2006 Minnesota Statutes

327B.05 DENIAL, SUSPENSION AND REVOCATION OF LICENSES.
    Subdivision 1. Grounds. The commissioner may by order deny, suspend or revoke any
license on finding (1) that the order is in the public interest and (2) that the applicant or licensee or
any of its directors, officers, limited or general partners, controlling shareholders or affiliates:
(a) has filed an application for a license or a license renewal which fails to disclose any
material information or contains any statement which is false or misleading with respect to any
material fact;
(b) has violated any of the provisions of sections 327B.01 to 327B.12 or any rule or order
issued by the commissioner or any prior law providing for the licensing of manufactured home
dealers or manufacturers;
(c) has had a previous manufacturer or dealer license revoked in this or any other state;
(d) has engaged in acts or omissions which have been adjudicated or amount to a violation of
any of the provisions of section 325D.44, 325F.67 or 325F.69;
(e) has sold or brokered the sale of a home containing a material violation of sections 327.31
to 327.35 about which the dealer knew or which should have been obvious to a reasonably
prudent dealer;
(f) has failed to make or provide all listings, notices and reports required by the commissioner;
(g) has failed to pay a civil penalty assessed under subdivision 5 within ten days after the
assessment becomes final;
(h) has failed to pay to the commissioner or other responsible government agency all taxes,
fees and arrearages due;
(i) has failed to duly apply for license renewal;
(j) has violated any applicable manufactured home building or safety code;
(k) has failed or refused to honor any express or implied warranty as provided in section
327B.03;
(l) has failed to continuously occupy a permanent, established place of business licensed
under section 327B.04;
(m) has, without first notifying the commissioner, sold a new and unused manufactured
home other than the make of manufactured home described in a franchise or contract filed with
the application for license or license renewal;
(n) has wrongfully failed to deliver a certificate of title to a person entitled to it;
(o) is insolvent or bankrupt;
(p) holds an impaired or canceled bond;
(q) has failed to notify the commissioner of bankruptcy proceedings within ten days after a
petition in bankruptcy has been filed by or against the dealer or manufacturer;
(r) has, within the previous ten years, been convicted of a crime that either related directly to
the business of the dealer or manufacturer or involved fraud, misrepresentation or misuse of funds;
(s) has suffered a judgment within the previous five years in a civil action involving fraud,
misrepresentation or misuse of funds; or
(t) has failed to reasonably supervise any employee or agent of the dealer or manufacturer,
resulting in injury or harm to the public.
The commissioner may establish rules pursuant to section 327B.10 further specifying,
defining or establishing standards of conduct for manufactured home dealers and manufacturers.
    Subd. 2. Denial; appeal; reconsideration. The commissioner shall inform the applicant and
summarize in writing the reasons for a denial. Within 15 days of receiving the commissioner's
notice, the applicant may request in writing that the commissioner reconsider. The request for
reconsideration shall explain why the commissioner's previous decision was wrong and shall
specifically address each reason given by the commissioner for the denial. Within 20 days of
receiving the request for reconsideration, the commissioner shall decide whether to withdraw the
denial and grant a license. If the commissioner reaffirms the denial, the applicant may appeal in
accordance with chapter 14. An applicant whose application is denied may also cure the defects in
the application cited by the commissioner and resubmit the application at no extra charge.
    Subd. 3. License suspension or revocation; hearing. Upon the commissioner's motion or
upon the complaint of another, the commissioner may prepare and serve upon a licensee a written
notice or complaint summarizing the violations charged, and requiring the licensee to appear at a
specified time and place to show cause why the license should not be revoked. The hearing on
the suspension or revocation shall be conducted pursuant to the contested case provisions of the
Administrative Procedure Act. Upon the completion of the hearing, if the commissioner finds
the existence of any of the causes for suspension or revocation set forth in subdivision 1 and
determines that the license should be revoked or suspended, the commissioner shall make a
written order of revocation or suspension. A copy of the order shall be served upon the licensee in
the manner provided by law for the service of summons in a civil action.
If the commissioner revokes or suspends the license of any person holding more than one
license under the provisions of section 327B.04, subdivision 2, the commissioner shall revoke or
suspend all of the licenses of that person and of the affiliates of that person.
    Subd. 4. Summary license suspension. The commissioner may by order summarily
suspend a license pending final determination of any order to show cause if necessary to prevent
immediate and substantial public harm. If a license is suspended pending final determination of
an order to show cause, a hearing on the merits shall be held within 30 days of the issuance
of the order of suspension.
    Subd. 5. Penalties. After having conducted the hearing provided for in subdivision 3, the
commissioner may, in addition to or in lieu of revoking or suspending a license, order restitution
to an injured consumer customer, or assess a penalty or penalties of not more than $10,000
against any person who commits any act that is grounds for the suspension or revocation of a
license under subdivision 1.
    Subd. 6. Appeals. The contested case provisions of chapter 14 shall apply to appeals from
any order by the commissioner denying, suspending or revoking a license, or assessing penalties.
History: 1982 c 526 art 1 s 5; 1983 c 142 s 4,6; 1983 c 216 art 1 s 55; 1983 c 247 s 133;
1986 c 444