2006 Minnesota Statutes

148C.093 ADDITIONAL REMEDIES.
    Subdivision 1. Cease and desist. The board may issue a cease and desist order to stop a
person from violating or threatening to violate a statute, rule, or order which the board has issued
or has authority to enforce. The cease and desist order must state the reason for its issuance and
give notice of the person's right to request a hearing under sections 14.57 to 14.62. If, within 15
days of service of the order, the subject of the order fails to request a hearing in writing, the order
is the final order of the board and is not reviewable by a court or agency.
A hearing must be initiated by the board not later than 30 days from the date of the board's
receipt of a written hearing request. Within 30 days of receipt of the administrative law judge's
report, and any written agreement or exceptions filed by the parties, 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.
When a request for a stay accompanies a timely hearing request, the board may, in the
board's discretion, grant the stay. If the board does not grant a requested stay, the board shall refer
the request to the Office of Administrative Hearings within three working days of receipt of the
request. Within ten days after receiving the request from the board, an administrative law judge
shall issue a recommendation to grant or deny the stay. The board shall grant or deny the stay
within five working days of receiving the administrative law judge's recommendation.
In the event of noncompliance with a cease and desist order, the board may institute a
proceeding in district court to obtain injunctive relief or other appropriate relief, including a civil
penalty payable to the board not exceeding $10,000 for each separate violation.
    Subd. 2. Injunctive relief. In addition to any other remedy provided by law, including the
issuance of a cease and desist order under subdivision 1, the board may in the board's own name
bring an action in district court for injunctive relief to restrain an alcohol and drug counselor from
a violation or threatened violation of any statute, rule, or order which the board has authority to
administer, enforce, or issue.
    Subd. 3. Additional powers. The issuance of a cease and desist order or injunctive relief
granted under this section does not relieve a counselor from criminal prosecution by a competent
authority or from disciplinary action by the board.
History: 1995 c 164 s 19; 2003 c 118 s 28; 2004 c 279 art 5 s 9