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Minnesota Legislature

Office of the Revisor of Statutes

184.34 PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE.

Subdivision 1.Incompetency.

Upon the adjudication of incompetency, revocation shall be automatic and shall be permanent except that in the event of restoration to capacity a license may be reissued to such person on payment of all proper fees.

Subd. 2.Statement of charges; right to hearing.

In all other cases the department may not refuse to issue a license or suspend or revoke a license under section 184.33 unless it furnishes the person, employment agent or counselor with a written statement of the charges and affords an opportunity to be heard on the charges. At least ten days' written notice of the date and time of the hearing shall be given. The notice shall be sent by certified mail to the address of the person as shown on the application for license or it may be served in the manner in which a summons is served in civil cases commenced in the district court.

Subd. 3.Hearing.

At the time and place fixed for the hearing the department shall hold such hearing and thereafter make its order either dismissing the charges or refusing, suspending or revoking the license. At the hearing the accused shall have the right to appear personally and by counsel and to cross examine witnesses, and to produce evidence and witnesses in defense, and shall have the right to have witnesses subpoenaed, which subpoena shall be issued by the commissioner.

Subd. 4.Record of hearing.

A stenographic record of all proceedings shall be made and a transcript of such proceedings shall be made if desired by the department or by the accused; provided, that the transcript shall be paid for by the party ordering the same.

History:

1967 c 884 s 14; Ex1967 c 1 s 6; 1986 c 444