2004 Minnesota Statutes

     115C.111 Consultant and contractor sanctions; actions 
  based on conduct occurring before March 14, 1996. 

    Subdivision 1.    Application.  This section applies to 
 administrative actions based on conduct that occurred before 
 March 14, 1996. 

    Subd. 2.    Authority.  The commissioner of commerce may 
 by order censure, suspend, or revoke a registrant and require 
 payment of all costs of proceedings resulting in an action 
 instituted under this subdivision and impose a civil penalty of 
 not more than $10,000 if the commissioner of commerce finds:  
 (i) that the order is in the public interest; and (ii) that the 
 registrant or, in the case of a registrant that is not a natural 
 person, any partner, officer, or director, any person occupying 
 a similar status or performing similar functions, or any person 
 directly or indirectly controlling the registrant: 

    (1) has engaged in conduct that departs from or fails to 
 conform to the minimal standards of acceptable and prevailing 
 engineering, hydrogeological, or other technical practices 
 within the reasonable control of the consultant or contractor; 

    (2) has participated in a kickback scheme prohibited under 
 section 115C.045; 

    (3) has engaged in conduct likely to deceive or defraud, or 
 demonstrated a willful or careless disregard for public health 
 or the environment; 

    (4) has committed fraud, embezzlement, theft, forgery, 
 bribery, falsified or destroyed records, made false statements, 
 received stolen property, made false claims, or obstructed 
 justice; 

    (5) is the subject of an order revoking, suspending, 
 restricting, limiting, or imposing other disciplinary action 
 against the contractor's or consultant's license or 
 certification in another state or jurisdiction; or 

    (6) if the person is a consultant, has failed to comply 
 with any of the ongoing obligations for registration as a 
 consultant in section 115C.11, subdivision 1. 

    Subd. 3.    Amount of civil penalty.  The civil penalty 
 that may be imposed under subdivision 2 shall be in an amount 
 that the commissioner of commerce determines will deprive the 
 consultant or contractor of any economic advantage gained by 
 reason of the consultant's or contractor's conduct or to 
 reimburse the board for the cost of the investigation and 
 proceeding. 

    HIST: 1996 c 308 s 9 

*   NOTE:  See section 115C.13 for repealer.