2006 Minnesota Statutes

13.41 LICENSING DATA.
    Subdivision 1. Definition. As used in this section "licensing agency" means any board,
department or agency of this state which is given the statutory authority to issue professional or
other types of licenses, except the various agencies primarily administered by the commissioner
of human services. Data pertaining to persons or agencies licensed or registered under authority
of the commissioner of human services shall be administered pursuant to section 13.46.
    Subd. 2. Private data; designated addresses and telephone numbers. (a) The following
data collected, created or maintained by any licensing agency are classified as private, pursuant to
section 13.02, subdivision 12: data, other than their names and designated addresses, submitted
by applicants for licenses; the identity of complainants who have made reports concerning
licensees or applicants which appear in inactive complaint data unless the complainant consents
to the disclosure; the nature or content of unsubstantiated complaints when the information is
not maintained in anticipation of legal action; the identity of patients whose medical records are
received by any health licensing agency for purposes of review or in anticipation of a contested
matter; inactive investigative data relating to violations of statutes or rules; and the record of any
disciplinary proceeding except as limited by subdivision 5.
(b) An applicant for a license shall designate on the application a residence or business
address and telephone number at which the applicant can be contacted in connection with the
license application. A licensee shall designate a residence or business address and telephone
number at which the licensee can be contacted in connection with the license. By designating an
address under this paragraph other than a residence address, the applicant or licensee consents to
accept personal service of process by service on the licensing agency for legal or administrative
proceedings. The licensing agency shall mail a copy of the documents to the applicant or licensee
at the last known residence address.
    Subd. 3. Board of Peace Officer Standards and Training. The following government data
of the Board of Peace Officer Standards and Training are private data:
(1) home addresses of licensees and applicants for licenses; and
(2) data that identify the state agency, statewide system, or political subdivision that employs
a licensed peace officer.
The board may disseminate private data on applicants and licensees as is necessary to
administer law enforcement licensure or to provide data under section 626.845, subdivision 1, to
law enforcement agencies who are conducting employment background investigations.
    Subd. 4. Confidential data. The following data collected, created or maintained by any
licensing agency are classified as confidential, pursuant to section 13.02, subdivision 3: active
investigative data relating to the investigation of complaints against any licensee.
    Subd. 5. Public data. Licensing agency minutes, application data on licensees except
nondesignated addresses, orders for hearing, findings of fact, conclusions of law and specification
of the final disciplinary action contained in the record of the disciplinary action are classified as
public, pursuant to section 13.02, subdivision 15. The entire record concerning the disciplinary
proceeding is public data pursuant to section 13.02, subdivision 15, in those instances where there
is a public hearing concerning the disciplinary action. If the licensee and the licensing agency
agree to resolve a complaint without a hearing, the agreement and the specific reasons for the
agreement are public data. The license numbers, the license status, and continuing education
records issued or maintained by the Board of Peace Officer Standards and Training are classified
as public data, pursuant to section 13.02, subdivision 15.
    Subd. 6. Releasing data. Any licensing agency may make any data classified as private or
confidential pursuant to this section accessible to an appropriate person or agency if the licensing
agency determines that failure to make the data accessible is likely to create a clear and present
danger to public health or safety.
History: 1981 c 311 s 27,39; 1982 c 545 s 12-14,24; 1984 c 436 s 16; 1984 c 654 art 5 s 58;
1987 c 351 s 6; 1990 c 573 s 5; 1993 c 351 s 5; 1994 c 618 art 1 s 8; 1997 c 214 s 1; 1Sp1997 c 3
s 4; 1999 c 227 s 22; 2000 c 468 s 11; 2002 c 375 art 1 s 1; 2002 c 389 s 1