2007 Minnesota Statutes

144A.12 INJUNCTIVE RELIEF; SUBPOENAS.
    Subdivision 1. Injunctive relief. In addition to any other remedy provided by law, the
commissioner of health may bring an action in the district court in Ramsey or Hennepin County
or in the district in which a nursing home is located to enjoin a controlling person or an employee
of the nursing home from illegally engaging in activities regulated by sections 144A.01 to
144A.155. A temporary restraining order may be granted by the court in the proceeding if
continued activity by the controlling person or employee would create an imminent risk of harm
to a resident of the facility.
    Subd. 2. Subpoenas. In all matters pending before the commissioner under sections 144A.01
to 144A.155, the commissioner of health shall have the power to issue subpoenas and compel the
attendance of witnesses and the production of all necessary papers, books, records, documents and
other evidentiary material. Any person failing or refusing to appear or testify regarding any matter
about which that person may be lawfully questioned or to produce any papers, books, records,
documents or evidentiary materials in the matter to be heard, after having been required by order
of the commissioner of health or by a subpoena of the commissioner of health to do so may, upon
application by the commissioner of health to the district court in any district, be ordered by the
court to comply therewith. The commissioner of health may issue subpoenas and may administer
oaths to witnesses, or take their affirmation. Depositions may be taken within or without the state
in the manner provided by law for the taking of depositions in civil actions. A subpoena or other
process or paper may be served upon any named person anywhere within the state by any officer
authorized to serve subpoenas in civil actions, with the same fees and mileage and in the same
manner as prescribed by law for process issued out of the district court of this state. Fees and
mileage and other costs of persons subpoenaed by the commissioner of health shall be paid in the
same manner as for proceedings in district court.
History: 1976 c 173 s 12; 1977 c 305 s 45; 1986 c 444; 1987 c 384 art 2 s 1; 1989 c 282
art 3 s 22; 1Sp2001 c 9 art 5 s 40