2026 Minnesota Statutes

155A.33 ENFORCEMENT.

Subdivision 1.Proceedings.

If the board, or a complaint committee if authorized by the board, has a reasonable basis for believing that a person has engaged in or is about to engage in a violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce, the board or complaint committee may proceed as provided in subdivision 2 or 3. Except as otherwise provided in this section, all hearings must be conducted in accordance with chapter 14.

Subd. 2.Legal actions.

(a) When necessary to prevent an imminent violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce, the board, or a complaint committee if authorized by the board, may bring an action in the name of the state in the District Court of Ramsey County in which jurisdiction is proper to enjoin the act or practice and to enforce compliance with the statute, rule, or order. On a showing that a person has engaged in or is about to engage in an act or practice that constitutes a violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce, the court must grant a permanent or temporary injunction, restraining order, or other appropriate relief.

(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when the board shows that a person has engaged in or is about to engage in an act or practice that constitutes violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce.

(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person from criminal prosecution by a competent authority, or from action by the board under subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application for examination, license, registration, or renewal.

Subd. 3.Cease and desist orders.

(a) The board, or complaint committee if authorized by the board, may issue and have served upon an unlicensed or unregistered person, or a holder of a license or registration, an order requiring the person to cease and desist from an act or practice that constitutes a violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce. The order must (1) give reasonable notice of the rights of the person named in the order to request a hearing, and (2) state the reasons for the entry of the order. No order may be issued under this subdivision until an investigation of the facts has been conducted under section 214.10.

(b) Service of the order under this subdivision is effective when the order is personally served on the person or counsel of record, or served by certified mail to the most recent address provided to the board for the person or counsel of record.

(c) The board must hold a hearing under this subdivision not later than 30 days after the board receives the request for the hearing, unless otherwise agreed between the board, or complaint committee if authorized by the board, and the person requesting the hearing.

(d) Notwithstanding any rule to the contrary, the administrative law judge must issue a report within 30 days of the close of the contested case hearing. Within 30 days after receiving the report and subsequent exceptions and argument, the board must issue a further order vacating, modifying, or making permanent the cease and desist order. If no hearing is requested within 30 days of service of the order, the order becomes final and remains in effect until modified or vacated by the board.

Subd. 4.Licensing and registration actions.

(a) With respect to a person who is a holder of or applicant for a license or registration under this chapter, the board may by order deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or registration, censure or reprimand the person, refuse to permit the person to sit for examination, or refuse to release the person's examination grades, if the board finds that such an order is in the public interest and that, based on a preponderance of the evidence presented, the person has:

(1) violated a statute, rule, or order that the board has adopted or issued or is empowered to enforce;

(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, related to the practice of a profession regulated by this chapter, if the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to engage in the practice of the profession;

(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate incompetence, or are otherwise in violation of the standards in the rules of the board, where the conduct or acts relate to the practice of a profession regulated by this chapter;

(4) employed fraud or deception in obtaining a license, registration, renewal, or reinstatement, or in passing all or a portion of the examination;

(5) had a license, registration, right to examine, or other similar authority revoked in another jurisdiction;

(6) failed to meet any requirement for issuance or renewal of the person's license or registration;

(7) advertised by means of false or deceptive statements;

(8) performed licensed services while consuming or under the influence of an intoxicant or controlled substance;

(9) demonstrated unprofessional conduct or practice;

(10) permitted an unlicensed person under the person's supervision or control to offer or practice services regulated by this chapter for compensation;

(11) practices, offered to practice, or attempted to practice by misrepresentation;

(12) failed to display a license or permit as required by rules adopted by the board;

(13) violated the board's rules governing infection control;

(14) refused to permit the board to make an inspection permitted or required by this chapter, or failed to provide the board or the attorney general on behalf of the board with any documents or records they request; or

(15) with respect to temporary suspension orders, has committed an act, engaged in conduct, or committed practices that the board, or complaint committee if authorized by the board, has determined may result or may have resulted in an immediate threat to the public.

(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a condition of continued licensure or registration, termination of suspension, reinstatement of licensure or registration, examination, or release of examination results, require that the person:

(1) submit to a quality review of the person's ability, skills, or quality of work, conducted in a manner and by a person or entity that the board determines; or

(2) completes to the board's satisfaction continuing education as the board requires.

(c) The board or complaint committee, if authorized by the board, may issue an order under this subdivision. The order may include conditions under paragraph (b) and civil penalties and fees permitted under subdivision 6. The order may require a person to cease and desist from acting in violation of paragraph (a). The order must include:

(1) a summary of the facts that constitute each violation;

(2) the applicable law that has been violated;

(3) the licensing or registration action taken under paragraph (a); and

(4) a notice to the individual that unless the individual requests a hearing within 30 days of service of the order, the order becomes a final order of the board.

(d) If an order under this subdivision assesses civil penalties, the order must include a statement that, when the order becomes final, the board may file and enforce any unpaid amount of a penalty as a judgment in district court without further notice or additional proceedings.

(e) A person issued an order under this subdivision may request a hearing within 30 days of the date the order is served. If a person's written request for a hearing is not received within 30 days of the date of service of the order, the order becomes a final order and is not subject to review by any court or agency. If a person submits to the board a timely request for hearing, the order is stayed pending a final order. The request for a hearing under this paragraph must:

(1) be in writing;

(2) provide the reason for the person's request for a hearing; and

(3) be mailed or delivered to the board within 30 days of service of the order.

(f) An order under this subdivision must be personally served or sent by first-class or certified mail to the most recent address provided to the board by the licensee or applicant according to Minnesota Rules, part 1400.5550, subparts 2 and 3.

(g) Except as provided in subdivision 5, paragraph (c), all hearings under this subdivision must be conducted in accordance with chapter 14.

(h) Nothing in this chapter prevents the board from resolving any violation through informal disposition under section 14.59.

Subd. 5.Temporary suspension.

(a) When the board, or complaint committee if authorized by the board, issues a temporary suspension order, the suspension provided for in the order is effective on service of a written copy of the order on the licensee, registrant, or counsel of record. The order must specify the statute, rule, or order violated by the licensee or registrant. The order remains in effect until the board issues a final order in the matter after a hearing, or on agreement between the board and the licensee or registrant.

(b) An order under this subdivision may (1) prohibit the licensee or registrant from engaging in the practice of a profession regulated by the board in whole or in part, as the facts require, and (2) condition the termination of the suspension on compliance with a statute, rule, or order that the board has adopted or issued or is empowered to enforce. The order must state the reasons for entering the order and must set forth the right to a hearing as provided in this subdivision.

(c) Within ten days after service of an order under this subdivision, the licensee or registrant may request a hearing in writing. The board must hold a hearing before its own members within five working days of the request for a hearing. The sole issue at the hearing must be whether there is a reasonable basis to continue, modify, or terminate the temporary suspension. The hearing is not subject to chapter 14. Evidence presented to the board or the licensee or registrant may be in affidavit form only. The licensee, registrant, or counsel of record may appear for oral argument.

(d) Within five working days after the hearing, the board must issue its order and, if the order continues the suspension, must schedule a contested case hearing within 30 days of the issuance of the order. Notwithstanding any rule to the contrary, the administrative law judge must issue a report within 30 days after the closing of the contested case hearing record. The board must issue a final order within 30 days of receiving the report.

Subd. 6.Violations; penalties; costs.

(a) The board may impose a civil penalty of up to $2,000 per violation on a person who violates a statute, rule, or order that the board has adopted or issued or is empowered to enforce.

(b) In addition to any penalty under paragraph (a), the board may impose a fee to reimburse the board for all or part of the cost of (1) the proceedings resulting in disciplinary action authorized under this section, (2) the imposition of a civil penalty under paragraph (a), or (3) the issuance of a cease and desist order. The board may impose a fee under this paragraph when the board shows that the position of the person who has violated a statute, rule, or order that the board has adopted or issued or is empowered to enforce is not substantially justified unless special circumstances make such a fee unjust, notwithstanding any rule to the contrary. Costs under this paragraph include, but are not limited to, the amount paid by the board for services from the Court of Administrative Hearings, attorney fees, court reporter costs, witness costs, reproduction of records, board members' compensation, board staff time, and expenses incurred by board members and staff.

(c) All hearings under this subdivision must be conducted in accordance with chapter 14.

Subd. 7.Reinstatement.

Upon petition of the former or suspended licensee or registrant, the board may reinstate a suspended, revoked, or surrendered license or registration. The board may in its sole discretion place any conditions on reinstatement of a suspended, revoked, or surrendered license or registration that it finds appropriate and necessary to ensure that the purposes of this chapter are met. No license or registration may be reinstated until the former licensee or registrant has completed at least one-half of the suspension period.

Subd. 8.Corrective action.

(a) When the board or complaint committee, if authorized by the board, determines that a complaint alleging that an applicant or a licensee violated this chapter, rules adopted under this chapter, or an order issued by the board may be appropriately resolved through corrective action, the board or complaint committee may enter into an agreement for corrective action with an applicant or a licensee.

(b) An agreement for corrective action must:

(1) be in writing;

(2) describe the facts upon which the agreement is based;

(3) describe the corrective action agreed upon by the board or complaint committee and the applicant or licensee; and

(4) state that the complaint upon which the agreement was based must be dismissed by the board or complaint committee when the board or committee finds that the applicant or licensee has successfully performed the corrective action.

(c) The board or complaint committee may determine that the applicant or licensee has successfully performed the corrective action if the applicant or licensee submits a request for dismissal that documents the applicant's or licensee's successful performance of the corrective action.

(d) An agreement under this subdivision is not disciplinary action. An agreement under this section is public data under chapter 13.

(e) The board may assess a fee on an applicant or a licensee to reimburse the board for costs related to the corrective action. The board must include a fee under this paragraph in the corrective action agreement.

(f) If an applicant or a licensee fails to successfully perform the corrective action within the time specified in the agreement, the matter may be resolved through any enforcement action authorized under this section.

History:

1993 c 204 s 24; 2004 c 269 art 3 s 40; 2005 c 27 s 7,9; 2009 c 78 art 6 s 13,26; 2014 c 162 s 13; 2026 c 119 art 4 s 30-36