Subdivision 1. Remedies available.
The provisions of chapters 103I and 157 and sections
144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14),
and all rules, orders, stipulation agreements, settlements,
compliance agreements, licenses, registrations, certificates, and permits adopted or issued by the
department or under any other law now in force or later enacted for the preservation of public
health may, in addition to provisions in other statutes, be enforced under this section.
Subd. 2. Access to information and property.
The commissioner or an employee or agent
authorized by the commissioner, upon presentation of credentials, may:
(1) examine and copy any books, papers, records, memoranda, or data of any person subject
to regulation under the statutes listed in subdivision 1; and
(2) enter upon any property, public or private, for the purpose of taking any action authorized
under statutes, rules, or other actions listed in subdivision 1 including obtaining information from
a person who has a duty to provide information under the statutes listed in subdivision 1, taking
steps to remedy violations, or conducting surveys or investigations.
Subd. 3. Correction orders.
(a) The commissioner may issue correction orders that require a
person to correct a violation of the statutes, rules, and other actions listed in subdivision 1. The
correction order must state the deficiencies that constitute the violation; the specific statute, rule,
or other action; and the time by which the violation must be corrected.
(b) If the person believes that the information contained in the commissioner's correction
order is in error, the person may ask the commissioner to reconsider the parts of the order that are
alleged to be in error. The request must be in writing, delivered to the commissioner by certified
mail within seven calendar days after receipt of the order, and:
(1) specify which parts of the order for corrective action are alleged to be in error;
(2) explain why they are in error; and
(3) provide documentation to support the allegation of error.
The commissioner must respond to requests made under this paragraph within 15 calendar
days after receiving a request. A request for reconsideration does not stay the correction order;
however, after reviewing the request for reconsideration, the commissioner may provide
additional time to comply with the order if necessary. The commissioner's disposition of a request
for reconsideration is final.
Subd. 4. Administrative penalty orders.
(a) The commissioner may issue an order requiring
violations to be corrected and administratively assessing monetary penalties for violations of the
statutes, rules, and other actions listed in subdivision 1. The procedures in section
be followed when issuing administrative penalty orders. Except in the case of repeated or serious
violations, the penalty assessed in the order must be forgiven if the person who is subject to the
order demonstrates in writing to the commissioner before the 31st day after receiving the order
that the person has corrected the violation or has developed a corrective plan acceptable to the
commissioner. The maximum amount of an administrative penalty order is $10,000 for each
violator for all violations by that violator identified in an inspection or review of compliance.
(b) Notwithstanding paragraph (a), the commissioner may issue to a large public water
supply, serving a population of more than 10,000 persons, an administrative penalty order
imposing a penalty of at least $1,000 per day per violation, not to exceed $10,000 for each
violation of sections
and rules adopted thereunder.
Subd. 5. Injunctive relief.
In addition to any other remedy provided by law, the
commissioner may bring an action for injunctive relief in the district court in Ramsey County or,
at the commissioner's discretion, in the district court in the county in which a violation of the
statutes, rules, or other actions listed in subdivision 1 has occurred to enjoin the violation.
Subd. 6. Cease and desist.
The commissioner, or an employee of the department designated
by the commissioner, may issue an order to cease an activity covered by subdivision 1 if
continuation of the activity would result in an immediate risk to public health. An order issued
under this paragraph is effective for a maximum of 72 hours. In conjunction with the issuance of
the cease and desist order, the commissioner may post a sign to cease an activity until the cease
and desist order is lifted and the sign is removed by the commissioner. The commissioner must
seek an injunction or take other administrative action authorized by law to restrain activities
for a period beyond 72 hours. The issuance of a cease and desist order does not preclude the
commissioner from pursuing any other enforcement action available to the commissioner.
Subd. 7. Plan for use of administrative penalties and cease and desist authority.
commissioner of health shall prepare a plan for using the administrative penalty and cease and
desist authority in this section. The commissioner shall provide a 30-day period for public
comment on the plan. The plan must be finalized by December 1, 1993.
Subd. 8. Denial or refusal to reissue permits, licenses, registrations, or certificates.
The commissioner may deny or refuse to renew an application for a permit, license, registration,
or certificate required under the statutes or rules cited in subdivision 1, if the applicant does not
meet or fails to maintain the minimum qualifications for holding a permit, license, registration, or
certificate or has any unresolved violations related to the activity for which the permit, license,
registration, or certificate was issued.
(b) The commissioner may also deny or refuse to renew a permit, license, registration, or
certificate required under the statutes or rules cited in subdivision 1 if the applicant has a persistent
pattern of violations related to the permit, license, registration, or certificate, or if the applicant
submitted false material information to the department in connection with the application.
(c) The commissioner may condition the grant or renewal of a permit, license, registration,
or certificate on a demonstration by the applicant that actions needed to ensure compliance with
the requirements of the statutes listed in subdivision 1 have been taken, or may place conditions
on or issue a limited permit, license, registration, or certificate as a result of previous violations
by the applicant.
Subd. 9. Suspension or revocation of permits, licenses, registrations, or certificates.
commissioner may suspend, place conditions on, or revoke a permit, license, registration, or
certificate issued under the statutes or rules cited in subdivision 1 for:
(1) serious or repeated violations of the requirements in the statutes, rules, or other actions
listed in subdivision 1 that apply to the permit, license, registration, or certificate;
(2) submitting false material information to the department in connection with activities for
which the permit, license, registration, or certificate is issued;
(3) allowing the alteration or use of one's own permit, license, registration, or certificate
by another; or
(4) within the previous five years, conviction of a crime in connection with activities for
which the permit, license, registration, or certificate was issued.
Subd. 10. Contested case hearings; license, certificate, registration.
If the commissioner
proposes to deny, refuses to renew, suspends, or revokes a permit, license, registration, or
certificate under subdivision 8 or 9, the commissioner must first notify, in writing, the person
against whom the action is proposed to be taken and provide the person an opportunity to request a
hearing under the contested case provisions of chapter 14. If the person does not request a hearing
by notifying the commissioner within 20 days after receipt of the notice of proposed action, the
commissioner may proceed with the action without a hearing. This subdivision does not apply to:
(1) the denial of or refusal to renew a permit, license, registration, or certificate based on
the applicant's failure to meet or maintain the minimum qualifications for holding the permit,
license, registration, or certificate; or
(2) the denial of, refusal to renew, suspension of, or revocation of a permit, license,
registration, or certificate if the person against whom the action is proposed to be taken has been
granted a hearing under this subdivision within the previous 12 months.
Subd. 11. Misdemeanor penalties.
A person convicted of violating a statute or rule listed
in subdivision 1 is guilty of a misdemeanor.
Subd. 12. Securing radioactive materials.
(a) In the event of an emergency that poses a
danger to the public health, the commissioner shall have the authority to impound radioactive
materials and the associated shielding in the possession of a person who fails to abide by the
provisions of the statutes, rules, and any other item listed in subdivision 1. If impounding the
source of these materials is impractical, the commissioner shall have the authority to lock or
otherwise secure a facility that contains the source of such materials, but only the portions of
the facility as is necessary to protect the public health. An action taken under this paragraph
is effective for up to 72 hours. The commissioner must seek an injunction or take other
administrative action to secure radioactive materials beyond the initial 72-hour period.
(b) The commissioner may release impounded radioactive materials and the associated
shielding to the owner of the radioactive materials and associated shielding, upon terms and
conditions that are in accordance with the provisions of statutes, rules, and other items listed in
subdivision 1. In the alternative, the commissioner may bring an action in a court of competent
jurisdiction for an order directing the disposal of impounded radioactive materials and associated
shielding or directing other disposition as necessary to protect the public health and safety and the
environment. The costs of decontamination, transportation, burial, disposal, or other disposition
shall be borne by the owner or licensee of the radioactive materials and shielding or by any other
person who has used the radioactive materials and shielding for business purposes.
History: 1993 c 206 s 8; 1Sp1993 c 6 s 33; 1994 c 465 art 2 s 1; 1995 c 165 s 5-9; 1995 c
180 s 13; 1995 c 213 art 1 s 12; 1997 c 205 s 29,30; 1998 c 261 s 2; 1998 c 407 art 2 s 80; 1999 c
245 art 2 s 28,29; 2007 c 140 art 12 s 4; 2007 c 147 art 16 s 20