees 
 for both journeyman and master plumbers shall be in an amount 
 prescribed by the state commissioner of health pursuant to 
 section 144.122.  Upon being notified that of having 
 successfully passed the examination for original license the 
 applicant shall submit an application, with the license fee 
 herein provided.  License fees shall be in an amount prescribed 
 by the state commissioner of health pursuant to section 
 144.122.  Licenses shall expire and be renewed as prescribed by 
 the commissioner pursuant to section 144.122. 

    HIST: (5887-25) 1933 c 349 s 7; 1937 c 370 s 5; 1941 c 367 s 
 3; 1959 c 78 s 1; 1974 c 205 s 1; 1974 c 471 s 15; 1975 c 310 s 
 31; 1976 c 2 s 169; 1977 c 305 s 45; 1986 c 444 

  326.43 Repealed, 1993 c 206 s 25 

     326.44 Fees paid to state government special revenue 
  fund. 

    All fees received under sections 326.37 to 326.45 shall be 
 deposited by the state commissioner of health to the credit of 
 the state government special revenue fund in the state 
 treasury.  The salaries of the necessary employees of the 
 commissioner and the per diem of the inspectors and examiners 
 hereinbefore provided, their expenses and all incidental 
 expenses of the commissioner in carrying out the provisions of 
 sections 326.37 to 326.45, shall be paid, from the 
 appropriations made to the state commissioner of health, but no 
 expense or claim shall be incurred or paid in excess of the 
 amount received from the fees herein provided. 

    HIST: (5887-28) 1933 c 349 s 10; 1975 c 204 s 82; 1977 c 305 s 
 45; 1Sp1993 c 1 art 9 s 72 

     326.45 State license; examination; application.  

    The provisions of sections 326.37 to 326.45 which require 
 state licenses to engage in the work or business of plumbing, 
 and the provisions which provide for the examination of 
 applicants for such licenses, shall only apply in cities having 
 a population of 5,000 or more.  

    HIST: (5887-29) 1933 c 349 s 11; 1937 c 370 s 7; 1973 c 123 
 art 5 s 7 

     326.46 Department of labor and industry to supervise 
  high pressure piping. 

    The department of labor and industry shall supervise all 
 high pressure piping used on all projects in this state, and may 
 prescribe minimum standards which shall be uniform.  

    The department shall employ inspectors and other assistants 
 to carry out the provisions of sections 326.46 to 326.52.  

    HIST: (5887-30a) 1937 c 367 s 2; Ex1967 c 1 s 6; 1984 c 481 s 
 1 

     326.461 Definitions. 

    Subdivision 1.    Scope.  For the purpose of sections 
 326.46 to 326.521, the following terms have the meanings given 
 them.  

    Subd. 2.    High pressure piping.  "High pressure piping"
 means all high pressure piping used in the installation of hot 
 water or steam heating boilers, any systems of piping hot water 
 or other medium used for heating that exceed 30 p.s.i. gauge and 
 250 degrees Fahrenheit, or any system of high pressure steam or 
 ammonia piping, but shall not include any high pressure piping 
 under the direct jurisdiction of the United States. 

    Subd. 3.    Municipality.  "Municipality" means a 
 statutory or home rule charter city.  

    HIST: 1984 c 481 s 2; 1987 c 132 s 1; 1989 c 22 s 1; 1994 c 
 465 art 1 s 42 

     326.47 Application, permit, filing, and inspection fees. 

    Subdivision 1.    Required permit.  No person, firm, or 
 corporation shall construct or install high pressure piping 
 systems without first filing an application for a permit with 
 the department of labor and industry or a municipality that has 
 complied with subdivision 2.  Projects under construction prior 
 to August 1, 1984, are not required to obtain a permit.  

    Subd. 2.    Permissive municipal regulation.  A 
 municipality may, by ordinance, provide for the inspection of 
 high pressure piping system materials and construction, and 
 provide that it shall not be constructed or installed except in 
 accordance with minimum state standards.  The authority 
 designated by the ordinance for issuing high pressure piping 
 permits and assuring compliance with state standards must report 
 to the department of labor and industry all violations of state 
 high pressure piping standards. 

    A municipality may not adopt an ordinance with high 
 pressure piping standards that does not conform to the uniform 
 standards prescribed by the department of labor and industry. 
 The department of labor and industry shall specify by rule the 
 minimum qualifications for municipal inspectors.  

    Subd. 3. Repealed, 1995 c 123 s 9 

    Subd. 4. Repealed, 1995 c 123 s 9 

    Subd. 5.    Reporting of permits issued.  Each 
 municipality must submit to the department of labor and industry 
 a copy of each permit issued within ten days after issuance.  

    All permits must be issued on forms prescribed by or 
 approved by the department of labor and industry.  

    Subd. 6.    Filing and inspection fees.  The department 
 of labor and industry must charge a filing fee set by the 
 commissioner under section 16A.1285 for all applications for 
 permits to construct or install high pressure piping systems. 
 The fee for inspection of high pressure piping system 
 construction or installation shall be set by the commissioner 
 under section 16A.1285.  This subdivision does not apply where a 
 permit is issued by a municipality complying with subdivision 2. 

    HIST: (5887-30b, 5887-30c) 1937 c 367 s 3,4; Ex1967 c 1 s 6; 
 1973 c 123 art 5 s 7; 1984 c 481 s 3; 1987 c 132 s 2; 1989 c 335 
 art 4 s 106; 1996 c 305 art 3 s 32 

     326.48 Licensing. 

    Subdivision 1.    License required; rules; time credit.  
 No person shall engage in or work at the business of a 
 contracting pipefitter unless issued an individual contracting 
 pipefitter license to do so by the department of labor and 
 industry.  No license shall be required for repairs on existing 
 installations.  No person shall engage in or work at the 
 business of journeyman pipefitter unless issued an individual 
 journeyman pipefitter competency license to do so by the 
 department of labor and industry.  A person possessing an 
 individual contracting pipefitter competency license may also 
 work as a journeyman pipefitter.  

    No person, partnership, firm, or corporation shall install 
 high pressure piping, nor install high pressure piping in 
 connection with the dealing in and selling of high pressure pipe 
 material and supplies, unless, at all times, a person possessing 
 a contracting pipefitter individual competency license or a 
 journeyman pipefitter individual competency license is 
 responsible for the high pressure pipefitting work conducted by 
 the person, partnership, firm, or corporation being in 
 conformity with Minnesota Statutes and Minnesota Rules. 

    The department of labor and industry shall prescribe rules, 
 not inconsistent herewith, for the examination and individual 
 competency licensing of contracting pipefitters and journeyman 
 pipefitters and for issuance of permits by the department and 
 municipalities for the installation of high pressure piping.  

    An employee performing the duties of inspector for the 
 department of labor and industry in regulating pipefitting shall 
 not receive time credit for the inspection duties when making an 
 application for a license required by this section.  

    Subd. 2.    High pressure pipefitting business license.  
 Before obtaining a permit for high pressure piping work, a 
 person, partnership, firm, or corporation must obtain or utilize 
 a business with a high pressure piping business license.  

    A person, partnership, firm, or corporation must have at 
 all times as a full-time employee at least one individual 
 holding an individual contracting pipefitter competency 
 license.  Only full-time employees who hold individual 
 contracting pipefitter licenses are authorized to obtain high 
 pressure piping permits in the name of the business.  The 
 individual contracting pipefitter competency license holder can 
 be the employee of only one high pressure piping business at a 
 time. 

    To retain its business license without reapplication, a 
 person, partnership, firm, or corporation holding a high 
 pressure piping business license that ceases to employ a person 
 holding an individual contracting pipefitter competency license 
 shall have 60 days from the last day of employment of its 
 previous individual contracting pipefitter competency license 
 holder to employ another license holder.  The department of 
 labor and industry must be notified no later than five days 
 after the last day of employment of the previous license holder. 

    No high pressure pipefitting work may be performed during 
 any period when the high pressure pipefitting business does not 
 have an individual contracting pipefitter competency license 
 holder on staff.  If a license holder is not employed within 60 
 days, the pipefitting business license shall lapse. 

    The department of labor and industry shall prescribe by 
 rule procedures for application for and issuance of business 
 licenses and fees. 

    Subd. 3.    Bond.  The applicant for a high pressure 
 piping business license or renewal shall give bond to the state 
 in the total penal sum of $15,000 conditioned upon the faithful 
 and lawful performance of all work entered upon within the state.
 The bond shall run to and be for the benefit of persons injured 
 or suffering financial loss by reason of failure of payment or 
 performance.  Claims and actions on the bond may be brought 
 according to sections 574.26 to 574.38. 

    The term of the bond must be concurrent with the term of 
 the high pressure pipefitting business license and run without 
 interruption from the date of the issuance of the license to the 
 end of the calendar year.  All high pressure pipefitting 
 business licenses must be annually renewed on a calendar year 
 basis. 

    The bond must be filed with the secretary of state and 
 shall be in lieu of any other business license bonds required by 
 any political subdivision for high pressure pipefitting.  The 
 bond must be written by a corporate surety licensed to do 
 business in the state. 

    Subd. 4.    Insurance.  In addition to the bond 
 described in subdivision 3, each applicant for a high pressure 
 pipefitting business license or renewal shall have in force 
 public liability insurance, including products liability 
 insurance, with limits of at least $100,000 per person and 
 $300,000 per occurrence and property damage insurance with 
 limits of at least $50,000. 

    The insurance must be kept in force for the entire term of 
 the high pressure pipefitting business license, and the license 
 shall be suspended by the department if at any time the 
 insurance is not in force. 

    The insurance must be written by an insurer licensed to do 
 business in the state and shall be in lieu of any other 
 insurance required by any subdivision of government for high 
 pressure pipefitting.  Each person, partnership, firm, or 
 corporation holding a high pressure pipefitting business shall 
 maintain on file with the department a certificate evidencing 
 the insurance.  Any purported cancellation of insurance shall 
 not be effective without the insurer first giving 30 days' 
 written notice to the department. 

    Subd. 5.    Fee.  The state department of labor and 
 industry may charge each applicant for a high pressure 
 pipefitting business license or for a renewal of a high pressure 
 pipefitting business license and an additional fee commensurate 
 with the cost of administering the bond and insurance 
 requirements of subdivisions 3 and 4. 

    HIST: (5887-30d) 1937 c 367 s 5; Ex1967 c 1 s 6; 1978 c 604 s 
 2; 1979 c 50 s 40; 1981 c 72 s 1; 1984 c 481 s 4; 1986 c 444; 
 1987 c 132 s 3; 1995 c 123 s 1-5 

  326.49 Repealed, 1984 c 481 s 8 

     326.50 Application; fees. 

    Application for an individual contracting pipefitter 
 competency or an individual journeyman pipefitter competency 
 license shall be made to the department of labor and industry, 
 with fees.  The applicant shall be licensed only after passing 
 an examination by the department of labor and industry.  

    HIST: (5887-30g) 1937 c 367 s 8; 1951 c 119 s 1; 1959 c 134 s 
 1; Ex1967 c 1 s 6; 1974 c 7 s 1; 1981 c 72 s 2; 1984 c 481 s 5; 
 1987 c 132 s 4; 1995 c 123 s 6; 1996 c 305 art 3 s 33; 1999 c 
 250 art 3 s 27 

*   NOTE:  The amendment to this section by Laws 1999, chapter 
*250, article 3, section 27, is effective July 1, 2001.  Laws 
*1999, chapter 250, article 3, section 29. 

*   NOTE:  Laws 1999, chapter 250, article 3, does not repeal 
*rules or fees in effect on June 30, 2001.  Laws 2000, chapter 
*488, article 12, section 23.

     326.51 Department may revoke licenses. 

    The department may revoke or suspend, for cause, any 
 license obtained through error or fraud, or if the licensee is 
 shown to be incompetent, or for a violation of any of its rules 
 and regulations applicable to high pressure pipefitting work.  
 The licensee shall have notice, in writing, enumerating the 
 charges, and be entitled to a hearing on at least ten days' 
 notice, with the right to produce testimony.  The hearing shall 
 be held pursuant to chapter 14.  The commissioner shall issue a 
 final order based on testimony and the record at hearing.  One 
 year from the date of revocation application may be made for a 
 new license.  

    HIST: (5887-30h) 1937 c 367 s 9; Ex 1967 c 1 s 6; 1985 c 248 s 
 70; 1987 c 132 s 5; 1995 c 123 s 7 

     326.52 Deposit of fees. 

    All fees received under sections 326.46 to 326.52 shall be 
 deposited by the department of labor and industry to the credit 
 of the general fund in the state treasury.  The salaries and per 
 diem of the inspectors and examiners hereinbefore provided, 
 their expenses, and all incidental expenses of the department in 
 carrying out the provisions of sections 326.46 to 326.52 shall 
 be paid from the appropriations made to the department of labor 
 and industry.  The commissioner by rule shall set the amount of 
 the fees at a level that approximates, to the greatest extent 
 possible, the salaries, per diem, and incidental expenses of the 
 department. 

    HIST: (5887-30j) 1937 c 367 s 11; Ex1967 c 1 s 6; 1973 c 720 s 
 59; 1Sp1985 c 13 s 314; 1989 c 335 art 4 s 106; 1995 c 123 s 8 

     326.521 Violations; penalty provisions. 

    Unless otherwise specifically provided, any violation of 
 any provision or requirement of sections 326.46 to 326.52 is a 
 misdemeanor.  

    HIST: 1987 c 132 s 6 

     326.523 License provisions; distribution; cancellation. 

    No distributor shall hereafter license feature motion 
 picture films to an exhibitor to be exhibited, shown or 
 performed in this state unless the license provides: 

    (1) That all the feature motion picture films, which such 
 distributor will license during the exhibition season, or the 
 unexpired portion thereof, shall be included:  the term "all the 
 feature motion picture films" applies to each producer for whom 
 the distributor is acting; and 

    (2) That the exhibitor shall have the right to cancel a 
 minimum of 20 percent of the total number of feature motion 
 pictures included in such license where the exhibitor deems the 
 same injurious and damaging to business or offensive on moral, 
 religious, or racial grounds. 

    The cancellation shall be made proportionately among the 
 several price brackets, if there be such price brackets in the 
 license agreement.  Any number of cancellations to which an 
 exhibitor is entitled, may be made the lowest price bracket at 
 the exhibitor's option. 

    The right to cancellation shall not be effective, unless 
 the exhibitor exercises such right by giving notice thereof, to 
 the distributor, by certified mail, within 15 days after being 
 notified of the availability of a feature motion picture.  In 
 determining the number of feature motion pictures that may be 
 canceled, fractions of one-half or more shall be counted as one 
 and fractions of less than one-half shall not be counted. 

    HIST: 1941 c 460 s 2; 1978 c 674 s 60; 1986 c 444 

     326.524 Licenses may not contain certain restrictions.  

    No distributor shall license feature motion picture films 
 to an exhibitor to be exhibited, shown, or performed in this 
 state, upon the condition that the exhibitor must also license 
 short subjects, newsreels, trailers, serials, reissue, foreign, 
 and western motion picture films.  

    HIST: 1941 c 460 s 3 

     326.525 Licenses, when void.  

    Any provision of any license hereafter made and entered 
 into which is contrary to any provisions of sections 326.523 to 
 326.526 and 326.01, subdivisions 14 to 19, is hereby declared to 
 be against public policy and void.  

    HIST: 1941 c 460 s 4 

     326.526 Application of sections 326.523 to 326.526.  

    The provisions of sections 326.523 to 326.526 and 326.01, 
 subdivisions 14 to 19, shall not apply to the licensing of 
 motion picture films to any school, college, university, church, 
 or any educational, fraternal, or religious organizations in 
 this state.  

    HIST: 1941 c 460 s 7 

     326.53 Violations; penalty provisions. 

    Subdivision 1.    Generally.  (1) Any violation of the 
 provisions of sections 326.02 to 326.229 shall be a gross 
 misdemeanor. 

    (2) Every person violating any of the provisions of 
 sections 326.523 to 326.526, or assisting in such violation, 
 shall, upon conviction thereof, be punished by a fine not 
 exceeding $3,000 or, in default of the payment of such fine, by 
 imprisonment in the county jail for not more than one year.  In 
 the case of a corporation, the violation of these sections shall 
 be deemed to be also that of the individual directors, officers, 
 or agents of such corporation who have assisted in such 
 violation, or who have authorized, ordered, or done the acts or 
 omissions constituting, in whole or in part, such violation; 
 and, upon conviction thereof, any such directors, officers, or 
 agents shall be punished by fine or imprisonment as herein 
 provided. 

    Subd. 2. Repealed, 1993 c 206 s 25 

    Subd. 3.  Renumbered 326.547 

    HIST: (5697-12, 5705, 5886, 5887-27, 5887-30i) 1907 c 457 s 7; 
 1909 c 439 s 8; 1921 c 523 s 12; 1933 c 349 s 9; 1933 c 404 s 3; 
 1937 c 367 s 10; 1941 c 460 s 5; 1945 c 380 s 9; Ex1967 c 1 s 6; 
 1977 c 305 s 45; 1984 c 628 art 3 s 11; 1992 c 542 s 4 

  326.54 Repealed, 1983 c 293 s 115 

  326.541 Repealed, 1983 c 293 s 115 

  326.542 Repealed, 1983 c 293 s 115 

  326.543 Repealed, 1983 c 293 s 115 

  326.544 Repealed, 1983 c 293 s 115 

  326.545 Repealed, 1983 c 293 s 115 

  326.546 Repealed, 1983 c 293 s 115 

  326.547 Repealed, 1983 c 293 s 115 

     326.55 Nonpayment of license fees.  

    Subdivision 1.    Definitions.  As used in this section:

    (1) "Employment essential to the prosecution of the present 
 war and to the national defense" means employment by the United 
 States of America, any of its agencies, or any contractor under 
 the United States of America, or subcontractor under such 
 contractor, in work connected with the prosecution of the 
 present war or for the defense of the United States of America 
 and others of the United Nations during such war.  

    (2) "Outside of the United States" means outside of the 
 territorial limits of the 50 states of the United States and the 
 District of Columbia.  

    Subd. 2.    Members of armed forces need not pay license 
 fees.  Any person required by law to be licensed or 
 registered in order to carry on or practice a trade, employment, 
 occupation or profession in the state of Minnesota who is also 
 required by law to renew the license or certificate of 
 registration at stated intervals and to pay a fee for such 
 renewal on or before a specified date, or be subject to 
 revocation of the license or certificate or other penalties, who 
 has since the enactment by the Congress of the United States of 
 the Selective Service and Training Act of 1940 entered, or shall 
 hereafter enter, the armed forces of the United States of 
 America, or who has since the enactment of said act been 
 engaged, or shall hereafter be engaged, in employment, outside 
 of the United States, essential to the prosecution of the 
 present war and to the national defense, whose license or 
 certificate of registration was effective at the time of entry 
 into the armed forces or engagement in the employment aforesaid, 
 is hereby exempted from the payment of all renewal fees and from 
 the filing of any application for renewal, which but for this 
 section would have been required as a condition of the renewal 
 of the license or certificate, during the time the person has 
 been in such armed forces or in such employment, and from any 
 penalties for nonpayment or late payment, and is hereby exempted 
 from further payment of such renewal fees and from the making of 
 any application for renewal during the period the person shall 
 remain in such armed forces or is engaged in such employment, 
 and for a further period of six months from discharge from the 
 armed forces, if a member thereof, or from the date of return 
 within the boundaries of the United States if engaged in the 
 employment hereinbefore referred to.  The license or certificate 
 in the meantime shall remain in full force and effect, and if it 
 has been canceled or revoked since the date of the enactment of 
 the Selective Service and Training Act of 1940 solely on the 
 ground of nonpayment of renewal fees, or failure to apply for a 
 renewal, it shall be reinstated upon the application of the 
 licensee or registrant or any one on the licensee's or 
 registrant's behalf without the payment of any penalties or 
 costs.  Any such person may within six months from the date of 
 release from the armed forces of the United States, if the 
 person has been a member of such armed forces, or from the date 
 of return within the boundaries of the United States if the 
 person has been engaged in employment hereinbefore referred to, 
 make application for a renewal of the license or certificate 
 without penalty and in the same manner as if the person had made 
 application therefor at the time or times specified by existing 
 laws.  

    HIST: 1943 c 121; 1965 c 45 s 52; 1986 c 444 

     326.56 Licenses, certificates of registration; renewals. 

    Subdivision 1.    Definitions.  For the purposes of 
 this section the terms defined in this subdivision shall have 
 the meanings ascribed to them.  

    (1) "Employment essential to the prosecution of any war and 
 to the national defense" means employment by the United States 
 of America, any of its agencies, or any contractor under the 
 United States of America, or subcontractor under such 
 contractor, in work connected with the prosecution of war or for 
 the defense of the United States of America and others of the 
 United Nations during war.  

    (2) "Outside of the United States" means outside of the 
 territorial limits of the 50 states of the United States and the 
 District of Columbia.  

    Subd. 2.    Trade licenses or registrations, renewals; 
 exemption of members of armed forces.  Any person required by 
 law to be licensed or registered in order to carry on or 
 practice a trade, employment, occupation or profession in the 
 state of Minnesota who is also required by law to renew the 
 license or certificate of registration at stated intervals and 
 to pay a fee for such renewal on or before a specified date, or 
 be subject to revocation of the license or certificate or other 
 penalties, who has since the enactment by the Congress of the 
 United States of the Selective Service and Training Act of 1940 
 entered, or shall hereafter enter, the armed forces of the 
 United States of America, or who has since the enactment of said 
 act been engaged, or shall hereafter be engaged, in employment, 
 outside of the United States, essential to the prosecution of 
 any war or to the national defense, whose license or certificate 
 of registration was effective at the time of entry into the 
 armed forces or engagement in the employment aforesaid, is 
 hereby exempted from the payment of all renewal fees and from 
 the filing of any application for renewal, which but for this 
 section would have been required as a condition of the renewal 
 of the license or certificate, during the time the person has 
 been in such armed forces or in such employment, and from any 
 penalties for nonpayment or late payment, and is hereby exempted 
 from further payment of such renewal fees and from the making of 
 any application for renewal during the period the person shall 
 remain in such armed forces or is engaged in such employment, 
 and for a further period of six months from discharge from the 
 armed forces, if a member thereof, or from the date of return 
 within the boundaries of the United States if engaged in the 
 employment hereinbefore referred to.  The license or certificate 
 in the meantime shall remain in full force and effect, and if it 
 has been canceled or revoked since the date of the enactment of 
 the Selective Service and Training Act of 1940 solely on the 
 ground of nonpayment of renewal fees, or failure to apply for a 
 renewal, it shall be reinstated upon the application of the 
 licensee or registrant or any one on the licensee's or 
 registrant's behalf without the payment of any penalties or 
 costs.  Any such person may within six months from the date of 
 release from the armed forces of the United States, if the 
 person has been a member of such armed forces, or from the date 
 of return within the boundaries of the United States if the 
 person has been engaged in employment hereinbefore referred to, 
 make application for a renewal of the license or certificate 
 without penalty and in the same manner as if the person had made 
 application therefor at the time or time specified by existing 
 laws.  

    HIST: 1951 c 301 s 1, 2; 1965 c 45 s 53; 1986 c 444 

     326.57 Water conditioning contractors and installers; 
  supervision by state commissioner of health. 

    Subdivision 1.  The state commissioner of health shall, by 
 rule, prescribe minimum standards which shall be uniform, and 
 which standards shall thereafter be effective for all new water 
 conditioning servicing and water conditioning installations, 
 including additions, extensions, alterations, and replacements 
 connected with any water or sewage disposal system owned or 
 operated by or for any municipality, institution, factory, 
 office building, hotel, apartment building or any other place of 
 business, regardless of location or the population of the city, 
 county or town in which located.  Such rules, upon approval of 
 the attorney general and their legal publication, shall have the 
 force of law, and the violation of any part thereof shall 
 constitute a misdemeanor and may be enjoined by the attorney 
 general. 

    Subd. 2.  The commissioner shall administer the provisions 
 of sections 326.57 to 326.65 and for such purposes may employ 
 water conditioning inspectors and other assistants. 

    HIST: 1969 c 898 s 1; 1973 c 123 art 5 s 7; 1977 c 305 s 45; 
 1985 c 248 s 70; 1989 c 209 art 2 s 1 

     326.58 Local regulations. 

    Any city or town with a population of 5,000 or more persons 
 may, by ordinance, adopt local regulations providing for water 
 conditioning permits, bonds, approval of plans, and inspections 
 of water conditioning installations and servicing, which 
 regulations shall not be in conflict with the water conditioning 
 standards on the same subject prescribed by the state 
 commissioner of health.  No such city or town shall prohibit 
 water conditioning contractors or installers licensed by the 
 state commissioner of health from engaging in or working at the 
 business. 

    HIST: 1969 c 898 s 2; 1973 c 123 art 5 s 7; 1977 c 305 s 45 

     326.59 Violations to be reported to state commissioner 
  of health. 

    Such local authority as may be designated by any such 
 ordinance for the issuance of such water conditioning 
 installation and servicing permits and approval of such plans 
 shall report to the state commissioner of health persistent or 
 willful violations of the same and any incompetence of a 
 licensed water conditioning contractor or licensed water 
 conditioning installer observed by the local authority. 

    HIST: 1969 c 898 s 3; 1977 c 305 s 45 

     326.60 Licensing in certain cities; qualifications; 
  rules. 

    Subdivision 1.    Licensing in certain cities.  In any 
 city or town now or hereafter having a population of 5,000 or 
 more according to the last federal census, no person, firm, or 
 corporation shall engage in or work at the business of water 
 conditioning installation or servicing after January 1, 1970, 
 unless (a) at all times a person licensed as a water 
 conditioning contractor by the state commissioner of health 
 shall be responsible for the proper water conditioning 
 installation and servicing work of such person, firm, or 
 corporation, and (b) all installations, other than exchanges of 
 portable equipment, are actually made by a licensed water 
 conditioning contractor or licensed water conditioning 
 installer.  Anyone not so licensed may do water conditioning 
 work which complies with the provisions of the minimum standard 
 prescribed by the state commissioner of health on premises or 
 that part of premises owned and actually occupied by the worker 
 as a residence, unless otherwise forbidden to do so by a local 
 ordinance. 

    Subd. 2.    Qualifications for licensing.  A water 
 conditioning contractor license shall be issued only to a person 
 who has demonstrated skill in planning, superintending, and 
 servicing water conditioning installations.  A water 
 conditioning installer license shall only be issued to a person 
 other than a water conditioning contractor who has demonstrated 
 practical knowledge of water conditioning installation. 

    Subd. 3.    Rules.  The state commissioner of health 
 shall: 

    (a) Prescribe rules, not inconsistent herewith, for the 
 licensing of water conditioning contractors and installers; 

    (b) License water conditioning contractors and installers; 

    (c) Prescribe rules not inconsistent herewith for the 
 examining of water conditioning contractors and installers prior 
 to first granting a license as a water conditioning contractor 
 or water conditioning installer; and 

    (d) Collect an examination fee from each examinee for a 
 license as a water conditioning contractor and a fee from each 
 examinee for a license as a water conditioning installer in an 
 amount prescribed by the state commissioner of health pursuant 
 to section 144.122.  A water conditioning installer must 
 successfully pass the examination for water conditioning 
 contractors before being licensed as a water conditioning 
 contractor. 

    HIST: 1969 c 898 s 4; 1973 c 123 art 5 s 7; 1974 c 471 s 16; 
 1977 c 305 s 45; 1980 c 487 s 11; 1985 c 248 s 70; 1986 c 444 

     326.601 Alternative state bonding and insurance 
  regulation. 

    Subdivision 1.    Bonds.  An applicant for a water 
 conditioning contractor or installer license or renewal thereof 
 who is required by any political subdivision to give a bond to 
 obtain or maintain the license, may comply with any political 
 subdivision bonding requirement by giving a bond to the state in 
 the total penal sum of $3,000 conditioned upon the faithful and 
 lawful performance of all water conditioning contracting or 
 installing work done within the state.  The bond shall be for 
 the benefit of persons suffering injuries or damages due to the 
 work.  The bond shall be filed with the commissioner of health 
 and shall be written by a corporate surety licensed to do 
 business in this state.  No applicant for a water conditioning 
 contractor or installer license who maintains the bond under 
 this subdivision shall be otherwise required to meet the bond 
 requirements of any political subdivision. 

    Subd. 2.    Insurance.  Each applicant for a water 
 conditioning contractor or installer license or renewal thereof 
 may, in lieu of all other insurance requirements of any 
 political subdivision for said licensing purposes, maintain the 
 insurance specified by this subdivision.  The insurance shall 
 provide coverage, including products liability coverage, for all 
 damages in connection with licensed work for which the licensee 
 is liable, with personal damage limits of at least $50,000 per 
 person and $100,000 per occurrence and property damage insurance 
 with limits of at least $10,000.  The insurance shall be written 
 by an insurer licensed to do business in this state and each 
 licensed water conditioning contractor or installer shall 
 maintain on file with the commissioner of health a certificate 
 evidencing the insurance.  The insurance shall not be canceled 
 without the insurer first giving 15 days' written notice to the 
 commissioner.  

    Subd. 3.    Bond and insurance exemption.  A water 
 conditioning contractor or installer who is an employee of a 
 water conditioning contractor or installer, including an 
 employee engaged in the maintenance and repair of water 
 conditioning equipment, apparatus, or facilities owned, leased 
 and operated, or maintained by the employer, is not required to 
 meet the bond and insurance requirements of subdivisions 1 and 2 
 or of any political subdivision.  

    Subd. 4.    Fee.  The commissioner of health may 
 establish by rule an additional fee commensurate with the cost 
 of administering the bond and insurance requirements of 
 subdivisions 1 and 2, which may be charged each applicant for 
 issuance or renewal of a water conditioning contractor or 
 installer license who elects to proceed under subdivisions 1 and 
 2.  

    HIST: 1980 c 614 s 134; 1986 c 444 

     326.61 Definitions; rules. 

    Subdivision 1.  "Water conditioning installation" as used 
 in sections 326.57 to 326.65 means the installation of 
 appliances, appurtenances, and fixtures designed to treat water 
 so as to alter, modify, add or remove mineral, chemical or 
 bacterial content, said installation to be made in a water 
 distribution system serving a single family residential unit, 
 which has been initially established by a licensed plumber, and 
 does not involve a direct connection without an air gap to a 
 soil or waste pipe. 

    Subd. 2.  "Water conditioning servicing" as used in 
 sections 326.57 to 326.65 means the servicing (including 
 servicing prior to installation) of a water conditioning 
 installation. 

    Subd. 3.  In order to provide effective protection of the 
 public health, the state commissioner of health may by rule 
 prescribe limitations on the nature of alteration to, extension 
 of, or connection with, the said water distribution system 
 initially established by a licensed plumber which may be 
 performed by a person licensed hereunder, and may by rule in 
 appropriate instances require filing of plans, blueprints and 
 specifications prior to commencement of installation.  Such 
 rules, upon approval of the attorney general and their legal 
 publication, shall have the force of law, and the violation of 
 any part thereof shall constitute a misdemeanor.  The 
 installation of water heaters shall not constitute water 
 conditioning installation and consequently such work shall be 
 accomplished in accordance with the provisions of sections 
 326.37 to 326.45. 

    Subd. 4.  "Single family residential unit" as used in 
 sections 326.57 to 326.65 means a building or portion thereof 
 which is arranged, designed, used or intended to be used for 
 residential occupancy by one family, but not including a motel, 
 hotel or rooming house. 

    HIST: 1969 c 898 s 5; 1977 c 305 s 45; 1985 c 248 s 70; 1989 c 
 209 art 2 s 1 

     326.62 Applications; fees. 

    Applications for water conditioning contractor's or 
 installer's licenses shall be made to the state commissioner of 
 health with the fee prescribed by the commissioner pursuant to 
 section 144.122.  Licenses shall expire and be renewed as 
 prescribed by the commissioner pursuant to section 144.122. 

    HIST: 1969 c 898 s 6; 1974 c 471 s 17; 1975 c 310 s 32; 1977 c 
 305 s 45 

  326.63 Repealed, 1993 c 206 s 25 

     326.64 Fees deposited. 

    All fees received under sections 326.57 to 326.65 shall be 
 deposited by the state commissioner of health to the credit of 
 the general fund in the state treasury.  The salaries of the 
 necessary employees of the commissioner and the per diem of the 
 inspectors and examiners hereinbefore provided, their expenses 
 and the incidental expenses of the commissioner in carrying out 
 the provisions of sections 326.57 to 326.65 shall be paid from 
 the appropriations made to the state commissioner of health but 
 no expense or claim shall be incurred or paid in excess of the 
 amount received from the fees herein provided. 

    HIST: 1969 c 898 s 8; 1975 c 204 s 83; 1977 c 305 s 45; 1989 c 
 209 art 2 s 1 

     326.65 State license; examination; application; 
  exemption.  

    The provisions of sections 326.57 to 326.65 which require 
 the obtaining of licenses to engage in the work or business of 
 water conditioning installation, and the provisions which 
 provide for the examination of applicants for such licenses, 
 shall only apply to work accomplished in cities or towns having 
 populations of 5,000 or more and shall not apply to master 
 plumbers and journeymen plumbers licensed under the provisions 
 of sections 326.37 to 326.45.  

    HIST: 1969 c 898 s 9; 1973 c 123 art 5 s 7; 1989 c 209 art 2 s 
 1 

  326.66 Repealed, 1988 c 629 s 64 

     326.70 Title. 

    Sections 326.70 to 326.81 may be cited as the "Asbestos 
 Abatement Act." 

    HIST: 1987 c 303 s 1; 1990 c 594 art 3 s 16 

     326.71 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to sections 326.70 to 326.81.  

    Subd. 2.    Asbestos.  "Asbestos" means the asbestiform 
 varieties of chrysotile (serpentine), crocidolite (riebeckite), 
 amosite (cummingtonite-grunerite), anthophyllite, tremolite, and 
 actinolite.  

    Subd. 3.    Asbestos-containing material.  
 "Asbestos-containing material" means material that contains more 
 than one percent asbestos by microscopic visual estimation by 
 area.  

    Subd. 4.    Asbestos-related work.  "Asbestos-related 
 work" means the enclosure, removal, or encapsulation of 
 asbestos-containing material in a quantity that meets or exceeds 
 260 linear feet of friable asbestos-containing material on 
 pipes, 160 square feet of friable asbestos-containing material 
 on other facility components, or, if linear feet or square feet 
 cannot be measured, a total of 35 cubic feet of friable 
 asbestos-containing material on or off all facility components 
 in one facility.  In the case of single or multifamily 
 residences, "asbestos-related work" also means the enclosure, 
 removal, or encapsulation of greater than ten but less than 260 
 linear feet of friable asbestos-containing material on pipes, 
 greater than six but less than 160 square feet of friable 
 asbestos-containing material on other facility components, or, 
 if linear feet or square feet cannot be measured, greater than 
 one cubic foot but less than 35 cubic feet of friable 
 asbestos-containing material on or off all facility components 
 in one facility.  This provision excludes asbestos-containing 
 floor tiles and sheeting, roofing materials, siding, and all 
 ceilings with asbestos-containing material in single family 
 residences and buildings with no more than four dwelling units.  
 Asbestos-related work includes asbestos abatement area 
 preparation; enclosure, removal, or encapsulation operations; 
 and an air quality monitoring specified in rule to assure that 
 the abatement and adjacent areas are not contaminated with 
 asbestos fibers during the project and after completion. 

    For purposes of this subdivision, the quantity of asbestos 
 containing material applies separately for every project. 

    Subd. 4a.    Asbestos inspector.  "Asbestos inspector" 
 means an individual who inspects a site for the presence and 
 condition of asbestos-containing material, or who reinspects a 
 site to assess the condition of previously identified 
 asbestos-containing material or the presence of other 
 asbestos-containing material. 

    Subd. 4b.    Asbestos management activity.  "Asbestos 
 management activity" means the performance of periodic 
 inspections to determine the existence and condition of 
 asbestos-containing material, the development of site specific 
 written programs for the maintenance of asbestos-containing 
 material in a condition which prevents the release of asbestos 
 fibers, the development of site specific written programs 
 governing response procedures in the event of an asbestos fiber 
 release episode, and the development of project specifications 
 for asbestos-related work projects. 

    Subd. 4c.    Asbestos management planner.  "Asbestos 
 management planner" means an individual who develops a written 
 site specific asbestos-containing material maintenance plan and 
 a written site specific asbestos fiber release episode response 
 plan addressing asbestos-containing material at the site. 

    Subd. 4d.    Asbestos project designer.  "Asbestos 
 project designer" means an individual who designs the 
 asbestos-related work project specifications. 

    Subd. 5.    Commissioner.  "Commissioner" means the 
 commissioner of health.  

    Subd. 6.    Contracting entity.  "Contracting entity" 
 means a public or private body, board, natural person, 
 corporation, partnership, proprietorship, joint venture, fund, 
 authority, or similar entity that contracts with a person to do 
 asbestos-related work or asbestos management activity for the 
 benefit of the contracting entity. 

    Subd. 7. Repealed, 1993 c 303 s 21 

    Subd. 8.    Person.  "Person" means an individual, body, 
 board, corporation, partnership, proprietorship, joint venture, 
 fund, authority, or similar entity.  This term also applies to 
 the state, its political subdivisions, and any boards, 
 commissions, schools, institutions, or authorities created or 
 recognized by them. 

    HIST: 1987 c 303 s 2; 1990 c 594 art 3 s 16; 1993 c 303 s 1-9; 
 1994 c 567 s 19; 1995 c 165 s 12; 1995 c 185 s 6; 1997 c 205 s 
 32,33; 1Sp1997 c 5 s 1 

     326.72 Asbestos license. 

    Subdivision 1.    When license required.  A person 
 within the state intending to directly perform or cause to be 
 performed through subcontracting or similar delegation any 
 asbestos-related work either for financial gain or with respect 
 to the person's own property shall first apply for and obtain a 
 license from the commissioner.  The license shall be in writing, 
 be dated when issued, contain an expiration date, be signed by 
 the commissioner, and give the name and address of the person to 
 whom it is issued. 

    The domiciled owner of a single family residence is not 
 required to hold a license or pay a project permit fee to 
 conduct asbestos-related work in the domiciled residence. 

    Subd. 2.    Display of license.  Licensees shall post a 
 project permit, obtained from the commissioner after compliance 
 with the provisions of section 326.74 and rules promulgated 
 under section 326.78, in a conspicuous place outside of the 
 asbestos work area.  The actual license or a copy shall be 
 readily available at the work site for inspection by the 
 commissioner, other public officials charged with the health, 
 safety, and welfare of the state's citizens, and the contracting 
 entity.  

    HIST: 1987 c 303 s 3; 1993 c 303 s 10; 1997 c 205 s 34 

     326.73 Asbestos certifications. 

    Subdivision 1.    Asbestos-related work certification.  
 Before an individual performs asbestos-related work, the 
 individual shall first obtain a certificate from the 
 commissioner certifying that the individual is qualified to 
 perform the work.  No certificate shall be issued unless the 
 individual has shown evidence of training or experience in the 
 general commercial construction trades, has taken a course of 
 training in asbestos control and removal, passed an examination 
 in those subjects, and demonstrated to the commissioner the 
 ability to perform asbestos-related work safely in accordance 
 with the current state-of-the-art technology.  The commissioner 
 shall specify the course of training necessary.  The certificate 
 issued by the commissioner shall be in writing, be dated when 
 issued, contain an expiration date, be signed by the 
 commissioner, and contain the name and address of the individual 
 to whom it is issued.  The certificate shall be carried by the 
 individual and be readily available for inspection by the 
 commissioner, other public officials charged with the health, 
 safety, and welfare of the state's citizens, and the contracting 
 entity.  

    Subd. 2.    Asbestos inspector certification.  Before an 
 individual performs an asbestos inspection, the individual shall 
 first obtain a certificate from the commissioner.  The 
 commissioner shall issue an asbestos inspector certificate to an 
 individual who has shown evidence of completion of training on 
 asbestos inspection specified by the commissioner in rule, 
 passed an examination in that subject, and has shown evidence of 
 experience as required by rule.  The certificate issued by the 
 commissioner shall be in writing, be dated when issued, contain 
 an expiration date, be signed by the commissioner, and contain 
 the name and address of the individual to whom it is issued. 

    Subd. 3.    Asbestos management planner certification.  
 Before an individual develops an asbestos management plan, the 
 individual shall first obtain a certificate from the 
 commissioner.  The commissioner shall issue an asbestos 
 management planner certificate to an individual who has shown 
 evidence of completion of training on asbestos management plan 
 development specified by the commissioner in rule, passed an 
 examination in that subject, and has shown evidence of 
 experience as required by rule.  The certificate issued by the 
 commissioner shall be in writing, be dated when issued, contain 
 an expiration date, be signed by the commissioner, and contain 
 the name and address of the individual to whom it is issued. 

    Subd. 4.    Asbestos project designer certification.  
 Before an individual designs an asbestos-related work project, 
 the individual shall first obtain a certificate from the 
 commissioner.  The commissioner shall issue an asbestos project 
 designer certificate to an individual who has shown evidence of 
 completion of training on asbestos project design specified by 
 the commissioner in rule, passed an examination in that subject, 
 and has shown evidence of experience as required by rule.  The 
 certificate issued by the commissioner shall be in writing, be 
 dated when issued, contain an expiration date, be signed by the 
 commissioner, and contain the name and address of the individual 
 to whom it is issued. 

    HIST: 1987 c 303 s 4; 1988 c 689 art 2 s 233; 1993 c 303 s 11 

     326.74 Reporting asbestos work. 

    Written notice shall be given to the commissioner of an 
 asbestos-related work project by the person holding the license 
 issued under section 326.72, subdivision 1.  Unless the project 
 is an emergency project, the notice shall be given to the 
 commissioner at least five calendar days before the project 
 begins.  The notice shall contain the following information:  

    (1) a brief description of the work to be performed; 

    (2) the name of the contracting entity; 

    (3) the location and address of the project work site; 

    (4) the approximate duration of the project; 

    (5) the approximate amount of the asbestos involved in the 
 project; 

    (6) the name of any project manager; and 

    (7) other information required by the commissioner.  

    HIST: 1987 c 303 s 5; 1993 c 303 s 12; 1997 c 205 s 35 

     326.75 Fees. 

    Subdivision 1.    Licensing fee.  A person required to 
 be licensed under section 326.72 shall, before receipt of the 
 license and before causing asbestos-related work to be 
 performed, pay the commissioner an annual license fee of $100.  

    Subd. 2.    Certification fee.  An individual required 
 to be certified under section 326.73, subdivision 1, shall pay 
 the commissioner a certification fee of $50 before the issuance 
 of the certificate.  The commissioner may establish by rule fees 
 required before the issuance of asbestos inspector, asbestos 
 management planner, and asbestos project designer certificates 
 required under section 326.73, subdivisions 2, 3, and 4. 

    Subd. 3.    Permit fee.  Five calendar days before 
 beginning asbestos-related work, a person shall pay a project 
 permit fee to the commissioner equal to one percent of the total 
 costs of the asbestos-related work.  For asbestos-related work 
 performed in single or multifamily residences, of greater than 
 ten but less than 260 linear feet of asbestos-containing 
 material on pipes, or greater than six but less than 160 square 
 feet of asbestos-containing material on other facility 
 components, a person shall pay a project permit fee of $35 to 
 the commissioner. 

    Subd. 3a.    Asbestos-related training course permit fee. 
  The commissioner shall establish by rule a permit fee to be 
 paid by a training course provider on application for a training 
 course permit or renewal of a permit of each asbestos-related 
 training course required for certification or registration. 

    Subd. 4.    Deposit of fees.  Fees collected under this 
 section shall be deposited in the state government special 
 revenue fund. 

    HIST: 1987 c 303 s 6; 1990 c 594 art 3 s 13; 1993 c 303 s 13; 
 1Sp1993 c 1 art 9 s 73; 1994 c 567 s 20; 1995 c 165 s 13 

     326.76 Duties of contracting entities. 

    A contracting entity intending to have asbestos-related 
 work or asbestos management activity performed for its benefit 
 shall include in the specifications and contracts for the work a 
 requirement that the work be performed by contractors and 
 subcontractors licensed or certified by the commissioner under 
 sections 326.70 to 326.81 and in accordance with rules 
 prescribed by the commissioner related to asbestos-related work 
 and asbestos management activity.  No contracting entity shall 
 allow asbestos-related work or asbestos management activity to 
 be performed for its benefit unless it has seen that the person 
 has a valid license or certificate.  A contracting entity's 
 failure to comply with this section does not relieve a person 
 from any responsibilities under sections 326.70 to 326.81. 

    HIST: 1987 c 303 s 7; 1990 c 594 art 3 s 16; 1993 c 303 s 14; 
 1997 c 205 s 36 

     326.77 Indoor air standard. 

    (a) The commissioner may adopt rules establishing an indoor 
 air standard for asbestos.  

    (b) Until the rules become effective, asbestos remaining in 
 the air following the completion of an abatement project shall 
 not exceed .01 fibers greater than five microns in length per 
 cubic centimeter of air.  

    HIST: 1987 c 303 s 8 

     326.78 Duties of the commissioner. 

    Subdivision 1.    Rulemaking.  The commissioner shall 
 adopt and begin enforcement of rules necessary to implement 
 sections 326.70 to 326.81.  The rules adopted shall not be 
 duplicative of rules adopted by the commissioner of the 
 department of labor and industry.  The rules shall include rules 
 in the following areas: 

    (1) application, enclosure, removal, and encapsulation 
 procedures; 

    (2) license and certificate qualification requirements; 

    (3) examinations for obtaining a license and certificate; 

    (4) training necessary for individual certification; 

    (5) qualifications for managers of asbestos-related work 
 projects; 

    (6) asbestos-related work and asbestos management activity 
 specifications; 

    (7) any contractor bonding and insurance requirements 
 deemed necessary by the commissioner; 

    (8) license and certificate issuance and revocation 
 procedures; 

    (9) suspension or revocation of licenses or certificates; 

    (10) license and certificate suspension and revocation 
 criteria; 

    (11) cleanup standards; 

    (12) continuing education requirements; and 

    (13) other rules necessary to implement sections 326.70 to 
 326.81.  

    Subd. 2.    Issuance of licenses and certificates.  The 
 commissioner may issue licenses to persons and certificates to 
 individuals who meet the criteria in sections 326.70 to 326.81 
 and the commissioner's rules.  Licenses shall be valid for 12 
 months.  Certificates shall be valid for 12 months after the 
 completion date on the approved training course diploma. 

    Subd. 3.    Delegation.  The commissioner may, in 
 writing, delegate the inspection and enforcement authority 
 granted in sections 326.70 to 326.81 to other state agencies 
 regulating asbestos. 

    Subd. 4. Repealed, 1993 c 206 s 25 

    Subd. 5.    Subpoenas.  In matters under investigation 
 by or pending before the commissioner under sections 326.70 to 
 326.81, the commissioner may issue subpoenas and compel the 
 attendance of witnesses and the production of papers, books, 
 records, documents, and other relevant evidentiary material.  A 
 person failing or refusing to comply with the subpoena or order 
 may, upon application by the commissioner to the district court 
 in any district, be ordered by the court to comply with the 
 order or subpoena.  The commissioner may also administer oaths 
 and affirmations to witnesses.  Depositions may be taken within 
 or without the state in the manner provided by law for the 
 taking of depositions in civil actions.  A subpoena or other 
 process or paper may be served upon any person anywhere within 
 the state by an officer authorized to serve subpoenas in civil 
 actions, with the same fees and mileage costs paid, and in the 
 manner as prescribed by law, for process of the state district 
 courts.  Fees and mileage and other costs of persons subpoenaed 
 by the commissioner shall be paid in the manner prescribed for 
 proceedings in district court.  

    Subd. 6. Repealed, 1993 c 206 s 25 

    Subd. 7. Repealed, 1993 c 206 s 25 

    Subd. 8. Repealed, 1993 c 206 s 25 

    Subd. 9.    Penalties.  A person who violates any of the 
 requirements of sections 326.70 to 326.81 or any requirement, 
 rule, or order issued under those sections is subject to a civil 
 penalty of not more than $10,000 per day of violation.  
 Penalties may be recovered in a civil action in the name of the 
 state brought by the attorney general. 

    HIST: 1987 c 303 s 9; 1989 c 282 art 2 s 183; 1990 c 594 art 3 
 s 16; 1993 c 303 s 15; 1994 c 465 art 3 s 70; 1995 c 165 s 
 14,15; 1995 c 186 s 119; 1997 c 205 s 37 

     326.785 Asbestos containment barriers. 

    Notwithstanding Minnesota Rules, part 4620.3568, subparts 1 
 to 4, containment barriers, in the case of tunnel abatement 
 enclosures, are limited to double critical barriers. 

    HIST: 1990 c 381 s 1; 1993 c 303 s 16; 1997 c 205 s 38 

  326.79 Repealed, 1993 c 206 s 25 

  326.80 Repealed, 1993 c 206 s 25 

     326.81 Discrimination; sanctions. 

    A person who discriminates against or otherwise sanctions 
 an employee who complains to or cooperates with the commissioner 
 in administering sections 326.70 to 326.81 is guilty of a 
 misdemeanor.  

    HIST: 1987 c 303 s 12; 1990 c 594 art 3 s 16; 1993 c 303 s 19 

  326.82 Repealed, 1990 c 594 art 3 s 15 

     326.83 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to sections 326.83 to 326.98. 

    Subd. 2.    Affiliate.  An "affiliate" of another person 
 means any person directly or indirectly controlling, controlled 
 by, or under common control with the other person. 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of commerce. 

    Subd. 4.    Council.  "Council" means the builders state 
 advisory council. 

    Subd. 5.    Gross annual receipts.  "Gross annual 
 receipts" means the total amount derived from residential 
 contracting or remodeling activities, regardless of where the 
 activities are performed, and must not be reduced by cost of 
 goods sold, expenses, losses, or any other amount. 

    Subd. 6.    Lessee.  "Lessee" means one who rents 
 residential real estate pursuant to a written lease agreement of 
 at least one year's duration.  

    Subd. 7.    Licensee.  "Licensee" means a residential 
 building contractor, residential remodeler, manufactured home 
 installer, or roofer licensed under sections 326.83 to 326.991. 

    Subd. 8.    Manufactured home.  "Manufactured home" has 
 the meaning given it in section 327.31, subdivision 6. 

    Subd. 9.    Manufactured home installer.  "Manufactured 
 home installer" has the meaning given it in section 327.31, 
 subdivision 11. 

    Subd. 10.    Mechanical contractor.  "Mechanical 
 contractor" means a person, sole proprietor, partnership, joint 
 venture, corporation, or other organization which is in the 
 business of erection, installation, alteration, repair, 
 relocation, replacement, addition to, use, or maintenance of any 
 heating, ventilating, cooling, process piping, plumbing, fire 
 protection, or refrigeration systems, incinerators, or other 
 miscellaneous heat-producing appliance, piping, or equipment or 
 appliances associated with those systems. 

    Subd. 11.    Owner.  Except in section 326.91, 
 subdivision 1, "owner" means a person who has any legal or 
 equitable interest in real property.  For purposes of sections 
 326.83 to 326.991, "owner" does not include a residential 
 building contractor or residential remodeler who constructs or 
 improves its own property for purposes of speculation.  A 
 residential building contractor or residential remodeler will be 
 presumed to be building or improving for purposes of speculation 
 if it constructs or improves more than one property within any 
 24-month period. 

    Subd. 12.    Person.  "Person" means a natural person, 
 firm, partnership, limited liability company, corporation, or 
 association, and the officers, directors, employees, or agents 
 of that person. 

    Subd. 13.    Public member.  "Public member" means a 
 person who is not, and never was, a residential building 
 contractor, residential remodeler, residential roofer, or 
 specialty contractor or the spouse of such person, or a person 
 who has no, or never has had a, material financial interest in 
 acting as a residential building contractor, residential 
 remodeler, or specialty contractor or a directly related 
 activity. 

    Subd. 14.    Qualifying person.  "Qualifying person" 
 means the individual who fulfills the examination and education 
 requirements for licensure on behalf of the licensee. 

    Subd. 15.    Residential building contractor.  
 "Residential building contractor" means a person in the business 
 of building residential real estate, or of contracting or 
 offering to contract with an owner to build residential real 
 estate, by providing two or more special skills as defined in 
 this section.  A residential building contractor may also 
 contract or offer to contract with an owner to improve existing 
 residential real estate. 

    Subd. 16.    Residential remodeler.  "Residential 
 remodeler" means a person in the business of contracting or 
 offering to contract with an owner to improve existing 
 residential real estate by providing two or more special skills 
 as defined in this section.  

    Subd. 17.    Residential real estate.  "Residential real 
 estate" means a new or existing building constructed for 
 habitation by one to four families, and includes detached 
 garages. 

    Subd. 18.    Roofer.  "Roofer" means a person in the 
 business of contracting, or offering to contract with an owner, 
 to complete work on residential real estate in roof coverings, 
 roof sheathing, roof weatherproofing and insulation, and repair 
 of roof systems, but not construction of new roof systems. 

    Subd. 19.    Special skill.  "Special skill" means one 
 of the following eight categories: 

    (a)    Excavation.  Excavation includes work in any of 
 the following areas: 

    (1) excavation; 

    (2) trenching; 

    (3) grading; and 

    (4) site grading.  

    (b)    Masonry and concrete.  Masonry and concrete 
 includes work in any of the following areas: 

    (1) drain systems; 

    (2) poured walls; 

    (3) slabs and poured-in-place footings; 

    (4) masonry walls; 

    (5) masonry fireplaces; 

    (6) masonry veneer; and 

    (7) water resistance and waterproofing. 

    (c)    Carpentry.  Carpentry includes work in any of the 
 following areas: 

    (1) rough framing; 

    (2) finish carpentry; 

    (3) doors, windows, and skylights; 

    (4) porches and decks, excluding footings; 

    (5) wood foundations; and 

    (6) drywall installation, excluding taping and finishing. 

    (d)    Interior finishing.  Interior finishing includes 
 work in any of the following areas: 

    (1) floor covering; 

    (2) wood floors; 

    (3) cabinet and counter top installation; 

    (4) insulation and vapor barriers; 

    (5) interior or exterior painting; 

    (6) ceramic, marble, and quarry tile; 

    (7) ornamental guardrail and installation of prefabricated 
 stairs; and 

    (8) wallpapering. 

    (e)    Exterior finishing.  Exterior finishing includes 
 work in any of the following areas: 

    (1) siding; 

    (2) soffit, fascia, and trim; 

    (3) exterior plaster and stucco; 

    (4) painting; and 

    (5) rain carrying systems, including gutters and down 
 spouts. 

    (f)    Drywall and plaster.  Drywall and plaster 
 includes work in any of the following areas: 

    (1) installation; 

    (2) taping; 

    (3) finishing; 

    (4) interior plaster; 

    (5) painting; and 

    (6) wallpapering. 

    (g)    Roofing.  Roofing includes work in any of the 
 following areas: 

    (1) roof coverings; 

    (2) roof sheathing; 

    (3) roof weatherproofing and insulation; and 

    (4) repair of roof support system, but not construction of 
 new roof support system. 

    (h)    General installation specialties.  Installation 
 includes work in any of the following areas: 

    (1) garage doors and openers; 

    (2) pools, spas, and hot tubs; 

    (3) fireplaces and wood stoves; 

    (4) asphalt paving and seal coating; 

    (5) exterior plaster and stucco; and 

    (6) ornamental guardrail and prefabricated stairs. 

    Subd. 20.    Specialty contractor.  "Specialty 
 contractor" means a person in the business of contracting or 
 offering to contract to build or improve residential real estate 
 by providing one special skill as defined in this section. 

    Subd. 21.    Garage.  "Garage" means a structure 
 attached to or in reasonable proximity to a dwelling, which is 
 used or intended to be used primarily for the protection or 
 storage of automobiles or other personal vehicles owned or 
 driven by the occupants of the dwelling. 

    HIST: 1991 c 306 s 7; 1993 c 9 s 1-3; 1993 c 145 s 2-4; 1993 c 
 245 s 2-13; 1993 c 366 s 18; 1995 c 169 s 1,2; 1997 c 222 s 
 45,46; 1999 c 137 s 6 

     326.84 Licensing requirements. 

    Subdivision 1.    Persons required to be licensed.  A 
 person who meets the definition of a residential remodeler as 
 defined in section 326.83, subdivision 16, or a residential 
 building contractor as defined in section 326.83, subdivision 
 15, must be licensed as a residential building contractor or 
 residential remodeler. 

    Subd. 1a.    Persons who may be licensed.  A person who 
 meets the definition of a specialty contractor as defined in 
 section 326.83, subdivision 20, may be licensed as a residential 
 building contractor or residential remodeler unless required to 
 be licensed by the state as a specialty contractor. 

    Subd. 1b.    Prohibition.  Except as provided in 
 subdivision 3, no persons required to be licensed by subdivision 
 1 may act or hold themselves out as residential building 
 contractors or residential remodelers for compensation without a 
 valid license issued by the commissioner.  

    Subd. 1c.    Licensing criteria.  The examination and 
 education requirements for licensure under sections 326.84 to 
 326.991 must be fulfilled by a qualifying person designated by 
 the potential licensee.  If the qualifying person is a managing 
 employee, the qualifying person must be an employee who is 
 regularly employed by the licensee and is actively engaged in 
 the business of residential contracting or residential 
 remodeling on behalf of the licensee.  For a sole 
 proprietorship, the qualifying person must be the proprietor or 
 managing employee.  For a partnership, the qualifying person 
 must be a general partner or managing employee.  For a limited 
 liability company, the qualifying person must be a chief manager 
 or managing employee.  For a corporation, the qualifying person 
 must be a chief executive officer or managing employee.  A 
 qualifying person for a corporation may act as a qualifying 
 person for one additional corporation if one of the following 
 conditions exists:  

    (1) there is a common ownership of at least 25 percent of 
 each licensed corporation for which the person acts in a 
 qualifying capacity; or 

    (2) one corporation is a subsidiary of another corporation 
 for which the same person acts in a qualifying capacity.  
 "Subsidiary," as used in this section, means a corporation of 
 which at least 25 percent is owned by the parent corporation.  

    Subd. 2. Repealed, 1993 c 245 s 40 

    Subd. 3.    Exemptions.  The license requirement does 
 not apply to: 

    (1) an employee of a licensee performing work for the 
 licensee; 

    (2) a material person, manufacturer, or retailer furnishing 
 finished products, materials, or articles of merchandise who 
 does not install or attach the items; 

    (3) an owner or owners of residential real estate who build 
 or improve residential real estate and who do the work 
 themselves or jointly with the owner's own bona fide employees.  
 This exemption does not apply to a person who engages in a 
 pattern of building or improving real estate for purposes of 
 resale.  Such a pattern is presumed to exist if the person 
 constructs or improves more than one property within any 
 24-month period; 

    (4) an architect or engineer engaging in professional 
 practice as defined in this chapter; 

    (5) a person whose total gross annual receipts from 
 projects regulated under this section do not exceed $15,000; 

    (6) a mechanical contractor; 

    (7) a plumber, electrician, or other person whose 
 profession is otherwise subject to statewide licensing, when 
 engaged in the activity which is the subject of licensure; 

    (8) specialty contractors who provide only one special 
 skill as defined in section 326.83; 

    (9) a school district, or a technical college governed 
 under chapter 136F; 

    (10) manufactured housing installers; and 

    (11) Habitat for Humanity and Builders Outreach Foundation, 
 and their individual volunteers when engaged in activities on 
 their behalf. 

    To qualify for the exemption in clause (5), a person must 
 obtain a certificate of exemption from licensing from the 
 commissioner.  

    A certificate of exemption will be issued upon the 
 applicant's filing with the commissioner, an affidavit stating 
 that the applicant does not expect to exceed $15,000 in gross 
 annual receipts derived from contracting activities during the 
 calendar year for which the exemption is requested. 

    To renew the exemption in clause (5), the applicant must 
 file an affidavit stating that the applicant did not exceed 
 $15,000 in gross annual receipts during the past calendar year, 
 and the applicant does not expect to exceed $15,000 in gross 
 annual receipts during the calendar year for which the exemption 
 is requested. 

    If a person, operating under the exemption in clause (5), 
 exceeds $15,000 in gross receipts during any calendar year, the 
 person must immediately surrender the exemption certificate and 
 apply for the appropriate license.  The person must remain 
 licensed until such time as the person's gross annual receipts 
 during a calendar year fall below $15,000.  The person may then 
 apply for this exemption for the next calendar year. 

    HIST: 1991 c 306 s 8; 1993 c 245 s 14,15; 1995 c 169 s 3; 1996 
 c 395 s 18; 1997 c 222 s 47 

     326.841 Manufactured home installers. 

    Manufactured home installers are subject to all of the 
 requirements of sections 326.83 to 326.98, except for the 
 following: 

    (1) manufactured home installers are not members of the 
 advisory council under section 326.85; 

    (2) manufactured home installers are not subject to the 
 continuing education requirements of section 326.87; 

    (3) the examination requirement of section 326.89, 
 subdivision 3, for manufactured home installers shall be 
 satisfied by successful completion of a written examination 
 designed specifically for manufactured home installers.  The 
 examination must be designed by the commissioner in conjunction 
 with the state building code division.  The commissioner and 
 state building code division shall seek advice on the grading, 
 monitoring, and updating of examinations from the Minnesota 
 manufactured housing association; 

    (4) the amount of the bond required by section 326.94 shall 
 be $2,500 for manufactured home installers; 

    (5) a local government unit may not place a surcharge on a 
 license fee, and may not charge a separate fee to installers; 

    (6) a dealer or distributor who does not install or repair 
 manufactured homes is exempt from licensure under sections 
 326.83 to 326.98; and 

    (7) the exemption under section 326.84, subdivision 3, 
 clause (5), does not apply. 

    HIST: 1993 c 9 s 4; 1997 c 206 s 11 

     326.842 Roofers. 

    Roofers are subject to all of the requirements of sections 
 326.83 to 326.98 and 326.991, except the recovery fund in 
 section 326.975. 

    HIST: 1993 c 145 s 5; 1993 c 366 s 19 

     326.85 Advisory council. 

    Subdivision 1.    Builders advisory council.  The 
 commissioner shall appoint eight persons to the builders 
 advisory council.  At least three members of the council must 
 reside in greater Minnesota, as defined in section 116O.02, 
 subdivision 5.  At least one member of the council must be a 
 residential building contractor, one a residential remodeler, 
 one a specialty contractor, one a representative of the 
 commissioner, one a local building official, one a public 
 member, and one a representative of organized labor designated 
 by the AFL-CIO, this member shall not be subject to the 
 membership term limits under section 15.059.  

    Subd. 2.    Membership terms.  The membership terms, 
 compensation, removal, and filling of vacancies of the council 
 are as provided in section 15.059. 

    Subd. 3.    Duties.  The council shall advise the 
 commissioner on matters related to sections 326.83 to 326.98.  

    Subd. 4.    Nonexpiration.  The council is not subject 
 to the expiration provisions of section 15.059, subdivision 5. 

    HIST: 1991 c 306 s 9; 1993 c 245 s 16; 1997 c 222 s 48 

     326.86 Fees. 

    Subdivision 1.    Licensing fee.  The licensing fee for 
 persons licensed pursuant to sections 326.83 to 326.991 is $100 
 per year.  

    Subd. 2.    Local surcharge.  A local government unit 
 may place a surcharge in an amount no greater than $5 on each 
 building permit that requires a licensed residential building 
 contractor, residential remodeler, or specialty contractor for 
 the purpose of license verification.  The local government may 
 verify a license by telephone or facsimile machine. 

    HIST: 1991 c 306 s 10; 1993 c 245 s 17; 1996 c 305 art 3 s 34; 
 1997 c 200 art 1 s 72; 1999 c 223 art 2 s 46; 1999 c 250 art 3 s 
 28 

*   NOTE:  The amendment to subdivision 1 by Laws 1999, chapter 
*250, article 3, section 28, is effective July 1, 2001.  Laws 
*1999, chapter 250, article 3, section 29. 

*   NOTE:  Laws 1999, chapter 250, article 3, does not repeal 
*rules or fees in effect on June 30, 2001.  Laws 2000, chapter 
*488, article 12, section 23.

     326.87 Continuing education. 

    Subdivision 1.    Standards.  The commissioner, in 
 consultation with the council, may adopt standards for 
 continuing education requirements and course approval.  The 
 standards must include requirements for continuing education in 
 the implementation of energy codes applicable to buildings and 
 other building codes designed to conserve energy.  Except for 
 the course content, the standards must be consistent with the 
 standards established for real estate agents and other 
 professions licensed by the department of commerce.  At a 
 minimum, the content of one hour of any required continuing 
 education must contain information on lead abatement rules and 
 safe lead abatement procedures. 

    Subd. 2.    Hours.  A qualifying person of a licensee 
 must provide proof of completion of seven hours of continuing 
 education per year.  To the extent the commissioner considers it 
 appropriate, courses or parts of courses may be considered to 
 satisfy both continuing education requirements under this 
 section and continuing real estate education requirements. 

    Subd. 3.    Accessibility.  To the extent possible, the 
 commissioner shall ensure that continuing education courses are 
 offered throughout the state and are easily accessible to all 
 licensees. 

    Subd. 4.    Renewal of accreditation.  The commissioner 
 is authorized to establish a procedure for renewal of course 
 accreditation. 

    HIST: 1991 c 306 s 11; 1992 c 522 s 23; 1992 c 595 s 25; 1992 
 c 597 s 17; 1993 c 245 s 18; 1996 c 439 art 4 s 2 

     326.875 Notice of change. 

    Written notice must be given to the commissioner by each 
 licensee of any change in personal name, trade name, qualifying 
 person, address, or business location not later than 15 business 
 days after the change.  The commissioner shall issue an amended 
 license, if required, for the unexpired period. 

    HIST: 1993 c 245 s 19 

     326.88 Loss of qualifying person. 

    Upon the departure or disqualification of a licensee's 
 qualifying person because of death, disability, retirement, 
 position change, or other reason, the licensee must notify the 
 commissioner within 15 business days.  The licensee shall have 
 120 days from the departure of the qualifying person to obtain a 
 new qualifying person.  Failure to secure a new qualifying 
 person within 120 days will result in the automatic termination 
 of the license. 

    HIST: 1991 c 306 s 12; 1993 c 245 s 20 

     326.89 Application and examination. 

    Subdivision 1.    Form.  An applicant for a license 
 under sections 326.83 to 326.98 must submit an application to 
 the commissioner, under oath, on a form prescribed by the 
 commissioner.  Within 30 business days of receiving all required 
 information, the commissioner must act on the license request.  
 If one of the categories in the application does not apply, the 
 applicant must state the reason.  The commissioner may refuse to 
 issue a license if the application is not complete or contains 
 unsatisfactory information.  

    Subd. 2.    Contents.  The application must include the 
 following information regarding the applicant: 

    (1) Minnesota workers' compensation insurance certificate; 

    (2) employment insurance account number; 

    (3) certificate of liability insurance; 

    (4) type of license requested; 

    (5) name and address of the applicant: 

    (i) name and address of the applicant's qualifying person, 
 if other than applicant; and 

    (ii) if the applicant is a sole proprietorship, the name 
 and address of the sole proprietor; if the applicant is a 
 partnership, the name and address of each partner; if the 
 applicant is a limited liability company, the name and address 
 of each governor and manager; if the applicant is a corporation, 
 the name and address of each of the corporate officers, 
 directors, and all shareholders holding more than ten percent of 
 the outstanding stock in the corporation; 

    (6) whether the applicant, any employee, or qualifying 
 person has ever been licensed in this or any other state and has 
 had a professional or vocational license refused, suspended, or 
 revoked, or has been the subject of any administrative action; 

    (7) whether the applicant, qualifying person, or any of the 
 applicant's corporate or partnership directors, limited 
 liability company governors, officers, limited or general 
 partners, managers, all shareholders holding more than ten 
 percent of the share of the corporation that have been issued, 
 or all members holding more than ten percent of the voting power 
 of the membership interests that have been issued, has been 
 convicted of a crime that either related directly to the 
 business for which the license is sought or involved fraud, 
 misrepresentation, or misuse of funds; has suffered a judgment 
 in a civil action involving fraud, misrepresentation, 
 negligence, or breach of contract, or conversion within the ten 
 years prior to the submission of the application; or has had any 
 government license or permit suspended or revoked as a result of 
 an action brought by a federal, state, or local governmental 
 unit or agency in this or any other state; 

    (8) the applicant's and qualifying person's business 
 history for the past five years and whether the applicant, any 
 employee, or qualifying person has ever filed for bankruptcy or 
 protection from creditors or has any unsatisfied judgments 
 against the applicant, employee, or qualifying person; 

    (9) where the applicant is a firm, partnership, sole 
 proprietorship, limited liability company, corporation, or 
 association, whether there has been a sale or transfer of the 
 business or other change in ownership, control, or name in the 
 last five years and the details thereof, and the names and 
 addresses of all prior, predecessor, subsidiary, affiliated, 
 parent, or related entities, and whether each such entity, or 
 its owners, officers, directors, members or shareholders holding 
 more than ten percent of the stock, or an employee has ever 
 taken or been subject to an action that is subject to clause 
 (6), (7), or (8) in the last ten years; and 

    (10) whether the qualifying person is the qualifying person 
 for more than one licensee. 

    For purposes of this subdivision, "applicant" includes 
 employees who exercise management or policy control over the 
 residential contracting and remodeling activities in the state 
 of Minnesota, including affiliates, partners, directors, 
 governors, officers, limited or general partners, managers, all 
 shareholders holding more than ten percent of the shares that 
 have been issued, a shareholder holding more than ten percent of 
 the voting power of the shares that have been issued, or all 
 members holding more than ten percent of the membership 
 interests that have been issued or more than ten percent of the 
 voting power of the membership interests that have been issued. 

    The commissioner may require further information as the 
 commissioner deems appropriate to administer the provisions and 
 further the purposes of this chapter.  

    Subd. 3.    Examination.  (a) Each qualifying person 
 must satisfactorily complete a written examination for the type 
 of license requested.  The commissioner may establish the 
 examination qualifications, including related education 
 experience and education, the examination procedure, and the 
 examination for each licensing group.  The examination must 
 include at a minimum the following areas: 

    (1) appropriate knowledge of technical terms commonly used 
 and the knowledge of reference materials and code books to be 
 used for technical information; and 

    (2) understanding of the general principles of business 
 management and other pertinent state laws. 

    (b) Each examination must be designed for the specified 
 type of license requested.  The council shall advise the 
 commissioner on the grading, monitoring, and updating of 
 examinations. 

    (c) A person's passing examination results expire two years 
 from the examination date.  A person who passes the examination 
 but does not choose to apply to act as a qualifying person for a 
 licensee within two years from the examination date, must, upon 
 application provide: 

    (1) passing examination results within two years from the 
 date of application; or 

    (2) proof that the person has fulfilled the continuing 
 education requirements in section 326.87 in the manner required 
 for a qualifying person of a licensee for each license period 
 after the expiration of the examination results. 

    Subd. 3a. Repealed, 1999 c 137 s 11 

    Subd. 4.    Competency skills.  The commissioner shall, 
 in consultation with the council, determine the competency 
 skills and installation knowledge required for the licensing of 
 specialty contractors. 

    Subd. 5.    Exemption.  A general retailer whose primary 
 business is not being a residential building contractor, 
 remodeler, or specialty contractor and who has completed a 
 comparable license examination in another state is exempt from 
 subdivisions 3 and 4 and sections 326.87 and 326.88. 

    Subd. 6.    Additional licensing requirements.  As an 
 alternative to denying an application for licensure pursuant to 
 section 326.91, subdivision 1, the commissioner may, as a 
 condition of licensure and based upon information received 
 pursuant to section 326.89, subdivision 2, clauses (6) to (8), 
 or a finding pursuant to section 326.91, subdivision 1, clauses 
 (1) to (9), impose additional insurance, bonding, reporting, 
 recordkeeping, and other requirements on the applicant as are 
 reasonable to protect the public. 

    HIST: 1991 c 306 s 13; 1993 c 245 s 21-24; 1999 c 137 s 7 

     326.90 Local licenses. 

    Subdivision 1.    Local license prohibited.  Except as 
 provided in sections 326.991 and 326.90, subdivision 2, a 
 political subdivision may not require a person licensed under 
 sections 326.83 to 326.991 to also be licensed under any 
 ordinance, law, rule, or regulation of the political 
 subdivision.  This section does not prohibit charges for 
 building permits or other charges not directly related to 
 licensure. 

    Subd. 2.    Exception.  This section does not prohibit a 
 political subdivision from requiring licensure or certification 
 under any ordinance, law, rule, or regulation of the political 
 subdivision for persons who engage in the installation of an 
 on-site sewage treatment system. 

    HIST: 1991 c 306 s 14; 1993 c 245 s 25 

     326.91 Denial, suspension, or revocation of licenses. 

    Subdivision 1.    Cause.  The commissioner may by order 
 deny, suspend, or revoke any license or may censure a licensee, 
 and may impose a civil penalty as provided for in section 
 45.027, subdivision 6, if the commissioner finds that the order 
 is in the public interest, and that the applicant, licensee, or 
 affiliate of an applicant or licensee, or other agent, owner, 
 partner, director, governor, shareholder, member, officer, 
 qualifying person, or managing employee of the applicant or 
 licensee or any person occupying a similar status or performing 
 similar functions:  

    (1) has filed an application for a license which is 
 incomplete in any material respect or contains any statement 
 which, in light of the circumstances under which it is made, is 
 false or misleading with respect to any material fact; 

    (2) has engaged in a fraudulent, deceptive, or dishonest 
 practice; 

    (3) is permanently or temporarily enjoined by any court of 
 competent jurisdiction from engaging in or continuing any 
 conduct or practice involving any aspect of the business; 

    (4) has failed to reasonably supervise employees, agents, 
 subcontractors, or salespersons, or has performed negligently or 
 in breach of contract, so as to cause injury or harm to the 
 public; 

    (5) has violated or failed to comply with any provision of 
 sections 326.83 to 326.98 or any rule or order under sections 
 326.83 to 326.98; 

    (6) has been shown to be incompetent, untrustworthy, or 
 financially irresponsible; 

    (7) has been convicted of a violation of the State Building 
 Code; 

    (8) has failed to use the proceeds of any payment made to 
 the licensee for the construction of, or any improvement to, 
 residential real estate, as defined in section 326.83, 
 subdivision 17, for the payment of labor, skill, material, and 
 machinery contributed to the construction or improvement, 
 knowing that the cost of any labor performed, or skill, 
 material, or machinery furnished for the improvement remains 
 unpaid; 

    (9) has not furnished to the person making payment either a 
 valid lien waiver as to any unpaid labor performed, or skill, 
 material, or machinery furnished for an improvement, or a 
 payment bond in the basic amount of the contract price for the 
 improvement conditioned for the prompt payment to any person or 
 persons entitled to payment; 

    (10) has engaged in conduct which was the basis for a 
 contractor's recovery fund payment pursuant to section 326.975, 
 which payment has not been reimbursed; 

    (11) has engaged in bad faith, unreasonable delays, or 
 frivolous claims in defense of a civil lawsuit arising out of 
 their activities as a licensee under this chapter; 

    (12) has had a judgment entered against them for failure to 
 make payments to employees or subcontractors, and all appeals of 
 the judgment have been exhausted or the period for appeal has 
 expired; 

    (13) if unlicensed, has obtained a building permit by the 
 fraudulent use of a fictitious license number or the license 
 number of another, or, if licensed, has knowingly allowed an 
 unlicensed person to use the licensee's license number for the 
 purpose of fraudulently obtaining a building permit; or 

    (14) has made use of forged mechanics' lien waivers under 
 chapter 514. 

    Subd. 2.    Administrative action.  Section 45.027 
 applies to any action taken by the commissioner in connection 
 with the administration of sections 326.83 to 326.991. 

    Nothing in this section prevents the commissioner from 
 denying, suspending, revoking, or restricting a license, or from 
 censuring a licensee based on acts or omissions not specifically 
 enumerated in this subdivision. 

    Subd. 3.    Certificate of exemption holders.  For cause 
 shown under subdivision 1 or 2, the commissioner may deny, 
 suspend, or revoke a certificate of exemption issued under 
 section 326.84, subdivision 3, clause (5), in the same manner as 
 a license.  

    Subd. 4.    Action against unlicensed persons.  Nothing 
 in this section prevents the commissioner from taking actions, 
 including cease and desist actions, against persons required to 
 be licensed under sections 326.83 to 326.991, based on conduct 
 that would provide grounds for administrative action against a 
 licensee under this section. 

    HIST: 1991 c 306 s 15; 1993 c 245 s 26,27; 1995 c 169 s 4; 
 1996 c 439 art 4 s 3,4 

     326.92 Penalties. 

    Subdivision 1.    Misdemeanor.  A person required to be 
 licensed under sections 326.83 to 326.991 who performs 
 unlicensed work is guilty of a misdemeanor. 

    Subd. 1a.    Gross misdemeanor.  A person required to be 
 licensed under sections 326.84 to 326.991 who violates an order 
 under subdivision 3 is guilty of a gross misdemeanor. 

    Subd. 2.    Lien rights.  An unlicensed person who 
 knowingly violates sections 326.83 to 326.98 has no right to 
 claim a lien under section 514.01 and the lien is void.  Nothing 
 in this section affects the lien rights of material suppliers 
 and licensed contractors to the extent provided by law. 

    Subd. 3.    Commissioner action.  The commissioner may 
 bring actions, including cease and desist actions, against any 
 person licensed or required to be licensed under sections 326.83 
 to 326.991 to protect the public health, safety, and welfare. 

    HIST: 1991 c 306 s 16; 1993 c 245 s 28,29; 1999 c 137 s 8 

     326.921 Building permit conditioned on licensure. 

    A political subdivision shall not issue a building permit 
 to an unlicensed person who is required to be licensed under 
 sections 326.83 to 326.991.  A political subdivision that issues 
 zoning or land use permits in lieu of a building permit shall 
 not issue those permits to an unlicensed person who is required 
 to be licensed under sections 326.83 to 326.991.  The political 
 subdivision shall report the person applying for the permit to 
 the commissioner who may bring an action against the person. 

    HIST: 1993 c 245 s 30; 1997 c 222 s 49; 1998 c 254 art 1 s 86 

     326.93 Service of process; nonresident licensing. 

    Subdivision 1.    License.  A nonresident of Minnesota 
 may be licensed as a residential building contractor or 
 residential remodeler upon compliance with all the provisions of 
 sections 326.83 to 326.991. 

    Subd. 2.    Service of process.  Service of process upon 
 a person performing work in the state of a type that would 
 require a license under sections 326.83 to 326.98 may be made as 
 provided in section 45.028. 

    HIST: 1991 c 306 s 17; 1993 c 245 s 31 

     326.94 Bond; insurance. 

    Subdivision 1.    Bond.  (a) Licensed manufactured home 
 installers and licensed roofers must post a license bond with 
 the commissioner, conditioned that the applicant shall 
 faithfully perform the duties and in all things comply with all 
 laws, ordinances, and rules pertaining to the license or permit 
 applied for and all contracts entered into.  The annual bond 
 must be continuous and maintained for so long as the licensee 
 remains licensed.  The aggregate liability of the surety on the 
 bond to any and all persons, regardless of the number of claims 
 made against the bond, may not exceed the amount of the bond.  
 The bond may be canceled as to future liability by the surety 
 upon 30 days' written notice mailed to the commissioner by 
 regular mail. 

    (b) A licensed roofer must post a bond of at least $5,000.  

    Subd. 2.    Insurance.  Licensees must have public 
 liability insurance with limits of at least $100,000 per 
 occurrence, which must include at least $10,000 property damage 
 coverage.  The insurance must be written by an insurer licensed 
 to do business in this state.  The commissioner may increase the 
 minimum amount of insurance required for any licensee or class 
 of licensees if the commissioner considers it to be in the 
 public interest and necessary to protect the interests of 
 Minnesota consumers. 

    HIST: 1991 c 306 s 18; 1993 c 245 s 32; 1999 c 137 s 9 

     326.945 Residential building contractors and remodelers; 
  bond maintenance until license renewal. 

    Subdivision 1.    Residential building contractors and 
 remodelers licensed as of June 30, 1993.  A residential 
 building contractor or remodeler licensed under section 326.84 
 who had a license in effect as of June 30, 1993, must, until the 
 license is renewed, continuously maintain the license bond which 
 was posted with the commissioner under section 326.94 when the 
 person was initially licensed.  

    Subd. 2.    Residential building contractors and 
 remodelers licensed on or after July 1, 1993.  A residential 
 building contractor or remodeler who obtains a license on or 
 after July 1, 1993, but before April 1, 1994, must post a 
 license bond with the commissioner, conditioned that the 
 applicant shall faithfully perform the duties and in all things 
 comply with all laws, ordinances, and rules pertaining to the 
 license or permit applied for and all contracts entered into, 
 and must continuously maintain the license bond until the 
 license is renewed.  The required license bond must be in the 
 following amount: 

    (1) $5,000 for a residential building contractor or 
 remodeler with annual gross receipts of $1,000,000 or less; 

    (2) $10,000 for a residential building contractor or 
 remodeler with annual gross receipts of more than $1,000,000 but 
 less than $5,000,000; or 

    (3) $15,000 for a residential building contractor or 
 remodeler with annual gross receipts of $5,000,000 or more. 

    Subd. 3.    Residential building contractors and 
 remodelers; recovery fund fee prorated.  A residential 
 building contractor or remodeler licensed under section 326.84, 
 who does not maintain a license bond under section 326.94, shall 
 pay a one-twelfth share of the contractor's recovery fund fee 
 set in section 326.975, subdivision 1, paragraph (a), clause 
 (1), in lieu of the license bond for each month or any portion 
 of a month the licensee is not bonded prior to license renewal. 

    HIST: 1994 c 404 s 2 

     326.95 License number; advertising. 

    Subdivision 1.    License number must be displayed.  The 
 license number of a licensee must be placed on all building 
 permits and building permit applications made to or issued by 
 the state or a political subdivision.  In jurisdictions that 
 have not adopted the State Building Code, the license number 
 must be placed on the site plan review or zoning permit.  
 License numbers must be on all business cards and all contracts 
 to perform work for which a license is required. 

    Subd. 2.    Advertising.  The license number of a 
 licensee must appear in any advertising by that licensee 
 including but not limited to signs, vehicles, business cards, 
 published display ads, flyers, and brochures. 

    Subd. 3.    Contracts.  Contracts entered into by a 
 licensee must state that the person is licensed and must state 
 the license number. 

    Subd. 4. Repealed, 1996 c 439 art 4 s 6 

    HIST: 1991 c 306 s 19; 1995 c 169 s 5 

     326.951 Disclosures. 

    If a licensee sells or offers to sell residential property, 
 constructed by the licensee, which is or has been occupied by 
 the licensee, the licensee must, prior to entering into a 
 binding purchase agreement, provide to the buyer a written 
 disclosure which states that any claims that arise as a result 
 of the licensee's construction of the property:  (1) will not be 
 covered under the statutory warranty established by chapter 
 327A, and (2) if the licensee has occupied the residential 
 property for one year or more, will not be eligible for 
 reimbursement from the contractor's recovery fund. 

    HIST: 1993 c 245 s 33 

     326.96 Public education. 

    The commissioner may develop materials and programs to 
 educate the public concerning licensing requirements and methods 
 for reporting unlicensed contracting activity. 

    HIST: 1991 c 306 s 20 

     326.97 License renewal. 

    Subdivision 1.    Renewal.  Licensees whose applications 
 have been properly and timely filed and who have not received 
 notice of denial of renewal are considered to have been approved 
 for renewal and may continue to transact business whether or not 
 the renewed license has been received.  Applications are timely 
 if received or postmarked by March 1 of the renewal year.  
 Applications must be made on a form approved by the commissioner.

    Subd. 1a.    Annual renewal.  Any license issued or 
 renewed after August 1, 1993, must be renewed annually. 

    Subd. 2.    Failure to apply.  A person who has failed 
 to make a timely application for renewal of a license by March 
 31 of the renewal year is unlicensed until the license has been 
 issued by the commissioner and is received by the applicant. 

    Subd. 3. Repealed, 1996 c 439 art 4 s 6 

    HIST: 1991 c 306 s 21; 1993 c 245 s 34,35 

     326.975 Contractor's recovery fund. 

    Subdivision 1.    Generally.  (a) In addition to any 
 other fees, each applicant for a license under sections 326.83 
 to 326.98 shall pay a fee to the contractor's recovery fund.  
 The contractor's recovery fund is created in the state treasury 
 and must be administered by the commissioner in the manner and 
 subject to all the requirements and limitations provided by 
 section 82.34 with the following exceptions: 

    (1) each licensee who renews a license shall pay in 
 addition to the appropriate renewal fee an additional fee which 
 shall be credited to the contractor's recovery fund.  The amount 
 of the fee shall be based on the licensee's gross annual 
 receipts for the licensee's most recent fiscal year preceding 
 the renewal, on the following scale: 

           Fee           Gross Receipts
           $100          under $1,000,000
           $150          $1,000,000 to $5,000,000
           $200          over $5,000,000

 Any person who receives a new license shall pay a fee based on 
 the same scale; 

    (2) the sole purpose of this fund is to compensate any 
 aggrieved owner or lessee of residential property located within 
 this state who obtains a final judgment in any court of 
 competent jurisdiction against a licensee licensed under section 
 326.84, on grounds of fraudulent, deceptive, or dishonest 
 practices, conversion of funds, or failure of performance 
 arising directly out of any transaction when the judgment debtor 
 was licensed and performed any of the activities enumerated 
 under section 326.83, subdivision 19, on the owner's residential 
 property or on residential property rented by the lessee, or on 
 new residential construction which was never occupied prior to 
 purchase by the owner, or which was occupied by the licensee for 
 less than one year prior to purchase by the owner, and which 
 cause of action arose on or after April 1, 1994; 

    (3) nothing may obligate the fund for more than $50,000 per 
 claimant, nor more than $50,000 per licensee; and 

    (4) nothing may obligate the fund for claims based on a 
 cause of action that arose before the licensee paid the recovery 
 fund fee set in clause (1), or as provided in section 326.945, 
 subdivision 3.  

    (b) Should the commissioner pay from the contractor's 
 recovery fund any amount in settlement of a claim or toward 
 satisfaction of a judgment against a licensee, the license shall 
 be automatically suspended upon the effective date of an order 
 by the court authorizing payment from the fund.  No licensee 
 shall be granted reinstatement until the licensee has repaid in 
 full, plus interest at the rate of 12 percent a year, twice the 
 amount paid from the fund on the licensee's account, and has 
 obtained a surety bond issued by an insurer authorized to 
 transact business in this state in the amount of at least 
 $40,000.  

    Subd. 2.    Accelerated claims payment.  Recovery fund 
 claims that do not exceed the jurisdiction limits for 
 conciliation court matters as specified in section 491A.01 shall 
 be paid on an accelerated basis if all of the following 
 requirements have been satisfied: 

    (a) When any aggrieved person obtains a judgment in any 
 court of competent jurisdiction, regardless of whether the 
 judgment has been discharged by a bankruptcy court against a 
 residential building contractor or residential remodeler on 
 grounds specified in subdivision 1, paragraph (a), clause (2), 
 the aggrieved person may file a verified application with the 
 commissioner for payment out of the fund of the amount of actual 
 and direct out-of-pocket loss in the transaction, but excluding 
 any attorney fees, interest on the loss and on any judgment 
 obtained as a result of the loss, up to the conciliation court 
 jurisdiction limits, of the amount unpaid upon the judgment.  
 For purposes of this section, persons who are joint tenants or 
 tenants in common are deemed to be a single claimant. 

    (b) The commissioner has sent the licensee a copy of the 
 verified application by first-class mail to the licensee's 
 address as it appears in the records of the department of 
 commerce with a notice that the claim will be paid 15 days from 
 the date of the notice unless the licensee notifies the 
 commissioner prior to that date of the commencement of an appeal 
 of the judgment, if the time for appeal has not expired, and 
 that payment of the claim will result in automatic suspension of 
 the licensee's license. 

    (c) If the licensee does not notify the commissioner of the 
 commencement of an appeal, the commissioner shall pay the claim 
 at the end of the 15-day period. 

    (d) If an appeal is commenced, the payment of the claim is 
 stayed until the conclusion of the appeal. 

    (e) The commissioner may pay claims which total no more 
 than $15,000 against the licensee under this accelerated 
 process.  The commissioner may prorate the amount of claims paid 
 under this subdivision if claims in excess of $15,000 against 
 the licensee are submitted.  Any unpaid portions of such claims 
 shall be satisfied in the manner set forth in subdivision 1. 

    Subd. 3.    Appropriation.  Money in the contractor's 
 recovery fund is appropriated to the commissioner for the 
 purposes of this section. 

    HIST: 1993 c 245 s 36; 1994 c 404 s 1; 1994 c 465 art 2 s 17; 
 1995 c 169 s 6; 2000 c 483 s 50 

     326.98 Rules. 

    The commissioner may adopt rules to administer and enforce 
 sections 326.83 to 326.98. 

    HIST: 1991 c 306 s 22 

  326.99 Repealed, 1996 c 439 art 4 s 6 

     326.991 Exception. 

    Subdivision 1.  The license requirement under section 
 326.84 does not apply to a residential building contractor, 
 residential remodeler, or specialty contractor licensed by the 
 city of Minneapolis and who is performing work within the legal 
 boundaries of that municipality.  

    This subdivision expires March 31, 2000. 

    Subd. 2.  The commissioner may contract with the city of 
 Minneapolis to administer this licensing program. 

    HIST: 1991 c 306 s 24,26; 1992 c 512 art 4 s 60; 1993 c 245 s 
 38; 1994 c 465 s 63,64; 1996 c 439 art 4 s 5