Subdivision 1. Registration procedures.
The commissioner shall establish forms and
procedures for annual registration of housing with services establishments. The commissioner
shall charge an annual registration fee of $35. No fee shall be refunded. A registered establishment
shall notify the commissioner within 30 days of the date it is no longer required to be registered
under this chapter or of any change in the business name or address of the establishment, the name
or mailing address of the owner or owners, or the name or mailing address of the managing agent.
There shall be no fee for submission of the notice.
Subd. 1a. Surcharge for injunctive relief actions.
The commissioner shall assess each
housing with services establishment that offers or provides assisted living under chapter 144G a
surcharge on the annual registration fee paid under subdivision 1, to pay for the commissioner's
costs related to bringing actions for injunctive relief under section 144G.02, subdivision 2,
paragraph (b), on or after July 1, 2007. The commissioner shall assess surcharges using a sliding
scale under which the surcharge amount increases with the client capacity of an establishment.
The commissioner shall adjust the surcharge as necessary to recover the projected costs of
bringing actions for injunctive relief. The commissioner shall adjust the surcharge in accordance
with section 16A.1285.
Subd. 2. Registration information.
The establishment shall provide the following
information to the commissioner in order to be registered:
(1) the business name, street address, and mailing address of the establishment;
(2) the name and mailing address of the owner or owners of the establishment and, if the
owner or owners are not natural persons, identification of the type of business entity of the owner
or owners, and the names and addresses of the officers and members of the governing body, or
comparable persons for partnerships, limited liability corporations, or other types of business
organizations of the owner or owners;
(3) the name and mailing address of the managing agent, whether through management
agreement or lease agreement, of the establishment, if different from the owner or owners, and the
name of the on-site manager, if any;
(4) verification that the establishment has entered into a housing with services contract, as
required in section 144D.04, with each resident or resident's representative;
(5) verification that the establishment is complying with the requirements of section
(6) the name and address of at least one natural person who shall be responsible for dealing
with the commissioner on all matters provided for in sections 144D.01 to 144D.06, and on whom
personal service of all notices and orders shall be made, and who shall be authorized to accept
service on behalf of the owner or owners and the managing agent, if any; and
(7) the signature of the authorized representative of the owner or owners or, if the owner
or owners are not natural persons, signatures of at least two authorized representatives of each
owner, one of which shall be an officer of the owner.
Personal service on the person identified under clause (6) by the owner or owners in the
registration shall be considered service on the owner or owners, and it shall not be a defense to
any action that personal service was not made on each individual or entity. The designation of one
or more individuals under this subdivision shall not affect the legal responsibility of the owner or
owners under sections 144D.01 to 144D.06.
History: 1995 c 207 art 9 s 31; 1997 c 113 s 11; 1Sp2001 c 9 art 1 s 41; 2002 c 379 art 1 s
113; 2006 c 282 art 19 s 7,8
NOTE: Subdivision 1a, as added by Laws 2006, chapter 282, article 19, section 7, is
effective for annual registrations submitted on or after July 1, 2007. Laws 2006, chapter 282,
article 19, section 7, the effective date.