1997 Minnesota Statutes

     245A.07 Sanctions. 

    Subdivision 1.    Sanctions available.  In addition to 
 ordering forfeiture of fines, the commissioner may propose to 
 suspend, revoke, or make conditional the license or secure an 
 injunction against the continuing operation of the program of a 
 license holder who does not comply with applicable law or rule.  
 When applying sanctions authorized under this section, the 
 commissioner shall consider the nature, chronicity, or severity 
 of the violation of law or rule and the effect of the violation 
 on the health, safety, or rights of persons served by the 
 program. 

    Subd. 2.    Immediate suspension in cases of imminent 
 danger to health, safety, or rights.  If the license holder's 
 failure to comply with applicable law or rule has placed the 
 health, safety, or rights of persons served by the program in 
 imminent danger, the commissioner shall act immediately to 
 suspend the license.  No state funds shall be made available or 
 be expended by any agency or department of state, county, or 
 municipal government for use by a license holder regulated under 
 sections 245A.01 to 245A.16 while a license is under immediate 
 suspension.  A notice stating the reasons for the immediate 
 suspension and informing the license holder of the right to a 
 contested case hearing under chapter 14 must be delivered by 
 personal service to the address shown on the application or the 
 last known address of the license holder.  The license holder 
 may appeal an order immediately suspending a license.  The 
 appeal of an order immediately suspending a license must be made 
 in writing by certified mail and must be received by the 
 commissioner within five calendar days after the license holder 
 receives notice that the license has been immediately 
 suspended.  A license holder and any controlling individual 
 shall discontinue operation of the program upon receipt of the 
 commissioner's order to immediately suspend the license. 

    Subd. 3.    Suspension, revocation, denial of conditional 
 license.  The commissioner may suspend, revoke, make 
 conditional, or deny a license if an applicant or a license 
 holder fails to comply fully with applicable laws or rules, or 
 knowingly withholds relevant information from or gives false or 
 misleading information to the commissioner in connection with an 
 application for a license or during an investigation.  A license 
 holder who has had a license suspended, revoked, or made 
 conditional must be given notice of the action by certified 
 mail.  The notice must be mailed to the address shown on the 
 application or the last known address of the license holder.  
 The notice must state the reasons the license was suspended, 
 revoked, or made conditional. 

    (a) If the license was suspended or revoked, the notice 
 must inform the license holder of the right to a contested case 
 hearing under chapter 14.  The license holder may appeal an 
 order suspending or revoking a license.  The appeal of an order 
 suspending or revoking a license must be made in writing by 
 certified mail and must be received by the commissioner within 
 ten calendar days after the license holder receives notice that 
 the license has been suspended or revoked.  

    (b) If the license was made conditional, the notice must 
 inform the license holder of the right to request a 
 reconsideration by the commissioner.  The request for 
 reconsideration must be made in writing by certified mail and 
 must be received by the commissioner within ten calendar days 
 after the license holder receives notice that the license has 
 been made conditional.  The license holder may submit with the 
 request for reconsideration written argument or evidence in 
 support of the request for reconsideration.  The commissioner's 
 disposition of a request for reconsideration is final and is not 
 subject to appeal under chapter 14.  

    Subd. 4.    Adoption agency violations.  If a license 
 holder licensed to place children for adoption fails to provide 
 services as described in the disclosure form required by section 
 259.37, subdivision 2, the sanctions under this section may be 
 imposed. 

    HIST: 1987 c 333 s 7; 1989 c 282 art 2 s 80; 1990 c 568 art 2 
 s 45; 1992 c 513 art 9 s 11,12; 1994 c 631 s 6,31; 1995 c 207 
 art 2 s 14; 1997 c 248 s 26,27