1997 Minnesota Statutes

     268.0625 Unemployment tax clearances; issuances of 
  licenses. 

    Subdivision 1.    Unemployment clearance required.  The 
 state or a political subdivision of the state may not issue, 
 transfer, or renew, and must revoke a license for the conduct of 
 any profession, trade, or business, if the commissioner notifies 
 the licensing authority that the applicant owes the state 
 delinquent contributions, reimbursements, or benefit 
 overpayments.  The commissioner may not notify the licensing 
 authority unless the applicant owes $500 or more to the 
 reemployment insurance fund.  A licensing authority that has 
 received a notice from the commissioner may issue, transfer, 
 renew, or not revoke the applicant's license only if (a) the 
 commissioner issues an unemployment tax clearance certificate; 
 and (b) the commissioner or the applicant forwards a copy of the 
 clearance to the licensing authority. 

    Subd. 2.    Issuance of clearance.  The commissioner may 
 issue an unemployment tax clearance certificate only if (a) the 
 applicant does not owe the state any delinquent contributions, 
 reimbursements, or benefit overpayments; or (b) the applicant 
 has entered into a payment agreement to liquidate the delinquent 
 contributions, reimbursements, or benefit overpayments and is 
 current with all the terms of that payment agreement. 

    For the purposes of this section, "applicant" means:  (a) 
 an individual if the license is issued to or in the name of an 
 individual, or the corporation, limited liability company, or 
 partnership if the license is issued to or in the name of a 
 corporation, limited liability company, or partnership; or (b) 
 an officer of a corporation, manager of a limited liability 
 company, or a member of a partnership, or an individual who is 
 liable for the delinquent contributions, reimbursements, or 
 benefit overpayments, either for the entity for which the 
 license is at issue or for another entity for which the 
 liability was incurred, or personally as a licensee.  In the 
 case of a license transfer, "applicant" means both the 
 transferor and the transferee of the license.  "Applicant" also 
 means any holder of a license. 

    Subd. 3.    Notice and right to hearing.  At least 30 
 days before the commissioner notifies a licensing authority 
 pursuant to subdivision 1, a notice and demand for payment of 
 the amount due shall be given to the applicant.  If the 
 applicant disputes the amount due, the applicant must request a 
 hearing in writing within 30 days after the mailing of the 
 notice and demand for payment to the applicant's last known 
 address.  Proceedings on the appeal of the amount due shall be 
 conducted in accordance with section 268.105. 

    Subd. 4.    Licensing authority; duties.  Upon request 
 of the commissioner, the licensing authority must provide the 
 commissioner with a list of all applicants, including the name, 
 address, business name and address, social security number, and 
 business identification number of each applicant.  The 
 commissioner may request from a licensing authority a list of 
 the applicants no more than once each calendar year.  
 Notwithstanding section 268.19, the commissioner may release 
 information necessary to accomplish the purpose of this section. 

    Subd. 5.    Other remedies.  Any action taken by the 
 commissioner pursuant to this section is not an election by the 
 commissioner to pursue a remedy to the exclusion of any other 
 remedy.  

    HIST: 1987 c 385 s 37; 1994 c 488 s 8; 1995 c 54 s 20; 1996 c 
 417 s 26,27; 1997 c 66 s 79