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

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

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

Subd. 3. Civil penalty. The secretary may by order impose and collect a civil monetary penalty against a licensed certification authority for a violation of this chapter in an amount not to exceed $5,000 per incident. In case of a violation continuing for more than one day, each day is considered a separate incident. The secretary may adopt rules setting the standards governing the determination of the penalty amounts.

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

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

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

HIST: 1997 c 178 s 8; 1998 c 321 s 15,16; 2000 c 395 s 16

Official Publication of the State of Minnesota
Revisor of Statutes