2006 Minnesota Statutes

18D.301 ENFORCEMENT.
    Subdivision 1. Enforcement required. (a) The commissioner shall enforce this chapter and
chapters 18B, 18C, and 18F.
(b) Violations of chapter 18B, 18C, or 18F or rules adopted under chapter 18B, 18C, or
18F are a violation of this chapter.
(c) Upon the request of the commissioner, county attorneys, sheriffs, and other officers
having authority in the enforcement of the general criminal laws shall take action to the extent of
their authority necessary or proper for the enforcement of this chapter or special orders, standards,
stipulations, and agreements of the commissioner.
    Subd. 2. Commissioner's discretion. If minor violations of this chapter, chapter 18B, 18C,
or 18F occur or when the commissioner believes the public interest will be best served by a
suitable notice of warning in writing, this chapter does not require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution or stop-sale order.
    Subd. 3. Civil actions. Civil judicial enforcement actions may be brought by the attorney
general in the name of the state on behalf of the commissioner. A county attorney may bring a
civil judicial enforcement action upon the request of the commissioner and agreement by the
attorney general.
    Subd. 4. Injunction. The commissioner may apply to a court with jurisdiction for a
temporary or permanent injunction to prevent, restrain, or enjoin violations of this chapter.
    Subd. 5. Criminal actions. For a criminal action, the county attorney from the county where
a criminal violation occurred is responsible for prosecuting a violation of this chapter. If the county
attorney refuses to prosecute, the attorney general on request of the commissioner may prosecute.
    Subd. 6. Agent for service of process. All nonresident commercial and structural pest
control applicator licensees licensed as individuals must appoint the commissioner as the agent
upon whom all legal process may be served and service upon the commissioner is deemed to
be service on the licensee.
History: 1989 c 326 art 7 s 8; 1991 c 250 s 21,22