2007 Minnesota Statutes

144E.19 DISCIPLINARY ACTION.
    Subdivision 1. Suspension; revocation; nonrenewal. The board may suspend, revoke,
refuse to renew, or place conditions on the license of a licensee upon finding that the licensee has
violated a provision of this chapter or rules adopted under this chapter or has ceased to provide
the service for which the licensee is licensed.
    Subd. 2. Notice; contested case. (a) Before taking action under subdivision 1, the board shall
give notice to a licensee of the right to a contested case hearing under chapter 14. If a licensee
requests a contested case hearing within 30 days after receiving notice, the board shall initiate a
contested case hearing according to chapter 14.
(b) The administrative law judge shall issue a report and recommendation within 30 days
after closing the contested case hearing record. The board shall issue a final order within 30 days
after receipt of the administrative law judge's report.
    Subd. 3. Temporary suspension. (a) In addition to any other remedy provided by law, the
board may temporarily suspend the license of a licensee after conducting a preliminary inquiry to
determine whether the board believes that the licensee has violated a statute or rule that the board
is empowered to enforce and determining that the continued provision of service by the licensee
would create an imminent risk to public health or harm to others.
(b) A temporary suspension order prohibiting a licensee from providing ambulance service
shall give notice of the right to a preliminary hearing according to paragraph (d) and shall state
the reasons for the entry of the temporary suspension order.
(c) Service of a temporary suspension order is effective when the order is served on the
licensee personally or by certified mail, which is complete upon receipt, refusal, or return for
nondelivery to the most recent address provided to the board for the licensee.
(d) At the time the board issues a temporary suspension order, the board shall schedule a
hearing, to be held before a group of its members designated by the board, that shall begin within
60 days after issuance of the temporary suspension order or within 15 working days of the date of
the board's receipt of a request for a hearing from a licensee, whichever is sooner. The hearing
shall be on the sole issue of whether there is a reasonable basis to continue, modify, or lift the
temporary suspension. A hearing under this paragraph is not subject to chapter 14.
(e) Evidence presented by the board or licensee may be in the form of an affidavit. The
licensee or the licensee's designee may appear for oral argument.
(f) Within five working days of the hearing, the board shall issue its order and, if the
suspension is continued, notify the licensee of the right to a contested case hearing under chapter
14.
(g) If a licensee requests a contested case hearing within 30 days after receiving notice under
paragraph (f), the board shall initiate a contested case hearing according to chapter 14. The
administrative law judge shall issue a report and recommendation within 30 days after the closing
of the contested case hearing record. The board shall issue a final order within 30 days after
receipt of the administrative law judge's report.
History: 1999 c 245 art 9 s 33