2002 Minnesota Statutes

     17.983 Administrative penalties and enforcement. 

    Subdivision 1.    Administrative penalties; citation.  
 If a person has violated chapter 29, 31, 31A, 31B, 32, or 34, 
 the commissioner may issue a written citation to the person by 
 personal service or by certified mail.  The citation shall 
 describe the nature of the violation and the statute or rule 
 alleged to have been violated; state the time for correction; 
 and the amount of any proposed fine.  The citation must advise 
 the person to notify the commissioner in writing within 30 days 
 if the person wishes to appeal the citation.  If the person 
 fails to appeal the citation, the citation is the final order 
 and not subject to further review.  

    Subd. 2.    Failure to correct.  If a person fails to 
 correct a violation within the time prescribed by the 
 commissioner, the commissioner shall notify the person by 
 certified mail of the failure to correct and the penalty amount 
 assessed.  The notice must state that the person must notify the 
 commissioner in writing within 30 days if the person wishes to 
 appeal the penalty.  If the person fails to appeal the penalty 
 in writing within 30 days of receipt of the notice, the penalty 
 is a final order and not subject to further review.  

    Subd. 3.    Contested case.  If a person appeals a 
 citation or a penalty assessment within the time limits in 
 subdivisions 1 and 2, the commissioner, within 40 days after 
 receiving the appeal, shall initiate a contested proceeding 
 under chapter 14.  The report of the administrative law judge is 
 the final decision of the commissioner of agriculture.  

    HIST: 1991 c 316 s 3; 1993 c 65 s 2; 1999 c 231 s 35