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Minnesota Legislature

Office of the Revisor of Statutes

149A.04 ENFORCEMENT.
    Subdivision 1. General authority. The provisions of this chapter and all laws, now in
force or later enacted, rules, orders, stipulation agreements, settlements, compliance agreements,
licenses, and permits adopted or issued for the regulation of the removal, preparation,
transportation, arrangements for disposition, or final disposition of dead human bodies or for the
regulation of the practice of mortuary science may be enforced under this section.
    Subd. 2. Inspections. The regulatory agency or a designee of the regulatory agency shall
conduct initial licensure inspections and corrective order reinspections. As a condition of
continued licensure, compliance reviews or premises inspections of licensees shall be conducted
by the regulatory agency or a designee of the regulatory agency at least biennially. A compliance
review or an inspection of the premises of any person subject to regulation under this chapter
may also be conducted when the regulatory agency reasonably suspects that there may be a
violation or a threat of a violation of any law now in force or later enacted, rule, order, stipulation
agreement, settlement, compliance agreement, license, or permit issued by the regulatory agency.
When possible, all inspections and compliance reviews shall be conducted without prior notice to
the subject of the inspection or review and shall be performed in the presence of the subject of the
inspection or review or an authorized representative of the subject of the inspection or review.
    Subd. 3. Access to information and property. The regulatory agency or a designee of the
regulatory agency, upon presentation of credentials, may:
(1) examine and copy any relevant books, papers, records, memoranda, or data of any person
subject to regulation under this chapter; and
(2) enter upon any property, public or private, for the purpose of taking any action authorized
under this chapter or rules, orders, stipulation agreements, settlements, compliance agreements,
licenses, or permits adopted or issued by the regulatory agency, including obtaining information
from a person that has a duty to provide information under this chapter or conducting inspections
or investigations.
    Subd. 4. Subpoena power. The regulatory agency may, as part of an investigation, issue
subpoenas to require the attendance and testimony of witnesses and production of books, records,
correspondence, and other information relevant to any matter involved in the investigation. The
regulatory agency or the regulatory agency's designee may administer oaths to witnesses or take
their affirmation. The subpoenas may be served upon any person named therein anywhere in the
state by any person authorized to serve subpoenas or other processes in civil actions of the district
courts. If a person to whom a subpoena is issued does not comply with the subpoena, the regulatory
agency may apply to the district court in any district and the court may order compliance with the
subpoena. Failure to obey the order of the court may be punished as contempt of court.
    Subd. 5. Data on investigations and disciplinary actions. Data relating to any disciplinary
measures or actions anticipated or taken by the regulatory agency are classified as follows:
(1) data on persons other than individuals are civil investigative data under section 13.39;
(2) data on individuals are licensing data under section 13.41; and
(3) data on individuals who submit complaints to the regulatory agency regarding activities
or practices regulated under this chapter are confidential data on individuals while an investigation
is active and private data on individuals when an investigation becomes inactive.
    Subd. 6. Cooperation with other authorities. The regulatory agency shall encourage
and promote cooperation between and among other state and federal authorities where there is
concurrent or overlapping enforcement or licensing jurisdiction.
History: 1997 c 215 s 8; 2001 c 171 s 13