17.982 CRIMINAL AND ADMINISTRATIVE PENALTIES.
Subdivision 1. Criminal penalties.
A person who violates a provision of chapter 28A, 29,
31, 31A, 31B, or 34 for which a penalty has not been prescribed is guilty of a misdemeanor.
Subd. 2. Administrative penalties.
(a) The commissioner may, as an alternative to
misdemeanor prosecution, impose an administrative penalty on a person who violates a statute
or rule enforceable by the commissioner. For a first violation, the commissioner may impose an
administrative penalty of not more than $1,000 for each violation. For a second or succeeding
violation, the commissioner may impose an administrative penalty of not more than $1,500 for
each violation. Each day a violation continues is a separate violation.
(b) In determining the amount of the administrative penalty the commissioner may consider:
(1) the willfulness of the violation;
(2) the gravity of the violation;
(3) the person's history of past violations;
(4) the number of violations;
(5) the economic benefit from the violation; and
(6) other factors identified in the commissioner's citation.
(c) For a second or succeeding violation, the commissioner shall determine the amount of a
penalty by considering the factors in paragraph (b) and:
(1) similarity between the violations;
(2) time elapsed since the last violation; and
(3) the person's response to the most recent violation.
History: 1991 c 316 s 2; 1999 c 231 s 34; 1Sp2005 c 1 art 1 s 11