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Minnesota Legislature

Office of the Revisor of Statutes

(a) A license may be suspended or revoked by the commissioner on the following grounds:
(1) material misstatement in application for license;
(2) intentional failure to comply with any provision of sections 53C.01 to 53C.14 relating to
retail installment contract;
(3) defrauding any retail buyer to the buyer's damage;
(4) fraudulent misrepresentation, circumvention or concealment by the licensee through
whatever subterfuge or device of any of the material particulars or the nature thereof required to
be stated or furnished to the retail buyer under sections 53C.01 to 53C.14.
(b) If a licensee is a firm, association or corporation, it shall be sufficient cause for the
suspension or revocation of a license that any officer, director or trustee of a licensed firm,
association or corporation, or any member of a licensed partnership, has so acted or failed to
act as would be cause for suspending or revoking a license to such part as an individual. Each
licensee shall be responsible for the acts of any or all of the licensee's employees while acting
as the licensee's agent, if the licensee after actual knowledge of that employee's act retained the
benefits, proceeds, profits or advantages accruing from the acts or otherwise ratified the acts.
(c) No license shall be suspended or revoked except after hearing. The commissioner shall
give the licensee at least ten days' written notice, in the form of an order to show cause, of the
time and place of the hearing by certified mail addressed to the principal place of business in this
state of the licensee. The notice shall contain the grounds of complaint against the licensee.
Any order suspending or revoking the license shall recite the grounds upon which it is based.
The order shall be entered upon the records of the commissioner and shall not be effective
until after 30 days' written notice thereof given after such entry forwarded by certified mail to
the licensee at such principal place of business. No revocation, suspension or surrender of any
license shall impair or affect the obligation of any lawful retail installment contract acquired
previously thereto by the licensee.
(d) Within 30 days after the service of notice of any order of suspension or revocation of
a license, the licensee aggrieved may appeal from the order to the district court for the county
in which the principal place of business of the licensee in this state is located, by service of a
written notice of appeal upon the commissioner, and filing it with proof of service with the court
administrator of the court to which the appeal is taken, within five days. The district court has
jurisdiction over the appeal. It shall be entered upon the records of the court and tried according to
the Rules of Civil Procedure in so far as they are applicable. Upon receiving service of a notice
of appeal, the commissioner shall file with the court administrator of the district court to which
the appeal is taken a certified copy of the order appealed from and of the order to show cause
upon which it was based. Unless otherwise ordered by the court, the documents filed shall frame
the issues to be determined upon the appeal. The court shall determine, de novo, all questions,
both of fact and of law, touching upon the legality and reasonableness of the determination of
the commissioner, and shall render such judgment as shall be lawful and just. Pending final
judgment on the appeal, the order appealed from shall be stayed. Upon motion of the licensee or
the commissioner, the appeal shall be tried ahead of all other actions pending before the court
except criminal cases. Appeals may be taken as in other civil cases.
History: 1957 c 266 s 3; 1978 c 674 s 60; 1983 c 247 s 68; 1986 c 444; 1Sp1986 c 3 art 1
s 82; 2005 c 19 s 1