214.131 COMMISSIONER CEASE AND DESIST AUTHORITY; NONCOMPLIANCE.
Subdivision 1. Cease and desist order.
The commissioner of health may issue a cease and
desist order to stop a person from engaging in an unauthorized practice or violating or threatening
to violate a statute, rule, or order that the commissioner of health has issued or is empowered
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
. If, within 15 days after
service of the order, the subject of the order fails to request a hearing in writing, the cease and
desist order becomes final.
A hearing must be initiated by the commissioner of health not later than 30 days after the
date the commissioner receives a written hearing request. Within 30 days after receiving the
administrative law judge's report, the commissioner of health 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 commissioner of health.
When a request for a stay accompanies a timely hearing request, the commissioner of health
may grant the stay. If the commissioner does not grant a requested stay, the commissioner
shall refer the request to the Office of Administrative Hearings within three work days after
receiving the request. Within ten days after receiving the request from the commissioner of
health, an administrative law judge shall issue a recommendation to grant or deny the stay. The
commissioner of health shall grant or deny the stay within five work days after receiving the
administrative law judge's recommendation.
In the event of noncompliance with a cease and desist order, the commissioner of health
may institute a proceeding in a district court to obtain injunctive relief or other appropriate relief,
including a civil penalty payable to the commissioner of health not exceeding $10,000 for each
Subd. 2. Civil penalty.
When the commissioner of health finds that a person has violated one
or more provisions of any statute, rule, or order that the commissioner of health is empowered to
regulate, enforce, or issue, the commissioner of health may impose, for each violation, a civil
penalty that deprives the person of any economic advantage gained by the violation, or that
reimburses the Department of Health for costs of the investigation and proceeding, or both.
Subd. 3. Injunctive relief.
In addition to any other remedy provided by law, the
commissioner of health may bring an action in district court for injunctive relief to restrain any
unauthorized practice or violation of any statute, rule, or order that the commissioner of health is
empowered to regulate, enforce, or issue. A temporary restraining order may be granted in the
proceeding if continued activity by a person would create a serious risk of harm to others.
Subd. 4. Additional powers.
The issuance of a cease and desist order or injunctive relief
granted under this section does not relieve a person from criminal prosecution by any competent
authority or from disciplinary action by the commissioner of health. Any violation of any order of
the commissioner is a misdemeanor.
History: 1993 c 201 s 6